[Federal Register Volume 64, Number 225 (Tuesday, November 23, 1999)]
[Rules and Regulations]
[Pages 65660-65664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-30401]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 49 and 52
[TRI-FIP-003a; FRL-6479-8]
Source Specific Federal Implementation Plan for Tri-Cities
Landfill; Salt River Pima-Maricopa Indian Community
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is promulgating a
direct final, source-specific Federal Implementation Plan (FIP) to
regulate emissions from a proposed gas-to-energy project at the Tri-
Cities landfill. This facility is located on the reservation of the
Salt River Pima-Maricopa Indian Community (SRPMIC), within the Phoenix
area designated by EPA as nonattainment for CO, PM-10, and ozone. This
facility will be owned and operated by the Salt River Project (SRP)
under the terms of an agreement and lease entered into with the SRPMIC.
DATES: This direct final rule is effective on January 24, 2000 unless
adverse or critical comments are received by December 23, 1999. If EPA
receives such comments, it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments should be addressed to: Steve Branoff, Air
Division (AIR-3), U.S. EPA Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901.
FOR FURTHER INFORMATION CONTACT: Steve Branoff, Air Division (AIR-3),
U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901,
(415) 744-1290.
SUPPLEMENTARY INFORMATION:
I. EPA's Authority To Promulgate a FIP in Indian Country
The Clean Air Act Amendments of 1990 greatly expanded the role of
Indian tribes in implementing the provisions of the Clean Air Act in
Indian country. Section 301(d) of the Act authorizes EPA to issue
regulations specifying the provisions of the Clean Air Act for which
Indian tribes may be treated in the same manner as states. EPA
promulgated the final rule under section 301(d) of the Act, entitled
``Indian Tribes: Air Quality Planning and Management,'' on February 12,
1998. 63 FR 7254. This rule is generally referred to as the ``Tribal
Authority Rule'' or ``TAR.''
In the preamble to the proposed 1 and final TAR, EPA
discussed generally the legal basis under the CAA by which EPA and
tribes are authorized to regulate sources of air pollution in Indian
country. EPA concluded that the CAA constitutes a statutory grant of
jurisdictional authority to eligible Indian tribes that allows them to
develop CAA programs for EPA approval in the same manner as states for
all air resources within the exterior boundaries of a reservation. 63
FR 7254-7259; 59 FR 43958-43960. In addition, the CAA authorizes
eligible tribes to develop CAA programs for non-reservation areas over
which a tribe can demonstrate jurisdiction under Federal Indian law. 63
FR 7258-7259.
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\1\ See 59 FR 43956 (August 25, 1994).
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EPA also concluded that the CAA authorizes EPA to protect air
quality throughout Indian country. See 63 FR 7262; 59 FR 43960-43961
(citing to CAA sections 101(b)(1), 301(a), and 301(d)); see also 63 FR
8247, 8250 (citing to CAA sections 301(d)(4) and 301(d)(2)(B)). In
fact, in promulgating the TAR, EPA specifically provided that, pursuant
to the discretionary authority explicitly granted to EPA under sections
301(a) and 301(d)(4) of the Act, EPA:
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.
63 FR 7273 (codified at 40 CFR 49.11(a)). 2
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\2\ In the preamble to the final TAR, EPA explained that it
believed it was inappropriate to treat tribes in the same manner as
states with respect to section 110(c) of the Act, which directs EPA
to promulgate a FIP within two years after EPA finds a state has
failed to submit a complete state plan or within two years after EPA
disapproval of a state plan. EPA promulgated 40 CFR 49.11(a) to
clarify that EPA will continue to be subject to the basic
requirement to issue any necessary or appropriate FIP provisions for
affected tribal areas within some reasonable time. See 63 FR 7264-
7265.
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It is EPA's policy to aid tribes in developing comprehensive and
effective air quality management programs by providing technical and
other assistance to them. EPA recognizes, however, that just as it
required many years to develop state and federal programs to cover
lands subject to state jurisdiction, it will also require time to
develop tribal and federal programs to cover Indian country. 59 FR
43961.
The Salt River Pima-Maricopa Indian Community has expressed an
interest in seeking authority under the TAR to regulate sources of air
pollution located on the Reservation under the Clean Air Act. EPA has
been informed by the SRPMIC that it will not be ready to apply under
the TAR for Clean Air Act permitting responsibilities before the
desired date of construction of the proposed gas-to-energy project at
the Tri-Cities landfill.
Therefore, in this FIP, EPA is exercising its discretionary
authority under section 301(a) and 301(d) of the CAA and 40 CFR
49.11(a) to promulgate such FIP provisions as are necessary or
appropriate to regulate the Tri-Cities landfill project. Given the fact
that this project will be a new source of greater than 100 tons per
year of CO emissions within the boundaries of a designated CO
nonattainment area, EPA believes that the FIP provisions are both
necessary and appropriate to protect air quality on the Reservation.
II. EPA Action
The Tri-Cities landfill is located within the Phoenix area which
EPA has designated as serious nonattainment for three pollutants: CO,
PM-10, and ozone. The proposed project involves the installation of
electricity-producing equipment at the Tri-Cities landfill. This
equipment would run on the landfill gas currently being collected and
flared at this facility. Based on the preliminary emissions data
submitted to EPA by SRP, this equipment would be considered a major
source of CO emissions, according to the definition of ``major source''
in section 302(j) of the
[[Page 65661]]
Act, since it would have a potential to emit more than 100 tons per
year of CO.
Since this project would be a major source of CO emissions located
within an area designated by EPA as serious nonattainment for CO, EPA
believes that it is appropriate to apply the requirements of section
173 of the Act. Thus, in order to obtain a nonattainment New Source
Review (NSR) preconstruction permit, this project will be required to
meet the requirements found at the end of this notice with respect to
CO emissions. These requirements include: the use of emissions controls
which constitute the Lowest Achievable Emissions Rate (LAER), the
requirement to obtain emissions reductions to offset the potential
emissions of CO, preparation of an alternative siting analysis, and
demonstration that all other sources under the same ownership or
operation on the Reservation are in compliance with all requirements
under the Clean Air Act.
All requirements included in this rulemaking have been taken
directly from existing EPA permit regulations or from the Clean Air
Act. In addition to the requirements of section 173 of the Act listed
above, this FIP incorporates requirements from 40 CFR 51.165, which
have been adapted to reflect that this source is located in Indian
country. This FIP also incorporates by reference the public
participation requirements of 40 CFR part 124, which are the
regulations implemented by EPA when issuing permits for major sources
of air pollution under the Prevention of Significant Deterioration
(PSD) program. Therefore, this FIP does not establish any new
requirements for the review of new or modified major sources located in
nonattainment areas, except insofar as it gives EPA the authority to
permit a major source in a nonattainment area that is in Indian
country.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial action and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal for this FIP should adverse comments be
filed. This rule will be effective January 24, 2000 without further
notice unless the Agency receives adverse comments by December 23,
1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting on this rule should do so at this time. If no such
comments are received, the public is advised that this rule is
effective on January 24, 2000 and no further action will be taken on
the proposed rule.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866, entitled ``Regulatory
Planning and Review.''
B. Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 601 et. seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small not-for-profit
enterprises, and government entities with jurisdiction over populations
of less than 50,000. The federal implementation plan for the Tri-Cities
landfill promulgated today does not impose any new requirements on
small entities. See Mid-Tex Electric Cooperative, Inc. v. FERC, 773
F.2d 327 (D.C. Cir. 1985) (agency's certification need only consider
the rule's impact on entities subject to the requirements of the rule).
Therefore, pursuant to 5 U.S.C. 605(b), EPA certifies that today's
action does not have a significant impact on a substantial number of
small entities within the meaning of those terms for RFA purposes.
C. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995, Public Law
04-4, establishes requirements for federal agencies to assess the
effects of their regulatory actions on state, local, and tribal
governments and the private sector. Under section 202 of UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed rules and for final rules for which EPA
published a notice of proposed rulemaking, if those rules contain
``federal mandates'' that may result in the expenditure by state,
local, and tribal governments, in the aggregate, or by the private
sector, of $100 million or more in any one year. If section 202
requires a written statement, section 205 of UMRA generally requires
EPA to identify and consider a reasonable number of regulatory
alternatives. Under section 205, EPA must adopt the least costly, most
cost-effective, or least burdensome alternative that achieves the
objectives of the rule, unless the Administrator publishes with the
final rule an explanation why EPA did not adopt that alternative. The
provisions of section 205 do not apply when they are inconsistent with
applicable law. Section 204 of UMRA requires EPA to develop a process
to allow elected officers of state, local, and tribal governments (or
their designated, authorized employees), to provide meaningful and
timely input in the development of EPA regulatory proposals containing
significant Federal intergovernmental mandates.
EPA has determined that this FIP contains no federal mandates on
state, local or tribal governments, because it will not impose any
enforceable duties on any of these entities. EPA further has determined
that this FIP is not likely to result in the expenditure of $100
million or more by the private sector in any one year. Although the FIP
would impose enforceable duties on an entity in the private sector, the
costs are expected to be minimal. Consequently, sections 202, 204, and
205 of UMRA do not apply to this FIP.
Before EPA establishes any regulatory requirements that might
significantly or uniquely affect small governments, it must have
developed under section 203 of UMRA a small government agency plan. The
plan must provide for notifying potentially affected small governments,
enabling officials of affected small governments to have meaningful and
timely input in the development of EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
EPA has determined that the FIP will not significantly or uniquely
affect small governments, because it imposes no requirements on small
governments. Therefore, the requirements of section 203 do not apply to
this FIP. Nonetheless, EPA worked closely with representatives of the
Tribe in the development of today's action.
D. Paperwork Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., OMB must
approve all ``collections of information'' by EPA. The Act defines
``collection of information'' as a requirement for ``answers to * * *
identical reporting or recordkeeping requirements imposed on ten or
more persons * * *'' 44 U.S.C. 3502(3)(A). Because the FIP only applies
[[Page 65662]]
to one company, the Paperwork Reduction Act does not apply.
E. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This executive order applies to any rule that: (1) is determined to
be ``economically significant'' as that term is defined in Executive
Order 12866, and (2) concerns an environmental health or safety risk
that EPA has reason to believe may have a disproportionate effect on
children. If the regulatory action meets both criteria, the Agency must
evaluate the environmental health or safety effects of the planned rule
on children, and explain why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This FIP is not subject to
Executive Order 13045 because it implements previously promulgated
health or safety-based federal standards.
F. Executive Order 12875: Enhancing the Intergovernmental Partnership
Under Executive Order 12875, EPA may not issue a regulation that is
not required by statute and that creates a mandate upon a state, local
or tribal government, unless the Federal government provides the funds
necessary to pay the direct compliance costs incurred by those
governments, or EPA consults with those governments. If EPA complies by
consulting, Executive Order 12875 requires EPA to provide to the Office
of Management and Budget a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, any written communications
from the governments, and EPA's position supporting the need to issue
the regulation. In addition, Executive Order 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of state, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
As stated above, the FIP will not create a mandate on state, local
or tribal governments because it will not impose any enforceable duties
on these entities. Accordingly, the requirements of section 1(a) of
Executive Order 12875 do not apply to this rule. Nonetheless, EPA
worked closely with representatives of the Tribe during the development
of today's action.
G. Executive Order 13084: Consultation and Coordination With Indian
Tribal Governments
Under Executive Order 13084, EPA may not issue a regulation that is
not required by statute, that significantly or uniquely affects the
communities of Indian tribal governments, and that imposes substantial
direct compliance costs on those communities, unless the federal
government provides the funds necessary to pay the direct compliance
costs incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, in a
separately identified section of the preamble to the rule, a
description of the extent of EPA's prior consultation with
representatives of affected tribal governments, a summary of the nature
of their concerns, and a statement supporting the need to issue the
regulation. In addition, Executive Order 13084 requires EPA to develop
an effective process permitting elected and other representatives of
Indian tribal governments ``to provide meaningful and timely input in
the development of regulatory policies on matters that significantly or
uniquely affect their communities.''
The FIP does not impose substantial direct compliance costs on the
communities of Indian tribal governments. The FIP imposes obligations
only on the owner or operator of the project. Accordingly, the
requirements of section 3(b) of Executive Order 13084 do not apply to
this rule.
As discussed above, EPA worked closely with representatives of the
Tribe during the development of today's action.
H. National Technology Transfer and Advancement Act
Section 12 of the National Technology Transfer and Advancement Act
(NTTAA) of 1995 requires Federal agencies to evaluate existing
technical standards when developing a new regulation. To comply with
NTTAA, EPA must consider and use ``voluntary consensus standards''
(VCS) if available and applicable when developing programs and policies
unless doing so would be inconsistent with applicable law or otherwise
impractical.
The EPA believes that VCS are inapplicable to this action. Today's
action does not require the public to perform activities conducive to
the use of VCS.
I. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
J. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by January 24, 2000. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
K. Executive Order 13132
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999) requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.'' Under
Executive Order 13132, EPA may not issue a regulation that has
federalism implications, that imposes substantial direct compliance
costs, and that is not required by statute, unless the Federal
government provides the funds necessary to pay the direct compliance
costs incurred by State and local governments, or EPA consults with
State and local officials early in the
[[Page 65663]]
process of developing the proposed regulation. EPA also may not issue a
regulation that has federalism implications and that preempts State law
unless the Agency consults with State and local officials early in the
process of developing the proposed regulation.
If EPA complies by consulting, Executive Order 13132 requires EPA
to provide to the Office of Management and Budget (OMB) in a separately
identified section of the preamble to the rule, a federalism summary
impact statement (FSIS). The FSIS must include a description of the
extent of EPA's prior consultation with State and local officials, a
summary of the nature of their concerns and the agency's position
supporting the need to issue the regulation, and a statement of the
extent to which the concerns of State and local officials have been
met. Also, when EPA transmits a draft final rule with federalism
implications to OMB for review pursuant to Executive Order 12866, EPA
must include a certification from the agency's Federalism Official
stating that EPA has met the requirements of Executive Order 13132 in a
meaningful and timely manner.
This final rule will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
List of Subjects
40 CFR Part 49
Environmental protection, Air pollution control, Carbon monoxide,
Indians, New source review, Reporting and recordkeeping requirements.
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Indians, New source review, Reporting and recordkeeping requirements.
Dated: November 16, 1999.
Carol M. Browner,
Administrator.
Title 40, Chapter I of the Code of Federal Regulations is hereby
amended as follows:
PART 49--TRIBAL CLEAN AIR ACT AUTHORITY
1. The authority citation for part 49 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
2. Part 49 is hereby amended by adding Sec. 49.22 to read as
follows:
Sec. 49.22 Federal Implementation Plan for Tri-Cities landfill, Salt
River Pima-Maricopa Indian Community.
(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 means all of the
pollutant-emitting activities which belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties,
and are under the control of the same person (or persons under common
control) except the activities of any vessel. Pollutant-emitting
activities shall be considered as part of the same industrial grouping
if they belong to the same Major Group (i.e., which have the same two-
digit code) as described in the Standard Industrial Classification
Manual, 1972, as amended by the 1977 Supplement (U.S. Government
Printing Office stock numbers 4101-0065 and 003-005-00176-0,
respectively).
Commence as applied to construction of a major stationary source or
major modification means that the owner or operator has all necessary
preconstruction approvals or permits and either has: (1) Begun, or
caused to begin, a continuous program of actual on-site construction of
the source, to be completed within a reasonable time; or
(2) Entered into binding agreements or contractual obligations,
which cannot be cancelled or modified without substantial loss to the
owner or operator, to undertake a program of actual construction of the
source to be completed within a reasonable time.
Construction means any physical change or change in the method of
operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) which would result in a change in
actual emissions.
EPA means United States Environmental Protection Agency, Region 9.
Fugitive emissions means those emissions which could not reasonably
pass through a stack, chimney, vent, or other functionally equivalent
opening.
Lowest achievable emission rate means the more stringent rate of
emissions based on the following:
(1) The most stringent emissions limitation which is contained in
any State, Tribal, or federal implementation plan for such class or
category of stationary source, unless the owner or operator of the
project demonstrates that such limitations are not achievable; or
(2) The most stringent emissions limitation which is achieved in
practice by such class or category of stationary sources. This
limitation, when applied to a modification, means the lowest achievable
emissions rate for the new or modified emissions units within a
stationary source. In no event shall the application of the term permit
a proposed new or modified stationary source to emit any pollutant in
excess of the amount allowable under an applicable new source standard
of performance.
Major stationary source means a stationary source of air pollutants
which emits, or has the potential to emit, 100 tons per year or more of
any pollutant
[[Page 65664]]
subject to regulation under the Act. The fugitive emissions of a
stationary source shall not be included in determining for any of the
purposes of this project whether it is a major stationary source.
Potential to emit means the maximum capacity of a stationary source
to emit a pollutant under its physical and operational design. Any
physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment and
restrictions on hours of operation or on the type or amount of material
combusted, stored, or processed, shall be treated as part of its design
only if the limitation or the effect it would have on emissions is
federally enforceable. Secondary emissions do not count in determining
the potential to emit of a stationary source.
Project means the construction of electricity-generating engines
owned and operated by the Salt River Project at the Tri-Cities
landfill, which are fueled by collected landfill gas.
Secondary emissions means emissions which would occur as a result
of the construction or operation of a major stationary source, but do
not come from the major stationary source itself. For the purpose of
this section, secondary emissions must be specific, well defined,
quantifiable, and impact the same general area as the stationary source
which causes the secondary emissions. Secondary emissions include
emissions from any offsite support facility which would not be
constructed or increase its emissions except as a result of the
construction of operation of the major stationary source. Secondary
emissions do not include any emissions which come directly from a
mobile source such as emissions from the tailpipe of a motor vehicle,
from a train, or from a vessel.
Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant subject to
regulation under the Clean Air Act.
(c) Requirement to submit an application. The owner or operator of
the project shall submit an application for a permit to construct to
EPA which contains all information necessary to perform any analysis or
make any determination as required by this Federal Implementation Plan.
(d) Source obligations. (1) The owner or operator of the project
shall not begin actual construction on the project without obtaining a
nonattainment New Source Review permit regulating emissions of air
pollutants. The EPA Region 9 Regional Administrator has the authority
to issue such a permit. Any permit issued by EPA shall ensure that the
project meets the following requirements:
(i) By the time the project is to commence operation, the owner or
operator of the project must have obtained sufficient reductions in
actual emissions from existing facilities within the same nonattainment
area which satisfy the requirements of section 173 of the Clean Air
Act, to offset the potential to emit of the project;
(ii) The owner or operator of the project must comply with the
lowest achievable emissions rate;
(iii) The owner or operator of the project must demonstrate that
all major stationary sources owned or operated by such person (or by
any entity controlling, controlled by, or under common control with
such person) located on the reservation of the SRPMIC are subject to
emission limitations and are in compliance, or on a schedule for
compliance, with all applicable emission limitations and standards
under the Act; and
(iv) The owner or operator of the project has provided an analysis
of alternative sites, sizes, production processes, and environmental
control techniques for the proposed source which demonstrates that
benefits of the proposed source significantly outweigh the
environmental and social costs imposed as a result of its location or
construction.
(2) If the owner or operator constructs or operates the project not
in accordance with the application submitted pursuant to this section
or with the terms of any approval to construct, or if the owner or
operator subject to this section commences construction after January
24 , 2000 without applying for and receiving approval under this
section, then the owner or operator shall be subject to appropriate
enforcement action.
(3) Approval to construct shall become invalid if construction is
not commenced within 18 months after receipt of such approval, if
construction is discontinued for a period of 18 months or more, or if
construction is not completed within a reasonable time. The
Administrator may extend the 18-month period upon a satisfactory
showing that an extension is justified.
(4) Approval to construct shall not relieve any owner or operator
of the responsibility to comply fully with applicable provisions of the
Federal implementation plan and any other requirements under Tribal or
Federal law.
(e) Public participation. (1) When issuing a permit for the
project, the EPA Region 9 Regional Administrator shall follow the
procedures for decision making for PSD permits contained in 40 CFR part
124, including the requirements for public notice, consideration of and
response to public comment, and the opportunity for public hearing.
(2) Within 30 days after the EPA Region 9 Regional Administrator
has issued a final permit decision, any person who filed comments on
the draft permit or participated in the public hearing, if one has been
held, may petition the Environmental Appeals Board to review any
condition of the permit. Review of the permit decision will be governed
by the regulations for review of PSD permits contained in 40 CFR part
124.
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart D--Arizona
2. Subpart D is hereby amended by adding Sec. 52.142 to read as
follows:
Sec. 52.142 Federal Implementation Plan for Tri-Cities landfill, Salt
River Pima-Maricopa Indian Community.
The Federal Implementation Plan regulating emissions from an Energy
Project at the Tri-Cities landfill located on the Salt River Pima-
Maricopa Indian Community near Phoenix, Arizona is codified at 40 CFR
49.22.
[FR Doc. 99-30401 Filed 11-22-99; 8:45 am]
BILLING CODE 6560-50-P
