65660 Federal Register / Vol. 64, No. 225 /Tuesday, November 23, 1999 /Rules and Regulations

1See 59 FR 43956 (August 25, 1994).

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.

Mecklenburg, Middlesex, New Kent,

Northhampton, Northumberland, Prince

George, Richmond, Southampton,

Suffolk, Surry, Sussex, Westmoreland,

and York counties, and the cities of

Charles City, Chesapeake, Colonial

Heights, Emporia, Franklin, Hampton,

Hopewell, Portsmouth, Newport News,

Norfolk, Richmond, Virginia Beach,

Williamsburg, and Poquoson.

Applying for Waivers/Extensions

A submission to the PBGC to which

a waiver or an extension is applicable

under this notice should be marked in

bold print ‘‘HURRICANE FALL 1999,

[name of county], [name of state]’’ at the

top center.

Issued in Washington, DC, this 17th day of

November 1999.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 99–30467 Filed 11–22–99; 8:45 am]

BILLING CODE 7708–01–P

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.

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 nonreservation areas over which a tribe can

demonstrate jurisdiction under Federal

Indian law. 63 FR 7258–7259.

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

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
Federal Register / Vol. 64, No. 225 /Tuesday, November 23, 1999 /Rules and Regulations 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-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000. The

federal implementation plan for the TriCities 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
65662 Federal Register / Vol. 64, No. 225 /Tuesday, November 23, 1999 /Rules and Regulations

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 safetybased 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
Federal Register / Vol. 64, No. 225 /Tuesday, November 23, 1999 /Rules and Regulations 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 § 49.22 to read as follows:

§ 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 sourcespecific 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 pollutantemitting 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
65664 Federal Register / Vol. 64, No. 225 /Tuesday, November 23, 1999 /Rules and Regulations

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 § 52.142 to read as follows:

§ 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]

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