Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations 53245

may be significantly or uniquely

impacted by the rule.

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 pre-existing 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. Petitions for Judicial 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 December 15,

1997. Filing a petition for

reconsideration by the Regional

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 VOC RACT determinations for

six individual sources in Virginia as a

revisions to the Commonwealth’s SIP

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, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and

recordkeeping requirements.

Dated: September 26, 1997.

William T. Wisniewski,

Acting Regional Administrator, Region III.

40 CFR part 52 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 VV—Virginia

2. Section 52.2420 is amended by

adding paragraphs (c)(120 ) to read as

follows:

§ 52.2420 Identification of plan.

* * * * *

(c) * * *

(120) Revisions to the State

Implementation Plan submitted on

April 9, 1996, August 8, 16, 19, 23,

1996, and March 26, 1997 by the

Virginia Department of Environmental

Quality regarding non-CTG VOC RACT

requirements for six sources:

(i) Incorporation by reference.

(A) Letters submitted by the Virginia

Department of Environmental Quality

transmitting source-specific VOC RACT

determinations in the form of consent

agreements on the following dates: April

9, 1996, August 8, 16, 19, 23, 1996, and

March 26, 1997.

(B) Consent agreements:

(1) Philip Morris—Blended Leaf, City

of Richmond, VA, Consent Agreement

Registration No. 50080, effective on

February 27, 1996.

(2) Philip Morris—Park 500,

Chesterfield County, VA, Consent

Agreement Registration No. 50722,

effective on March 26, 1997.

(3) Philip Morris Tobacco

Manufacturing Center, City of

Richmond, VA, Consent Agreement

Registration No. 50076, effective on July

12, 1996.

(4) Virginia Power—Chesterfield

Station, Chesterfield County, VA,

Consent Agreement Registration No.

50396, effective on May 30, 1996.

(5) Hercules Incorporated—Aqualon

Division, City of Hopewell, VA, Consent

Agreement Registration No. 50363,

effective on July 12, 1996.

(6) Hopewell Regional Wastewater

Treatment Facility, City of Hopewell,

VA, Consent Agreement Registration

No. 50735, effective on May 30, 1996.

(ii) Additional material.

(A) Technical Support Documents

submitted as part of the RACT

determinations in paragraph (c)(120) (i)

of this section by the Commonwealth of

Virginia on April 9, 1996, August 8, 16,

19, 23, 1996, and March 26, 1997.

[FR Doc. 97–27124 Filed 10–10–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 60 and 61

[FRL–5904–8]

Standards of Performance for New

Stationary Sources and National

Emission Standards for Hazardous Air

Pollutants: Approval of Delegation of

Authority to New Mexico

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Delegation of authority.

SUMMARY: The EPA is approving the

delegation of authority to the State of

New Mexico to implement and enforce

the New Source Performance Standards

(NSPS) and National Emission

Standards for Hazardous Air Pollutants

(NESHAP). The provisions of full

authority apply to all of the NSPS and

NESHAP promulgated by the EPA from

February 1, 1995, through April 1, 1996.

Partial authority covers all new and

amended standards promulgated after

these dates, except as follows. The

delegation of authority, under this

document, does not apply to: The

sources located in Bernalillo County,

New Mexico; the sources located on

Indian lands as specified in the

delegation agreement and in this

document; the standards of performance

for new residential wood heaters

(subpart AAA) under 40 CFR part 60;

and NESHAP radionuclide standards

specified under 40 CFR part 61.

EFFECTIVE DATE: October 14, 1997.

ADDRESSES: The New Mexico

Environment Department’s request and

delegation agreement may be obtained

by writing to one of the following

addresses:

Mr. Thomas H. Diggs, Chief, Air

Planning Section (6PD-L),

Environmental Protection Agency,

1445 Ross Avenue, Suite 700, Dallas,

TX 75202, telephone: (214) 665–7214.

Air Quality Bureau, New Mexico

Environment Department (NMED),

Harold Runnels Building, Room So.

2100, 1190 St. Francis Drive, Santa

Fe, NM 87502, telephone: (505) 827–

0042.

FOR FURTHER INFORMATION CONTACT: Mr.

Ken Boyce, Air Planning Section (6PD–

L), Environmental Protection Agency,

1445 Ross Avenue, Suite 700, Dallas,

Texas 75202, telephone: (214) 665–

7259.

SUPPLEMENTARY INFORMATION: Section

301, in conjunction with Sections 110,

111(c)(1) and 112 (l)(1) of the Clean Air

Act (the Act) authorizes EPA to delegate

authority to implement and enforce the

standards set out in 40 CFR part 60,

New Source Performance Standards and

40 CFR part 61, National Emission

Standards for Hazardous Air Pollutants.

Authority for the NSPS and NESHAP

programs was delegated to the State of

New Mexico (except for sources located

in Bernalillo County and on Indian

lands) on March 15, 1985.

The State requested the EPA to update

the delegation of authority to the State

for the NSPS and NESHAP programs

from February 1, 1995, through April 1,

1996. The State’s request includes a

revision of Air Quality Control

Regulations (AQCR) 20 NMAC 2.77 and

20 NMAC 2.78 as adopted by the New

Mexico Environmental Improvement

Board. These revisions incorporated the

Federal NSPS and NESHAP by reference

through April 1, 1996. The effective date
53246 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations

of the Federal delegation for NSPS

under section 111 will continue to be,

as has been the case in the past, the

EPA’s letter of approval of the State’s

request for the NSPS delegation update.

The Title V Federal Register notice

(see 59 FR 59656–59660, (November 18,

1994)) outlined the State’s plans to

continue to incorporate by reference the

Federal section 112 requirements

regarding hazardous air pollutants into

the New Mexico Air Quality Control

Regulations, and stated that the NMED’s

request for approval of the part 70

program is also a request for approval of

a program for delegation of unchanged

section 112 standards. Based on

approval of NMED’s procedural

mechanism for adopting Federal section

112 standards through incorporation by

reference into the State’s Part 70

Operating Permit Program, the EPA can

continue to update the State’s

delegation of section 112 standards

along with the update of section 111

NSPS. The effective date of the

delegation for unchanged Federal

standards under section 112 is the

effective date of the State’s rule after its

adoption. In this case, the effective date

is June 19, 1996.

Since review of the pertinent New

Mexico laws, rules, and regulations

showed them to be adequate for the

implementation and enforcement of the

aforementioned category of NSPS and

NESHAP, EPA is delegating full

authority to the State for NSPS and

NESHAP standards promulgated from

February 1, 1995, through April 1, 1996,

and authority for the technical and

administrative review of new or

amended NSPS and NESHAP

promulgated by the EPA, subject to

conditions and limitations of the

original delegation agreement dated

March 15, 1985. It is important to note

that no delegation authority is granted

to the NMED for Bernalillo County and

Indian lands. Also, no authority is

delegated to the State for 40 CFR part

60, subpart AAA, Standards of

Performance for New Residential Wood

Heaters and for 40 CFR part 61 for the

radionuclide NESHAP’s. Specifically,

the subparts for which delegation is

excluded are subpart B (National

Emission Standards for Radon—222

Emissions from Underground Uranium

Mines), subpart H (National Emission

Standards for Radionuclide Emissions

from Department of Energy Facilities),

subpart I (National Emission Standards

for Radionuclide Emissions from

Facilities Licensed by the Nuclear

Regulatory Commission and Federal

Facilities not covered by subpart H),

subpart K—(National Emission

Standards for Radionuclide Emissions

from Elemental Phosphorus Plants),

subpart R (National Emission Standards

for Radon Emissions from

Phosphogypsum Stacks), and subpart W

(National Emission Standards for

Radon—222 Emissions from Licensed

Uranium Mill Tailings).

All of the information required

pursuant to the Federal NSPS and

NESHAP (40 CFR parts 60 and 61)

should be submitted by sources located

outside the boundaries of Bernalillo

County and in areas outside of Indian

lands, directly to the NMED, Harold

Runnels Building, Room So. 2100, St.

Francis Drive, Santa Fe, New Mexico

87502. Albuquerque/Bernalillo County

is excluded from this action because

this area is granted delegation authority

under AQCR 30 NSPS and 31 NESHAP

to the City of Albuquerque’s

Environmental Health Department.

Sources located on Indian lands in the

State of New Mexico should submit

required information to EPA Region 6

office at the address given in this notice.

All of the inquiries and requests

concerning implementation and

enforcement of the excluded standards

under 40 CFR part 60, subpart AAA and

40 CFR part 61, subparts B, H, I, R, and

W, in the State of New Mexico should

be directed to the EPA Region 6 Office.

The Office of Management and Budget

has exempted this information notice

from requirements of section 6 of

Executive Order 12866.

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).

List of Subjects

40 CFR Part 60

Environmental protection, Air

pollution control, Aluminum,

Ammonium sulfate plants, Cement

industry, Coal, Copper, Electric power

plants, Fossil-Fuel steam generators,

Glass and glass products, Grain, Iron,

Lead, Metals, Motor vehicles, Nitric acid

plants, Paper and paper industry,

Petroleum phosphate, Fertilizer, Sewage

disposal, Steel, Sulfuric acid plants,

Waste treatment and disposal, Zinc.

40 CFR Part 61

Air pollution control, Asbestos,

Benzene, Beryllium, Hazardous

materials, Mercury, Vinyl chloride.

Authority: This notice is issued under the

authority of sections 101, 111, 112 and 301

of the Clean Air Act, as amended (42 U.S.C.

7401, 7411, 7412 and 7601).

Dated: September 24, 1997.

Jerry Clifford,

Acting Regional Administrator.

[FR Doc. 97–27126 Filed 10–10–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5908–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan National Priorities List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of deletion of the Frit

Industries Superfund Site from the

National Priorities List (NPL).

SUMMARY: The Environmental Protection

Agency (EPA) announces the deletion of

the Frit Industries Superfund site

located in Walnut Ridge, Arkansas, from

the National Priorities List (NPL). The

NPL is 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 of 1980, as amended (CERCLA). The

EPA, in consultation with the Arkansas

Department of Pollution Control and

Ecology, has determined that all

appropiate RCRA response activities

conducted at the site to date and

scheduled in the future are enforceable

and have been and will remain

protective of the public health, welfare,

and the environment. Moreover, this

deferral to RCRA corrective action

authorities is appropriate.

EFFECTIVE DATE: October 14, 1997.

ADDRESSES: The comprehensive

information on the site is available at

the local information repositories

located at: Felix Goodson Library,

Williams Baptist College, Walnut Ridge,

Arkansas 72446. The telephone number

for the hours of operation at Felix

Goodson Library is (501) 886–6741.

Requests for comprehensive copies of

documents should be directed formally

to the Arkansas Department of Pollution

Control and Ecology, Attn: Mr. Clark

McWilliams, RCRA State Project

Manager, 8001 National Drive, Little

Rock, Arkansas 72219. Mr. McWilliams’

telephone number is (501) 682–0850 for

additional information.