-
Federal Register / Vol. 61. No. 147 / Tuesday. July 30. 1996 /
Rules and Regulations 39597
under the ('lean Air Act. preparation ofu flexibility analysis
would constituteFederal inquiry into the economicreust)uubleness of
stale action. The('lean Air Act forbids I:.PA to base itsactions
concerning SIPs on suchgrounds, lznion Elec'trit" Co. \'. I/.S.
EPA.427 [I.S. 246. 255-66 (19761:42 II.S.C.741 (hat(2 I.
l.lndcr Section 202 of the [lnfilndedMandates Relk)rm Act of
1905("Unfunded Mandutes Act"l. signedinto law on March 22. 1995.
EPA mustprepare u budgetary impact statetnent toaccompany any
proposed or final rulethai inch, des a Federal Inandatc thatmay
result in estimated costs to State.local, or tribal governments in
theaggregate: or to the pri\'ale sector, of$100 million or more.
llnder section205. I-PA must select the most cost-effective and
least burdensomealternative that achieves the objectivesof the rule
and is consistent withstatutory requirements. Section 21)3requires
1-PA Io establish a phm forinforming and advising any
smallgovern,nenls that may be significantlyor uniquely impacted by
the rule.
I".t'A has determined that the approvalaction promulgated does
nut include al:ederal mandale that inay result inestimated costs of
S 100 m illio,a t)r moreto either State. local, or
tribalgovernments in the aggregate, or to theprivate sector. This
Federal actionapt'•rovcs pre-existing requirementsunder State or
local law. and imposesno new Federal requirements.Accordingly. no
additional costs toSlate. local, or tribal governments, or tothe
private sector, result from thisaction.
llnder section 8OIta)(1)(AloftheAdministrative Procedures Act
(APA) asamended by the Small BusinessRegulatory I';nforcemenl
Fairness Act of1996. EPA submitted a report containingthis rule and
other required informationto the tl.S. Senate. the U.S. llouse
ofRepresentatives and the ('onwtrollerGeneral of the General
Accounting()ffice prior to publication of the rule intoday's
Federal Register. This rule isnot •.1 "'major ru le'" as defined by
section804(2) of the APA as amended.
This uction has been classified as uTable 3 .',ction R)r
signature by theRegional Admiqistrator under theprocedures
published in the FederalRegister on January 19. 1989 (54
FR2214-2225). us revised b)' a July 10.1995 memorandum from Mary
Nichols.Assistant Administrator for Air andRadiation. The Office of
Managementand Budget •OMB) has exempted thisregulatory action from
l i.(). 12866review.
tinder section 307(b)(I),fthe ('leanAir Act. petitions
lbr.judicial review ofthi,; act(tin must be filed in the
IJnitedSlates Court of Appeals I'or theappropriate circuit by
September 30.1996. Filing a petilit}n forreconsideration bv the Adm
in istrator ofthis final rule does not affect the finalityof this
rule for the purposes ,if judicialreview nor does it extend the
timewithin which a petition for judicialreview may be filed, and
shall notpostpone tile effectiveness of such ruleor action. This
action may not bechallenged late," in proceedings toenforce its
requirements. (See section307(b)•2 Lt
lJsl of Subjects in 40 ('FR Part 52
I.nvirolHnental protection. Airpollution control. ('arbon
monoxide.llydrocarbous. Inct,rporutitm byreference.
Intergoverumental relatit,ns.Nitrogen dioxide. Ozone.
Particulatemutter. Reporting and rcct,rdkeepingrequ irements. Su
lfur oxides.
Dated: June 26. 1906.St',nle) I. I.askowski.A vting Region,l A
dm inistnttor. R•'gion IlL
40 ('FR part 52 is amended as follows:
PART 52•AMENDED]
I. The atlthority citation for part 52continues to read as
follows:
Authority:42 I'.S.C. 7401 7671q.
Subpart NN•Pennsylvania
2. Section 52.2020 is amended byadding paragraph (c)(l I I ) to
read asfi)llows:
§ 52.2020 Identification of plan.
(c)***
(I 11 ) Revisions to the OperatingPermit and Plan Approval
RegulationstO add Subchuptcr It. "'(;choral PlanApprovals and
Operating Permits".submitted on May 18. 1995 by thePennsylvania
l)epartment ofl:,nvirunmental Resources:
(i) Incorporation by reference.(A) I,etter of May 15. 1995 from
the
Pennsylvania, Department ofEnvironmental Resources
transmittingPennsylvania's general plan approvaland general
operating permit programs.
(,B) The l't, lh, wing atnend,ne,lts toTitle 25. ('hapter 127.
effective o,tNt,vcmber 26. 1994: § 127.601. 127.611.127.612.
127.t'•21. and 127.(,22.
(ii) Additional material.(A) Remainder of Pennsylvania's May
18. 1995 sub,nittal.3. Section 52.2061 is amended by
adding paragraph (b}to read :is follows:
§ 52.2061 Operating permits.
(h) I;mission limitations and relatedprovisions which arc
established inPennsylvania general operating permitsas federally
enforceable conditions shallbe ent\)rceable by I!PA. EPA reserves
theright to deem general permit conditionsnot federally
enforceable. Such adetermination will be made according
tt,appropriate procedures, attd be basedupon the general permit,
general permitapproval procedures, or general permitrequirements
which do not co,lformwith the general operating permitprogrunl requ
irenlents or therequ irelnents of EPA's u
nderlyingregul:,tions.
4. Section 52.20(•2 is amended byadding paragraph (b} to read as
tbllows:
§ 52.2062 Plan approvals.
(b) F.ntission limitations and relatedprovisions •,hich arc
established inPennsylvania general plan approvals asfederally
enforceable conditions shall beenft,rceable by EPA. l iPA reserves
theright to deem general plan approvalconditions not federally
enh}rceable.Such a determination will be madeaccording to
appropriate procedures.and be based upon the general planapproval,
the relevant approvalprocedures, or plan requirements whichdo not
conform with the general planapproval program requirements or
therequirements of t-PA's underlyingregulations.
IFRI)t,c.•;6 19204 Filed 7 20 9():g:45amlBILLING CODE
65¢•-50-P
40 CFR Parts 52 and 70[PA065-4025; AD-FRL-5535-3]
Clean Air Act Final Full Approval OfOperating Permits Program;
FinalApproval of Operating Permit and PlanApproval Programs Under
Section112(I); Final Approval of StateImplementation Plan Revision
for theIssuance of Federally EnforceableState Plan Approvals and
OperatingPermits Under Section 110;Commonwealth of Pennsylvania
AGENCY: ]m viron nten tal Proteetit,nAgency (I!PA).ACTION: Final
lt, ll approval of Title VOperating Permit Program and
finalapproval ol" State Operating Permit andPlan Approval
Programs.
SUMMARY: The I-PA is promu lgatin g fu 11approval of the
Operating t'ermitsl'rograln submitted by the('ommonwealth of
Pennsylvania for thepurl•t•,ce ol'complying with Federal
-
39598 Federal Register / Vol. 61. No. 147 / Tuesday, July 30.
1996 / Rules and Regttlations
requirements for an approvable Stateprogram to issue operating
permits to allmajor stationary sources, and to certaint)ther
sources. EPA is also granting finalapproval to Pennsylvania's
OperatingPermit and Plan Approval Programspursuant to Section 1 If)
of the ('lean AirAct (the "'Act") for the purpose ofcreating.
Federally enforceable operatingpermit and plan approval conditions
ff•rsources of criteria air pollutants. Inorder to extend the
federalenforceability of State operating permits:rod plan approvals
to includehazardous air pollutants (llAPs), EPA isalso approving
Pennsylvania's planapproval and operating permits
programregulations pursuant to Section 112 ofthe Act. Today's
action also approvesPennsylvania's mechanism for receivingstraight
delegation tffSection 112standards.EFFECTIVE DATE: At] gu st 29.
1990.ADDRESSES: Copies of the State'ssubmittal and other
supportinginformation used in developing thisfinal full af,proval
are available forpublic inspection during normalbusiness hours at
the Air. Radiation,uttd Toxics Division. U.S.Environmental
Protection Agency.Region Ill. 841 Chestnut Building.Philadelphia.
Pennsylvania 19107: theAir and Radiation I)ocket andInft)rmation
Center. II.S. linvirtmmentalProtection Agency. 401 M Street.
SW.Washington. IX" 20460: Pennsylvanial)cpartment of
EnvironmentalProtection. Bureau of Air Quality.Rachel ('arson Slate
()ltiee Building, 400Market Street, P.(). Box 8468.Ilarrisburg,
Pennsylvania 17105-8468.FOR FURTHER INFORMATION CONTACT:Michael [].
Markowski. 3AI"LL U.S.Environmental Protection Agency.Region 3. 841
Chestnt, t Building.Philadelphia. Pennsylvania, 19107.(215)
566-2063.
SUPPLEMENTARY INFORMATION:
l. Background and Purpose
A. lntlvductionTitle V of the 1990 ("lean Air Act
Amendments (sections 501-507 of the('lean Air Act). and
implementingregulations at 40 ('ode of FederalRegulations (CFR)
Part 70 require thatStates develop and submit operatingpermits
programs to I•.PA by November15. 1993. and that I•PA act to
approveor disapprove each program within 1year after receiving the
submittal. TheliPA's program review occurs pursuantto section 502
of the Act and the parl70 regulations, which together
outlinecriteria for approval or disapproval.Where a program
substantially, but not
fully, meets the requirements •)l Part 70.I-';PA may grant the
program interimapproval for a period of up to 2 years.If EPA has
0.ot fully approved :l programby 2 years alter the November 15.
1993date. or by the end of an interimprogram, it must establish
andimplement a Federal prt•gram.
()n March 7. 1996. I-PA proposed fullapproval of the operaling
permitsprogram for the Commonwealth ofPennsylvania. See 61 FR
9125-9132.EPA did not receive any publiccomments on the proposal,
and in thisdocument is taking final action topromulgate full
approval of the( ;ore mon wet Ith's program.
As part of this action. I'I'A is alsotaking final action to
approvePennsylvania's plan approval (i.e.,construction permit) and
operatingpermit programs pursuant to Section110 of the Act. ()n
June 28. 1989 (54 FR27274b EPA published criteria forapproving and
incorporating into theState hnplementation Plan (SIP)regulatory
programs for the issuance offederally enforceable state
operatingperlnits. Perntits issued pursuant to anoperating perm it
program meeting thesecriteria and approved into the SIP
areconsidered federally enforceable. FPAhas encouraged States Io
considerdeveloping such programs inconjunction with Title V
operatingpermit programs tk)r the purpose ofcreating federally
enforceable limits ona source's potential to emit. Thismechanism
enables sources to reducetheir potential Io emit of
criteriapollutants to below the Title Vapplicability thresholds and
avoid beingsubject to Title V. (See the guidancedocument entitled.
"'l,imitation ofPotential to I-mit with Respect to TitleV
Applicability Thresholds." datedSeptem her 18. 1992. fro m .Ioh n (
'alcagn i.Director of EPA's Air QualityManagement I)ivision).
Also as part of this action. IiPA istaking final action It)
approvePennsylvania's plan approval (i.e..construction permit) and
operatingpermit programs pursuant to Section112(1)of the Clean Air
Act for thepurpose of allowing the ('ommonwealthto issue plan
approvals and operatingperm its w h ich lira it sou rce's
potentialto emit hazardous air pollutants (HAPs).Seclion 112(1) of
the (_'lean Air Actprovides the underlying authority forcontrolling
emissions t,f llAPs."l'hercfore. in order It) extend
federalenforceability of the ('otnmonweahh'soperating permit and
plan approvalprograms to include llAPs. H'A is todayapproving
Pennsylvania's plan approvaland opcraling perm it program
submittals pursuant to Section 112(I) ofthe Act.
I!. Final Action and Implications
A. A nalysis o.[ State Subm i.•,ion
The Secretary of the l)epartment of]'nvironmental Resources. as
thedesignee of the Governor of theCommonweahh of
Pennsylvania.submitted aq administratively completetitle V
()perating Permit Program for the('ommtmwealth of Pennsylvania on
May18, 1995. [he Pennsylvania program.including the operating
permitregulations (25 Pa. ('ode Chapter 127.Subchapter (L "'Title V
OperatingPermits") fully meets the requirementsof 40 CFR parts
7(I.2 and 70.3 withrespect to applicability: parts 70.4, 70.5,and
70.0 with respect to permit contentincluding operational
flexibility: part70.5 with respect to completeapplication forms and
criteria whichdefine insignificant activities: part 70.7with
respect to public participation andminor permit modifications: and
part70.11 with respect to requirements fi)renlorcemcnt
authority.
Section 127.531 ofSubchapter Gcontains the acid rain provisions
of theCommonwealth "s Title V operatingpermits program. IiPA is
aware thatPennsylvania has not directlyincorporated by reference
liPA's Title IVregulations lbund at 40 ('I:R Part 72. andhas not
adopted EPA's model rule.However. as referenced in EPA's March7.
1990 Federal Register noticeproposing full approval ofPenn
sylvania's program (,61 FR 9125).several regu latory provisions
requ irethat Peuns.vlvania's Title V program beoperated in
accordance with therequirements of Title IV and itsimplementing
regulations. Section127.531(a) provides that the acid
rainprovisions of that section "'shall beinterpreted in a manner
consistent withthe ('lean Air Act and the regulationsthereunder."
Section 127.531(blrequires that alTectcd sources submit apermit
application and compliance plan"'that meets the requirements of* *
*the (7lean Air Act and the regulationsthereunder." Further. the §
121.1definition of"applicable requirements"for Title V sources
includes standards orother requ irements "'of the acid rainprogram
under Title IV of the ('lean AirAct * * * or the
regulationsthereunder."
For additional assurance thatPennsylvania's operating
permitprogram will operate in compliancewith applicable acid rain
requirements,EPA notes that the Conlmonwealth hasagreed It) accept
delegation of theapplicable provisions of 40 (•.F.R. Parts
-
Federal Register / Vol. 61. No. 147 / Tttesday, July 30. 1096 /
Rules and Regulations 39599
70. 72. and 78 for the pt, rpos¢ ,,fim plementin g the Title IV
requ iremen tsof its operating permit program. ThePennsylvania
l)cpartment ofEnvironmental Protection (PADI•P) shallapply these
provisions l'tw purposes ofincorpt,rating Acid Ruin programrequ
iremnen Is in to each aflecled sou rce'st,perating permit:
identifying designatedrepresentatives: establish ins perm
itapplication deadlines: issuing, denying.inodil'ying, reopening,
and renewingpermits: establishing compliance plans:processing
permit appeals: and issuingwritten exemptions under 4(1C.F.R.
72.7and 72.8. This commitment is containedin an hnplcmentation
Agreement whichhas been negotiated between I:•PA andPAI)I!P.
As part of the May 18. 1995 submittal.PADEP submitted to EPA for
review andapproval a revision to its StateImplementation Plan (SIP
tdesigned tocreate federally enl•wceable limits on asource's
potential to emit. The revb;ionconsists t•l' regulations
establishing aSlate operating perm it program attd aplan approval
(i.e.. construction permit)program, codified in Subchaplers F andB.
respectively, of the ('ommonwealth'sair quality regulations.
Pennsylvvniarefers it) constructit)n permits us "'planapprovals."
As explained more fully inEPA's March 7. 1996 Notice t)f
ProposedRulemaking. 61 FR 9125. and in theTechnical Support
l),,)cumnent whichaccompanied that proposed rulemaking.the SIP
revision submitted byPennsylvania generally strengthens theSIP by
establishing a comprehensiveoperating permit -rod plan
approvalprogram designed to limit source'spotential to emit of both
criteria andhazardous air pollutants. As explainedin the March 7.
1996 Notice. EPA'sreview of this revision to the
federallyenforceable l"ennsylvania SIP indicatesthat the operating
permit and planapproval programs both rneet applicablefederal
criteria for approval.Specifically. EI'A's review of the
Stateoperating permit program submitted byPennsylvania indicates
that the programmeets the five criteria for approval setlorth in
the June 28. 1989 FederalRegister document (54 FR 27282) andthe
statutory criteria flu" approval underSection 11211)t5)ofthe Act.
Please referto EPA's Marcia 7. 1996 Federal RegisterNotice for
further information.
EI'A's review of the l'ennsylvaniaplan approval program
indicales thatthis program also meets applicablefederal criteria
for approval.Specifically. EPA has d¢ierm ined th atthe
Pennsylvania plata approval programmeets the statutory criteria lbr
approvalunder Section ll2(IR5)ot'lhe Act. Asexplained in FPA's
March 7. 1996
Notice. a State operating permit or phmapproval ti.e.,
construction permit)issued pursuant to a program which hasbeen
approved by liPA and incorporatedinto the SIlL and which ineets the
June28. 1989 Federal Register document and('lean Air Act Section
112(1)criteria. :iredeemed federally enforceable and maybe used to
limit the potential to emit ofboth criteria and hazardous
airpollutants tllAPs). This will. in ,nanycases, allow a source to
\'ohlntarily litnitits potential to emit of air polh, tants
andavoid being su bjecl to otherw iseapplicable major source
requirements ofthe Act. including Title V operatingpcrmit
requirements. Accordingly, EPAis today approving and
incorporatinginto the SIP Pennsylvania's operatingpermit and plan
approval programregulutions pursuant to Sections 1 I(1and 112 of
the Act.
()n January 31. 1996. PAl)liPproposed for public review
andcomment a draft "'VoluntaryI•nvironmental ('t•mpliance
AuditPolicy." I-PA is concerned that thispolicy may impermissibly
limitPAI)I-I•'s authority to seek civilpenalties for ccrtain
violations disclosedby a sot, roe alter a voluntary at, dit.
See('lean Air Act Sections 113(el(I ! and502(b )(5 ): 4{• CI:R
70.11 {a )1.3 ) and tc )."]'his policy has not been finalized
andimplemcnled by PAI)I!P. and thus itsfinal scope and
applicability arct, ncertain. I lowever, liPA advisedPennsylvania
by letter on June 5. 1996that if PAl)liP's final audit
policyimpermissibly limits PAI)EP's authorityto seek civil penahy
from sourcessubject to this rulemaking, then. EPAwill consider this
Io be grounds forreopening this rulemaking andreconsidering its
decision to fullyapprove the programns thai are thesubject of this
rulcmuking.
B. Re.won.se to •'Ol•llll('llIsI'PA did no! receive any comments
on
its March 7. 1990 Federal Registernotice proposing l"ull
approval of thePennsylvania Title V operating permit.State
operating permit, and planapproval programs.
C. Final A cti,m
The EPA is promulgating fullapproval of the operating
permitsprogram submitted to I-I'A by the('omnlonwealth of
Pennsylx'ania on May18. 1995. Among other things,Pennsylvania has
demonstrated that theprogram will be adequate to meet theminimum
elements of a State operatingpermits progrum as specified in 40
CFRPart 70.
In addition, the I'PA is approving thel•ennsyl\'ania Operating
Permit and I•lan
Approval programs, codified in 25 Pa.('ode Chapter 127
Subchapters F and B.respectively, pursuant to Section ll(Iofthe Act
t'tw the pnrpt•sc ol'cre:uingFederally enforceable perm it
conditionslot sources of criteria air pollutants. Inorder to extend
Pennsylvania's authorityunder Section 110 of the Act to
includeauthority to create federally entorceablelimits on the
potential it, emit ofhazardous air pollutants (IIAPs)
listedpursuant to Section 112(btofthe Act,EI'A is approving
l'ennsylvania'sOperating Permit and Plan Apprt•valprograms pursuant
to Section 112(1)t)fthe Act.
The scope of the ('onlnlonweallh'spart 70 program approved in
thisdocument applies to all Title V facilitiesI.as delined in the
approved programwithin the ('ommonwealth. except anysources of air
pollution over which anIndian Tribe has jurisdiction. See. e.g..59
FR55813.55815-18 tNo\'.9. 19941.The term "Indian Tribe" is
definedunder the Act as "'any Indian trine.band. nation, or other
organized groupor community, including any AlaskaNatix'e village,
which is Federallyrecognized as eligible for the specialprograms
and services provided by theUnited States to Indians because of
theirstatus as Indians." See section 3021r1 ofthe ('lean Air Act:
see also 59 FR 43956,43q62 (Aug. 25. 11,•94): 58 FR 54364(Oct. 21,
1993).
Requ iremen ts for approval, spec iftedin 40 ('FR 70.4•b ).
encompass section112•1)(5) requirements fi•r approval of aprogram
for delegation of section 112standards as promulgated by EPA asthey
apply to Part 70 sources. Section1121.1)(51 requires that the
State'sprogram contain adequate authorities.adequate resources for
implementation.and an expeditious complianceschedule, which are
also reqt, iremenlsunder Part 70. Therefore. the t-PA is
alsopromulgating full approval undersection 112(I)(51 and 40 ('I:R
63.91 ofthe State's program for receivingdelegation t:,l" section
112 standt, rds thatarc unchanged from t:cderal standardsas
promulgated. This program fordelegations only applies to
sourcesc,overed by the Part 70 prugram.
IlL Administrative RequiremenL,•
A. DocketCopies of the Commonwealth "s
submittal and other information reliedupon for the final full
approval arecontained in docket nuntber PA()65-41)25 maintained at
the EPA RegionalOtftce. The docket is an organized andcomplete tile
of all the inlbrmationsubmitted to. or otherwise consideredby, I!PA
in the development tffthis final
-
39600 Federal Register / Vol. 61. No. 147 / Tuesday, July 30,
109(9 / Rules and Regulations
full approval. The docket is available forpublic inspection at
the location listedunder the ADDRESSES section of thisd oc u in cn
t.
B. E•ecutive Order 12866
This action granting final flailapproval of I)enusylvania's
Title Vprogram and final approval ofPennsylvania's plan approval
and Stateoperating permit programs has beenclassified as a Table 3
action forsignature by the Regional Administratorunder the
procedures published in theFederal Register on January 19. 1989(54
I:R 2214-22251. as revised by a JulyI0. 1995 memorandum from
MaryNichols. Assistant Administrator for Airand Radiation. The
Office ofManagement and Budget tOMB)hasexempted this regulatory
action fromE.(). 12866 review.
(. Regulato O. Flexibility A t't
lhe I.PA's actions under section 502tffthe Act dr) not create
any newrequirements, but simply addresst)perating permits programs
subm ittedto satisfy the requirements of 40 ('FRPart 7(1. Because
this action does notimpose any new requirements, it doesnot have a
significant impact on asubstantial hum ber ot small entities.
D. fin fended Mandates
llnder Section 202 of the l.lnfundedMandates Reform Act of
1995t"tlnfunded Mandates Act"). signedinto law on March 22. 1995.
EPA inustprepare a budgetary impact statement toaccompany any
proposed or final rulethat includes a Federal mandate thatmay
result in estimated costs to State.local, or tribal governments in
theaggregate: or to private sector, of SlO0million or more. tinder
Section 2115.LI"A must select tile most cost-effectiveand least
burdensome alternative thatachieves the objectives of the rule
andis con sislenl w ith statu toryreqt, irements. Section 203
requires I•PAto establish a plan lbr inh,rming andadvising any
small gt)','ernments thatmay be significantly or uniquelyimpacted
by the rule.
I•,PA has determined that the approvalaction proposed/promt,
lgated does notinclude a Federal mandatethal relyresuh in estimated
costs of SlO0 millionor more IO either State. local, or
tribalgovernments in the aggregate, or to theprivate sector. This
Federal actionapproves pre-ex isting requ iremen tsunder State or
local law. and imposesno uew Federal requ irelnents.Accordingly. no
additional costs toStale. local, or tribal governments, or tothe
private sector, result from thisaction.
E. Subm i.•.iion to {'ongre.•.• and the(;eneral A ccounting
O[.'['ice
tinder section 801(a)1 )(A)oftheAdministrative l)rocedt|re Act
(APA) asamended by the Small BusinessRegulatory t-nlt)rcemenl
|:airncss Act of1996. I'PA st, bm itted a report contain insth is
ru lc and other requ ired in h)rm at ionto the 11.S. Senate. the
[I.S. House ofRepresentatives and Ihe ComptrollerGeneral of the
(;eucral AccountingOffice prior to publication of the rule
intoday's Federal Register. This rule isnot a "'major rule" as
defined by section804(2)of the APA as amended.
Nothing in this action should beconstrued as permitting or
allowing orestablishing a precedent lbr any fi•turerequest fi)r
revision to any slateimplemenlati,)n plan. Each request h)rrevision
to the state implementationplan shall be considered separately
inlight ()1 specific technical, economic.and environmental factors
and inrelation to relevant statutory andregu latory requ ire Ill
ell Is,
I Inder sectitm 307(b )( I ) t)f the ('leanAir Act. pctitit,ns
for jt|diciul review ofthis action must be filed in the
ll'nitedStates Court of Appeals h)r theappropriate circuit by
September 30.1996. Filing a petition forreconsideration by the Adm
in istrator ofthis final rule does not al'fect the finalityof this
rule lor the purposes of judicialreview nor does it extend the
timewithin which a petition for judicialreview may be filed, and
shall notpostpone the effectiveness of such ruleor action. This
action may not bechallenged later in prncecdings toenforce its
require,heats. {See section307(b 1(2 ).)
last ()f Subjects
40 CFR Part 52
|-nvirt)nmental protection. Airpollutit)n c•mtrol. ('arbon
monoxide.llydrocarbons. Incorpor:•tion byreference,
h|tergovernmental relations.Nitrt,gen dioxide. ()zone. Particu
latemauer, Reporting a,td recordkeepingrequ iremen ts. Su lfur
oxides.
40 CFR Part 70
Administrative practice andprt)cedt|re. Air pollution
control,lmvironmental protection.Intergovelnnaental relations.
()peratingpermits. Reporting and recordkeepingrequ iretnents.
l)atcd: June 2(,. 1996.
Stanle) L I.askowski...t ,'litt g Rt,gion.I ,.t dm in is t
tzttor, t'PA RegionII1.
Chapter I. title 40 ol'the (:ode ofFederal Regulations is
amended usftdlows:
PART 52--{AMENDED]
1. The authority citation for part 52continues tt, read as
l'ollt)'•,s:
Authority: 42 V.S.C. 7401. 7671q.
Subpart NN--Pennsylvania
2. Section 52.2020 is amended byadding paragraph (cKI IO) to
read asl'olk)ws:
§52.2020 Identification ot plan.
(c)* * *(.I 10) Revisions t() tile Operating
Permit. Plan Approval and Samplingand Test in g Program Regu
latio n ssubmitted on May 18. 1995 by thePennsylvania l)epartment
of]-nvirt)nmental Resources:
til Incorporation by reference.(A) I.etter of May 15. 1995 from
the
Pennsylvania l)epartment oflm\,ironmental Resources
transmittingPennsylvania's Title V t,perating permit.plan approval,
attd State operatingperm it program s.
(B) Revisions tt) the definition of"'Potential to emit" and
addition o f thefollowing definitions in Title 25,Chapter 121.
Section 121.1. effective onNovember 26. 1994: "'Air
pollution"."'Applicable requirements"."'1"'ompliance docket".
"'('ompliancereview form". "Deviation"."'l)ocumented conduct".
"'Federallyenforceable emissions cap", "'Generalplan approval".
"'General operatingpermit". "'Minor operating permitmodification".
"'Perh,rmancc standard"."'Related party". "'Renewal". "'Researchand
developmenl facility"."'Responsible official". "'Title Vfacility".
"'Title V permit", and "'Title Vregu lated air poilu tan t.'"
((') The following amendments toTitle 25. Chapter 127. effective
ouNovember 26. 1994: § 127.1. 127.3.127.11 through 127.14. 127.25.
127.32.127.35, 127.36, 127.44. 127.45, 127.47.127.49 through
127.51. 127.-101 through127.404. 127.411 through 127.414.127.421
through 127.431. 127.441Ihr•)ugh 127.450. 127.461 through127.464,
127,701 through 127.703. and127.7{17
(I)) The lollowing amendnteuts toTitle 25. Ch-lpter 139.
effective onNovember 26. 1994: § 139.4, 139.5.139.12. 139.13.
139.14. 139.32. 139.1(11throu,,h 139.104. aud 139.1(18.
-
Federal Register / Vol. 61. No. 147 / Tuesday, July 30, 1996 /
Rules and Regulations 39601
(it) Additional m:,tcrial.(A! Remainder of May 18. 1995
State
st, bmittal.3. Section 52.2(}61 is "ldded to read as
follows:
§ 52.2061 Operating permits.(a) Emission limitations and
related
provisions which are estal, lishcd inPennsylvania operating
permits asliaderally enforceable conditions shall heenforceable by
EPA. EP:\ reserves theright to deem r, erm it conditions
notfederally en forceable. Such adetermination will he made
according toappropriate procedures, aqd be I•asedupon the permit,
permit approvalprocedures, or per,n it requ ircmentswhich do not
conform with theoperating permit program requirementsor tile
requirements of t-PA's underlyingregu lations.
(h) (reserved)4. Section 52.2062 is added to read as
follows:
§ 52.20152 Plan approvals.(a) Emission limitations and
related
prt)visitms \vhich are established inPennsylvania plan approvals
asfederally cnl'orceable conditions shall beenforceable by t-PA.
EPA reserves theright It)deem plan approwd conditionsnot federally
enl'orceal'qe. Such adetermination will be made accorditlg
toappropriate procedures, and he basedupon the plan approval, the
relevantapproval procedures, or planrequire;nents which do not
conformwith the plan approval programrequirements car the
requirements ofI!PA's u nderlying regt, lations.
(b) (reserved)
PART 70.--[AMENDED]
1. The authority citation for purl 70continues to read as
follows:
Authority: 42 t'.:,;.('. 7,.101. e't •,r,q.
2. Appendix A to part 70 is amendedbv adding the entry for
Pennsylvania inalphabetical order to read as follows:Appendix A to
Part 70--Appr•)valStatus of State and l•)cal OperatingPermits
Programs
Pennsylvania(u) I:'ennsylvania I)cpartment of
Environmental Resources In,,w kno,c.'nas the Pennsylvania
l)epartment ofEnvironmenlal Prt)tectiou]: submittedon May 18. 1995:
li•ll approval elfcctiveon August 29. 19U6.
eb) (Reserved)
[FR Doc. 96 19205 Filed 7 29 96:8:45 analBILUNG COOE
6560,-50-P
DEPARTMENT OF COMMERCE
National Oceanic and AtmosphericAdministration
50 CFR Part 679
[Docket No. ; I.D. 052896A]
RIN 0648-A158
Fisheries of the Exclusive EconomicZone Off Alaska; Delay of the
PollockSeason
AGENCY: National Marine FisheriesService (NMFS). National
()ceanic andAtmospheric Administratitm (NOAA).( "oln merce.ACTION:
Final rule.
SUMMARY: NMFS is delaying fromAugust 15 to September I of
eachI'i sh trig year. tile open ing of the second(non-roe I d
irectcd fish i ng season forpollock in the Bering Sea and
AleutianIslands management area (BSAI). NMI'Sis also prohibiting
vessels fromparticipating in the directed pollockfishery for 7 days
after the September 1opening if the vessel participated in anvof
the directed ground fish fisheries inthe Gn If o f Alaska (GOA) or
in the BSAIduring any portion of the 7-day periodprior to the
Seplember 1 opening. Thisaction is necessary to allow somepollock
processor vessels and shoresideprocessing plants to more fully
realizepotential salmon processingopportunities, particularly for
late-runpink salmon. This action is intended tofurther the
objectives t)l the Fishery
o
Management Plan for the Gr(mndfishFishe,'y of the Bering Sea and
AleutianIsland Area (I:MP).EFFECTIVE DATE: Augusl 15.
1996.ADDRESSES: Copies of tile euvirtm mentalassessment/regt,
latory impact review/final regulatory flexibility analysis
(I!A/RIR/FRFA) prepared for the original1993 non-roe season dell\'
or thesupplemental EA/RIR prepared for thisaction may be obtained
from the NorthPacific Fishery Management t'ouncil.605 West 4th
Ave.. St, ite 306.Anchorage. AK 99510-2252:
telephone:907-271-2809.FOR FURTHER INFORMATION CONTACT: Ka.iaBrix.
907-58•-7228.SUPPLEMENTARY INFORMATION:
l'ishing for grou,ldl'ish lay [I.S. vesselsin the exclusive
economic zone of theBSAI is managed by NMFS according tothe FMP.
The FMP was prepared by theNorth Pacific ]:ishcry
Management('ouncil (Council)under the MagnusonFishery ('oqservalion
and ManagementAct (Magnuson Act) and is i,nplementedby regulations
that appear at 50 ('FRpart 679.
tinder regulatio,ls at§ 679.20(a)15)ti)(A). the initial
totalallowable catch (l'A(')amountsspecified for polh)ck in the
BSAIsubarcas and the Bogoshffl)istrict arcdivided into two seasonal
allowances.Subject to other regulatory provisions.the first
seasonal allowance is availahlelor directed fishing from January I
untilnootl. A.l.t.. April 15 (the roe or "'A"season ). The second
seasonal allowanceis available 1'o," directed fishing fromnoon
A.I.I.. August 15 through the endof the fishing year (the arm-roe
or "'B'"season ). NM FS an n u ally at)portion s th einitial
pollock TACs between the roeand norl-roe seas(ms after
consultationwith the ('ouncil during the annualground fish TAt'
specification processset forth at § 679.20(a).
Recent high abundance of Alaska pinksalmon, as well as poor
salmon marketconditions, ha\'e caused renewedinterest hy the sahnon
industry andground fish processors to exph,reopportunities for new
sahnon producttypes and markets. This interestprompted the ('ouncil
to recommend adelay in the opening date of the pollocknon-r•m
season frt)m Angnsl 15 It)September 1 to provide pollockprocessors
the opportunity tOparticipate in Ihe processing operationslbr
late-run pink sahnon, a propt•sedrule to implement the
('ouncil'srcctunmentlation was published in tileFederal Register
t)n .[lille 12. 1996 161FR 29726L Public comment was invitedthrough
July 8. 1996. No letters ofcomment were received. No changes tothe
proposed rule are made in the finalrule. except to incorporate
tileregulatory format into the newconsolidated regulatitms
governing thefisheries in Federal waters ofl'Alaska(50 ('t.R part
679).
This rt, le annually delays the openingof tile pollock non-roe
season untilSeptember 1 for both the inshore andthe offshore
components, w ith a fixedseason ending date of November 1 ofeach
year. Vessels participating in the'ommunity Development Quota
(('IY-Q)
directed pollock fisher)' arc exemptfrom the season ending date
restriction.This final rule also prohihits a vesselfrom
participating in the directedpollock fishery during the 7 days
afterthe September 1 open ing li.e., fromnoon A.I.I. September 1
until noon A.l.t.Septeml',er 8• if the vessel participatedin any
groundfish fishery in either theBSAI or the GOA during any portion
ofthe 7-day period prior to the opening ofthe pollock non-roe
season (i.e.. fromnoon A.l.t.. August 25 until noon.September 1.
A.I.I.I. VesselsI•arlicipaling in the directed ('IX)