40 C.F.R. part 70 lists the requirements which states must meet in developing and implementing operating permit programs to comply with Title V of the Clean Air Act. A “part 70 source” is a source which, because of the quantity of its emissions or for other reasons enumerated in section 502(a) of the Act, 42 U.S.C. § 7661a(a), or 40 C.F.R. § 70.3, must apply for and operate in compliance with a part 70 operating permit., and 2) implementation and enforcement authority for those standards which MDEQ adopts by reference. For NESHAP standards as applicable to part 70 sources, the MOA provides for delegation by letter to Michigan of authority to implement such NESHAP standards, unless the State declines delegation within 45 days of the U.S. EPA’s promulgation of a standard. The MOA also notes that Michigan can enforce the NESHAP standards against any part 70 source00 after the State incorporates the NESHAP requirements into the source’s part 70 operating permit or against a source after incorporating the standards into a construction permit. For standards applicable to non-part 70 sources, the MOA states that Michigan will adopt U.S. EPA’s standards by reference and will notify U.S. EPA when it has completed the adoption process. For any NESHAP MDEQ incorporates by reference, including standards applicable to part 70 and/or non-part 70 sources, U.S. EPA will then delegate by letter implementation and enforcement authority of these standards to Michigan.
, U.S. EPA also delegated implementation authority for NESHAP standards as applicable to part 70 sources, promulgated as of January 22, 1999 (the effective date of this action). In addition, U.S. EPA delegated both implementation and enforcement authority for two standards that MDEQ had incorporated by reference into the State’s rules:
40 C.F.R. part 63 subpart M (dry cleaning - R336.1619) and subpart T (halogenated solvent cleaning - R336.1651). Because subpart M and subpart T apply to part 70 and non-part 70 sources, U.S. EPA’s delegation of implementation and enforcement authority for these subparts apply to all sources subject to these standards regardless of whether they are subject to the part 70 operating permit program.
Pursuant to the procedures authorized in the January 10, 1997 and November 23, 1998 Federal Register actions, and detailed in the 1996 MOA, this document delegates to MDEQ the authority to implement NESHAP standards promulgated between January 22, 1999, and April 28, 2004 as applicable to part 70 sources.
This document also delegates to MDEQ the authority to implement and enforce 40 C.F.R. part 63 subpart N, the National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks, which Michigan has adopted by reference, for both part 70 and non part 70 sources (see R336.1941.). Note that U.S. EPA has not delegated implementation and enforcement authority to Michigan for any standard which MDEQ has not adopted by reference. Please refer to the enclosed table for the delegation status of individual NESHAP standards.
Nothing in this document shall be construed to restrict in any way the authority of Michigan or U.S. EPA to fulfill its responsibilities under state or federal law.