Code of Federal Regulations (alpha)

CFR /  Title 40  /  Part 63  /  Sec. 63.6170 Who implements and enforces this subpart?

(a) This subpart is implemented and enforced by the U.S. EPA or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as the U.S. EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out whether this subpart is delegated to your State, local, or tribal agency.

(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency.

(c) The authorities that will not be delegated to State, local, or tribal agencies are:

(1) Approval of alternatives to the emission limitations or operating limitations in Sec. 63.6100 under Sec. 63.6(g).

(2) Approval of major alternatives to test methods under Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.

(3) Approval of major alternatives to monitoring under Sec. 63.8(f) and as defined in Sec. 63.90.

(4) Approval of major alternatives to recordkeeping and reporting under Sec. 63.10(f) and as defined in Sec. 63.90.

(5) Approval of a performance test which was conducted prior to the effective date of the rule to determine outlet formaldehyde concentration, as specified in Sec. 63.6110(b).