Approval of Section 112(l) Authority for Hazardous Air Pollutants; Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks; State of California

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 63

[FRL-6203-6]

Approval of Section 112(l) Authority for Hazardous Air

Pollutants; Chromium Emissions from Hard and Decorative Chromium

Electroplating and Chromium Anodizing Tanks; State of California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The California Air Resources Board (CARB) requested approval,

under section 112(l) of the Clean Air Act (the Act), to implement and

enforce California's ``Hexavalent Chromium Airborne Toxic Control

Measure for Chrome Plating and Chromic Acid Anodizing Operations''

(Chrome ATCM) in place of the ``National Emission Standards for

Chromium Emissions from Hard and Decorative Chromium Electroplating and

Chromium Anodizing Tanks'' (Chrome NESHAP). EPA has reviewed this

request and has found that it satisfies all of the requirements

necessary to qualify for approval. Thus, EPA is proposing to grant

California the authority to implement and enforce its Chrome ATCM in

place of the Chrome NESHAP.

DATES: Comments must be received on or before January 15, 1999.

ADDRESSES: Written comments should be mailed concurrently to the

addresses below:

Ken Bigos, Air Division, U.S. Environmental Protection Agency, Region

IX, 75 Hawthorne Street, San Francisco, California 94105-3901.

Robert Fletcher, Chief, Emissions Assessment Branch, Stationary Source

[[Page 69252]]

Division, California Air Resources Board, 2020 ``L'' Street, P.O. Box

2815, Sacramento, California 95812-2815.

Copies of California's request for approval are available for

public inspection at EPA's Region IX office during normal business

hours (air docket #A-96-25).

FOR FURTHER INFORMATION CONTACT: Ken Bigos, Air Division, U.S.

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San

Francisco, California 94105-3901, (415) 744-1240.

SUPPLEMENTARY INFORMATION:

I. Background

Under section 112(l) of the Act, EPA is authorized to delegate to

state agencies the authority to implement and enforce the National

Emission Standards for Hazardous Air Pollutants (NESHAPs). The Federal

regulations governing EPA's approval of state rules or programs under

section 112(l) are located at 40 CFR part 63, subpart E. Under these

regulations, a State has the option to request EPA's approval to

substitute a state rule for the comparable NESHAP. Upon approval, the

State is given the authority to implement and enforce its rule in lieu

of the NESHAP. This ``rule substitution'' option requires EPA to ``make

a detailed and thorough evaluation of the State's submittal to ensure

that it meets the stringency and other requirements'' of 40 CFR 63.93

(see 58 FR 62274). A rule will be approved if EPA finds: (1) the state

authorities are ``no less stringent'' than the corresponding federal

NESHAP, (2) adequate authorities and resources exist, (3) the schedule

for implementation and compliance is sufficiently expeditious, and (4)

the state program is otherwise in compliance with Federal guidance.

On January 25, 1995, EPA promulgated the NESHAP for chromium

electroplating facilities (see 60 FR 4963), which was codified in 40

CFR part 63, subpart N, ``National Emission Standards for Chromium

Emissions from Hard and Decorative Chromium Electroplating and Chromium

Anodizing Tanks'' (Chrome NESHAP). On July 17, 1998, EPA received the

California Air Resources Board's (CARB's) request for approval to

implement and enforce section 93102 of Title 17 of the California Code

of Regulations, ``Hexavalent Chromium Airborne Toxic Control Measure

for Chrome Plating and Chromic Acid Anodizing Operations'' (Chrome

ATCM), in place of the Chrome NESHAP as the Federally-enforceable

standard in California.

II. EPA Evaluation and Proposed Action

A. California's Chrome ATCM

California's Chrome ATCM differs in many ways from the Federal

Chrome NESHAP. While these differences do not appear to warrant a

finding that the Chrome ATCM is less stringent than the Chrome NESHAP,

this section discusses these differences so that the public is afforded

an opportunity to comment on the significance of these differences.

1. Title V Permit Requirements

The Chrome ATCM requires the owner or operator of a major source

subject to the Chrome ATCM to obtain a Title V permit (see section

93102(a)(5)). While the Chrome NESHAP includes this requirement, it

also provides that all nonmajor sources, except for those sources

referred to in 40 CFR 63.340(e)(1), are subject to Title V permitting

requirements. While the applicable Title V permitting authority may

defer certain qualifying nonmajor sources from the Title V permitting

requirements until December 9, 1999, currently all sources receiving

such deferrals are required to submit Title V permit applications by

December 9, 2000 (see 40 CFR 63.340(e)(2) and 61 FR 27785). Although

the Chrome ATCM is silent with respect to this requirement, CARB stated

in its application that it will amend the Chrome ATCM in the future if

EPA does not permanently exempt all sources receiving such deferrals.

EPA believes that the approval of the Chrome ATCM at this time does not

constitute a waiver of this Title V permitting requirement.

2. Emission Limits for Hard Chromium Electroplating

Under the Chrome NESHAP, emission limits for hard chromium

electroplating tanks are expressed in the form of milligrams of total

chromium per dry standard cubic meter. Different emission limits apply

depending on whether the facility qualifies as large or small, which,

in turn, is based on the facility's maximum cumulative potential

rectifier capacity. In contrast, the emission limits in the Chrome ATCM

are expressed in terms of milligrams of hexavalent chromium per ampere

hour, and are differentiated between large, medium, and small facility

sizes dependent on both mass emissions and a capacity or usage limit.

Since there is no unique conversion between the form of the

emission limits in the Chrome NESHAP and the Chrome ATCM, CARB took the

approach of using source test data to demonstrate that facilities

meeting the emission limits of the Chrome ATCM also meet the emission

limits of the Chrome NESHAP. After reviewing the results of

approximately 35 source tests of hard chromium electroplating

facilities in California of various sizes, CARB found that in every

case the sources that were in compliance with the applicable Chrome

ATCM emission limit were also in compliance with the applicable Chrome

NESHAP emission limit. CARB believes, and EPA concurs, that these

source test results confirm CARB's position that the Chrome ATCM

emission limits are at least as stringent as the Chrome NESHAP emission

limits for every source subject to the Chrome NESHAP.

Both the Chrome NESHAP and the Chrome ATCM allow facilities with a

maximum cumulative potential rectifier capacity of greater than 60

million ampere-hours per year to be considered small (or medium in the

case of the Chrome ATCM) by accepting a limit on the maximum cumulative

potential rectifier usage (see section 93102(h)(7)(B) and 40 CFR

63.342(c)(2)). EPA wishes to clarify that it considers all such usage

limits in non-Title V operating permits as Federally-enforceable for

purpose of this proposed substitution of the Chrome ATCM for the Chrome

NESHAP.

3. Malfunctions

Both the Chrome NESHAP and the Chrome ATCM provide that the

emission limits apply during tank operations, including periods of

startup and shutdown, but do not apply during periods of malfunction,

which the Chrome ATCM refers to as periods of ``breakdown'' (see

section 93102(a)(4) and (b)(7), and 40 CFR 63.2 and 63.342(b)(1)). The

Chrome ATCM both defines the term ``breakdown'' and states that the

emission limits ``do not apply during periods of equipment breakdown,

provided the provisions of the permitting agency's breakdown rule are

met. * * *'' This means that an event does not constitute a breakdown

unless both of the following conditions are met: (1) the event meets

the characteristics of a breakdown as defined in the Chrome ATCM, and

(2) the provisions of the applicable permitting agency's (i.e.,

district's) breakdown rule are met. This two-step analysis is important

because it is the Chrome ATCM definition of ``breakdown'' that first

determines what constitutes a breakdown, not the provisions of the

applicable district's breakdown rule.

Under the Chrome ATCM, the districts' breakdown rules serve only

one function: to establish the reporting

[[Page 69253]]

requirements that must be followed when a breakdown occurs (see section

93102(i)(4)). These rules do not override or supplant the other

breakdown or excess emission requirements of the Chrome ATCM, including

the requirements to revise the operation and maintenance plan to

minimize breakdowns (see section 93102(g)(4)), to maintain the

specified records of all breakdowns and excess emissions (see section

93102(h)(5) and (6)), and to include as part of the ongoing compliance

status report a summary of any excess emissions (see section

93102(h)(6), (i)(3)(B), and appendix 3). And, the districts' breakdown

rules neither expand the scope nor extend the time-frame of a breakdown

beyond the definition in section 93102(b)(7) of the Chrome ATCM. In

other words, while the emission limits do not apply during a breakdown,

what constitutes a breakdown is determined by the Chrome ATCM's, not a

particular district's, definition of ``breakdown.''

As a supplement to its application, CARB submitted copies of the

districts' breakdown rules, which are referenced in appendix 6 of the

Chrome ATCM. These rules raise several issues. First, if the Chrome

ATCM is approved under section 112(l) of the Act, then only those

district breakdown rules that were submitted to EPA as part of CARB's

Chrome ATCM application are approved as a matter of Federal law. A

source cannot rely on revisions to a district's breakdown rule until

such revisions receive EPA's approval under section 112(l) of the Act.

Second, the proposed approval of the districts' breakdown rules,

which are incorporated by reference into the Chrome ATCM, is strictly

limited to the context of approval of the Chrome ATCM under section

112(l) of the Act. While the use of these rules may be appropriate in

lieu of the Chrome NESHAP reporting requirements, the use of these

rules in other contexts may be inappropriate (e.g., with regard to

other NESHAPs or State Implementation Plans). Thus, it is possible that

a district's breakdown rule can be Federally-approved as part of the

Chrome ATCM but not Federally-approved as part of the California State

Implementation Plan.

Third, some of the districts' breakdown rules use the term

``malfunction'' rather than ``breakdown.'' For the purpose of the

Chrome ATCM, EPA interprets these terms as interchangeable, provided

that it is understood that the Chrome ATCM definition of ``breakdown''

is controlling, not the districts' definitions of ``breakdown'' or

``malfunction.''

Fourth, some of the districts' breakdown rules include provisions

regarding the district's authority to determine whether a breakdown has

occurred, authority to grant emergency variances, or authority to

decide to take no enforcement action. Like the districts' definitions

of ``breakdown'' or ``malfunction,'' the above-listed provisions go

beyond the function of the districts' breakdown rules in the context of

the Chrome ATCM (such function being limited to establishing the

reporting requirements that must be followed when a breakdown occurs).

Thus, EPA's proposed approval of the Chrome ATCM under section 112(l)

of the Act does not include such provisions of the districts' breakdown

rules since these provisions go beyond the scope of the Chrome ATCM.

Fifth, some of the districts' breakdown rules require written

breakdown reports only if requested by the district. However, for the

purpose of approval of the Chrome ATCM, EPA will interpret such rules

as requiring the submission of written breakdown reports to the

district even if the district has not formally requested the source to

provide such reports.

Sixth, some of the districts' breakdown rules do not specify the

reporting time period, but merely state that notification shall be

``immediate'' or the written breakdown report shall be filed

``subsequently.'' With respect to such rules, EPA will interpret such

terms by reference to the comparable Chrome NESHAP reporting deadlines

in 40 CFR 63.342(f)(3)(iv).

4. Performance Test Requirements

The Chrome ATCM allows the use of CARB Method 425, dated July 28,

1997, and South Coast Air Quality Management District (SCAQMD) Method

205.1, dated August 1991, for determining chromium emissions. By

approving the Chrome ATCM, these methods would be approved only as

prescribed by the Chrome ATCM and only to determine compliance with the

Chrome ATCM. EPA approval of the Chrome ATCM would not result in

approval of these methods as general alternatives to EPA Method 306.

In addition, assuming EPA approves the Chrome ATCM, the owner or

operator of an affected source cannot rely on provisions in CARB Method

425 or SCAQMD Method 205.1 allowing for approval of alternatives,

modifications, or variations from the test method. Any such

alternatives, modifications, or variations to the test methods must be

approved under the procedures in section 93102(k) of the Chrome ATCM.

5. Monitoring and Recording Frequencies

In several areas of parameter monitoring, the Chrome ATCM includes

monitoring or recording frequencies that differ from those required by

the Chrome NESHAP. For example, the Chrome NESHAP requires measurements

of velocity pressure and pressure drop across control devices to be

recorded daily. The Chrome ATCM requires that these parameters be

monitored continuously with a mechanical gauge that is in clear sight

of the operation or maintenance personnel, and that the measurements be

recorded weekly rather than daily. CARB believes that pressure drop

does not significantly change on a daily basis unless there is a major

malfunction. Additionally, CARB asserts that, based on their experience

in implementing the Chrome ATCM, there exists compelling engineering

evidence to support a recording frequency of once per week as the

minimum requirement for this source category.

The Chrome NESHAP also requires surface tension to be measured

every 4 hours of tank operation. This frequency may be reduced to every

8 hours of tank operation if there are no exceedances after 40 hours,

and then further reduced to once every 40 hours if no exceedances occur

after a second 40 hours of tank operation. In contrast, the Chrome ATCM

requires daily monitoring of the surface tension, with a possible

reduction to once a week after 20 days. For facilities using a foam

blanket-type fume suppressant, the Chrome NESHAP requires foam blanket

thickness to be measured every hour, and then every 4 hours and then

every 8 hours if no exceedances occur during a 40-hour period. The

Chrome ATCM, however, requires hourly monitoring of the foam blanket

thickness, and then a reduction to daily if no exceedance occurs after

15 days. Again, CARB asserts that there exists compelling engineering

evidence to support the monitoring frequencies in the Chrome ATCM as

the minimum requirements for this source category.

6. Work Practice Standards for Packed-Bed Scrubbers

Under the Chrome NESHAP, one of the work practice standards

applicable to packed-bed scrubbers is that fresh makeup water must be

added to the top of the packed-bed, except it may be added to the

scrubber basin if greater than 50 percent of the scrubber water is

drained (see Table 1 to 40 CFR 63.342). By contrast, the Chrome ATCM

only requires affected sources using

[[Page 69254]]

horizontal packed-bed scrubbers without continuous recirculation to add

fresh makeup water to the top of the packed-bed.

7. HEPA Filters, Chrome Tank Covers, and Polyballs

Unlike the Chrome NESHAP, the Chrome ATCM specifically includes

requirements for the following alternative emission control

technologies: high efficiency particulate air (HEPA) filters, chrome

tank covers, and polyballs. In approving the Chrome ATCM under section

112(l) of the Act, EPA would be approving these alternative

technologies for use in California. However, affected sources using

these alternative technologies would still be required to demonstrate,

through compliance testing and ongoing compliance monitoring, that the

emission standards in section 93102(c) are being achieved.

8. Ongoing Compliance Status Reports for Major Sources

Both the Chrome NESHAP and the Chrome ATCM require major sources to

submit ongoing compliance status reports (see section 93102(i)(3) and

40 CFR 63.347(g)). However, the Chrome ATCM requires these reports to

be submitted annually, while the Chrome NESHAP requires these reports

to be submitted semi-annually (quarterly where the applicable emission

limit is being exceeded). Because section 504(a) of the Act requires

major sources that have Title V permits to submit such reports no less

often than every six months, EPA cannot approve this provision of the

Chrome ATCM to operate in lieu of the comparable provision of the

Chrome NESHAP. Since major sources must comply with the Title V semi-

annual reporting requirement independent of the Chrome NESHAP or the

Chrome ATCM (i.e., regardless of whether the semi-annual reporting

requirement is included in either the Chrome NESHAP or the Chrome

ATCM), EPA believes that it has the authority to disapprove this

provision of the Chrome ATCM as not satisfying the objective of section

504(a) of the Act.

9. Compliance with the Chrome NESHAP

Under Federal law, until EPA approves the Chrome ATCM (i.e., the

approval becomes effective), all sources subject to the Chrome NESHAP

and located in California must be in compliance with the applicable

requirements of the Chrome NESHAP. Even after such approval becomes

effective, sources remain subject to Federal enforcement for violation

of any Chrome NESHAP provision that the source was required to be in

compliance with prior to the effective date of the Chrome ATCM

approval. Such Chrome NESHAP provisions include, but are not limited

to, the requirements to prepare operation and maintenance plans under

40 CFR 63.342(f)(3), to comply with initial notification deadlines

under 40 CFR 63.347(c) and (i)(1), and to comply with the new and

reconstructed source provisions under 40 CFR 63.5 and 63.345.

10. Changes in Source Status

Unlike the Chrome NESHAP, the Chrome ATCM is not as explicit

regarding compliance deadlines relating to certain changes to a

source's status, such as (1) a change from an area source to a major

source; (2) a change from either a very small, small, medium, or less

than 60 million ampere-hours hard chrome plater to a different size

category; and (3) a change from a decorative chrome plater using a

trivalent chrome bath that incorporates a wetting agent to one that

ceases to use this process. Since the Chrome ATCM does not explicitly

state the compliance deadlines for the changes, EPA interprets the

Chrome ATCM to require immediate compliance with the standard that

applies to the source's new status.

11. Circumvention

Under the Chrome NESHAP, no owner or operator shall build, erect,

install, or use any article, machine, equipment, or process to conceal

an emission that would otherwise constitute noncompliance with a

relevant standard (see 40 CFR 63.4(b)). CARB believes that this

provision is not necessary, presumably because CARB interprets the

Chrome ATCM as implicitly not allowing such activities.

12. Notification of New and Modified Sources

Section 93102(j)(2) of the Chrome ATCM allows facilities to fulfill

the notification of construction or modification requirements in

section 93102(j)(1) by complying with the applicable district's new

source review rule or policy, provided similar information is obtained.

Thus, the district's new source review rules or policy merely serve the

purpose of obviating the need for duplicative reporting. Such rules or

policies, however, do not change the underlying requirement that such

notification must exist and must be generated at least within the time

frame established by section 93102(j)(1). Furthermore, the burden of

proof of compliance rests upon the source to prove that it provided

notice of construction or reconstruction on time and that such notice

includes at least all of the information included in appendix 4 of the

Chrome ATCM.

B. Proposed Action

After reviewing the request for approval of California's Chrome

ATCM, EPA has determined that this request meets all the requirements

necessary to qualify for approval under section 112(l) of the Act and

40 CFR 63.91 and 63.93. Accordingly, EPA is proposing to approve the

Chrome ATCM as the Federally-enforceable standard for sources in

California. If this proposed action is finalized, then the Chrome ATCM

will be enforceable by the EPA and citizens under the Act. Although the

local air pollution control districts in California would have primary

implementation and enforcement responsibility, EPA would retain the

right, pursuant to section 112(l)(7) of the Act, to enforce any

applicable emission standard or requirement under section 112 of the

Act.

C. California's Authorities to Implement and Enforce Section 112

Standards

1. Penalty Authorities

Previously, CARB submitted a finding by California's Attorney

General stating that ``State law provides civil and criminal

enforcement authority consistent with [40 CFR] 63.91(b)(1)(i),

63.91(b)(6)(i), and 70.11, including authority to recover penalties and

fines in a maximum amount of not less than $10,000 per day per

violation * * *'' (emphasis added) (see 61 FR 25397). In accordance

with this finding, EPA understands that the California Attorney General

interprets section 39674 and the applicable sections of Division 26,

Part 4, Chapter 4, Article 3 (``Penalties'') of the California Health

and Safety Code as allowing the collection of penalties for multiple

violations per day. In addition, EPA also understands that the

California Attorney General interprets section 42400(c)(2) of the

California Health and Safety Code as allowing for, among other things,

criminal penalties for knowingly rendering inaccurate any monitoring

method required by a toxic air contaminant rule, regulation, or permit.

As stated in section II.B above, EPA would retain the right,

pursuant to section 112(l)(7) of the Act, to enforce any applicable

emission standard or requirement under section 112 of the Act,

including the authority to seek civil and criminal penalties up to the

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maximum amounts specified in section 113 of the Act.

2. Variances

Division 26, Part 4, Chapter 4, Articles 2 and 2.5 of the

California Health and Safety Code provide for the granting of variances

under certain circumstances. EPA regards these provisions as wholly

external to CARB's request for approval to implement and enforce a

section 112 program or rule and, consequently, is proposing to take no

action on these provisions of state or local law. EPA does not

recognize the ability of a state or local agency who has received

delegation of a section 112 program or rule to grant relief from the

duty to comply with such Federally-enforceable program or rule, except

where such relief is granted in accordance with procedures allowed

under section 112 of the Act. As stated above, EPA retains the right,

pursuant to section 112(l)(7) of the Act, and citizens retain the

right, pursuant to section 304 of the Act, to enforce any applicable

emission standard or requirement under section 112 of the Act.

Similarly, section 39666(f) of the California Health and Safety

Code allows local agencies to approve alternative methods from those

required in the ATCMs, but only as long as such approvals are

consistent with the Act. A source seeking permission to use an

alternative means of emission limitation under section 112 of the Act

must also receive approval, after notice and opportunity for comment,

from EPA before using such alternative means of emission limitation for

the purpose of complying with section 112 of the Act.

III. Public Comment

EPA is seeking comment on CARB's request for approval of the Chrome

ATCM as a substitute for the Chrome NESHAP. EPA will consider all

public comments submitted during the public comment period. Issues

raised by the comments will be carefully reviewed and considered in the

decision to approve or disapprove CARB's request. EPA will provide

notice of its final decision in the Federal Register, including a

summary of the reasons for the final decision and a summary of all

major comments.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget has exempted this regulatory

action from review under Executive Order (E.O.) 12866.

This proposed rule is not subject to E.O. 13045, entitled

``Protection of Children from Environmental Health Risks and Safety

Risks,'' because it is not an ``economically significant'' action under

E.O. 12866.

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's proposed rule does

not create a mandate on state, local or tribal governments.

Accordingly, the requirements of section 1(a) of E.O. 12875 do not

apply to this rule.

C. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, E.O. 13084 requires EPA to develop an

effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.'' Today's

proposed rule does not significantly or uniquely affect the communities

of Indian tribal governments. Accordingly, the requirements of Section

3(b) of E.O. 13084 do not apply to this rule.

D. Regulatory Flexibility Act

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant economic impact on a substantial number of small entities.

Small entities include small businesses, small not-for-profit

enterprises, and government entities with jurisdiction over populations

of less than 50,000.

Approvals under 40 CFR 63.93 do not create any new requirements,

but simply approve requirements that the state or local agency is

already imposing. Therefore, because this proposed approval does not

impose any new requirements, it does not have a significant impact on

affected small entities.

E. Unfunded Mandates

Under section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to state, local, or tribal governments in the aggregate, or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action proposed 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

Federal requirements. Accordingly, no additional costs to state, local,

or tribal governments, or to the private sector, result from this

action.

List of Subjects in 40 CFR Part 63

Environmental protection, Administrative practice and procedure,

Air pollution control, Hazardous substances, Incorporation by

reference,

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Intergovernmental relations, Reporting and recordkeeping requirements.

Authority: This action is issued under the authority of section

112 of the Clean Air Act, as amended, 42 U.S.C. 7412.

Dated: December 8, 1998.

David P. Howekamp,

Acting Regional Administrator, Region IX.

[FR Doc. 98-33338 Filed 12-15-98; 8:45 am]

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