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Specific Authorities Retained By EPA

In general, EPA does not delegate to state or local agencies the authority to make decisions that are likely to be nationally significant, or alter the stringency of the underlying standards.

As additional assurance of national consistency, state and local agencies must send to EPA Region 9 Air Division’s Enforcement Office Chief a copy of any written decisions made pursuant to the following delegated authorities:

  • Applicability determinations that state a source is not subject to a rule or requirement;
  • Approvals or determination of construction, reconstruction or modification;
  • Minor or intermediate site-specific changes to test methods or monitoring requirements; or
  • Site-specific changes or waivers of performance testing requirements.

40 CFR Part 60 NSPS
The following provisions of Subpart A are not delegated: Sections 60.4(b), 60.8(b), 60.9, 60.11(b), 60.11(e), 60.13(a), 60.13(d)(2), 60.13(g), and 60.13(i). Subpart B and Subpart C (NSPS Subparts Ca - Ce) have not been delegated to state and local agencies. They describe requirements for states to adopt and submit plans for designated facilities. These State Plans must be reviewed and approved by EPA. The authority to approve State Plans cannot be delegated to states.

40 CFR Part 61 NESHAP
The following provisions of Subpart A are not delegated: Sections 61.04(b), 6l.04(c), 61.05(c), 6l.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and 6l.16.

40 CFR Part 63 NESHAP for Source Categories (MACT Standards)
The following provisions of Subpart A are not delegated:
  • Section 63.6(g), Approval of Alternative Non-Opacity Emission Standards,
  • Section 63.6(h)(9), Approval of Alternative Opacity Standards,
  • Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods
  • Section 63.8(f), Approval of Major Alternatives to Monitoring,
  • Section 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting
  • plus any other provisions specifically identified as non-delegable in each individual standard.

    Subparts B, C, D, and E are not delegated to state and local agencies.




Note: The EPA has attempted to ensure that the delegations information presented on this web site accurately reflects the actions published in the Federal Register. If there are discrepancies, however, the Federal Register is the official record.

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