NSPS Part 60

Subpart	Description	ADEQ²	LDEQ³	NMED⁴	ABCAQCB⁵	ODEQ⁶	TCEQ⁷	Non-Delegable Authorities
A	General Provisions	Yes	Yes	Yes	Yes	Yes	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	Yes	Yes	Yes	Yes	Yes
AAA	New Residential Wood Heaters	No	No	No	No	No	No	See Exclusion of Delegation for all R6 States in 54 FR 32444 (Effective Date 07/27/1989) - in addition, this program is implemented on a national level for consistency (OAQPS), so no regional lead necessary for this rule. See NSPS Subpart QQQQ - Amendments to Rule Published on March 16, 2015.
AAAA	Small Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)	No	Yes	Yes	Yes	Yes	Yes
AAa	Steel Plants: Electric Arc Furnaces& Argon-Oxygen Decarburization Vessels After 8/07/83	Yes	Yes	Yes	Yes	Yes	Yes
BB	Kraft Pulp Mills	Yes	Yes	Yes	Yes	Yes	Yes
BBB	Rubber Tire Manufacturing Industry	Yes	Yes	Yes	Yes	Yes	Yes
BBBB	Emission Guidelines & Compliance Times for Small Municipal Waste Combustion (Constructed on or before 8/30/1999)	No	No	No	No	No	No	Subpart BBBB contains emission guidelines and compliance times for Small Municipal Waste Combustion units. They are the basis for State control plans developed in accordance with Sections 111(d) and 129 of the Clean Air Act. Enforcement of these subparts require submission of a plan to EPA for approval. The use of the term ‘‘Administrator’’ refers only to the EPA Administrator.
C	Emission Guidelines & Compliance Times	No	No	No	No	No	No	Subparts C, Cb, Cc, Cd, and Ce are emission guidelines and compliance times for large municipal waste combustors, municipal solid waste landfills, sulfuric acid production units, and hospital/medical/infectious waste units. They are the basis for State control plans developed in accordance with Sections 111(d) and 129 of the Clean Air Act. Enforcement of these subparts require submission of a plan to EPA for approval. The use of the term ‘‘Administrator’’ refers only to the EPA Administrator.
CC	Glass Manufacturing Plants	Yes	Yes	Yes	Yes	Yes	Yes
CCCC	Commercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)	No	Yes	Yes	Yes	Yes	Yes
Cb	Emission Guidelines & Compliance Times (Large Municiple Combustors)	No	No	No	No	No	No	Subparts C, Cb, Cc, Cd, Ce, and Cf are emission guidelines and compliance times for large municipal waste combustors, municipal solid waste landfills, sulfuric acid production units, and hospital/medical/infectious waste units. They are the basis for State control plans developed in accordance with Sections 111(d) and 129 of the Clean Air Act. Enforcement of these subparts require submission of a plan to EPA for approval. The use of the term ‘‘Administrator’’ refers only to the EPA Administrator.
Cc	Emission Guidelines & Compliance Times (Municiple Solid Waste Landfills)	No	No	No	No	No	No	Subparts C, Cb, Cc, Cd, Ce, and Cf are emission guidelines and compliance times for large municipal waste combustors, municipal solid waste landfills, sulfuric acid production units, and hospital/medical/infectious waste units. They are the basis for State control plans developed in accordance with Sections 111(d) and 129 of the Clean Air Act. Enforcement of these subparts require submission of a plan to EPA for approval. The use of the term ‘‘Administrator’’ refers only to the EPA Administrator.
Cd	Emission Guidelines & Compliance Times (Sulfuric Acid Production Units)	No	No	No	No	No	No	Subparts C, Cb, Cc, Cd, Ce, and Cf are emission guidelines and compliance times for large municipal waste combustors, municipal solid waste landfills, sulfuric acid production units, and hospital/medical/infectious waste units. They are the basis for State control plans developed in accordance with Sections 111(d) and 129 of the Clean Air Act. Enforcement of these subparts require submission of a plan to EPA for approval. The use of the term ‘‘Administrator’’ refers only to the EPA Administrator.
Ce	Emission Guidelines & Compliance Times (Hospital/Medical/Infectious Waste Incinerators)	No	No	No	No	No	No	Subparts C, Cb, Cc, Cd, Ce, and Cf are emission guidelines and compliance times for large municipal waste combustors, municipal solid waste landfills, sulfuric acid production units, and hospital/medical/infectious waste units. They are the basis for State control plans developed in accordance with Sections 111(d) and 129 of the Clean Air Act. Enforcement of these subparts require submission of a plan to EPA for approval. The use of the term ‘‘Administrator’’ refers only to the EPA Administrator.

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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.
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.
The New Mexico Environment Department (NMED) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through January 15, 2017, 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 and Subpart QQQQ Standards of Performance for New Residential Hydronic Heaters and Forced-Air Furnaces.
The Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) has been delegated all Part 60 standards promulgated by EPA, as amended in the Federal Register through September 13, 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.
The Oklahoma Department of Environmental Quality (ODEQ) has received full automatic delegation for all existing and future Part 60 NSPS, effective 03/25/1982 (47 FR 17285), 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.
The Texas Commission on Environmental Quality (TCEQ) has received full automatic delegation for all existing and future Part 60 NSPS, effective 12/28/1982 (48 FR 20693), 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.