13438 Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[CO–001–0056 and CO–001–0057; FRL–

6951–1]

Standards of Performance for New

Stationary Sources; Supplemental

Delegation of Authority to the State of

Colorado

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule and delegation of

authority.

SUMMARY: The purpose of this document

is to inform the public that, on

September 8, 2000, EPA updated its

delegation of authority to the State of

Colorado for implementation and

enforcement of the Federal new source

performance standards (NSPS) as in

effect on July 1, 1996 and for the NSPS

for hospital/medical/infectious waste

incinerators for which construction is

commenced after June 20, 1996 (40 CFR

60, subpart Ec, promulgated on

September 15, 1997, 62 FR 48382). EPA

granted delegation in response to

requests dated June 27, 1997 and

December 16, 1998 from the State of

Colorado. EPA is also updating the table

in 40 CFR part 60 regarding the NSPS

delegation status for EPA Region VIII

States. Last, EPA is updating the EPA

Region VIII address and the State of

Colorado’s address listed in 40 CFR part

60.

EFFECTIVE DATE: This action will be

effective April 5, 2001. The delegation

of authority to Colorado became

effective on September 8, 2000.

ADDRESSES: Copies of the documents

relative to this delegation are available

for inspection during normal business

hours at the Air and Radiation Program,

Environmental Protection Agency,

Region VIII, 999 18th Street, Suite 300,

Denver, Colorado 80202–2466. Copies of

the State documents relevant to this

delegation are available for public

inspection at the Air Pollution Control

Division, Department of Public Health

and Environment, 4300 Cherry Creek

Drive South, Denver, Colorado 80222–

1530.

FOR FURTHER INFORMATION CONTACT:

Vicki Stamper, EPA Region VIII, (303)

312–6445.

SUPPLEMENTARY INFORMATION:

I. What Is the Purpose of This

Document?

EPA provides notice that, on

September 8, 2000, we delegated

authority to the State of Colorado to

implement and enforce the NSPS of 40

CFR part 60 as in effect on July 1, 1996.

EPA also delegated authority to

Colorado to implement and enforce the

NSPS for hospital/medical/infectious

waste incinerators for which

construction is commenced after June

20, 1996 in 40 CFR part 60, subpart Ec

(as promulgated on September 15, 1997

at 62 FR 48382). In addition, EPA is

updating the table in 40 CFR 60.4

regarding the NSPS delegation status for

Region VIII States. Last, EPA is updating

the EPA Region VIII address and the

State of Colorado’s address listed in 40

CFR 60.4.

EPA considers these changes to 40

CFR 60.4 to be minor amendments.

Section 553 of the Administrative

Procedure Act, 5 U.S.C. 553(b)(3)(B),

provides that, when an agency for good

cause finds that notice and public

procedure are impracticable,

unnecessary or contrary to the public

interest, the agency may issue a rule

without providing notice and an

opportunity for public comment.

Because these regulatory changes are

minor in nature, EPA has determined

that there is good cause for making

today’s changes to 40 CFR 60.4 final

without prior proposal and opportunity

for comment. Thus, notice and public

procedure are unnecessary. EPA finds

that this constitutes good cause under 5

U.S.C. 553(b)(3)(B).

II. What Is EPA’s Authority for

Granting Delegation?

Sections 110, 111(c)(1) and 301, of the

Clean Air Act (Act), as amended,

authorize EPA to delegate authority to

implement and enforce the NSPS

standards set out in 40 CFR part 60.

III. How Was the Delegation of

Authority Granted by EPA?

On June 27, 1997 and December 16,

1998, the State of Colorado submitted

requests for delegation of authority for

the NSPS in effect as of July 1, 1996 and

for 40 CFR part 60, subpart Ec, as

promulgated on September 15, 1997 (62

FR 48382). These delegation requests

were submitted subsequent to the State

revising its adoption of the Federal

NSPS by reference in Colorado’s

Regulation No. 6. With this adoption of

the NSPS, the State adopted two new

NSPS subparts: hospital/medical/

infectious waste incinerators for which

construction is commenced after June

20, 1996 (Subpart Ec) and municipal

solid waste landfills (Subpart WWW).

EPA granted delegation of authority to

the State of Colorado to implement and

enforce the NSPS in the following letter

dated September 8, 2000:

Ref: 8P–AR

Honorable Bill Owens

Governor of Colorado, 136 State Capitol,

Denver, Colorado 80203–1792

Dear Governor Owens:

On June 27, 1997 and on December 16,

1998, Margie Perkins, Director of the

Colorado Air Pollution Control Division,

requested delegation of authority for

revisions to the New Source Performance

Standards (NSPS) in Colorado’s Regulation

No. 6. The State revised its NSPS to adopt

standards for two additional source

categories. The State also updated its

incorporation by reference of all the NSPS to

reflect the July 1, 1996 version of the Federal

regulations.

Subsequent to states adopting NSPS

regulations, EPA delegates the authority for

the implementation and enforcement of those

NSPS, so long as the State’s regulations are

equivalent to the Federal regulations. EPA

reviewed the pertinent statutes and

regulations of the State of Colorado and

determined that they provide an adequate

and effective procedure for the

implementation and enforcement of the

NSPS by the State of Colorado. Therefore,

pursuant to Section 111(c) of the Clean Air

Act (Act), as amended, and 40 CFR Part 60,

EPA hereby delegates its authority for the

implementation and enforcement of two

NSPS to the State of Colorado as follows:

(A) Responsibility for all sources located,

or to be located, in the State of Colorado

subject to the standards of performance for

new stationary sources promulgated in 40

CFR Part 60. The categories of new stationary

sources covered by this delegation are as

follows: hospital/medical/infectious waste

incinerators for which construction is

commenced after June 20, 1996 (Subpart Ec)

and municipal solid waste landfills (Subpart

WWW).

(B) Not all authorities of NSPS can be

delegated to states under Section 111(c) of

the Act, as amended. The EPA Administrator

retains authority to implement those sections

of the NSPS that require: (1) approving

equivalency determinations and alternative

test methods, (2) decision making to ensure

national consistency, and (3) EPA rulemaking

to implement. Therefore, of the NSPS of 40

CFR Part 60 being delegated in this letter, the

following sections are not delegated to the

State of Colorado:

(i) 40 CFR 60.56c(i) establishing operating

parameters when using controls other than

those listed in 40 CFR 60.56c(d) (Subpart Ec);

(ii) Alternative methods of demonstrating

compliance under 40 CFR 60.8 (Subpart Ec);

and (iii) 40 CFR 60.754(a)(5), pertaining to

municipal solid waste landfills (Subpart

WWW).

(C) As 40 CFR Part 60 is updated, Colorado

should revise its regulations accordingly and

in a timely manner.

This delegation is based upon and is a

continuation of the same conditions as those

stated in EPA’s original delegation letter of

August 27, 1975, except that condition 3,

relating to Federal facilities, was voided by

the Clean Air Act Amendments of 1977.

Please also note that EPA retains concurrent

enforcement authority as stated in condition

2. In addition, if at any time there is a

Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations 13439

conflict between a State and Federal NSPS

regulation, the Federal regulation must be

applied if it is more stringent than that of the

State, as stated in condition 10. EPA

published its August 27, 1975 delegation

letter in the notices section of the October 31,

1975 Federal Register (40 FR 50748), along

with an associated rulemaking notifying the

public that certain reports and applications

required from operators of new or modified

sources shall be submitted to the State of

Colorado (40 FR 50718). Copies of the

Federal Register are enclosed for your

convenience.

Since this delegation is effective

immediately, there is no need for the State

to notify the EPA of its acceptance. Unless

we receive written notice of objections from

you within ten days of the date on which you

receive this letter, the State of Colorado will

be deemed to accept all the terms of this

delegation. EPA will publish an information

notice in the Federal Register in the near

future to inform the public of this delegation,

in which this letter will appear in its entirety.

If you have any questions on this matter,

please contact me or have your staff contact

Richard Long, Director of our Air and

Radiation Program, at (303) 312–6005.

Sincerely yours,

William P. Yellowtail,

Regional Administrator.

Enclosures.

cc: Margie Perkins, Director, Colorado Air

Pollution Control Division.

IV. How Do I Know Which NSPS

Subparts Have Been Delegated by EPA

to the States?

We publish a table in 40 CFR 60.4 for

Region VIII States that identifies, for

each State, the NSPS subparts for which

EPA has delegated authority to

implement. In this document, we

update that table to reflect the NSPS

subparts delegated to Colorado.

V. What Are the Administrative

Requirements Associated With This

Document?

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’ and

therefore is not subject to review by the

Office of Management and Budget. This

action merely notifies the public of our

delegation to Colorado and makes minor

regulatory amendments. Thus, it

imposes no additional requirements

beyond those imposed by state law.

Accordingly, the Administrator certifies

that this rule will not have a significant

economic impact on a substantial

number of small entities under the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.). Because this rule does not

impose any additional enforceable duty

beyond that required by state law, it

does not contain any unfunded mandate

or significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Public Law 104–4). This rule also does

not have a substantial direct effect on

one or more Indian tribes, on the

relationship between the Federal

Government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

Government and Indian tribes, as

specified by Executive Order 13175 (65

FR 67249, November 9, 2000), nor will

it have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132 (64 FR 43255,

August 10, 1999), because it merely

notifies the public of our delegation to

the State to implement a Federal

standard and makes minor regulatory

changes. Thus, the rule does not alter

the relationship or the distribution of

power and responsibilities established

in the Clean Air Act. This rule also is

not subject to Executive Order 13045 (62

FR 19885, April 23, 1997), because it is

not economically significant.

In reviewing State delegation

requests, EPA’s role is to delegate

authority to implement Federal

standards, provided that the State meets

the criteria of the Clean Air Act. In this

context, in the absence of a prior

existing requirement for the State to use

voluntary consensus standards (VCS),

EPA has no authority to not grant a

delegation request for failure to use

VCS. It would thus be inconsistent with

applicable law for EPA, when it reviews

a delegation request, to use VCS in place

of a State rule that otherwise satisfies

the provisions of the Clean Air Act.

Thus, the requirements of section 12(d)

of the National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3 of Executive Order 12988 (61

FR 4729, February 7, 1996), in issuing

this rule, EPA has taken the necessary

steps to eliminate drafting errors and

ambiguity, minimize potential litigation,

and provide a clear legal standard for

affected conduct. EPA has complied

with Executive Order 12630 (53 FR

8859, March 15, 1988) by examining the

takings implications of the rule in

accordance with the ‘‘Attorney

General’s Supplemental Guidelines for

the Evaluation of Risk and Avoidance of

Unanticipated Taking’’ issued under the

executive order. This rule does not

impose an information collection

burden under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

The Congressional Review Act, 5

U.S.C. section 801 et seq., as added by

the Small Business Regulatory

Enforcement Fairness Act of 1996,

generally provides that before a rule

may take effect, the agency

promulgating the rule must submit a

rule report, which includes a copy of

the rule, to each House of the Congress

and to the Comptroller General of the

United States. EPA will submit 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 United

States prior to publication of the rule in

the Federal Register. A major rule

cannot take effect until 60 days after it

is published in the Federal Register.

This action is not a ‘‘major rule’’ as

defined by 5 U.S.C. section 804(2). This

rule will be effective April 5, 2001.

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 May 7, 2001.

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

enforce its requirements. (See section

307(b)(2).)

List of Subjects in 40 CFR Part 60

Air pollution control, Aluminum,

ammonium sulfate plants, Beverages,

Carbon monoxide, Cement industry,

Coal, Copper, Drycleaners, Electric

power plants, Fertilizers, Fluoride,

Gasoline, Glass and glass products,

Grains, Graphic arts industry,

Household appliances, Insulation,

Intergovernmental relations, Iron, Lead,

Lime, Metallic and nonmetallic mineral

processing plants, Metals, Motor

vehicles, Natural gas, Nitric acid plants,

Nitrogen dioxide, Paper and paper

products industry, Particulate matter,

Paving and roofing materials,

Petroleum, Phosphate, Plastics materials

and synthetics, Reporting and

recordkeeping requirements, Sewage

disposal, Steel, Sulfur oxides, Tires,

Urethane, Vinyl, Waste treatment and

disposal, Wool, Zinc.

Dated: February 26, 2001.

Jack W. McGraw,

Acting Regional Administrator, Region VIII.

Part 60, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

13440 Federal Register / Vol. 66, No. 44 / Tuesday, March 6, 2001 / Rules and Regulations

PART 60—AMENDED

1. The authority citation for part 60

continues to read as follows:

Authority: 42 U.S.C. 7401, 7411, 7414,

7416, and 7601 as amended by the Clean Air

Act Amendments of 1990, Pub. L. 101–549,

104 Stat. 2399 (November 15, 1990; 402, 409,

415 of the Clean Air Act as amended, 104

Stat. 2399, unless otherwise noted).

Subpart A—General Provisions

2. Section 60.4 is amended by:

a. Revising the address listed for

‘‘Region VIII’’ in paragraph (a) to read as

follows;

b. Revising the address listed ‘‘State of

Colorado’’ in paragraph (b)(G) to read as

follows; and

c. Amending the table entitled

‘‘Delegation Status of New Source

Performance Standards [(NSPS) for

Region VIII]’’ by revising the entries for

‘‘Ec—Hospital/Medical/Infectious Waste

Incinerators’’ and ‘‘WWW—Municipal

Solid Waste Landfills’’ to read as

follows:

§ 60.4 Address.

(a) * * *

Region VIII (Colorado, Montana,

North Dakota, South Dakota, Utah,

Wyoming), Assistant Regional

Administrator, Office of Enforcement,

Compliance and Environmental Justice,

999 18th Street, Suite 300, Denver, CO

80222–2466.

* * * * *

(b) * * *

(G) State of Colorado, Department of

Public Health and Environment, 4300

Cherry Creek Drive South, Denver, CO

80222–1530.

* * * * *

(c) * * *

DELEGATION STATUS OF NEW SOURCE PERFORMANCE STANDARDS

[(NSPS) for Region VIII]

Subpart CO MT–A1 ND SD–A1 UTA1 WY

*******

Ec—Hospital/Medical/Infectious Waste Incinerators ........................................................ (*) (*) (*)

*******

WWW—Municipal Solid Waste Landfills .......................................................................... (*) (*) (*) (*) (*)

(*) Indicates approval of State regulation. 1 Indicates approval of State regulation as part of the State Implementation Plan (SIP).

[FR Doc. 01–5416 Filed 3–5–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 991008273-0070-02; I.D.

022801B]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Closure

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the commercial

hook-and-line fishery for Gulf king

mackerel in the exclusive economic

zone (EEZ) in the southern Florida west

coast subzone. This closure is necessary

to protect the overfished Gulf king

mackerel resource.

DATES: The closure is effective 12:01

a.m., local time, March 2, 2001, through

June 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Mark Godcharles, telephone: 727-570-

5305, fax: 727-570-5583, e-mail:

Mark.Godcharles@noaa.gov.

SUPPLEMENTARY INFORMATION:

INFORMATION: The fishery for coastal

migratory pelagic fish (king mackerel,

Spanish mackerel, cero, cobia, little

tunny, dolphin, and, in the Gulf of

Mexico only, bluefish) is managed

under the Fishery Management Plan for

the Coastal Migratory Pelagic Resources

of the Gulf of Mexico and South

Atlantic (FMP). The FMP was prepared

by the Gulf of Mexico and South

Atlantic Fishery Management Councils

(Councils) and is implemented under

the authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) by

regulations at 50 CFR part 622.

Based on the Councils’ recommended

total allowable catch and the allocation

ratios in the FMP, on February 19, 1998

(63 FR 8353), NMFS implemented a

commercial quota of 2.34 million lb

(1.06 million kg) for the eastern zone

(Florida) of the Gulf migratory group of

king mackerel. On April 27, 2000,

NMFS divided the Florida west coast

subzone of the eastern zone into

northern and southern subzones and

established a separate quota for the

southern Florida west coast subzone of

1,082,250 lb (490,900 kg) (65 FR 16336,

March 28, 2000). That quota was further

divided into two equal quotas of

541,125 lb (245,450 kg) for vessels in

each of two groups fishing with hookand-line gear and run-around gillnets

(50 CFR 622.42(c)(1)(i)(A)(2)(i)).

Under 50 CFR 622.43(a), NMFS is

required to close any segment of the

king mackerel commercial fishery when

its quota has been reached, or is

projected to be reached, by filing a

notification at the Office of the Federal

Register. NMFS has determined that the

commercial quota of 541,125 lb (245,450

kg) for Gulf group king mackerel for

vessels using hook-and-line gear in the

southern Florida west coast subzone

was reached on March 1, 2001.

Accordingly, the commercial hook-andline fishery for king mackerel in the

southern Florida west coast subzone is

closed at 12:01 a.m., local time, March

2, 2001, through June 30, 2001, the end

of the fishing year.

The Florida west coast subzone is that

part of the eastern zone south and west

of 25°20.4′ N. lat. (a line directly east

from the Miami-Dade County, FL,

boundary). The Florida west coast

subzone is further divided into northern

and southern subzones. The southern

subzone is that part of the Florida west

coast subzone that from November 1

through March 31 extends south and

west from 25°20.4′ N. lat. to 26°19.8′ N.

lat.(a line directly west from the Lee/

Collier County, FL, boundary), i.e., the

area off Collier and Monroe Counties.

From April 1 through October 31, the

southern subzone is that part of the

Florida west coast subzone which is