Source Specific Federal Implementation Plan for Tri-Cities Landfill; Salt River Pima-Maricopa Indian Community

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