Any authority that is not delegable by statute, or specified as non-delegable in a subpart directly, is not delegated - this includes Category II General Provisions (Subpart A) authorities, set forth in 40 CFR § 63.91(g)(2):
§63.6(g) Approval of Alternative Non-Opacity Emission Standards
§63.6(h)(9) Approval of Alternative Opacity Standards
§63.7(e)(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
Amendments made to a rule after adoption by a State Agency are not delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. State authority delegation does not apply to sources located in Indian Country. For those authorities that cannot be delegated, see certain general provisions listed in item 1 and also specific parts of some standards as stated in each specific standard. See also Subpart E, Approval of State Programs and Delegation of Federal Authorities - specifically, 40 CFR § 63.90(d) provides for authorities retained by EPA's Administrator.
MACT Standards delegated unchanged to the Arkansas Department of Environmental Quality (ADEQ) apply only to sources subject to the Part 70 program; ADEQ’s authority to implement and enforce a delegated Part 63 standard is effective when the standard is incorporated into the source’s Title V (Part 70) Operating Permit. ADEQ's delegation authority is limited in accordance with delegable authorities specified in statute and specific regulations, as well as all of the conditions and limitations set forth in the Memorandum of Agreement, dated September 17, 2014, entered into between the ADEQ and EPA Region 6 regarding section 112 CAA implementation. See Federal Register Volume 79, No. 218, Wednesday, November 12, 2014.
Federal Rules Adopted by Louisiana Department of Environmental Quality (LDEQ) for all sources (both part 70 and non-part 70 sources), unchanged as of July 1, 2013.
Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended in the Federal Register through January 15, 2017.
Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by EPA, as amended in the Federal Register through September 13, 2013.
Program delegated to Oklahoma Department of Environmental Quality (ODEQ) for standards promulgated by EPA, as amended in the Federal Register through September 1, 2006.
Program delegated to Texas Commission on Environmental Quality (TCEQ) for standards promulgated by EPA as amended in the Federal Register through April 24, 2013. Please note that Affected Sources within Texas shall comply with the federal requirements of 40 CFR Part 63, Subpart A (General Provisions), adopted by reference by TCEQ, with the exception of the following alternative provisions (requirements established at Texas Administrative Code, Title 30, Part 1, Chapter 113, Subchapter C, Section 113.100):
§63.6(i)(13)(i) and (ii)