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 Louisiana Department of Environmental Quality (LDEQ) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through July 1, 2013, 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.