CAA Program Delegation Status for Region 6 States — NESHAP Part 61

    SubpartDescriptionADEQ2LDEQ3NMED4ABCAQCB5ODEQ6TCEQ7Non-Delegable Authorities
    AGeneral ProvisionsYesYesYesYesYesYes
    See Note 1 for NESHAP Part 61, for explanation of delegation authorities, as well as the following specific references:
    § 61.04(b) Addresses of State and Local Implementing Agencies
    § 61.11 Waiver of Compliance {not listed under 40 CFR 61.04(c)(ii)}
    § 61.12(d)(1) Compliance with Standard and Maintenance Requirements, Alternate Means of Emission Limitation
    § 61.13(h)(1)(ii)  Major Changes to an Emission Test
    §§ 61.14(d) and (g)(1)(ii) Major Modifications to Monitoring Requirements
    § 61.16 Availability of Information Procedures
     
    BRadon Emissions from Underground Uranium MinesNoNoNoNoNoNo
    BBBenzene (Transfer Operations)YesYesYesYesYesYes
    CBerylliumYesYesYesYesYesYes
    DBeryllium (Rocket Motor Firing)YesYesYesYesYesYes
    EMercuryYesYesYesYesYesYes
    61.53(c)(4) List of approved Design, Maintenance, and Housekeeping Practices for Mercury Chlor-Alkali Plants.
     
    FVinyl ChlorideYesYesYesYesYesYes
    FFBenzene (Wastewater Operations)YesYesYesYesYesYes
    HDept. of Energy (DOE) Facilities (other than Radon)NoNoNoNoNoNo
    IFacilities Licensed by NRC & Federal Facilities Not Covered by Subpart HNoNoNoNoNoNo
    JBenzene (Equipment Leaks Fugitives)YesYesYesYesYesYes
    KElemental Phosphorus PlantsNoNoNoNoNoNo
    LBenzene (Coke By-Product Plants)YesYesYesYesYesYes
    MAsbestosYesYesYesYesYesYes

    Comment - the state/local health departments usually have the delegated authority for abatement/demolition activities.

    NInorganic Arsenic (Glass Manufac.)YesYesYesYesYesYes
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    Notes

    #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.  The original authority on which the Part 61 NESHAP delegations were based [CAA section 112(d)(1)] was removed in the 1990 CAA Amendments and replaced by CAA section 112(l).  Since Part 63 Subpart E now implements CAA section 112(l),  any revisions to existing Part 61 delegations would follow Part 63 Subpart E; authorities which may not be delegated include the following Part 63 General Provisions (Subpart A):

         §63.6(g) Approval of Alternative Non-Opacity Emission Standards
         §63.6(h)(9) Approval of Alternative Opacity Standards
         §63.7(3)(2)(ii) and (f)  Approval of Major Alternatives to Test Methods
         §63.8(f)  Approval of Major Alternatives to Monitoring
         §63.10(f)  Approval of Major Alternatives to Recordkeeping and Reporting
    2

    The Arkansas Department of Environmental Quality (ADEQ) received delegation of Part 61 NESHAP via SIP Approval dated 01/14/1982, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides:  B, H, I, K, Q, R, T, and W.

    3

    The Louisiana Department of Environmental Quality (LDEQ) has been delegated those Part 61 standards promulgated by EPA, as amended in the Federal Register through July 1, 2013, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides:  B, H, I, K, Q, R, T, and W.

    4

    The New Mexico Environment Department (NMED) has been delegated those Part 61 standards promulgated by EPA, as amended in the Federal Register through January 15, 2017, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides:  B, H, I, K, Q, R, T, and W.

    5

    The Albuquerque-Bernalillo County Air Quality Control Board has been delegated those Part 61 standards promulgated by EPA, as amended in the Federal Register through September 13, 2013, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides:  B, H, I, K, Q, R, T, and W.

    6

    The Oklahoma Department of Environmental Quality (ODEQ) adopted those Part 61 standards, as approved in the Federal Register effective September 1, 2004, with the exception of the following Subparts pertaining to emission standards for certain Radionuclides:  B, H, I, K, Q, R, T, and W.

    7

    The Texas Commission on Environmental Quality (TCEQ) has received full automatic delegation for all existing and future Part 61 NESHAP, effective 12/28/1982 (48 FR 20693), with the exception of the following Subparts pertaining to emission standards for certain Radionuclides:  B, H, I, K, Q, R, T, and W.

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