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.
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations 53247

FOR FURTHER INFORMATION CONTACT:

Ernest R. Franke, Remedial Project

Manager, US EPA, Region 6, 1445 Ross

Avenue, Dallas, Texas 75202–2733,

(214) 665–8521.

SUPPLEMENTARY INFORMATION: The site to

be deleted from the NPL is the Frit

Industries Site, Walnut Ridge, Arkansas.

A Notice of Intent to Delete for this site

was published in the Federal Register

on July 25, 1997 (62 FR 40029). The

closing date for public comment was

August 25, 1997. The EPA received no

comments during the comment period.

The EPA identifies sites which appear

to present a significant risk to public

health, welfare, or the environment and

maintains the NPL as a list of the most

serious of those sites. Sites on the NPL

may be the subject of remedial response

actions financed using the Hazardous

Substance Response Trust Fund (Fund).

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(e)(3) of the NCP,

provides that in the event of a

significant release from a site deleted

from the NPL, the site shall be restored

to the NPL without application of the

Hazard Ranking System. Deletion of a

site from the NPL does not affect

responsible party liability or impede

Agency efforts to recover costs

associated with response actions.

List of Subjects in 40 CFR Part 300

Environmental protection, Hazardous

waste, Intergovernmental relations,

Superfund.

Dated: September 30, 1997.

Jerry Clifford,

Acting Regional Administrator, Region 6.

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., 351; E.O. 12580; 52 FR 2923, 3

CFR, 1987 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 for

‘‘Frit Industries, Walnut Ridge,

Arkansas’’.

[FR Doc. 97–27022 Filed 10–10–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 100697B]

Atlantic Tuna Fisheries; Recreational

Fishery Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Quota adjustment; fishery

reopening; catch limit adjustment.

SUMMARY: NMFS adjusts the Angling

category subquota for large school/small

medium Atlantic bluefin tuna (ABT)

fishery by transferring 10 mt from the

Angling category subquota for school

ABT, for a revised Angling category

subquota of 161 mt for the large school/

small medium size classes. NMFS

reopens the Angling category fishery for

large school and small medium ABT in

the northern area (New Jersey and states

north). The daily catch limit for the

reopening is two large school ABT and

one small medium ABT per vessel. This

action is being taken to ensure

reasonable fishing opportunities in the

northern area without risking

overharvest of this category.

DATES: The quota and catch limit

adjustments, and fishery reopening are

effective October 10, 1997, until 11:30

pm, October 19, 1997, or any prior date

of closure or adjustment as necessary, to

be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Chris Rogers, 301–713–2347, or Mark

Murray-Brown, 978–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285. Section

285.22 subdivides the U.S. quota

recommended by the International

Commission for the Conservation of

Atlantic Tunas among the various

domestic fishing categories.

Under the implementing regulations

at 50 CFR 285.22(f), the Assistant

Administrator for Fisheries, NOAA

(AA), has the authority to make

adjustments to quotas involving

transfers between categories after

considering certain factors. The AA is

authorized to make adjustments to

quotas involving transfers between

categories if, during a single year quota

period, it is determined, based on

landing statistics, present year catch

rates, effort, and other available

information, that any category, is not

likely to take its entire quota as

previously allocated for that year.

Given that determination, the AA may

transfer inseason any portion of the

quota of any fishing category to any

other fishing category or to the reserve

after considering the following factors:

(1) The usefulness of information

obtained from catches of the particular

category of the fishery for biological

sampling and monitoring the status of

the stock, (2) the catches of the

particular gear segment to date and the

likelihood of closure of that segment of

the fishery if no allocation is made, (3)

the projected ability of the particular

gear segment to harvest the additional

amount of Atlantic bluefin tuna before

the anticipated end of the fishing

season, and (4) the estimated amounts

by which quotas established for other

gear segments of the fishery might be

exceeded.

Angling Category Quota Adjustment

Implementing regulations for the

Atlantic tuna fisheries at § 285.22

provide for a quota of 108 mt of school

ABT and 151 mt of large school/small

medium ABT to be harvested from the

regulatory area by vessels fishing under

the Angling category quota during

calendar year 1997 (62 FR 35107, June

30, 1997). The school ABT quota is

further subdivided into 51 mt for the

waters off Delaware and states south

and 57 mt for the waters off New Jersey

and states north. The large school/small

medium ABT quota is further

subdivided into 71 mt for the waters off

Delaware and states south and 80 mt for

the waters off New Jersey and states

north.

Based on preliminary catch estimates,

NMFS closed the large school/small

medium ABT fishery for the southern

area on July 20, 1997 (62 FR 35447, July

1, 1997) and for the northern area on

October 1, 1997 (62 FR 50887,

September 29, 1997). Information

collected by NMFS from dockside and

telephone surveys through September

28, 1997, indicates that about 11 mt of

school ABT and 8 mt of large school/

small medium ABT remain of the

northern area subquotas. In order to

provide for a reasonable opportunity to

harvest the Angling category quota and

collect scientific information needed to

monitor the ABT stock, NMFS has

determined that a reopening is

warranted.

After considering the previously cited

factors for making transfers between

categories, the risk of overharvest of

school bluefin which are subject to an