NSPS Part 60 Arkansas

Subpart	Description	ADEQ²	Non-Delegable Authorities
A	General Provisions	Yes	See Note 1 for NSPS Part 60, for explanation of delegation authorities, as well as the following specific references: § 60.4(b) Addresses of State and Local Implementing Agencies §§ 60.8(b)(2), 60.8(b)(3) (partial limitation) Approval of "Major Change to Test Methods". (Note: Any references to the authority in section 60.8(b) are reminders of the provisions of section 60.8 and are not separate authorities which can be delegated.) § 60.9 - Availability of Information Procedure for EPA - not applicable to State/local agencies. § 60.11(b) (partial limitation) Approval of ‘‘Major Change to Test Methods’’--alternative to ‘‘Method 9’’ test method. §§ 60.11(e)(7), 60.11(e)(8) Approval of Alternative Opacity Standard. § 60.13(a) (partial limitation) Approval of ‘‘Major Change to Monitoring’’-specification of continuous monitoring systems requirements. § 60.13(d)(2) (partial limitation) Approval of ‘‘Major Change to Monitoring’’-continuous opacity monitoring systems. § 60.13(g)(1) Approval of installation of fewer monitoring systems when one affected facility/source vents through more than one point (this is a major change to monitoring). § 60.13(i) (partial limitation) Approval of ‘‘Major Change to Monitoring’’.
AA	Steel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83	Yes
AAa	Steel Plants: Electric Arc Furnaces& Argon-Oxygen Decarburization Vessels After 8/07/83	Yes
BB	Kraft Pulp Mills	Yes
BBB	Rubber Tire Manufacturing Industry	Yes
CC	Glass Manufacturing Plants	Yes
D	Fossil Fueled Steam Generators (>250 MM BTU/hr)	Yes
DD	Grain Elevators	Yes
DDD	Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry	Yes
Da	Electric Utility Steam Generating Units (>250 MM BTU/hr)	Yes	60.45a Approval of emerging technology.
Db	Industrial-Commercial-Institutional Steam Generating Units (100 to 250 MM BTU/hr)	Yes
E	Incinerators (> 50 tons per day)	Yes
EE	Surface Coating of Metal Furnature	Yes
Ea	Municipal Waste Combustors	Yes
Eb	Large Municipal Waste Combustors	Yes
Ec	Hospital/Medical/Infectious Waste Incinerators	Yes
F	Portland Cement Plants	Yes
G	Nitric Acid Plants	Yes
GG	Stationary Gas Turbines	Yes
GGG	VOC Equipment Leaks in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006	Yes
H	Sulfuric Acid Plants	Yes
HH	Lime Manufacturing Plants	Yes
I	Hot Mix Asphalt Facilities	Yes
J	Petroleum Refineries	Yes	Note: Proposed Petroleum Refinery Sector Risk and Technology Review and NSPS June 30, 2014 Proposed Rule with additional emission control requirements for storage tanks, flares and coking units at petroleum refineries...EPA extended Final Rule Signature Date to September 30, 2015.
Ja	Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After May 14, 2007	Yes	Note: Proposed Petroleum Refinery Sector Risk and Technology Review and NSPS June 30, 2014 Proposed Rule with additional emission control requirements for storage tanks, flares and coking units at petroleum refineries...EPA extended Final Rule Signature Date to September 30, 2015.
K	Storage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)	Yes
KK	Lead-Acid Battery Manufacturing Plants	Yes
KKK	VOC Equipment Leaks From Onshore Natural Gas Processing Plants	Yes
Ka	Storage Vessels for Petroleum Liquids (After 6/11/73 & Before 5/19/78)	Yes
Kb	Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Stg/Vessels) After 7/23/84	Yes
L	Secondary Lead Smelters	Yes
LL	Metallic Mineral Processing Plants	Yes
LLL	Onshore Natural Gas Processing: SO2 Emissions	Yes
M	Secondary Brass and Bronze Production Plants	Yes
MM	Automobile & Light Duty Truck Surface Coating Operations	Yes
N	Primary Emissions from Basic Oxygen Process Furnaces (Construction Commenced After June 11, 1973)	Yes
NN	Phosphate Manufacturing Plants	Yes
NNN	VOC Emissions from SOCMI Distillation Operations	Yes
Na	Secondary Emissions from Basic Oxygen Process Steelmaking Facilities (Construction Commenced After January 20, 1983)	Yes
O	Sewage Treatment Plants	Yes
OOO	Nonmetallic Mineral Processing Plants	Yes
P	Primary Copper Smelters	Yes
PP	Ammonium Sulfate Manufacture	Yes
Q	Primary Zinc Smelters	Yes
QQ	Graphic Arts Industry: Publication Rotogravure Printing	Yes
QQQ	VOC Emissions From Petroleum Refinery Wastewater Systems	Yes
R	Primary Lead Smelters	Yes
RR	Pressure Sensitive Tape and Label Surface Coating Operations	Yes
RRR	VOC Emissions from SOCMI Reactor Processes	Yes
S	Primary Aluminum Reduction Plants	Yes

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#	Comments
1	Any authority that is not delegable by statute, or specified as non-delegable in a subpart directly, is not delegated - this would include any specific requirements that are specified as not delegable in the General Provisions (Subpart A) and individual Subparts. EPA guidance permits delegation to a State or local agency of all the EPA Administrator's authorities under 40 CFR Part 60 *except* those that require rulemaking to implement, that affect the stringency of the standard, or where national oversight is the only way to ensure national consistency. Statute non-delegable authorities include the following: CAA Section 111(h)(3) Equivalency Determinations - Approval of alternatives to design, equipment, work practice or operational standard [e.g., 40 CFR 60.114(a) and 60.302(d)(3)] is accomplished through the rulemaking process and is adopted as a change to the individual subpart. This authority may not be delegated. CAA Section 111(j) Innovative Technology Waivers - Innovative technology waivers must b e adopted as site-specific amendments to the individual subpart. The authority to grant waivers is not delegated. However, agencies may be delegated the authority to enforce any waivers granted by EPA.
2	The Arkansas Department of Environmental Quality (ADEQ) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through September 14, 1981, except as specifically limited in the rule itself (see footnote 1 above) and excluding the following: Subpart AAA Standards of Performance for New Residential Wood Heaters; Subpart JJJ Standards of Performance for Petroleum Dry Cleaners; Subpart IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines; Subpart JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines; Subpart Dc Standards of Performance for Industrial-Commercial-Institutional Small Steam Generating Units.

Comments

Any authority that is not delegable by statute, or specified as non-delegable in a subpart directly, is not delegated - this would include any specific requirements that are specified as not delegable in the General Provisions (Subpart A) and individual Subparts. EPA guidance permits delegation to a State or local agency of all the EPA Administrator's authorities under 40 CFR Part 60 except those that require rulemaking to implement, that affect the stringency of the standard, or where national oversight is the only way to ensure national consistency. Statute non-delegable authorities include the following:

CAA Section 111(h)(3) Equivalency Determinations - Approval of alternatives to design, equipment, work practice or operational standard [e.g., 40 CFR 60.114(a) and 60.302(d)(3)] is accomplished through the rulemaking process and is adopted as a change to the individual subpart. This authority may not be delegated.

CAA Section 111(j) Innovative Technology Waivers - Innovative technology waivers must b e adopted as site-specific amendments to the individual subpart. The authority to grant waivers is not delegated. However, agencies may be delegated the authority to enforce any waivers granted by EPA.

The Arkansas Department of Environmental Quality (ADEQ) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through September 14, 1981, except as specifically limited in the rule itself (see footnote 1 above) and excluding the following: Subpart AAA Standards of Performance for New Residential Wood Heaters; Subpart JJJ Standards of Performance for Petroleum Dry Cleaners; Subpart IIII Standards of Performance for Stationary Compression Ignition Internal Combustion Engines; Subpart JJJJ Standards of Performance for Stationary Spark Ignition Internal Combustion Engines; Subpart Dc Standards of Performance for Industrial-Commercial-Institutional Small Steam Generating Units.

CAA Program Delegation Status for Arkansas — NSPS Part 60

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