8566 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

these rules into the California SIP under

provisions of the CAA regarding EPA

action on SIP submittals, SIPs for

national primary and secondary ambient

air quality standards and plan

requirements for nonattainment areas.

EFFECTIVE DATE: This action is effective

on March 17, 1995.

ADDRESSES: Copies of the rules and

EPA’s evaluation report for each rule are

available for public inspection at EPA’s

Region IX office during normal business

hours. Copies of the submitted rules are

available for inspection at the following

locations:

Rulemaking Section (A–5–3), Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105.

Environmental Protection Agency, Air

Docket (6102), 401 ‘‘M’’ Street, S.W.,

Washington, D.C. 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 ‘‘L’’ Street,

Sacramento, CA 95814.

Kern County Air Pollution Control

District, 2700 ‘‘M’’ Street, Suite 290,

Bakersfield, CA 93301.

Monterey Bay Unified Air Pollution

Control District, 24580 Silvercloud

Court, Monterey, CA 93940.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section, Air and

Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA

94105, Telephone: (415) 744–1200.

SUPPLEMENTARY INFORMATION:

Background

On October 20, 1994 in 59 FR 52947,

EPA proposed to approve the following

rules into the California SIP: KCAPCD

Rule 410.3, Organic Solvent Degreasing

Operations, and Rule 412, Gasoline

Transfer into Stationary Storage

Containers, Delivery Vessels, and Bulk

Plants. Both Rule 410.3 and Rule 412

were adopted by the KCAPCD on May

6, 1991 and were submitted by the

California Air Resources Board (CARB)

to EPA on May 30, 1991. The following

rules from the MBUAPCD were

proposed for approval on October 21,

1994 in 59 FR 53128: Rule 417, Storage

of Organic Liquids, Rule 418, Transfer

of Gasoline into Stationary Storage

Containers, and Rule 427, Steam Drive

Crude Oil Production Wells. These rules

were adopted by the MBUAPCD on

August 25, 1993, and were submitted by

the CARB to EPA on November 18,

1993. A detailed discussion of the

background for each of the above rules

and nonattainment areas is provided in

the Notices of Proposed Rulemaking

(NPRMs) cited above.

EPA has evaluated all of the above

rules for consistency with the

requirements of the CAA and EPA

regulations and EPA interpretation of

these requirements as expressed in the

various EPA policy guidance documents

referenced in the NPRMs cited above.

EPA has found that the rules meet the

applicable EPA requirements. A

detailed discussion of the rule

provisions and evaluations has been

provided in 59 FR 52947 and 59 FR

53128, and in technical support

documents (TSDs) available at EPA’s

Region IX office.

Response to Public Comments

A 30-day public comment period was

provided in 59 FR 52947 and 59 FR

53128. EPA did not receive any

comments in response to these NPRMs.

EPA Action

EPA is finalizing action to approve

the above rules for inclusion into the

California SIP. EPA is approving the

submittal under section 110(k)(3) as

meeting the requirements of section

110(a) and Part D of the CAA. This

approval action will incorporate these

rules into the Federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of VOCs in

accordance with the requirements of the

CAA.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Regulatory Process

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compounds.

Note: Incorporation by reference of the

State Implementation Plan for the State of

California was approved by the Director of

the Federal Register on July 1, 1982.

Dated: January 11, 1995.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart F—California

2. Section 52.220 is amended by

adding paragraphs (c) (185)(i)(A)(7) and

(194)(i)(F) to read as follows:

§ 52.220 Identification of plan.

* * * * *

(c) * * *

(185) * * *

(i) * * *

(A) * * *

(7) Rule 410.3 and Rule 412, adopted

on May 6, 1991.

* * * * *

(194) * * *

(i) * * *

(F) Monterey Bay Unified Air

Pollution Control District

(1) Rule 417, Rule 418, and Rule 427,

adopted on August 25, 1993.

* * * * *

[FR Doc. 95–3682 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–W

40 CFR Part 52

[PA37–1–6370a; FRL–5144–2]

Approval and Promulgation of Air

Quality Implementation Plans;

Pennsylvania; SO2: Conewango

Township, Warren County

Implementation Plan

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

implementation plan (SIP) revision

submitted by the Commonwealth of

Pennsylvania. This revision provides

for, and demonstrates, the attainment of

the national ambient air quality

standards (NAAQS) for sulfur oxides in

the Conewango Township, Warren

County nonattainment area. The

implementation plan was submitted by

Pennsylvania to satisfy the requirements

of the Clean Air Act (CAA) pertaining to

nonattainment areas. This action is

being taken under section 110 of the

Clean Air Act.

DATES: This action will become effective

April 17, 1995 unless notice is received
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8567

on or before March 17, 1995 that

adverse or critical comments will be

submitted. If the effective date is

delayed, timely notice will be published

in the Federal Register.

ADDRESSES: Comments may be mailed to

Thomas J. Maslany, Director, Air,

Radiation, and Toxics Division, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; the Air and Radiation Docket

and Information Center, U.S.

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460;

and, Pennsylvania Department of

Environmental Resources Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT:

David J. Campbell, Air & Radiation

Programs Branch (3AT11), U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107,

phone: 215 597–9781.

SUPPLEMENTARY INFORMATION: On

December 9, 1993, the Commonwealth

of Pennsylvania submitted a revision to

its State implementation plan (SIP) for

sulfur oxides, measured as sulfur

dioxide (SO2). The revision pertains to

the SO2 nonattainment area in

Conewango Township, Warren County,

Pennsylvania.

Background

The Clean Air Act, as amended in

1977, required EPA to establish the

attainment status of areas with respect

to the national ambient air quality

standards (NAAQS). On March 3, 1978

(43 FR 8962), as amended on September

12, 1978 (43 FR 40502), EPA published

the initial designations for each State in

Region III.

As part of EPA Region III’s initial

designations, Conewango Township,

Warren County, Pennsylvania was

designated as nonattainment for the

primary NAAQS for sulfur oxides,

measured as sulfur dioxide (SO2). EPA

acted on the recommendation of the

Commonwealth of Pennsylvania to

designate this area as nonattainment for

SO2. The basis of the recommendation

was air quality dispersion modeling that

predicted violations of the primary

NAAQS for SO2 in Conewango

Township.

The Clean Air Act, as amended in

1990, provided that any area designated

with respect to the NAAQS, as in effect

immediately before November 15, 1990,

shall retain that designation ‘‘by

operation of law’’ (section 107(d)(1)(C)).

Furthermore, States with existing

nonattainment areas for the primary

NAAQS for SO2 that lack fully approved

SIP’s, including part D nonattainment

area plans, must submit implementation

plans for those areas (section 191(b)).

These plans must meet the requirements

of subpart 1 of part D and must be

submitted to EPA within 18 months of

enactment of the 1990 amendments (i.e.,

by May 15, 1992.) Thus, a SIP and part

D plan were due for the Conewango

Township, Warren County,

Pennsylvania by May 15, 1992.

On June 15, 1992, Mr. Stanley L.

Laskowski, Acting Regional

Administrator, EPA Region III notified

Mr. Robert P. Casey, Governor,

Commonwealth of Pennsylvania that

Pennsylvania had failed to submit the

required SIP revision for Conewango

Township, Warren County. The letter

constituted an official finding of failure

to submit pursuant to section 179(a)(1)

of the 1990 Amendments. According to

section 179, Pennsylvania had 18

months in which to correct the

identified deficiency or face one of the

sanctions detailed under section 179(b).

Therefore, the Commonwealth had until

December 15, 1993 to submit a SIP

revision or face the imposition of

sanctions.

On December 9, 1993, the

Commonwealth of Pennsylvania

submitted a revision to its SIP for the

Conewango Township SO2

nonattainment area. The revision

provides for the attainment of the

NAAQS for SO2 by November 15, 1995,

as required by section 192(a). This

submittal was determined to be a

‘‘complete’’ submittal as discussed

below. The submittal of a complete SIP

revision satisfied the deficiency

identified under section 179(a)(1), thus

halting the sanctions process.

Summary of SIP Revision

On December 9, 1993, Mr. Arthur A.

Davis, Secretary, Pennsylvania

Department of Environmental Resources

submitted to Mr. Stanley L. Laskowski,

Acting Regional Administrator, EPA

Region III a SIP revision for the

Conewango Township nonattainment

area. The SIP revision consists primarily

of a Consent Order and Agreement

(hereinafter, the Agreement) entered

into by and between the Commonwealth

of Pennsylvania, Department of

Environmental Resources and

Pennsylvania Electric Company

(hereinafter, Penelec) on April 1, 1993.

The Agreement affects Penelec’s Warren

Generating Station, the principle source

of SO2 emissions in the nonattainment

area. The Agreement establishes interim

and final emission limits for the Warren

Generating Station. The final allowable

emission limit will protect the NAAQS

for SO2 in Conewango Township. The

emission limit is supported by a

modeling analyses and attainment

demonstration, the contents of which

are evaluated below.

Evaluation of State Submittal

The Clean Air Act requires States to

submit implementation plans that

indicate how each State intends to

attain and maintain the NAAQS. The

1977 Amendments established specific

requirements for implementation plans

in nonattainment areas in part D,

sections 171–178. With respect to SO2,

the 1990 Amendments did not change

these requirements in any significant

way and guidance in existence prior to

their enactment generally remains valid.

On April 16, 1992 (57 FR 13498), EPA

issued ‘‘General Preamble for the

Implementation of Title I of the Clean

Air Act Amendments of 1990’’

describing EPA’s preliminary views on

how it intends to interpret various

provisions of title I, primarily those

concerning revisions required for

nonattainment areas.

In order to approve the SIP revision,

all of the part D requirements must be

evaluated and they must ensure that: (1)

The revised allowable emission

limitation demonstrates attainment and

maintenance of the NAAQS for SO2 in

the nonattainment area; (2) the emission

limitation is clearly enforceable; and (3)

that all applicable procedural and

substantive requirements of 40 CFR part

51 are met. The following is an

evaluation of the part D requirements as

described in the ‘‘General Preamble’’; a

more detailed evaluation is provided in

a Technical Support Document

available upon request from the

Regional EPA office listed in the

ADDRESSES section of this document:

1. Reasonably Available Control

Technology (RACT)

Pennsylvania’s SIP revision provides

for reasonably available control

technology (RACT). The SIP revision

indicates that SO2 emissions are

controlled at the Warren Generating

Station through fuel specification. The

final allowable SO2 emission limitation

for the Warren Generating Station as

established in the Agreement is 1.0

pounds SO2 per million Btu (1.0 lb/

mmBtu) heat input or a total hourly

emission of 1280 pounds of SO2,
8568 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

whichever is less. This limit is to be met

beginning November 15, 1995. The SIP

limit is to be met beginning November

15, 1995. The SIP revision provides a

demonstration that this limit will attain

the NAAQS in the nonattainment area.

Therefore, Pennsylvania has ensured

that reasonably available control

technology, fuel specification, is

required and that the control technology

provides for achievement of the NAAQS

by the statutory attainment date, which

is November 15, 1995.

2. Reasonable Further Progress (RFP)

Pennsylvania’s SIP revision provides

for reasonable further progress (RFP).

The SIP revision provides for RFP

through interim emission limitations

established in the Agreement. The

Agreement specifies that the Warren

Generating Station shall achieve a daily

average emission rate not to exceed 3.0

pounds of SO2 per million Btu (3.0 lb/

mmBtu) heat input beginning January 1,

1993. An allowable emission rate of 2.5

lb/mmBtu is imposed on the Station

beginning November 15, 1994. These

emission limits clearly adhere to an

ambitious compliance plan which will

provide for attainment by the applicable

date.

3. Contingency Measures

Pennsylvania’s SIP revision provides

for adequate contingency measures. The

SIP revision requires the collection of

continuous emission monitoring (CEM)

data at the Warren Generating Station in

accordance with the previously

federally-approved procedures

established in 25 Pa. Code § 123.25

‘‘Monitoring Requirements for Sulfur

Compound Emissions from Combustion

Units’’ and subchapter C ‘‘Requirements

for Continuous In-Stack Monitoring for

Stationary Sources’’ (48 FR 2320). The

collection of CEM data and the ambient

air quality monitoring network currently

operating in and around the

nonattainment area provides a

comprehensive program to identify

violations of the NAAQS. The existing

Agreement may be modified, as agreed

to by both parties, to require further

reductions as deemed necessary to

achieve attainment of the NAAQS.

4. Stack Height Issues and Remand

Pennsylvania has chose to address

stack height issues upon the resolution

of the remand. The Warren Generating

Station merges the exhaust from its four

(4) boilers into one stack as part of its

original design and operation in 1948.

This constitutes dispersion credit for

sources originally designed and

constructed with merged or multiflue

stacks (40 CFR 51.100(hh)(2)(ii)(A)).

These sources had originally been

exempted under the stack height rules

but that provision was remanded to EPA

for reconsideration. Pennsylvania does

not address this issue in the SIP

revision. Therefore, it will have to revise

its rules, including any affected

emission limitations, to conform with

resolution of the remand.

5. Existing Modeling Protocols

Pennsylvania’s SIP revision is

supported by a modeling demonstration

using regulatory air dispersion models

as defined by EPA’s ‘‘Guideline on Air

Quality Models (Revised),’’ July 1986.

However, the Agreement allows for the

completion of a model evaluation and

equivalency study by Penelec. Penelec

will perform a study comparing and

evaluating the predictive results of the

MPTER/RTDM (Multiple Point Gaussian

Dispersion Algorithm with Terrain

Adjustment (MPTER) and Rough

Terrain Diffusion Model (RTDM),

respectively) and LAPPES (Large Area

Power Plant Effluent Study) models.

The protocol for this study has been

approved by Pennsylvania and EPA.

The study is currently underway. Upon

satisfactory completion of the study,

Pennsylvania has indicated that it will

revise its SIP, as appropriate, in

accordance with the results of the study.

Until such time as any future revised

SIP is approved by EPA, the limits

established by the Agreement and this

SIP revision will remain in effect.

6. Test Methods and Averaging Times

Pennsylvania’s SIP provides for the

use of continuous emissions monitoring

(CEM) as the means of compliance. The

revision stipulates an hourly emission

limit and requires the use of a

Pennsylvania-approved method for

calculating hourly emissions.

Pennsylvania’s federally approved CEM

regulations (25 Pa. Code § 123.25 and

subchapter C) define the general

requirements for CEM operation and

references the CEM guidelines in

‘‘Standards of Performance for New

Stationary Sources,’’ 40 CFR part 60 and

‘‘Minimum Source Monitoring

Requirements,’’ 40 CFR part 51

appendix P. An hourly emission limit

for the source is shorter than the time

period for the NAAQS for which the

area is nonattainment (i.e., the 24-hour

primary standard). The required limit is

also adequate to determine compliance

with the 3-hour secondary standard.

7. Emission Inventory

Pennsylvania’s SIP revision provides

an adequate actual emissions inventory

from all relevant sources of SO2 in the

nonattainment area. Pennsylvania has

provided a current, actual emissions

data and stack parameter information

for the Warren Generating Station and

various emission sources at the nearby

United Refining facility.

8. Attainment Demonstration

Pennsylvania’s SIP revision provides

an adequate attainment demonstration,

including appropriate air quality

dispersion modeling. 40 CFR 51.112

requires nonattainment plans to include

a demonstration of the adequacy of the

plan’s control strategy. The

Commonwealth’s demonstration

employs the applicable air quality

models, data bases, and other

requirements specified in appendix W

of 40 CFR part 51 (‘‘Guideline on Air

Quality Models (Revised)’’ (1986),

supplement A (1987), and supplement B

(1993) (hereinafter, the Guideline)). This

demonstration includes the following

information: model selection and

descriptions; model application and

assumptions made during application of

selected models; receptor grids;

meteorological data; ambient air

monitoring data and background

concentration; model source input; and

modeling results.

Model Descriptions—The air quality

dispersion modeling analysis performed

for this demonstration employed the

MPTER and RTDM Guideline models.

The Guideline provides a description of

the models along with guidance on their

application. MPTER is limited to

predicting concentrations at elevations

below stack height. In this analysis, the

MPTER code was altered to

accommodate the algorithm used in

Industrial Source Complex Model

(ISC2). The ISC2 algorithm was added to

address the requirements of the interim

terrain concept; the assessment of

receptors between stack height and

plume height. RTDM is employed to

calculate concentrations at receptors

whose elevations are greater than or

equal to plume height.

Model Application—MPTER and

RTDM were both applied to the

modeling domain in accordance with

the recommendations of the Guideline.

The default mode of RTDM was

employed. Likewise, the regulatory

mode of MPTER was used with the

applicable restrictions for complex

terrain.

Receptor Grids—Three sets of

receptor grids, with a total of 725

receptors were used for this

demonstration. One grid was located in

Conewango Township, the

nonattainment area. The other two grids

were located to the south and east of the

Township. These grids were developed

to adequately assess the impacts of the
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations 8569

Warren Generating Station as well as the

nearby United Refinery facility, the

other major source of SO2 in the region.

Meteorological Data—The modeling

analysis used one year of on-site and

local meteorological data. Two towers,

an 150-meter tower and a 10-meter

tower, collected wind directions and

wind speeds, stability information, and

temperature. The 150-meter tower is

located on-site at the Penelec facility.

The 10-meter tower is located in nearby,

elevated terrain and was used primarily

for determination of the stability class

and as a substitute data site. Data was

recovered at a greater than 90 percent

rate and appropriate data substitution

procedures were employed.

Background Concentration—The

study uses monitored air quality data for

determining that portion of the

background concentrations attributable

to sources other than those nearby that

are to be explicitly modeled. Seven SO2

monitoring sites in and around the

nonattainment area were available for

evaluation. The Guideline procedures

for determining background

concentrations for multiple-source areas

were used to select the most

representative monitor.

Source Inputs—The Warren

Generating Station was modeled using

an emission rate of 1.0 pounds per

million BTU, the revised allowable limit

established in the Consent Order and

Agreement. Each of the other input

parameters such as stack height, stack

temperature, etc. were included in the

demonstration. United Refining

Company’s facility was modeled using

its current allowable operating

conditions. Similar input parameters

were provided for the United Refining

facility.

Modeling Results—The results of the

modeling analysis indicate that no

exceedances of the NAAQS for SO2 are

expected in the Conewango Township

nonattainment area when the Warren

Generating Station is operating at an

emission rate of 1.0 lb/mmBTU. The

predicted high-second-high

concentrations for the 3-hour (1,300 μg/

m3), 24-hour [365 μg/m3), and annual

arithmetic mean (80 μg/m3) ambient air

quality standards are 1,038 μg/m3, 184

μg/m3, and 23.2 μg/m3 respectively.

This demonstrates that the proposed SIP

revision will be protective of the

NAAQS in the Conewango Township

nonattainment area for SO2 for each

NAAQS averaging period.

EPA’s review of this material

indicates that Pennsylvania’s SIP

revision provides for the attainment of

the NAAQS for SO2 in Conewango

Township, Warren County and satisfies

the requirements of part D of the Clean

Air Act. The revision is supported by a

modeling analysis which clearly

demonstrates the adequacy of emission

limits in providing for the attainment

and maintenance of NAAQS for SO2 in

and around the nonattainment area. The

Consent Order and Agreement between

Penelec and Pennsylvania at the center

of the SIP revision establishes

enforceable SO2 emission limits on the

Warren Generating Station. The

submittal clearly fulfills the procedural

and substantive requirements of 40 CFR

part 51. Therefore, EPA is approving the

Pennsylvania SIP revision for the

Conewango Township, Warren County

SO2 nonattainment area, which was

submitted on December 9, 1993.

EPA is approving this SIP revision

without prior proposal because the

Agency views this as a noncontroversial

amendment and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, EPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective April 17, 1995

unless, by March 17, 1995, adverse or

critical comments are received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent document that will

withdraw the final action. All public

comments received will then be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. EPA will not institute a

second comment period on this action.

Any parties interested in commenting

on this action should do so at this time.

If no such comments are received, the

public is advised that this action will be

effective on April 17, 1995.

Final Action

EPA is approving the Pennsylvania

SIP revision for the Conewango

Township, Warren County SO2

nonattainment area.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

implementation plan. Each request for

revision to the state implementation

plan shall be considered separately in

light of specific technical, economic,

and environmental factors and in

relation to relevant statutory and

regulatory requirements.

Under the Regulatory Flexibility Act,

5 U.S.C. 600 et seq., EPA must prepare

a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

impact on a substantial number of small

entities. Small entities include small

businesses, small not-for-profit

enterprises, and government entities

with jurisdiction over populations of

less than 50,000.

SIP approvals under section 110 and

subchapter I, part D of the Clean Air Act

do not create any new requirements but

simply approve requirements that the

State is already imposing. Therefore,

because the Federal SIP approval does

not impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-State relationship

under the CAA, preparation of a

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of state action. The

Clean Air Act forbids EPA to base its

actions concerning SIP’s on such

grounds. Union Electric Co. v. U.S. EPA,

427 U.S. 246, 255–66 (1976); 42 U.S.C.

7410(a)(2).

This action has been classified as a

Table 2 action for signature by the

Regional Administrator under the

procedures published in the Federal

Register on January 19, 1989 (54 FR

2214–2225), as revised by an October 4,

1993 memorandum from Michael H.

Shapiro, Acting Assistant Administrator

for Air and Radiation. The OMB has

exempted this regulatory action from

E.O. 12866 review.

Under section 307(b)(1) of the Clean

Air Act, petitions for judicial review of

this action must be filed in the United

States Court of Appeals for the

appropriate circuit by April 17, 1995.

Filing a petition for reconsideration by

the Administrator of this final rule does

not affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action to

approve a revision to Pennsylvania’s SIP

for SO2 in Conewango Township,

Warren County may not be challenged

later in proceedings to enforce its

requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Reporting and recordkeeping

requirements, Sulfur Oxides.

Dated: November 18, 1994.

Stanley L. Laskowski,

Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:
8570 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Rules and Regulations

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart NN—Pennsylvania

2. Section 52.2020 is amended by

adding paragraphs (c)(93) to read as

follows:

§ 52.2020 Identification of plan.

* * * * *

(c) * * *

(93) Revisions to the Pennsylvania

implementation plan for sulfur dioxide

(SO2) in Conewango Township, Warren

County submitted on December 9, 1993

by Pennsylvania Department of

Environmental Resources:

(i) Incorporation by reference.

(A) Letter of December 9, 1993 from

Mr. Arthur A. Davis, Secretary,

Pennsylvania Department of

Environmental Resources transmitting a

SIP revision for the Conewango

Township, Warren County SO2

nonattainment area.

(B) A Consent Order and Agreement

entered into by and between the

Commonwealth of Pennsylvania,

Department of Environmental Resources

and Pennsylvania Electric Company on

April 1, 1993 and an attainment

demonstration. The Agreement was

effective on April 1, 1993.

(ii) Additional material.

(A) Remainder of Pennsylvania’s

December 9, 1993 submittal.

[FR Doc. 95–3680 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5153–9]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Olmsted County Sanitary Landfill

Superfund Site from the National

Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Olmsted County Sanitary Landfill

site in Minnesota from the National

Priorities List (NPL). The NPL is

Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Contingency Plan (NCP),

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA), as amended. EPA and the

State of Minnesota have determined that

all appropriate Fund-financed responses

under CERCLA have been implemented

and that no further response by

responsible parties is appropriate.

Moreover, EPA and the State of

Minnesota have determined that

remedial actions conducted at the site to

date remain protective of public health,

welfare, and the environment.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Ramon Torres at (312) 886–3010

(HSRM–6J), Remedial Project Manager

or Gladys Beard at (312) 886–7253,

Associate Remedial Project Manager,

Office of Superfund, U.S. EPA—Region

V, 77 West Jackson Blvd., Chicago, IL

60604. Information on the site is

available at the local information

repository located at: Rochester Public

Library, 11 First St. SE. Rochester, MN.

Requests for comprehensive copies of

documents should be directed formally

to the Regional Docket Office. Address

for the Regional Docket Office is Jan

Pfundheller (H–7J), U.S. EPA, Region V,

77 W. Jackson Blvd., Chicago, IL 60604,

(312) 353–5821.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Olmsted

County Sanitary Landfill, Minnesota.

A Notice of Intent to Delete for this

site was published October 13, 1994 (59

FR 51933). The closing date for

comments on the Notice of Intent to

Delete was November 12, 1994. EPA

received no comments and therefore has

not prepared a Responsiveness

Summary.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

it maintains the NPL as the list of those

sites. Sites on the NPL may be the

subject of Hazardous Substance

Response Trust Fund (Fund-) financed

remedial actions. Any site deleted from

the NPL remains eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such action. Section

300.425(e)(3) of the NCP states that

Fund-financed actions may be taken at

sites deleted from the NPL in the

unlikely event that conditions at the site

warrant such action. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts.

List of Subjects in 40 CFR Part 300

Air pollution control, Chemicals,

Hazardous substances, Hazardous

waste, Intergovernmental relations,

Penalties, Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: January 19, 1995.

Michelle D. Jordan,

Acting Regional Administrator, USEPA,

Region V.

40 CFR part 300 is amended as

follows:

1. The authority citation for part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR,

1991 Comp.; p. 351; E.O. 12580, 52 FR 2923,

3 CFR, 1987 Comp.; p. 193.

Appendix B—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the Site

‘‘Olmsted County Sanitary Landfill,

Minnesota’’.

[FR Doc. 95–3605 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5154–1]

National Oil and Hazardous

Substances Contingency Plan;

National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Deletion of the Boise

Cascade/Onan Corp./Medtronics, Inc.

Site from the National Priorities List

(NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Boise Cascade/Onan Corp./

Medtronics, Inc. site in Minnesota from

the National Priorities List (NPL). The

NPL is Appendix B of 40 CFR Part 300

which is the National Oil and

Hazardous Substances Contingency Plan

(NCP), which EPA promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the State of Minnesota have

determined that all appropriate Fundfinanced responses under CERCLA have

been implemented and that no further

response by responsible parties is

appropriate. Moreover, EPA and the

State of Minnesota have determined that

remedial actions conducted at the site to

date remain protective of public health,

welfare, and the environment.

EFFECTIVE DATE: February 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Gladys Beard at (312) 886–7253,

Associate Remedial Project Manager,

Office of Superfund, U.S. EPA—Region