[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]]

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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.

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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]
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                       Subpart                           CO      MT-A\1\     ND      SD-A\1\   UTA\1\      WY
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*                  *                  *                  *                  *                  *
                                                        *
Ec--Hospital/Medical/Infectious Waste Incinerators..      (*)                 (*)       (*)
 
*                  *                  *                  *                  *                  *
                                                        *
WWW--Municipal Solid Waste Landfills................      (*)                 (*)       (*)       (*)      (*)
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\(*)\ 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]
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