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

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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)