Clean Air Act Final Approval in Part and Final Disapproval in Part, Section 112(l), Program Submittal; State of Alaska; Amendment and Clarification

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 61 and 63

[FRL-6316-7]

Clean Air Act Final Approval in Part and Final Disapproval in

Part, Section 112(l), Program Submittal; State of Alaska; Amendment and

Clarification

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final approval in part and disapproval in part; amendment and

clarification.

-----------------------------------------------------------------------

SUMMARY: This action identifies which 40 CFR Parts 61 and 63 General

Provisions authorities are delegated to the Alaska Department of

Environmental Conservation (ADEC), and serves as a clarification to the

Clean Air Act Final Approval in Part and Final Disapproval in Part,

Section 112(l), Program Submittal; State of Alaska, published on

December 5, 1996 (see 61 FR 64463). This action amends 40 CFR 61.04 and

63.99 by revising and adding tables outlining ADEC's current delegation

status.

DATES: The amendments are effective on May 6, 1999.

ADDRESSES: Copies of the requests for delegation and other supporting

documentation are available for public inspection at the following

location: U.S. Environmental Protection Agency, Region X, Office of Air

Quality (OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101.

FOR FURTHER INFORMATION CONTACT: Andrea Wullenweber, US EPA, Region X

(OAQ-107), 1200 Sixth Avenue, Seattle, WA, 98101, (206) 553-8760.

SUPPLEMENTARY INFORMATION:

I Administrative Requirements

Under Executive Order (E.O.) 12866, Regulatory Planning and Review

(58 FR 51735, October 4, 1993), this action is not a ``significant

regulatory action'' and is therefore, not subject to review by the

Office of Management and Budget. In addition, this action does not

impose any enforceable duty, contain any unfunded mandate, or impose

any significant or unique impact on small governments as described in

the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). This rule

also does not require prior consultation with State, local, and tribal

government officials as specified by Executive Order 12875 (58 FR

58093, October 28, 1993) or Executive Order 13084 (63 FR 27655, May 10,

1998), or involve special consideration of environmental justice

related issues as required by Executive Order 12898 (59 FR 7629,

February 16, 1994). Because this action is not subject to notice-and-

comment requirements under the Administrative Procedure Act or any

other statute, it is not subject to the regulatory flexibility

provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

This rule also is not subject to Executive Order 13045 (62 FR 19885,

April 23, 1997), entitled ``Protection of Children from Environmental

Health Risks and Safety Risks,'' because EPA interprets E.O. 13045 as

applying only to those regulatory actions that are based on health or

safety risks, such that the analysis required under section 5-501 of

the Order has the potential to influence the regulation. This rule is

not subject to E.O. 13045 because it does not establish an

environmental standard intended to mitigate health or safety risks.

The Congressional Review Act, 5 U.S.C. 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. This rule is not a

``major rule'' as defined by 5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by July 6, 1999. 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)].

II Clarification

What Action Is EPA Taking Today?

This action clarifies which 40 CFR Parts 61 and 63 General

Provisions authorities are delegated to the Alaska Department of

Environmental Conservation (ADEC), and serves as a clarification to the

Clean Air Act Final Approval in Part and Final Disapproval in Part,

Section 112(l), Program Submittal; State of Alaska, published on

December 5, 1996 (see 61 FR 64463).

Why Is EPA Taking This Action?

On December 5, 1996 (see 61 FR 64463), EPA granted ADEC final

approval in part and final disapproval in part of Clean Air Act,

Section 112(l), authority to implement and enforce specific 40 CFR

Parts 61 and 63 federal NESHAP regulations which have been adopted into

state law. Since that December 5, 1996, Federal Register action, EPA

has issued guidance identifying which 40 CFR Part 63, Subpart A,

General Provisions, authorities may and may not be delegated to state

and local agencies. This guidance was issued in a memorandum from John

Seitz, Director, Office of Air Quality Planning and Standards, dated

July, 10, 1998, entitled, ``Delegation of 40 CFR Part 63 General

Provisions Authorities to State and Local Air Pollution Control

Agencies.'' In light of this guidance, Chuck Clarke, Regional

Administrator, EPA, Region X, issued a letter of clarification to

Michele Brown, Commissioner, ADEC, dated March 11, 1999, identifying

specifically which 40 CFR Parts 61 and 63 General Provisions

authorities are and are not delegated to ADEC. This clarification

notice summarizes that letter.

Which Part 63 General Provisions Authorities Are Delegated to ADEC?

EPA, Region 10, has determined that ADEC has sufficient expertise

to implement all of the 40 CFR Part 63 General Provisions authorities

which

[[Page 24289]]

may be delegated to state and local agencies, as listed in the July 10,

1998, memorandum from John Seitz (referenced above). The table below

lists these General Provisions authorities which are delegated to ADEC.

In delegating 40 CFR 63.9 and 63.10, Approval of Adjustments to Time

Periods for Submitting Reports, ADEC has the authority to approve

adjustments to the timing that reports are due, but does not have the

authority to alter the contents of the reports. For Title V sources,

semiannual and annual reports are required by Part 70, and this does

not change that requirement.

In delegating these authorities, EPA grants ADEC the authority to

make decisions which are not likely to be nationally significant nor

alter the stringency of the underlying standard. The intent is that

ADEC will make decisions on a source-by-source basis, not on a source

category-wide basis. Additionally, ADEC may assume that for any

authorities not listed in this preamble, in the Part 63 Delegation

Status table, or in the subparts as not delegable, ADEC has been

delegated that particular authority.

40 CFR Part 63, Subpart A, General Provisions Authorities Which ADEC Is

Delegated

------------------------------------------------------------------------

Section Authorities

------------------------------------------------------------------------

63.1................................... Applicability Determinations.

63.6(e)................................ Operation and Maintenance

Requirements--Responsibility

for Determining Compliance.

63.6(f)................................ Compliance with Non-Opacity

Standards--Responsibility for

Determining Compliance.

63.6(h) [except 63.6(h)(9)]............ Compliance with Opacity and

Visible Emissions Standards--

Responsibility for Determining

Compliance.

63.7(c)(2)(i) and (d).................. Approval of Site-Specific Test

Plans.

63.7(e)(2)(i).......................... Approval of Minor Alternatives

to Test Methods.

63.7(e)(2)(ii) and (f)................. Approval of Intermediate

Alternatives to Test Methods.

63.7(e)(2)(iii)....................... Approval of Shorter Sampling

Times and Volumes When

Necessitated by Process

Variables or Other Factors.

63.7(e)(2)(iv) and (h)(2), (3)......... Waiver of Performance Testing.

63.8(c)(1) and (e)(1).................. Approval of Site-Specific

Performance Evaluation

(monitoring) Test Plans.

63.8(f)................................ Approval of Minor Alternatives

to Monitoring.

63.8(f)................................ Approval of Intermediate

Alternatives to Monitoring.

63.9 and 63.10 [except 63.10(f)]....... Approval of Adjustments to Time

Periods for Submitting

Reports.

------------------------------------------------------------------------

Note: For definitions of minor and intermediate alternatives to test

methods and monitoring, see memorandum from John Seitz, Office of Air

Quality Planning and Standards, dated July, 10, 1998, entitled,

``Delegation of 40 CFR Part 63 General Provisions Authorities to State

and Local Air Pollution Control Agencies.''

Which Part 63 General Provisions Authorities Are Automatically Granted

to ADEC as Part of Its Part 70 Operating Permits Program?

The 40 CFR Part 63 General Provisions authorities that are

automatically granted to ADEC as part of its Part 70 operating permits

program approval (regardless of whether the operating permits program

approval is interim or final) are: 40 CFR 63.5(e) and (f), Approval and

Disapproval of Construction and Reconstruction, and 63.6(i)(1),

Extension of Compliance with Emission Standards. Sections 112(i)(1) and

(3) state that the ``Administrator (or a State with a permit program

approved under Title V)'' may conduct preconstruction review and may

grant compliance extensions. EPA interprets that this authority does

not require delegation through subpart E and, instead, is automatically

granted to States as part of their Part 70 operating permits program

approval. Additionally, for 40 CFR 63.6(i)(1), ADEC does not need to

have been delegated a particular standard or have issued a Part 70

operating permit to a particular source to grant that source a

compliance extension.

Which Part 63 General Provisions Authorities Are Not Delegated to ADEC?

As a general rule, in delegating the authorities of 40 CFR Part 63,

Subpart A, to state or local agencies, EPA retains certain decision-

making authorities which could result in a change to the stringency of

an underlying standard, which are likely to be nationally significant,

or which may require a rulemaking and subsequent Federal Register

notice. ADEC is not delegated those 40 CFR Parts 63 authorities listed

in the footnotes of the Part 63 Delegation Status table at the end of

this rule. Additionally, ADEC is not delegated any authorities

identified in the subparts (i.e., under ``Delegation of Authority'')

that cannot be delegated.

Section 63.6(g), Use of an Alternative Non-opacity Emission

Standard, also cannot be delegated to a state or local agency because

approval of such an alternative requires a Federal rulemaking. Sections

63.12 through 63.15 contain the following information, which is not

necessary to delegate to state or local agencies: State Authority and

Delegations (63.12), Addresses of State Air Pollution Control Agencies

and EPA Regional Offices (63.13), Incorporations By Reference (63.14),

and Availability of Information and Confidentiality (63.15).

Which Part 61 General Provisions Authorities Are Not Delegated to ADEC?

As a general rule, in delegating the authorities of 40 CFR Parts

61, Subpart A, to state or local agencies, EPA retains certain

decision-making authorities which could result in a change to the

stringency of an underlying standard, which are likely to be nationally

significant, or which may require a rulemaking and subsequent Federal

Register notice. In the footnotes of the Part 61 Delegation Status

table at the end of this rule, EPA has identified which authorities are

not delegated to ADEC. This list has been compiled jointly by EPA's

Office of Environmental Compliance and Assistance (OECA) and EPA,

Region 10, based on the July 10, 1998, memorandum from John Seitz (as

referenced above), EPA policy memos from pre-1990, and a guidance

document under development by OECA entitled, ``How to Review and Issue

Clean Air Act Applicability Determinations and Alternative

Monitoring.''

Sections 61.04(b) and 61.16 contain the following information,

respectively,

[[Page 24290]]

which is not necessary to delegate to state or local agencies: Address

and Availability of Information. Also, ADEC is not delegated any

sections in the subparts pertaining to approval of alternative

standards (i.e., alternative means of emission limitations), or

approval of major alternatives to test methods or monitoring; as well

as any authorities identified in the subparts (i.e., under ``Delegation

of Authority'') that cannot be delegated.

Which Part 61 General Provisions Authorities Are Delegated to ADEC?

ADEC may assume that for any authorities not listed in this

preamble, in the Part 61 Delegation Status table, or in the subparts as

not delegable, ADEC has been delegated that particular authority.

Additionally, in delegating these authorities, EPA grants ADEC the

authority to make decisions which are not likely to be nationally

significant nor alter the stringency of the underlying standard. The

intent is that ADEC will make decisions on a source-by-source basis,

not on a category-wide basis.

What Are ADEC's Reporting Requirements to EPA?

As a condition of receiving delegation of the General Provisions

authorities, ADEC must submit to EPA the following information:

ADEC must input all source information into the Aerometric

Information Retrieval System (AIRS) for both point and area sources by

September 30 of each year;

ADEC must report to EPA, Region X, all MACTRAX information

upon request, which is typically semiannually. (MACTRAX provides

summary data for each implemented NESHAP that EPA uses to evaluate the

Air Toxics Program);

ADEC must also provide any additional compliance related

information to EPA, Region X, as agreed upon in the Compliance

Assurance Agreement;

ADEC must submit to EPA, Region X, copies of

determinations issued pursuant to the delegated General Provisions

authorities (which are listed in Table 1);

ADEC must also forward to EPA, Region X, copies of any

notifications received pursuant to 63.6(h)(7)(ii) pertaining to the use

of a continuous opacity monitoring system; and

ADEC must submit to EPA's Emission Measurement Center of the

Emissions Monitoring and Analysis Division copies of any approved

intermediate changes to test methods or monitoring. (For definitions of

major, intermediate and minor alternative test methods or monitoring

methods, see the July 10, 1998, memorandum from John Seitz, referenced

above). These intermediate test methods or monitoring changes should be

sent via mail or facsimile to: Chief, Source Categorization Group A,

U.S. EPA (MD-19), Research Triangle Park, NC 27711, Facsimile telephone

number: (919) 541-1039.

What Is the Effective Date of This Clarification?

This clarification of ADEC's delegation of authority was effective

on the date of the letter from Chuck Clarke, EPA, to Michele Brown,

ADEC, which was March 11, 1999. Please note that this clarification

does not change any source-specific determinations that have already

been made under the 40 CFR Parts 61 and 63 General Provisions; instead,

this should be used as guidance for all future decisions regarding the

General Provisions authorities.

What Is the Impact of This Clarification on the Regulated Community?

This clarification notice informs the regulated community where to

send requests for determinations that will be made pursuant to the

General Provisions authorities in Parts 61 and 63. For those General

Provisions authorities that are delegated, requests should be submitted

to ADEC; and for those General Provisions authorities that are not

delegated, requests should be submitted to EPA.

What Is The Impact of This Clarification on Indian Country in Alaska?

This clarification notice (as well as the original December 5,

1996, delegation) does not extend to ``Indian country'' located in

Alaska, as defined in 18 USC Section 1151. Because the extent of Indian

country is currently unknown and is subject to litigation, the exact

boundaries of Indian country have not been established in Alaska. At

present, the lands acknowledged to be Indian country are the Annette

Island Reserve, the trust lands identified as Indian country by the

United States in Klawock, Kake, and Angoon, and the Native allotments

still in restricted status. With this clarification, EPA does not

intend to affect the rights of federally-recognized Indian tribes in

Alaska, nor does it intend to limit the existing rights of the State of

Alaska. Because the approved ADEC program does not extend to sources

and activities in Indian country, EPA will continue to implement

NESHAPs in Indian country.

III Amendment

What Action Is EPA Taking Today?

EPA is amending 40 CFR 61.04(b)(C) to correct ADEC's address, and

is amending 40 CFR 61.04(c)(10) to add ADEC's delegation status for

Part 61 standards to the existing table for Region X. EPA is also

amending 40 CFR 63.99(a)(2) to add a table listing ADEC's delegation

status for Part 63 standards. These Delegation Status tables are listed

at the end of this rule.

Why Is EPA Taking This Action?

EPA is amending these tables to add ADEC's delegation status to

help the reader more easily distinguish which subparts of Parts 61 and

63 are delegated. This information helps the reader determine which

agency (EPA or ADEC) is the primary implementing and enforcing agency

for a particular subpart. These tables list the subparts that were

delegated to ADEC in a Federal Register action published on December 5,

1996 (see 61 FR 64463), and also list the Parts 61 and 63 General

Provisions authorities which are not delegated to ADEC, based on this

clarification notice.

List of Subjects

40 CFR Part 61

Environmental protection, Air pollution control, Arsenic, Asbestos,

Benzene, Beryllium, Hazardous substances, Mercury, Reporting and

recordkeeping requirements, Vinyl Chloride.

40 CFR Part 63

Environmental protection, Air pollution control, Hazardous

substances, Reporting and recordkeeping requirements.

Dated: March 18, 1999.

Jane S. Moore,

Acting Regional Administrator, Region X.

Title 40, chapter I, parts 61 and 63 of the Code of Federal

Regulations is amended as follows:

PART 61--[AMENDED]

1. The authority citation for part 61 continues to read as follows:

Authority: 42 U.S.C. 7401, 7412, 7413, 7414, 7416, 7601 and

7602.

Subpart A--General Provisions

2. Section 61.04 is amended in paragraph (b) by revising paragraph

(b)(C); and by revising the existing table in paragraph (c)(10) and the

note to paragraph (c)(10) to read as follows:

[[Page 24291]]

Sec. 61.04 Address.

* * * * *

(b) * * *

(C) State of Alaska, Department of Environmental Conservation

(ADEC), 410 Willoughby Avenue, Suite 105, Juneau, AK 99801-1795.

Note: For a table listing ADEC's delegation status, see

paragraph (c)(10) of this section.

* * * * *

(c) * * *

(10) * * *

Delegation Status for Part 61 Standards--Region X

----------------------------------------------------------------------------------------------------------------

E c P S S C S W

A D I D O D L R o l B C N W O A A P A P A P Y R

Subpart E C E Q E Q A P o g A A A P P C C A C A C A C A

\1\ \2\ \3\ A \4\ y \5\ \6\ A \7\ A \8\ \9\ \10\ \11\ A

------------------------------------------------------------------------------------------------------------\12\

A General Provisions \13\.. X ..... ..... ..... ..... ..... X ..... X ..... X

B Radon from Underground

Uranium Mines

C Beryllium................ ..... ..... ..... ..... ..... ..... X ..... X ..... X

D Beryllium Rocket Motor ..... ..... ..... ..... ..... ..... X ..... X ..... X

Firing.....................

E Mercury.................. X ..... ..... ..... ..... ..... X ..... X ..... X

F Vinyl Chloride........... ..... ..... ..... ..... ..... ..... X ..... X ..... X

H Emissions of

Radionuclides other than

Radon from Dept of Energy

facilities

I Radionuclides from

Federal Facilities other

than Nuclear Regulatory

Commission Licensees and

not covered by Subpart H

J Equipment Leaks of Benzene X ..... ..... ..... ..... ..... X ..... X ..... X

K Radionuclides from

Elemental Phosphorus Plants

L Benzene from Coke ..... ..... ..... ..... ..... ..... X ..... X ..... .....

Recovery...................

M Asbestos................. X \1\ ..... ..... ..... ..... ..... X ..... X ..... X

N Arsenic from Glass Plants ..... ..... ..... ..... ..... ..... X ..... X ..... X

O Arsenic from Primary ..... ..... ..... ..... ..... ..... X ..... X ..... X

Copper Smelters............

P Arsenic from Arsenic ..... ..... ..... ..... ..... ..... X ..... X ..... X

Production Facilities......

Q Radon from Dept of Energy

facilities

R Radon from Phosphogypsum

Stacks

T Radon from Disposal of

Uranium Mill Tailings

V Equipment Leaks.......... X ..... ..... ..... ..... ..... X ..... X ..... X

W Radon from Operating Mill

Tailings

Y Benzene from Benzene X ..... ..... ..... ..... ..... X ..... X ..... X

Storage Vessels............

BB Benzene from Benzene ..... ..... ..... ..... ..... ..... X ..... X ..... X

Transfer Operations........

FF Benzene Waste Operations X ..... ..... ..... ..... ..... X ..... X ..... X

----------------------------------------------------------------------------------------------------------------

\1\ Alaska Department of Environmental Conservation (1/18/97) Note: Alaska received delegation for sections

61.145 and 61.154 of Subpart M (Asbestos), along with other sections and appendices which are referenced in

61.145, as 61.145 applies to sources required to obtain an operating permit under Alaska's regulations. EPA

retains the authority to implement and enforce Subpart M for area source asbestos demolition and renovation

activities.

\2\ Idaho Division of Environmental Quality.

\3\ Oregon Department of Environmental Quality.

\4\ Lane Regional Air Pollution Authority.

\5\ Washington Department of Ecology.

\6\ Benton Clean Air Authority.

\7\ Northwest Air Pollution Authority (5/14/98).

\8\ Olympic Air Pollution Control Authority.

\9\ Puget Sound Air Pollution Control Agency (7/1/97).

\10\ Spokane County Air Pollution Control Authority.

\11\ Southwest Air Pollution Control Authority (8/1/96).

\12\ Yakima Regional Clean Air Authority.

\13\ Authorities which are not delegated include: 40 CFR 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of

major alternatives to test methods; 61.14(g)(1)(ii) for approval of major alternatives to monitoring; 61.16;

61.53(c)(4); any sections in the subparts pertaining to approval of alternative standards (i.e., alternative

means of emission limitations), or approval of major alternatives to test methods or monitoring; and all

authorities identified in the subparts (i.e., under ``Delegation of Authority'') that cannot be delegated.

Note to paragraph (c)(10): Dates in parenthesis indicate the

effective date of the federal rules that have been adopted by and

delegated to the state or local air pollution control agency.

Therefore, any amendments made to these delegated rules after this

effective date are not delegated to the agency.

PART 63--[AMENDED]

1. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

Subpart E--Approval of State Programs and Delegation of Federal

Authorities

2. Section 63.99 is amended by adding paragraph (a)(2) to read as

follows:

Sec. 63.99 Delegated Federal authorities.

(a) * * *

(2) Alaska.

(i) The following table lists the specific part 63 standards that

have been delegated unchanged to the Alaska Department of Environmental

Conservation. The (X) symbol is used to indicate each subpart that has

been delegated.

[[Page 24292]]

Delegation Status for Part 63 Standards--Alaska

----------------------------------------------------------------------------------------------------------------

Alaska

Department of

Subpart Environmental

Conservation (1/

18/97)

----------------------------------------------------------------------------------------------------------------

A............................................. General Provisions \1\......................... X

D............................................. Early Reductions............................... X

F............................................. HON-SOCMI......................................

G............................................. HON-Process Vents..............................

H............................................. HON-Equipment Leaks............................

I............................................. HON-Negotiated Leaks...........................

L............................................. Coke Oven Batteries............................

M............................................. Perc Dry Cleaning.............................. X

N............................................. Chromium Electroplating........................ X \2\

O............................................. Ethylene Oxide Sterilizers.....................

Q............................................. Industrial Process Cooling Towers.............. X

R............................................. Gasoline Distribution.......................... X

S............................................. Pulp and Paper.................................

T............................................. Halogenated Solvent Cleaning................... X

U............................................. Polymers and Resins I..........................

W............................................. Polymers and Resins II-Epoxy...................

X............................................. Secondary Lead Smelting........................

Y............................................. Marine Tank Vessel Loading..................... X

CC............................................ Petroleum Refineries........................... X

DD............................................ Off-Site Waste and Recovery.................... X

EE............................................ Magnetic Tape Manufacturing....................

GG............................................ Aerospace Manufacturing & Rework...............

II............................................ Shipbuilding and Ship Repair................... X

JJ............................................ Wood Furniture Manufacturing Operations........ X

KK............................................ Printing and Publishing Industry............... X

LL............................................ Primary Aluminum...............................

OO............................................ Tanks--Level 1.................................

PP............................................ Containers.....................................

QQ............................................ Surface Impoundments...........................

RR............................................ Individual Drain Systems.......................

VV............................................ Oil-Water Separators and Organic-Water

Separators.

EEE........................................... Hazardous Waste Combustors.....................

JJJ........................................... Polymers and Resins IV ........................

----------------------------------------------------------------------------------------------------------------

\1\ Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval

of major alternatives to test methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and

all authorities identified in the subparts (i.e., under ``Delegation of Authority'') that cannot be delegated.

For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum

from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, ``Delegation of

40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.''

\2\ Alaska received delegation for Subpart N (Chromium Electroplating) as it applies to sources required to

obtain an operating permit under Alaska's regulations. EPA retains the authority for implementing and

enforcing Subpart N for area source chromium electroplating and anodizing operations which have been exempted

from Part 70 permitting in 40 CFR 63.340(e)(1).

(ii) [Reserved]

Note to paragraph (a)(2): The date in parenthesis indicates the

effective date of the federal rules that have been adopted by and

delegated to the Alaska Department of Environmental Conservation.

Therefore, any amendments made to these delegated rules after this

effective date are not delegated to the agency.

* * * * *

[FR Doc. 99-11270 Filed 5-5-99; 8:45 am]

BILLING CODE 6560-50-P