(a) This subpart can be implemented and enforced by EPA or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency.
(c) The authorities that cannot be delegated to state, local, or tribal agencies are specified in paragraphs (c)(1) through (7) of this section.
(1) Approval of an alternative non-opacity emissions standard under 40 CFR 63.6(g).
(2) Approval of an alternative opacity emissions standard under § 63.6(h)(9).
(3) Approval of a major change to test methods under § 63.7(e)(2)(ii) and (f). A “major change to test method” is defined in § 63.90.
(4) Approval of a major change to monitoring under § 63.8(f). A “major change to monitoring” under is defined in § 63.90.
(5) Approval of a major change to recordkeeping and reporting under § 63.10(f). A “major change to recordkeeping/reporting” is defined in § 63.90.
(6) Approval of a local, State, or national mercury switch removal program under § 63.10885(b)(2).
(7) Approval of an alternative to any electronic reporting to the EPA required by this subpart.
[73 FR 252, Jan. 2, 2008, as amended at 85 FR 56104, Sept. 10, 2020]