### 80285 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations

paragraph (b)(23) of this section or in the Act, whichever is lower.

(iv) Major emissions unit means: ( a ) Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an
attainment area; or

( b ) Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas. For example, in accordance with the definition of major stationary source in section 182(c) of the Act, an emissions unit would be a major

emissions unit for VOC if the emissions

unit is located in a serious ozone

nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.

(v) Plantwide applicability limitation (PAL) means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter

and established source-wide in accordance with paragraphs (aa)(1) through (15) of this section.

(vi) PAL effective date generally

means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(vii) PAL effective period means the period beginning with the PAL effective date and ending 10 years later.

(viii) PAL major modification means, notwithstanding paragraphs (b)(2) and (b)(3) of this section (the definitions for major modification and net emissions increase), any physical change in or change in the method of operation of the

PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(ix) PAL permit means the major NSR permit, the minor NSR permit, or the State operating permit under a program that is approved into the State Implementation Plan, or the title V permit issued by the Administrator that establishes a PAL for a major stationary

source.

(x) PAL pollutant means the pollutant

for which a PAL is established at a major stationary source.

(xi) Significant emissions unit means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level (as defined in paragraph (b)(23) of this section or in the Act, whichever is lower) for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit as defined in paragraph (aa)(2)(iv) of this section.

(3) Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Administrator for approval:

(i) A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations, or work practices apply to each unit.

(ii) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual

emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and

malfunction.

(iii) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly

emissions and annual emissions based on a 12-month rolling total for each month as required by paragraph (aa)(13)(i) of this section.

(4) General requirements for establishing PALs.

(i) The Administrator is allowed to establish a PAL at a major stationary source, provided that at a minimum, the requirements in paragraphs (aa)(4)(i)(a) through (g) of this section are met.

( a ) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly

emissions from each emissions unit under the PAL for the previous 12

consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the

PAL effective date for each emissions

unit under the PAL is less than the PAL.

( b ) The PAL shall be established in a PAL permit that meets the public participation requirements in paragraph (aa)(5) of this section.

( c) The PAL permit shall contain all the requirements of paragraph (aa)(7) of

this section.

( d) The PAL shall include fugitive emissions, to the extent quantifiable,

from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.

( e ) Each PAL shall regulate emissions of only one pollutant.

( f

) Each PAL shall have a PAL effective period of 10 years.

( g

) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in paragraphs (aa)(12) through (14) of this section for

each emissions unit under the PAL through the PAL effective period.

(ii) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of

offsets under § 51.165(a)(3)(ii) of this chapter unless the level of the PAL is reduced by the amount of such

emissions reductions and such

reductions would be creditable in the

absence of the PAL.

(5) Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with
§§ 51.160 and 51.161 of this chapter. This includes the requirement that the Administrator provide the public with notice of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. The

Administrator must address all material comments before taking final action on the permit.

(6) Setting the 10-year actuals PAL

level. The actuals PAL level for a major stationary source shall be established as

the sum of the baseline actual emissions (as defined in paragraph (b)(48) of this section) of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under paragraph (b)(23) of this section or under the Act, whichever is lower. When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period must be

used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions

associated with units that were permanently shutdown after this 24- month period must be subtracted from

the PAL level. Emissions from units on which actual construction began after the 24-month period must be added to the PAL level in an amount equal to the potential to emit of the units. The Administrator shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future


### 80286 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations

compliance date(s) of any applicable Federal or State regulatory requirement(s) that the Administrator is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce

emissions from industrial boilers in half from baseline emissions of 60 ppm NO X to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).

(7) Contents of the PAL permit. The PAL permit must contain, at a minimum, the information in paragraphs (aa)(7)(i) through (x) of this

section.

(i) The PAL pollutant and the applicable source-wide emission limitation in tons per year.

(ii) The PAL permit effective date and the expiration date of the PAL (PAL effective period).

(iii) Specification in the PAL permit that if a major stationary source owner or operator applies to renew a PAL in accordance with paragraph (aa)(10) of

this section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by a reviewing authority.

(iv) A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.

(v) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of paragraph (aa)(9) of this section.

(vi) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly

emissions and annual emissions based on a 12-month rolling total as required by paragraph (aa)(13)(i) of this section.

(vii) A requirement that the major stationary source owner or operator

monitor all emissions units in accordance with the provisions under paragraph (aa)(12) of this section.

(viii) A requirement to retain the records required under paragraph (aa)(13) of this section on site. Such records may be retained in an electronic

format.

(ix) A requirement to submit the reports required under paragraph (aa)(14) of this section by the required

deadlines.

(x) Any other requirements that the Administrator deems necessary to implement and enforce the PAL.

(8) PAL effective period and reopening of the PAL permit. The requirements in paragraphs (aa)(8)(i) and (ii) of this section apply to actuals

PALs.

(i) PAL effective period. The Administrator shall specify a PAL effective period of 10 years.

(ii) Reopening of the PAL permit. ( a ) During the PAL effective period, the Administrator must reopen the PAL permit to:

( 1 ) Correct typographical/calculation errors made in setting the PAL or reflect

a more accurate determination of emissions used to establish the PAL;

( 2 ) Reduce the PAL if the owner or operator of the major stationary source

creates creditable emissions reductions

for use as offsets under § 51.165(a)(3)(ii) of this chapter; and

( 3 ) Revise the PAL to reflect an increase in the PAL as provided under paragraph (aa)(11) of this section.

( b ) The Administrator shall have discretion to reopen the PAL permit for the following:

( 1 ) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;

( 2 ) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the State may impose on the major stationary source under the State Implementation Plan; and

( 3 ) Reduce the PAL if the reviewing authority determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value

that has been identified for a Federal Class I area by a Federal Land Manager

and for which information is available to the general public.

( c) Except for the permit reopening in paragraph (aa)(8)(ii)( a )( 1 ) of this section for the correction of typographical/

calculation errors that do not increase the PAL level, all other reopenings shall

be carried out in accordance with the public participation requirements of paragraph (aa)(5) of this section.

(9) Expiration of a PAL. Any PAL that

is not renewed in accordance with the procedures in paragraph (aa)(10) of this section shall expire at the end of the PAL effective period, and the requirements in paragraphs (aa)(9)(i) through (v) of this section shall apply.

(i) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable

emission limitation under a revised permit established according to the procedures in paragraphs (aa)(9)(i)( a ) and ( b ) of this section.

( a ) Within the time frame specified for PAL renewals in paragraph (aa)(10)(ii) of this section, the major stationary source shall submit a proposed

allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Administrator) by distributing the PAL allowable emissions for the major stationary source among each of the

emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under paragraph (aa)(10)(v) of this section,

such distribution shall be made as if the PAL had been adjusted.

( b ) The Administrator shall decide

whether and how the PAL allowable

emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the

Administrator determines is appropriate.

(ii) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Administrator may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission

limitation.

(iii) Until the Administrator issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (aa)(9)(i)( b ) of this section, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of

the PAL emission limitation.

(iv) Any physical change or change in the method of operation at the major stationary source will be subject to major NSR requirements if such change meets the definition of major modification in paragraph (b)(2) of this

section.

(v) The major stationary source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those

emission limitations that had been established pursuant to paragraph (r)(4) of this section, but were eliminated by

the PAL in accordance with the provisions in paragraph (aa)(1)(ii)( c) of

this section.

(10) Renewal of a PAL. (i) The Administrator shall follow the procedures specified in paragraph (aa)(5) of this section in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a


### 80287 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations

written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the

Administrator.

(ii) Application deadline. A major stationary source owner or operator shall submit a timely application to the Administrator to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then

the PAL shall continue to be effective until the revised permit with the

renewed PAL is issued.

(iii) Application requirements. The application to renew a PAL permit shall contain the information required in paragraphs (aa)(10)(iii)( a ) through ( d) of

this section.

( a ) The information required in paragraphs (aa)(3)(i) through (iii) of this

section.

( b ) A proposed PAL level. ( c) The sum of the potential to emit

of all emissions units under the PAL (with supporting documentation).

( d) Any other information the owner or operator wishes the Administrator to consider in determining the appropriate level for renewing the PAL.

(iv) PAL adjustment. In determining whether and how to adjust the PAL, the Administrator shall consider the options outlined in paragraphs (aa)(10)(iv)( a ) and ( b ) of this section. However, in no case may any such adjustment fail to comply with paragraph (aa)(10)(iv)( c) of

this section.

( a ) If the emissions level calculated in accordance with paragraph (aa)(6) of this section is equal to or greater than 80 percent of the PAL level, the Administrator may renew the PAL at the same level without considering the factors set forth in paragraph (aa)(10)(iv)( b ) of this section; or

( b ) The Administrator may set the

PAL at a level that he or she determines to be more representative of the source ’ s baseline actual emissions, or that he or she determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source ’ s voluntary emissions reductions, or other factors as specifically identified by the

Administrator in his or her written

rationale. ( c) Notwithstanding paragraphs (aa)(10)(iv)(a) and (b) of this section:

( 1 ) If the potential to emit of the major stationary source is less than the PAL, the Administrator shall adjust the PAL to a level no greater than the potential to emit of the source; and

( 2 ) The Administrator shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of paragraph (aa)(11) of this section (increasing a PAL).

(v) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Administrator has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or title V permit renewal,

whichever occurs first.

(11) Increasing a PAL during the PAL effective period.

(i) The Administrator may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (aa)(11)(i)( a ) through ( d) of this section.

( a ) The owner or operator of the major stationary source shall submit a complete application to request an

increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary

source ’ s emissions to equal or exceed its

PAL.

( b ) As part of this application, the major stationary source owner or operator shall demonstrate that the sum

of the baseline actual emissions of the small emissions units, plus the sum of

the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus the sum of the

allowable emissions of the new or modified emissions unit(s) exceeds the

PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case,

the assumed control level for that emissions unit shall be equal to the

level of BACT or LAER with which that emissions unit must currently comply.

( c) The owner or operator obtains a major NSR permit for all emissions unit(s) identified in paragraph (aa)(11)(i)( a ) of this section, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.

( d) The PAL permit shall require that

the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

(ii) The Administrator shall calculate

the new PAL as the sum of the

allowable emissions for each modified or new emissions unit, plus the sum of

the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with paragraph (aa)(11)(i)( b )), plus the sum of the

baseline actual emissions of the small

emissions units.

(iii) The PAL permit shall be revised

to reflect the increased PAL level pursuant to the public notice requirements of paragraph (aa)(5) of this

section.

(12) Monitoring requirements for

PALs.

(i) General requirements. ( a ) Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit

must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

( b ) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in paragraphs (aa)(12)(ii)( a ) through ( d) of this section and must be approved by

the Administrator.

( c) Notwithstanding paragraph (aa)(12)(i)( b ) of this section, you may also employ an alternative monitoring approach that meets paragraph (aa)(12)(i)( a ) of this section if approved by the Administrator.

( d) Failure to use a monitoring system that meets the requirements of this

section renders the PAL invalid.

(ii) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring


### 80288 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations

approaches when conducted in

accordance with the minimum requirements in paragraphs (aa)(12)(iii) through (ix) of this section:

( a ) Mass balance calculations for activities using coatings or solvents;

( b ) CEMS; ( c) CPMS or PEMS; and ( d) Emission factors. (iii) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

( a ) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the
emissions unit;

( b ) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw

material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

( c) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the

Administrator determines there is sitespecific data or a site-specific monitoring program to support another content within the range.

(iv) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

( a ) CEMS must comply with applicable Performance Specifications found in 40 CFR part 60, appendix B;

and

( b ) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.

(v) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

( a ) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

( b ) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Administrator, while the emissions unit is operating.

(vi) Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

( a ) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations

in the factors ’ development;

( b ) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

( c) If technically practicable, the owner or operator of a significant

emissions unit that relies on an

emission factor to calculate PAL pollutant emissions shall conductvalidation testing to determine a sitespecific emission factor within 6 months of PAL permit issuance, unless

the Administrator determines that testing is not required.

(vii) A source owner or operator must record and report maximum potential emissions without considering

enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

(viii) Notwithstanding the requirements in paragraphs (aa)(12)(iii) through (vii) of this section, where an owner or operator of an emissions unit

cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Administrator shall, at the time of permit issuance:

( a ) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or

( b ) Determine that operation of the emissions unit during operating

conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation

of the PAL.

(ix) Re-validation. All data used toestablish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Administrator. Such testing must occur at least once every 5 years after issuance of the PAL.

(13) Recordkeeping requirements. (i) The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of paragraph (aa) of this section and of the PAL, including a determination of each

emissions unit ’ s 12-month rolling total emissions, for 5 years from the date of

such record.

(ii) The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years: ( a ) A copy of the PAL permit application and any applications for revisions to the PAL; and

( b ) Each annual certification of compliance pursuant to title V and the data relied on in certifying the compliance.

(14) Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to

the Administrator in accordance with the applicable title V operating permit program. The reports shall meet the requirements in paragraphs (aa)(14)(i) through (iii) of this section.

(i) Semi-annual report. The semiannual report shall be submitted to the Administrator within 30 days of the end of each reporting period. This report shall contain the information required in paragraphs (aa)(14)(i)( a ) through ( g )

of this section.

( a ) The identification of owner and operator and the permit number.

( b ) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (aa)(13)(i) of this section.

( c) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.

( d) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.

( e ) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective

action taken.

( f

) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the

calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by (aa)(12)(vii).

( g

) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

(ii) Deviation report. The major stationary source owner or operator shall promptly submit reports of any

deviations or exceedance of the PAL


### 80289 Federal Register / Vol. 67, No. 251 / Tuesday, December 31, 2002 / Rules and Regulations

requirements, including periods where no monitoring is available. A report submitted pursuant to § 70.6(a)(3)(iii)(B) of this chapter shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing
§ 70.6(a)(3)(iii)(B) of this chapter. The reports shall contain the following

information:

( a ) The identification of owner and operator and the permit number;

( b ) The PAL requirement that experienced the deviation or that was exceeded;

( c) Emissions resulting from the deviation or the exceedance; and ( d) A signed statement by the responsible official (as defined by the applicable title V operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

(iii) Re-validation results. The owner or operator shall submit to theAdministrator the results of any revalidation test or method within 3 months after completion of such test or

method.

(15) Transition requirements. (i) The Administrator may not issue a PAL that does not comply with the requirements in paragraphs (aa)(1) through (15) of this section after March

3, 2003. (ii) The Administrator may supersede any PAL that was established prior to March 3, 2003 with a PAL that complies with the requirements of paragraphs (aa)(1) through (15) of this section.

(bb) If any provision of this section, or the application of such provision to any person or circumstance, is held invalid,
the remainder of this section, or the application of such provision to persons

or circumstances other than those as to
which it is held invalid, shall not be affected thereby.

[FR Doc. 02

– 31899 Filed 12

– 30

– 02; 8:45 am]

BILLING CODE 6560

–50

– P