[Federal Register Volume 64, Number 87 (Thursday, May 6, 1999)]
[Rules and Regulations]
[Pages 24288-24292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11270]


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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.

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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]
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