[Federal Register Volume 66, Number 44 (Tuesday, March 6, 2001)]
[Rules and Regulations]
[Pages 13438-13440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5416]
[[Page 13438]]
=======================================================================
-----------------------------------------------------------------------
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
[[Page 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:
[[Page 13440]]
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:
Sec. 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-A\1\ ND SD-A\1\ UTA\1\ 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