CAA Program Delegation Status for Region 6 States — NSPS Part 60

SubpartDescriptionADEQ2LDEQ3NMED4ABCAQCB5ODEQ6TCEQ7Non-Delegable Authorities
AGeneral ProvisionsYesYesYesYesYesYes
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.)‚Äč
§ 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’’.
AASteel Plants: Electric Arc Furnaces After 10/21/74 & On or Before 8/17/83YesYesYesYesYesYes
AAANew Residential Wood HeatersNoNoNoNoNoNo

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.

AAAASmall Municipal Waste Combustion Units (Construction is Commenced After 8/30/99 or Modification/Reconstruction is Commenced After 6/06/2001)NoYesYesYesYesYes
AAaSteel Plants: Electric Arc Furnaces& Argon-Oxygen Decarburization Vessels After 8/07/83YesYesYesYesYesYes
BBKraft Pulp MillsYesYesYesYesYesYes
BBBRubber Tire Manufacturing IndustryYesYesYesYesYesYes
BBBBEmission Guidelines & Compliance Times for Small Municipal Waste Combustion (Constructed on or before 8/30/1999)NoNoNoNoNoNo

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.

CEmission Guidelines & Compliance TimesNoNoNoNoNoNo
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.
CCGlass Manufacturing PlantsYesYesYesYesYesYes
CCCCCommercial & Industrial Solid Waste Incineration Units (Construction is Commenced After 11/30/1999 or Modification/Reconstruction is Commenced on or After 6/01/2001)NoYesYesYesYesYes
CbEmission Guidelines & Compliance Times (Large Municiple Combustors)NoNoNoNoNoNo

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.

CcEmission Guidelines & Compliance Times (Municiple Solid Waste Landfills)NoNoNoNoNoNo

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.

CdEmission Guidelines & Compliance Times (Sulfuric Acid Production Units)NoNoNoNoNoNo

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.

CeEmission Guidelines & Compliance Times (Hospital/Medical/Infectious Waste Incinerators)NoNoNoNoNoNo

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.

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Notes

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.