50514 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

Dated: September 12, 1997.

Michelle D. Jordan,

Acting Regional Administrator.

Part 52, 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 X—Michigan

§ 52.1174 [Amended]

2. Section 52.1174 is amended by

adding paragraph (p) to read as follows:

* * * * *

(p) Approval—On November 22, 1995

the Michigan Department of Natural

Resources submitted a petition for

exemption from transportation

conformity requirements for the

Muskegon ozone nonattainment area.

This approval exempts the Muskegon

ozone nonattainment area from

transportation conformity requirements

under section 182(b)(1) of the Clean Air

Act. If a violation of the ozone standard

occurs in the Muskegon County ozone

nonattainment area, the exemption shall

no longer apply.

[FR Doc. 97–25501 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[NM–31–1–7310a; FRL–5893–6]

Approval and Promulgation of Air

Quality Implementation Plans, New

Mexico; Recodification of, and

Revisions to, the Air Quality Control

Regulations

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: In this action, the EPA is

approving the recodification of, and

revisions to, the New Mexico State

Implementation Plan (SIP). The existing

Air Quality Control Regulations

(AQCRs) have been renumbered and

reformatted into the New Mexico

Administrative Code (NMAC) as

required by the New Mexico State

Records Center. In addition to having

renumbered and reformatted the

regulations, standard administrative

changes have been made throughout all

AQCRs, and revisions made to seven

particular AQCRs. The intended effects

of these revisions are to delete obsolete,

nonessential, redundant, and

technically inadequate regulations;

make certain rules and definitions more

explicit and; make one particular

regulation more closely reflect current

New Mexico Environment Department

(NMED) policy.

DATES: This action is effective on

November 25, 1997, unless adverse or

critical comments are received by

October 27, 1997. If the effective date is

delayed, a timely notice will be

published in the Federal Register.

ADDRESSES: Written comments on this

action should be addressed to Mr.

Thomas Diggs, Chief, Air Planning

Section (6PD–L), at the EPA Region 6

Office listed below.

Copies of the documents relevant to

this action are available for public

inspection during normal business

hours at the following locations.

Anyone wanting to examine these

documents should make an

appointment with the appropriate office

at least two working days in advance.

Environmental Protection Agency,

Region 6, Air Planning Section (6PD–

L), Multimedia Planning and

Permitting Division, 1445 Ross

Avenue, Suite 700, Dallas, Texas

75202–2733.

New Mexico Environment Department,

Air Quality Bureau, 1190 St. Francis

Drive, room So. 2100, Santa Fe, New

Mexico 87503.

Documents which are incorporated by

reference are available for public

inspection at the Air and Radiation

Docket and Information Center,

Environmental Protection Agency, 401

M Street, SW., Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT:

Eaton R. Weiler, of the EPA Region 6 Air

Planning Section at the above address,

telephone (214) 665–2174.

SUPPLEMENTARY INFORMATION:

I. Background

On January 8, 1996, the Governor of

New Mexico formally submitted a

recodification of, and revision to, the

State Implementation Plan. On July 18,

1996, the Governor formally submitted

a revision to the recodified regulation 20

NMAC 2.72. The January submittal

recodification and revisions were

adopted by the New Mexico

Environmental Improvement Board

(NMEIB) at hearings in July, September,

October and December 1995. The

August submittal revision to 20 NMAC

2.72 was adopted by the NMEIB at a

hearing on June 14, 1996. The

recodification was prompted by the

New Mexico State Records Center

requirement that all AQCRs be

recodified into the new numbering

system and format of the NMAC. As

well as renumbering and reformatting

regulations, standard administrative

changes have been made throughout all

AQCRs, and revisions made to seven

particular AQCRs. The intended effects

of these revisions are to comply with the

requirements of the New Mexico State

Records Center as well as to: delete

obsolete, non-essential, redundant, and

technically inadequate regulations;

make certain rules and definitions more

explicit and; make one particular

regulation more closely reflect current

NMED policy.

The revisions fall into three groups as

outlined below. The first group consists

of renumbering and format revisions

consistent with the NMAC

requirements. The second group

consists of standard administrative

wording changes that have been made

throughout all regulations in which they

appear. The third group consists of

other minor revisions, each of which are

discussed separately below.

II. NMAC Format Revisions

The NMAC system is divided into

Titles, Chapters, Parts and Sections.

Title 20, Environmental Protection,

includes all rules and regulations

providing for the protection of the

environment. Chapter Two of Title 20,

Air Quality, contains the revised and

recodified AQCRs of the NMED. Chapter

Two is divided into Parts, which are

further divided into Sections. The

resulting NMAC for air quality is of the

format: 20 NMAC 2.xxx.yyy, where xxx

is the Part number and yyy is the

Section number.

The following administrative sections

have been added to each Part as

required by the State Records Center:

100 ISSUING AGENCY

101 SCOPE

102 STATUTORY AUTHORITY

103 DURATION

104 EFFECTIVE DATE

105 OBJECTIVE

106 AMENDMENTS AND SUPERSESSION

OF PRIOR REGULATIONS

107 DEFINITIONS

Section 108, DOCUMENTS, has been

added to all Parts citing documents

other than the NMAC, such as 40 Code

of Federal Regulations (CFR). Also,

RESERVED has been added to all

nonexistent sections between subparts.

III. Standard Administrative Revisions

In addition, the following

administrative changes have been made

to all rules and regulations in which

they appear:

1. ‘‘division’’ to ‘‘Division’’

2. ‘‘director’’ to ‘‘Secretary’’
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50515

3. ‘‘department’’ to ‘‘Department’’

4. ‘‘secretary’’ to ‘‘Secretary’’

5. ‘‘federal Clean Air Act’’ to ‘‘Federal

Act’’

6. ‘‘federal Act’’ to ‘‘Federal Act’’

7. ‘‘Federal environmental protection

agency’’ to ‘‘US EPA’’

8. ‘‘EPA’’ to ‘‘US EPA’’

9. ‘‘this regulation’’ to ‘‘this Part’’

10. ‘‘section n’’ to ‘‘Section n’’

11. ‘‘Part’’ added to definitions section

of all Parts

12. ‘‘Air Quality Control Unit of the

Department’’ to ‘‘Air Pollution

Control Bureau of the Department’’

13. Internal references have been

changed to reflect the NMAC

numbering system.

14. Effective date added to all

subsections.

15. Regulations have been rewritten so

as to be positive: ‘‘no person owning

or operating * * * shall’’, has been

changed to ‘‘the owner or operator

* * * shall not.’’

16. Obsolete language, outdated

compliance schedules and outdated

effective dates have been deleted.

IV. Other Revisions

A. Non-Methane Hydrocarbon

The non-methane hydrocarbon

(NMHC) ambient air quality standard,

AQCR 201(C)(7), has been deleted. The

rule has been found to be technically

inadequate, 48 FR 628. The intended

effect of this revocation is to eliminate

unnecessary regulations pertaining to

ambient air quality.

A NMHC National Ambient Air

Quality Standard (NAAQS) was

promulgated on April 30, 1971. The

standard is unique among the primary

NAAQS because it was expressly

developed as a guide and not as a

health-based standard. When this

standard was promulgated in 36 FR

8186, EPA stated that ‘‘The sole purpose

of prescribing a hydrocarbon standard is

to control oxidants.’’ The standard was

promulgated because it represented

EPA’s best judgement at the time of the

maximum level of NMHCs which would

ensure the attainment of the NAAQS for

photochemical oxidants. The EPA has

since determined that there is no single,

universally applicable relationship

between NMHCs and photochemical

oxidants and that NMHCs, as a class,

apparently do not produce any health or

welfare effects at or near ambient levels.

On January 5, 1983, the NAAQS was

revoked in 48 FR 628.

Considering that NMHCs do generate

photochemical oxidants, they have

continued to be regulated. Precursors to

photochemical oxidants today are

commonly called Volatile Organic

Compounds (VOC). This is a much

broader term than NMHCs. The VOCs

are regulated under the Federal ozone

regulations. Major sources must limit or

control VOC output, especially in ozone

nonattainment areas. Also, automobiles

located in nonattainment areas undergo

inspection and maintenance programs.

Such programs are part of the SIP to

control ozone pollution. So, despite the

deletion of the Federal and state NMHC

standards, many programs exist to

regulate the emissions of this type of

compound to meet the NAAQS for

ozone.

B. Beryllium, Asbestos and Heavy

Metals

The ambient air quality standards for

beryllium, asbestos and heavy metals,

20 NMAC 2.3.109(B), formerly AQCR

201(B), have been deleted. These

pollutants have been superseded by

other state and Federal regulations. The

intended effect of these revocations is to

eliminate unnecessary and redundant

regulations pertaining to ambient air

quality.

1. Federal National Emission

Standards for beryllium are included in

40 CFR part 61, subparts C and D.

Through 20 NMAC 2.78, Emission

Standards for Hazardous Air Pollutants,

New Mexico has the authority to

implement and enforce Federal

standards for beryllium. Subpart C is

general, and subpart D is specific for

beryllium rocket motor firing. Sources

subject to subpart C are: extraction

plants, ceramic plants, foundries,

incinerators, and propellant plants and

machine shops which process

beryllium.

Beryllium emission is also regulated

by 20 NMAC 2.74, Prevention of

Significant Deterioration. Major sources

which have emission rates which are

greater than a certain threshold or any

emission rate which would result in an

air concentration greater than a certain

threshold shall apply Best Available

Control Technology (BACT), provide for

air quality monitoring of beryllium, and

perform ambient air quality impact

analyses.

2. Asbestos emissions are regulated

under 40 CFR part 61 subpart M,

National Emission Standards for

Asbestos, in which strict requirements

are laid out for the emissions,

processing and handling of asbestos for

many sources. Through 20 NMAC 2.78,

Emission Standards for Hazardous Air

Pollutants, New Mexico has the

authority to implement and enforce

Federal standards for asbestos.

Asbestos emissions are also controlled

under the state regulation 20 NMAC

2.74, Prevention of Significant

Deterioration. Major sources which have

emission rates which are greater than a

certain threshold shall apply BACT,

provide for air quality monitoring of

asbestos, and perform ambient air

quality impact analyses.

3. Heavy Metals. Heavy metal

emissions are regulated under

permitting rules. The air toxics portion

of 20 NMAC 2.72, Permits, includes

emission rate thresholds and

Occupational Exposure Limit (OEL)

thresholds on a number of heavy metals.

These metals are barium, cadmium,

chromium, cobalt, copper, hafnium,

indium, manganese, molybdenum,

nickel, platinum, rhodium, silver,

tantalum, tellurium, thallium, tin,

tungsten, uranium, vanadium, yttrium,

and zirconium. If emission rates are

greater than the emission rate threshold,

or modeling shows that the eight-hour

average ambient concentration of the

toxic air pollutant exceeds one-one

hundredth of the OEL, the permit

application shall include a health

assessment for the toxic air pollutant

under consideration.

Lead and mercury are also controlled

under the state regulation 20 NMAC

2.74, Prevention of Significant

Deterioration, which establishes

emission rate and air quality

concentration thresholds. If these

thresholds are exceeded, the major

source shall apply BACT, provide for air

quality monitoring, and perform

ambient air quality impact analyses.

C. Photochemical Oxidants

The ambient air quality standard for

photochemical oxidants, 20 NMAC

2.3.111.C, formerly AQCR 201.B, has

been deleted. This deletion takes into

account the revision of the national

standard.

The EPA promulgated ambient air

quality standards for photochemical

oxidants in 1971 (36 FR 8186). In

accordance with the provisions of

sections 108 and 109 of the Clean Air

Act (the Act) as amended, EPA reviewed

and revised the standard on February 8,

1978 (44 FR 8202). The revisions

include: (1) raising the primary and

secondary standard from 0.08 to 0.12

parts per million and (2) changing the

chemical designation of the standard

from photochemical oxidants to ozone.

Oxidants are strongly oxidizing

compounds, which are the primary

constituents of photochemical smog.

The oxidant found in largest amounts is

ozone, a very reactive form of oxygen.

Oxidants also include the group of

compounds referred to collectively as

peroxyacylnitrates and other

compounds, all produced in much

smaller quantities than ozone.
50516 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

Most of these materials are not

emitted directly into the atmosphere but

result primarily from a series of

chemical reactions between oxidant

precursors (nitrogen oxides and organic

compounds) in the presence of sunlight.

The principal sources of organic

compounds are the hydrocarbon

emissions from automobile and truck

exhausts, gasoline vapors, paint solvent

evaporation, open burning, dry cleaning

fluids, chemical plants and other

industrial operations. Nitrogen oxides

are emitted primarily from combustion

sources such as electric power

generation units, gas and oil-fired space

heaters, and automobile, diesel and jet

engines.

The reduction in emissions of

nitrogen oxides and organic compounds

are achieved through Federal and State

programs that have been formalized in

regulations promulgated under the Act.

The deletion does not interfere with

any applicable requirement concerning

attainment and reasonable further

progress, or any other applicable

requirement of the Act.

D. Soiling Index

Soiling Index of Ambient Air Quality

Standards, 20 NMAC 2.3.112, has been

deleted. This revision takes into account

the availability of improved methods.

The State is revising the plan consistent

with the applicable requirements.

E. Smoke and Visible Emissions

Smoke and Visible Emissions, 20

NMAC 2.61, establishes controls on

smoke and visible emissions for certain

sources. The Part is revised by the

addition of Section 111(D) which

provides an exclusion ‘‘for sources

subject to the provisions of 20 NMAC

2.70, emissions which result from

insignificant activities as defined 20

NMAC 2.70.’’ The proposed change

intends to allow sources covered by Part

70 to use the definition of insignificant

activities in Part 70 to determine

compliance. This addition will not

interfere with any applicable

requirement concerning attainment and

reasonable further progress or any other

applicable requirements of the Act.

F. Schedules of Compliance

Schedules of Compliance, AQCR 705,

has been repealed. Regulation 705 was

incorporated into the SIP, and codified

at 40 CFR 52.1620(c)(9). The regulation

created provisions for sources to come

into compliance with subsequent State

or Federal air control laws under

extended schedules. Since most current

statutes have their own compliance

schedules, this would only be used in

cases where a source required a variance

to come into compliance. Repeal of this

provision would oblige sources seeking

a schedule of compliance to adhere to

40 CFR 51.262. This revision does not

weaken the New Mexico SIP in any

discernable way.

G. Air Quality Maintenance Areas

Air Quality Maintenance Areas,

AQCR 706, has been repealed.

Regulation 706 is the state

implementation of 40 CFR 51.40 subpart

D, which was repealed in the regulatory

reform action taken by the EPA. The

regulation 40 CFR 51.40 was determined

to have become legally obsolete upon

passage of the 1990 Act Amendments.

Similarly, Regulation 706,

implementing a Federal requirement, is

obsolete.

H. Confidential Information Protection

Confidential Information Protection,

20 NMAC 1.115, (formerly AQCR 110)

has been rewritten to more closely

reflect NMED policy and the New

Mexico Air Quality Control Act. The

revision is consistent with the

requirements applicable to

implementation plans under 40 CFR

51.116, Data Availability.

Section 115 lays out procedures for

handling requests for confidentiality

and the conditions which must be

satisfied to keep information concerning

air contaminant sources confidential.

Concerning availability of data,

Section 115 paragraph (B) states that

Section 115 shall not be construed to

prohibit disclosure of records and

information: to representatives of the

NMED, to representatives of the EPA, in

any proceeding under the Air Quality

Control Act or the Act, of data

concerning nature and amount of

emissions from any source, or limit the

use of such records or information in

any civil or criminal action.

Furthermore, 20 NMAC 72, Permits,

Section 210 states that the NMED shall

make available for public inspection the

permit application and the NMED’s

preliminary determination.

I. Procedures for Requesting a Variance

Hearing

Procedures for Requesting a Variance

Hearing, AQCR 701, paragraph (C), has

been rewritten and paragraphs (D)

through (I) have been deleted. This

revision is consistent with the

requirements applicable to

implementation plans under 40 CFR

part 51. Paragraph (C) now states that

any further action and proceeding shall

be in accordance with general

adjudicatory procedures of the

Environmental Improvement Board. All

other language that has been deleted

concerns actions and hearings of the

EIB. Since the Board hears and grants

variances and it has standard

adjudicatory procedures for hearings,

paragraphs (D) through (I) of AQCR 701

are nonessential and redundant.

J. Construction Permits

The 20 NMAC 2.72.103 has been

revised to provide a stay of enforcement

on the asphalt fumes portion of the air

toxics list until September 1, 1997. The

air toxics list is part of Subpart IV,

Permits for Toxic Air Pollutant

Emissions, which is not a part the New

Mexico SIP. The actual revision

wording, however, occurs in Section

103, Duration, which is part of the SIP.

V. Final Action

By this action, the EPA is approving

the recodification and revisions of the

New Mexico SIP. The existing AQCRs

have been renumbered and reformatted

into the NMAC as required by the New

Mexico State Records Center. As well as

renumbering and reformatting

regulations, standard administrative

changes have been made throughout all

AQCRs, and revisions made to seven

particular AQCRs. The following table

lists the submitted SIP AQCRs and the

corresponding NMAC part number.

The EPA has reviewed these

recodification and revisions to the New

Mexico SIP and is approving them as

submitted.

AQCR

No.

NMAC

part

No.

NMAC title

100 ......... 2 Definitions.

110 * ....... 1 General Provisions.

200 ......... 3 Ambient Air Quality

Standards.

201 * ....... 3 Ambient Air Quality

Standards.

301 ......... 60 Open Burning.

401 * ....... 61 Smoke and Visibility

Emissions.

402 ......... 10 Contingency-Use

Woodwaste Burners.

501 ......... 11 Asphalt Processing

Equipment.

502 ......... 12 Cement Kilns.

503 ......... 13 Gypsum Processing

Plants.

504 ......... 14 Particulate Emissions

From Coal Burning.

505 ......... 15 Pumice Mica and Perlite

Process Equipment.

506 ......... 16 Nonferrous Smelters—

Particulate Matter.

506.1 ...... 17 Existing Nonferrous

Smelters—Particulate

Matter—Additional

Requirements.

507 ......... 18 Oil Burning Equipment—Particulate

Matter.
Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations 50517

AQCR

No.

NMAC

part

No.

NMAC title

508 ......... 19 Potash, Salt or Sodium

Sulfate Processing

Equipment—Particulate Matter.

509 ......... 20 Lime Manufacturing

Plants—Particulate

Matter.

510 ......... 21 Fugitive Particulate Matter Emissions From

Nonferrous Smelters.

511 ......... 22 Fugitive Particulate Matter Emissions From

the Roads Within the

Town of Hurley.

601 ......... 30 Kraft Mills.

602 ......... 31 Coal Burning Equipment—Sulfur Dioxide.

603 ......... 32 Coal Burning Equipment—Nitrogen Dioxide.

604 ......... 33 Gas Burning Equipment—Nitrogen Dioxide.

606 ......... 34 Oil Burning Equipment—Nitrogen Dioxide.

651 ......... 40 Sulfuric Acid Production

Units—Sulfur Dioxide,

Acid Mist and Visible

Emissions.

652 ......... 41 Nonferrous Smelters—

Sulfur.

700 ......... 75 Permit Fees.

701 * ....... 1 General Provisions.

702 * ....... 72 Permits.

Part I ...... ............ Subpart I—General Provisions.

Part II ..... ............ Subpart II—Permit Processing and Requirements.

Part IV ... ............ Subpart III—Source

Class Permit

Steamlining.

703.1 ...... 73 Notice Of Intent and

Emissions Inventory

Requirements.

704 ......... 5 Source Surveillance.

705 * ....... 5 (Repealed).

706 * ....... 5 (Repealed).

709 ......... 79 Permits—Nonattainment

Areas.

710 ......... 80 Stack Heights.

801 ......... 7 Excess Emissions During Malfunction, Startup, or Scheduled

Maintenance.

901 ......... 8 To Control Emissions

Leaving New Mexico.

1001 ....... 1 General Provisions.

1101 ....... 1 General Provisions.

1201 ....... 1 General Provisions.

1301 ....... 1 General Provisions.

*Indicates the revised AQCRs.

The EPA is publishing this action

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 on November 25,

1997 unless, by October 27, 1997

adverse or critical comments are

received.

If EPA receives such comments, this

action will be withdrawn before the

effective date by publishing a

subsequent action that will withdraw

the final action. All public comments

received will be addressed in a

subsequent final rule based the

proposed rule for this action published

elsewhere in this Federal Register. The

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 November 25, 1997.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.

VI. Administrative Requirements

A. Executive Order (E.O.) 12866

The Office of Management and Budget

has exempted this regulatory action

from E.O. 12866 review.

B. Regulatory Flexibility Act

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. See 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-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

The SIP approvals under section 110

and subchapter I, part D of the 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, I

certify 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

Act, preparation of a flexibility analysis

would constitute Federal inquiry into

the economic reasonableness of State

action. The Act forbids EPA to base its

actions concerning SIPs on such

grounds. See Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995, signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated costs to State,

local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves preexisting requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, EPA

submitted a report containing this rule

and other required information to the

U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Act,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by November 25, 1997. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to
50518 Federal Register / Vol. 62, No. 187 / Friday, September 26, 1997 / Rules and Regulations

enforce its requirements. See section

307(b)(2).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone,

Particulate matter, Reporting and

recordkeeping requirements, Sulfur

oxides, Volatile organic compounds.

Dated: September 8, 1997.

Lynda F. Carroll,

Acting 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 of part 52

continues to read as follows:

Authority: 42 U.S.C. 7401–7671q.

Subpart GG—New Mexico

2. Section 52.1620 is amended by

adding paragraph (c)(66) to read as

follows:

§ 52.1620 Identification of plan.

* * * * *

(c) * * *

(66) Recodified and revised

regulations of the New Mexico

Administrative Code submitted by the

Governor on January 8, and July 18,

1996.

(i) Incorporation by reference.

(A) New Mexico Administrative Code,

Title 20, Chapter 2, Parts 1 and 2,

adopted by the New Mexico

Environmental Improvement Board

September 22, 1995, and filed with the

State Records and Archives Center on

September 27, 1995.

(B) New Mexico Administrative Code,

Title 20, Chapter 2, Parts 3, 5, 7, 8, 10,

11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,

22, 30, 31, 32, 33, 34, 40, 41, 60, 61, 70,

71, 72 (Subparts I, II and, III; Subpart V,

Sections 501 and 502), 73, 75, 79, and

80; adopted by the New Mexico

Environmental Improvement Board on

October 20, 1995, and filed with the

State Records and Archives Center on

October 30, 1995.

(C) Revised New Mexico

Administrative Code, Title 20, Chapter

2, Part 3, Sections 109 and 111 and; Part

61, Section 111 and; repeal of Part 3,

Section 112, adopted by the New

Mexico Environmental Improvement

Board December 8, 1995, and filed with

the State Records and Archives Center

on December 11, 1995.

(D) New Mexico State Records Center

transmittals repealing Air Quality

Control Regulations 705 and 706;

adopted by the New Mexico

Environmental Improvement Board

December 8, 1995; and filed with the

State Records and Archives Center on

December 11, 1995.

(E) Revised New Mexico

Administrative Code, Title 20, Chapter

2, Part 72, Section 103; adopted by the

New Mexico Environmental

Improvement Board on June, 18, 1996,

and filed with the State Records and

Archives Center on June 19, 1996.

(ii) Additional material. None.

[FR Doc. 97–25502 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECITON

AGENCY

40 CFR Part 300

[FRL–5897–7]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the

Northwest Transformer South Harkness

Street site from the National Priorities

List.

SUMMARY: The Environmental Protection

Agency (EPA), Region 10, announces

the deletion of the Northwest

Transformer South Harkness Street Site,

located in Everson, Whatcom County,

Washington from the National Priorities

List (NPL). The NPL constitutes

Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Washington

Department of Ecology have determined

that no further cleanup under CERCLA

is appropriate and that the selected

remedy has been protective of human

health and the environment.

EFFECTIVE DATE: September 26, 1997.

FOR FURTHER INFORMATION CONTACT:

Timothy H. Brincefield, U.S. EPA

Region 10, 1200 Sixth Avenue, Mail

Stop ECL–111, Seattle, Washington

98101, (206) 553–2100.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is: Northwest

Transformer (South Harkness Street),

Everson, Washington.

A notice of intent to delete for this

site was published on August 15, 1997

(62 FR 43684). The closing date for

comments was September 14, 1997. EPA

received no comments.

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-financed remedial

actions. Any site deleted from the NPL

remains eligible for Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action. Section 300.425 of the NCP

states that Fund-financed actions may

be taken at sites deleted from the NPL.

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

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: September 17, 1997.

Randall F. Smith,

Acting Regional Administrator, Region 10.

For the reasons set out in the

preamble, 40 CFR Part 300 is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.

9601–9657; 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 site for

‘‘Northwest Transformer (South

Harkness St), Everson, Washington.’’

[FR Doc. 97–25339 Filed 9–25–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–120; FCC 97–276]

Grandfathered Short-Spaced FM

Stations

AGENCY: Federal Communications

Commission.

ACTION: Final rule.