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Electronic Code of Federal Regulations

e-CFR Data is current as of October 23, 2014

Title 40Chapter ISubchapter CPart 63 → Subpart E


Title 40: Protection of Environment
PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES


Subpart E—Approval of State Programs and Delegation of Federal Authorities


Contents
§63.90   Program overview.
§63.91   Criteria for straight delegation and criteria common to all approval options.
§63.92   Approval of State requirements that adjust a section 112 rule.
§63.93   Approval of State requirements that substitute for a section 112 rule.
§63.94   Approval of State permit terms and conditions that substitute for a section 112 rule.
§63.95   Additional approval criteria for accidental release prevention programs.
§63.96   Review and withdrawal of approval.
§63.97   Approval of a State program that substitutes for section 112 requirements.
§63.98   [Reserved]
§63.99   Delegated Federal authorities.

§63.90   Program overview.

The regulations in this subpart establish procedures consistent with section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This subpart establishes procedures for the approval of State rules, programs, or other requirements such as permit terms and conditions to be implemented and enforced in place of certain otherwise applicable section 112 Federal rules, emission standards, or requirements (including section 112 rules promulgated under the authority of the Act prior to the 1990 Amendments to the Act). The authority to implement and enforce section 112 Federal rules as promulgated without changes may be delegated under procedures established in this subpart. In this process, States may seek approval of a State mechanism for receiving delegation of existing and future unchanged Federal section 112 standards. This subpart clarifies which part 63, subpart A General Provisions authorities can be delegated to States. This subpart also establishes procedures for the review and withdrawal of section 112 implementation and enforcement authorities delegated through this subpart. This subpart also establishes procedures for the approval of State rules or programs to establish limitations on the potential to emit pollutants listed in or pursuant to section 112(b) of the Act.

(a) Definitions. The following definitions apply to this subpart.

Alternative requirements means the requirements, rules, permits, provisions, methods, or other enforceable mechanisms that a State submits for approval under this subpart or subpart A and, after approval, replaces the otherwise applicable Federal section 112 requirements, provisions, or methods.

Applicability criteria means the regulatory criteria used to define all affected sources subject to a specific section 112 rule.

Approval means a determination by the Administrator that a State rule, program, or requirement meets the criteria of §63.91 and the additional criteria of either §63.92, §63.93, §63.94, or §63.97 as appropriate. For accidental release prevention programs, the criteria of §63.95 must be met in addition to the criteria of §63.91. This is considered a “full approval” for the purposes of this subpart. Partial approvals may also be granted as described in this subpart. Any approved requirements become applicable requirements under §70.2 of this chapter.

Compliance and enforcement measures means requirements relating to compliance and enforcement, including but not necessarily limited to monitoring methods and procedures, recordkeeping, reporting, plans, inspection, maintenance, and operation requirements, pollution prevention requirements, noticing, field inspections, entry, sampling, or accidental release prevention oversight.

Intermediate change to monitoring means a modification to federally required monitoring involving “proven technology” (generally accepted by the scientific community as equivalent or better) that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, an intermediate change may set a national precedent for a source category and may ultimately result in a revision to the federally required monitoring. Examples of intermediate changes to monitoring include, but are not limited to:

(1) Use of a continuous emission monitoring system (CEMS) in lieu of a parameter monitoring approach;

(2) Decreased frequency for non-continuous parameter monitoring or physical inspections;

(3) Changes to quality control requirements for parameter monitoring; and

(4) Use of an electronic data reduction system in lieu of manual data reduction.

Intermediate change to test method means a within-method modification to a federally enforceable test method involving “proven technology” (generally accepted by the scientific community as equivalent or better) that is applied on a site-specific basis and that may have the potential to decrease the stringency of the associated emission limitation or standard. Though site-specific, an intermediate change may set a national precedent for a source category and may ultimately result in a revision to the federally enforceable test method. In order to be approved, an intermediate change must be validated according to EPA Method 301 (Part 63, Appendix A) to demonstrate that it provides equal or improved accuracy and precision. Examples of intermediate changes to a test method include, but are not limited to:

(1) Modifications to a test method's sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix, and use of a different impinger absorbing solution;

(2) Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest; and

(3) “Combining” a federally required method with another proven method for application to processes emitting multiple pollutants.

Level of control means the degree to which a rule, program, or requirement limits emissions or employs design, equipment, work practice, or operational standards, accident prevention, or other requirements or techniques (including a prohibition of emissions) for:

(1)(i) Each hazardous air pollutant, if individual pollutants are subject to emission limitations, and

(ii) The aggregate total of hazardous air pollutants, if the aggregate grouping is subject to emission limitations, provided that the rule, program, or requirement would not lead to an increase in risk to human health or the environment; and

(2) Each substance regulated under part 68 of this chapter.

(3) Test methods and associated procedures and averaging times are integral to the level of control.

Local agency means a local air pollution control agency or, for the purposes of §63.95, any local agency or entity having responsibility for preventing accidental releases which may occur at a source regulated under part 68 of this chapter.

Major change to monitoring means a modification to federally required monitoring that uses “unproven technology or procedures” (not generally accepted by the scientific community) or is an entirely new method (sometimes necessary when the required monitoring is unsuitable). A major change to monitoring may be site-specific or may apply to one or more source categories and will almost always set a national precedent. Examples of major changes to monitoring include, but are not limited to:

(1) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation;

(2) Use of a predictive emission monitoring system (PEMS) in place of a required continuous emission monitoring system (CEMS);

(3) Use of alternative calibration procedures that do not involve calibration gases or test cells;

(4) Use of an analytical technology that differs from that specified by a performance specification;

(5) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system, or continuous parameter monitoring system;

(6) Decreased monitoring frequency for a leak detection and repair program; and

(7) Use of alternative averaging times for reporting purposes.

Major change to recordkeeping/reporting means:

(1) A modification to federally required recordkeeping or reporting that:

(i) May decrease the stringency of the required compliance and enforcement measures for the relevant standards;

(ii) May have national significance (e.g., might affect implementation of the applicable regulation for other affected sources, might set a national precedent); or

(iii) Is not site-specific.

(2) Examples of major changes to recordkeeping and reporting include, but are not limited to:

(i) Decreases in the record retention for all records;

(ii) Waiver of all or most recordkeeping or reporting requirements;

(iii) Major changes to the contents of reports; or

(iv) Decreases in the reliability of recordkeeping or reporting (e.g., manual recording of monitoring data instead of required automated or electronic recording, or paper reports where electronic reporting may have been required).

Major change to test method means a modification to a federally enforceable test method that uses “unproven technology or procedures” (not generally accepted by the scientific community) or is an entirely new method (sometimes necessary when the required test method is unsuitable). A major change to a test method may be site-specific, or may apply to one or more sources or source categories, and will almost always set a national precedent. In order to be approved, a major change must be validated according to EPA Method 301 (part 63, appendix A). Examples of major changes to a test method include, but are not limited to:

(1) Use of an unproven analytical finish;

(2) Use of a method developed to fill a test method gap;

(3) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation; and

(4) Combining two or more sampling/analytical methods (at least one unproven) into one for application to processes emitting multiple pollutants.

Minor change to monitoring means:

(1) A modification to federally required monitoring that:

(i) Does not decrease the stringency of the compliance and enforcement measures for the relevant standard;

(ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the monitoring requirements); and

(iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source.

(2) Examples of minor changes to monitoring include, but are not limited to:

(i) Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements;

(ii) Increased monitoring frequency; and

(iii) Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation.

Minor change to recordkeeping/reporting means:

(1) A modification to federally required recordkeeping or reporting that:

(i) Does not decrease the stringency of the compliance and enforcement measures for the relevant standards;

(ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the recordkeeping or reporting requirement); and

(iii) Is site-specific.

(2) Examples of minor changes to recordkeeping or reporting include, but are not limited to:

(i) Changes to recordkeeping necessitated by alternatives to monitoring;

(ii) Increased frequency of recordkeeping or reporting, or increased record retention periods;

(iii) Increased reliability in the form of recording monitoring data, e.g., electronic or automatic recording as opposed to manual recording of monitoring data;

(iv) Changes related to compliance extensions granted pursuant to §63.6(i);

(v) Changes to recordkeeping for good cause shown for a fixed short duration, e.g., facility shutdown;

(vi) Changes to recordkeeping or reporting that is clearly redundant with equivalent recordkeeping/reporting requirements; and

(vii) Decreases in the frequency of reporting for area sources to no less than once a year for good cause shown, or for major sources to no less than twice a year as required by title V, for good cause shown.

Minor change to test method means:

(1) A modification to a federally enforceable test method that:

(i) Does not decrease the stringency of the emission limitation or standard;

(ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the test method); and

(iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source.

(2) Examples of minor changes to a test method include, but are not limited to:

(i) Field adjustments in a test method's sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix; and

(ii) Changes in recovery and analytical techniques such as a change in quality control/quality assurance requirements needed to adjust for analysis of a certain sample matrix.

Partial approval means that the Administrator approves under this subpart:

(1) A State's legal authorities that fully meet the criteria of §63.91(d)(3)(ii)-(v), and substantially meet the criteria of §63.91(d)(3)(i) as appropriate; or

(2) A State rule or program that meets the criteria of §63.92, §63.93, §63.94, §63.95, or §63.97 with the exception of a separable portion of that State rule or program which fails to meet those criteria. A separable portion of a State rule or program is defined as a section(s) of a rule or a portion(s) of a program which can be acted upon independently without affecting the overall integrity of the rule or program as a whole.

Program means, for the purposes of an approval under this subpart, a collection of State authorities, resources, and other requirements that satisfy the criteria of this subpart and subpart A.

State agency, for the purposes of this subpart, includes State and local air pollution agencies, Indian tribes as defined in §71.2 of this chapter, and territories of the United States to the extent they are or will be delegated Federal section 112 rules, emission standards, or requirements.

Stringent or stringency means the degree of rigor, strictness or severity a statute, rule, emission standard, or requirement imposes on an affected source as measured by the quantity of emissions, or as measured by parameters relating to rule applicability and level of control, or as otherwise determined by the Administrator.

Title V operating permit programs means the part 70 permitting program and the delegated Indian tribal programs under part 70 of this chapter.

(b) Local agency coordination with State and territorial agencies. Local agencies submitting a rule or program for approval under this subpart shall consult with the relevant State or Territorial agency prior to making a request for approval to the Administrator. A State or Territorial agency may submit requests for approval on behalf of a local agency after consulting with that local agency.

(c) Tribal authority. A tribal authority may submit a rule or program under this subpart, provided that the tribal authority has received approval, under the provisions of part 49 of this chapter, for administering Federal rules under section 112 of the Act.

(d) Authorities retained by the Administrator. (1) The following authorities will be retained by the Administrator and will not be delegated:

(i) The authority to add or delete pollutants from the list of hazardous air pollutants established under section 112(b);

(ii)-(iii) [Reserved]

(iv) The authority to add source categories to or delete source categories from the Federal source category list established under section 112(c)(1) or to subcategorize categories on the Federal source category list after proposal of a relevant emission standard;

(v) The authority to revise the source category schedule established under section 112(e) by moving a source category to a later date for promulgation; and

(vi) Any other authorities determined to be nondelegable by the Administrator.

(2) Nothing in this subpart shall prohibit the Administrator from enforcing any applicable rule, emission standard or requirement established under section 112.

(3) Nothing in this subpart shall affect the authorities and obligations of the Administrator or the State under title V of the Act or under regulations promulgated pursuant to that title.

(e) Federally-enforceable requirements. All rules, programs, State or local permits, or other requirements approved under this subpart and all resulting part 70 operating permit conditions are enforceable by the Administrator and by citizens under the Act.

(f) Standards not subject to modification or substitution. With respect to radionuclide emissions from licensees of the Nuclear Regulatory Commission or licensees of Nuclear Regulatory Commission Agreement States which are subject to part 61, subparts I, T, or W of this chapter, a State may request that the EPA approve delegation of implementation and enforcement of the Federal standard pursuant to §63.91, but no changes or modifications in the form or content of the standard will be approved pursuant to §63.92, §63.93, §63.94, or §63.97.

(g) Selection of delegation options. (1) With the exception of paragraphs (g)(2) and (g)(3) of this section, States may only submit requests for approval of alternative requirements for a section 112 Federal rule, emission standard, or other requirement under a single delegation option under this subpart.

(2) In the case of §63.94 submittals, if the identified sources in any source category comprise a subset of the sources in that category, the State must accept delegation under one other section of this subpart for the remainder of the sources in that category that are required to be permitted by the State under part 70 of this chapter.

(3) If the Administrator partially approves the State request per §63.91(f), the State may submit a request for the remaining section 112 rules, emission standards, or requirements in that category under another section of this subpart.

[65 FR 55835, Sept. 14, 2000]

§63.91   Criteria for straight delegation and criteria common to all approval options.

(a) Applicable approval criteria. A State must satisfy the criteria in paragraph (d) of this section for up-front approval to obtain delegation of the Federal section 112 rules, emission standards, or requirements. Once a State has demonstrated it meets the criteria in paragraph (d) of this section, it only needs to reference that demonstration and reaffirm that it still meets the criteria in future submittals. In addition, a State must satisfy the applicable approval criteria in §63.92, §63.93, §63.94, §63.95, or §63.97, as specified in the following paragraphs.

(1) Unchanged Federal section 112 rules (“straight delegation”). To obtain approval of State programs to implement and enforce Federal section 112 rules as promulgated without changes (except for accidental release programs, described in paragraph (a)(4) of this section), only the criteria of paragraph (d) of this section must be met. This includes State requests for one-time approval of their mechanism for taking delegation of future unchanged Federal section 112 rules, emission standards, and requirements as well as approval to implement and enforce unchanged Federal section 112 rules, emission standards, and requirements on a rule-by-rule basis.

(2) State rules, programs, or requirements that are different from the Federal rule. To obtain approval under this subpart of a rule, program, or requirement that is different from the Federal section 112 rule, emission standard, or requirement, the criteria of paragraph (d) of this section and the criteria of either §63.92, §63.93, §63.94, or §63.97 must be met.

(3) Separable portions of State rules, programs, or requirements (“partial approval”). To obtain partial approval under this subpart, a State request must meet the criteria in paragraphs (d) and (f) of this section.

(4) Programs under part 68 of this chapter, prevention of accidental releases. For approval of State rules or programs to implement and enforce the Federal accidental release prevention program in part 68 of this chapter, as promulgated without changes, the provisions of paragraph (d) of this section, and §63.95 must be met. For approval of alternative requirements, the provisions of either §63.92 or §63.93 must also be met.

(5) Limits on the potential to emit section 112 pollutants. The Administrator may, under the authority of section 112(l) and this subpart, also approve a State program designed to establish limits on the potential to emit hazardous air pollutants listed pursuant to section 112 of the Act.

(b) Approval process. When a State submits an initial request for approval, and except as otherwise specified under §63.92, §63.93, §63.94, §63.95, or §63.97, for a State's subsequent requests for approval, the approval process will be as shown in the following table:

If .  .  . Then .  .  . And then .  .  .
(1) A request for approval is receivedthe Administrator will review the request for approval and determine whether the request is complete according to the criteria in this subpartif a request is incomplete, the Administrator will notify the State of the specific deficient elements of the request.
(2) A complete request for approval is receivedthe Administrator will seek public comment for a minimum of 30 days through a Federal Register notice on the State's request for approvalthe Administrator will require that comments be submitted concurrently to the State.
(3) A complete request for approval is received and there has been a period of public commentthe Administrator will either approve, partially approve, or disapprove the State rule, program, or requirement within 180 days of receipt of a complete request
(4) The Administrator finds that all of the criteria of this section are met and all of the criteria of §63.92, §63.93, §63.94, §63.95, or §63.97 are metthe Administrator will approve or partially approve the State rule, program, or requirementthe Administrator will publish it in the Federal Register, and incorporate it directly or by reference, in the appropriate subpart of part 63. Requirements approved under §63.95 will be incorporated pursuant to requirements under part 68 of this chapter.
(5) The Administrator finds that any of the criteria of this section are not met, or any of the criteria of §63.92, §63.93, §63.94, §63.95, or §63.97 under which the request for approval was made are not metthe Administrator will notify the State of any revisions or additions necessary to obtain approvalany resubmittal by a State of a request for approval will be considered a new request under this subpart.
(6) A State rule, program, or requirement is disapprovedunless the State can revise the submittal to meet the criteria, the Administrator will disapprove the State rule, program, or requirementthe Administrator will publish the disapproval in the Federal Register.

(c) Enforcement. (1) Approval of the alternative rule, program, or requirement delegates to the State the authority to implement and enforce the approved rule, program, or requirement in lieu of the otherwise applicable Federal section 112 rule, emission standard, or requirement.

(i) The approved State rule, program, or requirement shall be federally enforceable from the date the Administrator signs the approval, with two exceptions. For States that implement unchanged Federal requirements (§63.91, straight delegation) via their title V permit program, and for States using the equivalency by permit option (63.94), the approved requirements shall be federally enforceable on the date of issuance or revision of the title V permit.

(ii) In the case of a partial approval under paragraph (f)(1) of this section, only those authorities of the State request found to meet the requirements of this section will be approved; the remaining Federal authorities will be implemented and enforced by EPA.

(iii) For partial approvals under paragraph (f)(3) of this section, only the portion of the State rule that is approved will be federally enforceable; the remainder continues to be State enforceable only.

(2) When a State rule, program, or requirement is approved by the Administrator under this subpart, applicable title V permits shall be revised according to the provisions of §70.7(f) of this chapter.

(i) Each permit shall specify the origin of the alternative conditions per §70.6 (a)(i) of this chapter and specifically reference the Federal Register notice or other EPA approval mechanism in the permit.

(ii) When approved alternative requirements are incorporated in a permit, those requirements must be clearly identified and carried forward in any subsequent permit revisions or renewals. If the permit is not renewed, or if a revision or renewal does not carry the alternate requirements forward, then the Federal section 112 requirements become the applicable requirements.

(3) If approval is withdrawn under §63.96, all otherwise applicable Federal rules and requirements shall be enforceable in accordance with the compliance schedule established in the withdrawal notice and relevant title V permits shall be revised according to the provisions of §70.7(f) of this chapter.

(d) Criteria for approval. (1) Any request for approval under this subpart shall meet all section 112(l) approval criteria specified by the otherwise applicable Federal section 112 rule, emission standard, or requirement, all of the approval criteria of this section, and any additional approval criteria in §63.92, §63.93, §63.94, §63.95, or §63.97.

(2) Once a State has satisfied the §63.91(d) up-front approval requirements, it only needs to reference the previous demonstration and reaffirm that is still meets the criteria for any subsequent equivalency submittals.

(3) Interim or final title V program approval will satisfy the criteria set forth in §63.91(d), up-front approval criteria. Alternatively, the State must provide the following items in paragraphs (d)(3)(i) through (v) of this section to the Administrator:

(i) A written finding by the State Attorney General (or for a local agency or tribal authority, the General Counsel with full authority to represent the local agency or tribal authority) that the State has the necessary legal authority to implement and to enforce the State rule, program, or requirement upon approval and to assure compliance by all sources within the State with each applicable section 112 rule, emission standard, or requirement. For full approval, the State must have the following legal authorities concerning enforcement and compliance assurance:

(A) The State shall have enforcement authorities that meet the requirements of §70.11 of this chapter, except that tribal authorities shall have enforcement authorities that meet the requirements of part 49 of this chapter, the Tribal Air Rule.

(B) The State shall have authority to request information from regulated sources regarding their compliance status.

(C) The State shall have authority to inspect sources and any records required to determine a source's compliance status.

(D) If a State delegates authorities to a local agency, the State must retain enforcement authority unless the local agency has authorities that meet the requirements of §70.11 of this chapter.

(ii) A copy of State statutes, regulations, and requirements that contain the appropriate provisions granting authority to implement and enforce the State rule, program, or requirement upon approval.

(iii) A demonstration that the State has adequate resources to implement and enforce all aspects of the rule, program, or requirement upon approval (except for authorities explicitly retained by the Administrator, such as those pursuant to paragraph (f) of this section or pursuant to part 49 of this chapter), which includes:

(A) A description in narrative form of the scope, structure, coverage, and processes of the State program.

(B) A description of the organization and structure of the agency or agencies that will have responsibility for administering the program.

(C) A description of the agency's capacity to carry out the State program, including the number, occupation, and general duties of the employees.

(iv) A schedule demonstrating expeditious State implementation of the rule, program, or requirement upon approval.

(v) A plan that assures expeditious compliance by all sources subject to the State rule, program, or requirement upon approval. The plan should include, at a minimum, a complete description of the State's compliance tracking and enforcement program, including but not limited to inspection strategies.

(4) If any of the State documents that are required to support an approval under this subpart are readily available to the EPA and to the public, the State may cite the relevant portions of the documents or indicate where they are available (e.g., by providing an Internet address) rather than provide copies.

(5) Electronic documents. Submission of electronic documents shall comply with the requirements of 40 CFR part 3—(Electronic reporting).

(e) Revisions. Within 90 days of any State amendment, repeal, or revision of any State rule, program, permit, or other requirement approved as an alternative to a Federal requirement or part of the authority necessary for the up-front approval, the State must provide the Administrator with a copy of the revised authorities and meet the requirements of either paragraph (e)(1) or (e)(2) of this section.

(1)(i) The State shall provide the Administrator with a written finding by the State Attorney General (or for a local agency or tribal authority, the General Counsel with full authority to represent the local agency or tribal authority) that the State's revised legal authorities are adequate to continue to implement and to enforce all previously approved State rules and the approved State program (as applicable) and adequate to continue to assure compliance by all sources within the State with approved rules, the approved program, the approved permit, or other requirements (as applicable) and each applicable section 112 rule, emission standard, or requirement.

(ii) If the Administrator determines that the written finding is not adequate, the State shall request approval of the revised rule, program, permit, or other requirement according to the provisions of paragraph (e)(2) of this section.

(2) The State shall request approval under this subpart for any revised rule, program, permit, or other requirement.

(i) If the Administrator approves the revised rule, program, permit, or other requirement, the revision will replace the previously approved rule, program, permit, or other requirement.

(ii) If the Administrator disapproves the revised rule, program, permit, or other requirement, the Administrator will initiate procedures under §63.96 to withdraw approval of any previously approved rule, program, permit, or other requirement that may be affected by the revised authorities.

(iii) Until such time as the Administrator approves or withdraws approval of a revised rule, program, permit, or other requirement, the previously approved rule, program, permit, or requirement remains federally enforceable and the revision is not federally enforceable.

(3) If the EPA amends, or otherwise revises a promulgated section 112 rule or requirement in a way that increases its stringency, the EPA will notify any State which has received delegation under this subpart of the need to revise their equivalency demonstration.

(i) The EPA Regional Office will consult with the affected State(s) to set a time frame for the State(s) to submit a revised equivalency demonstration.

(ii) The revised equivalency demonstration will be reviewed and approved or disapproved according to the procedures set forth in this section and §63.91, §63.92, §63.93, §63.94, §63.95, or §63.97, whichever are applicable.

(f) Partial approval. The partial approval process under this subpart is described in the following table:

If .  .  . Then .  .  . And .  .  .
(1) A State's legal authorities submitted under this subpart substantially meet the requirements of paragraph (d)(3)(i) of this section, but are not fully approvablethe Administrator may grant a partial approval with the State's consentThe EPA will continue to implement and enforce those authorities under paragraph (d)(3)(i) of this section that are not approved.
(2) Any of the other requirements in paragraphs (d)(3)(ii)-(v) of this section are not approvablethe Administrator will disapprove the submittal
(3) A rule, requirement, or program submitted under this subpart meets the requirements of §63.92, §63.93, §63.94, §63.95, or §63.97 as appropriate, with the exception of a separable portion of that rule, requirement, or programthe Administrator may remove that separable portion with the State's consentthe Administrator may then grant a partial approval of the portion of the rule, requirement, or program that meets the requirements of this subpart.
(4) the Administrator determines that there are too many areas of deficiency or that separating the responsibilities between Federal and State government would be too cumbersome and complexthe Administrator may disapprove the submittal in its entirety

(g) Subpart A, Delegable authorities. A State may exercise certain authorities granted to the Administrator under subpart A, but may not exercise others, according to the following criteria:

(1) A State may ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category I”, in paragraph (g)(1)(i) of this section. The EPA Regional Office will delegate any such authorities at their discretion.

(i) “Category I” shall consist of the following authorities:

Category I Authorities

(A) Section 63.1, Applicability Determinations

(B) Section 63.6(e), Operation and Maintenance Requirements—Responsibility for Determining Compliance

(C) Section 63.6(f), Compliance with Non-Opacity Standards—Responsibility for Determining Compliance

(D) Section 63.6(h), Compliance with Opacity and Visible Emissions Standards—Responsibility for Determining Compliance

(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans

(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods

(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods

(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors

(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing

(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) Test Plans

(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring

(L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring

(M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports

(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and Reporting

(O) Section 63.7(a)(4), Extension of Performance Test Deadline

(ii) The State must maintain a record of all approved alternatives to all monitoring, testing, recordkeeping, and reporting requirements and provide this list of alternatives to its EPA Regional Office at least semi-annually, or on a more frequent basis if requested by the Regional Office. The Regional Office may audit the State-approved alternatives and disapprove any that it determines are inappropriate, after discussion with the State. If changes are disapproved, the State must notify the source that it must revert to the original applicable monitoring, testing, recordkeeping, and/or reporting requirements (either those requirements of the original section 112 requirement, the alternative requirements approved under this subpart, or the previously approved site-specific alternative requirements). Also, in cases where the source does not maintain the conditions which prompted the approval of the alternatives to the monitoring, testing, recordkeeping, and/or reporting requirements, the State (or EPA Regional Office) must require the source to revert to the original monitoring, testing, recordkeeping, and reporting requirements, or more stringent requirements, if justified.

(2)(i) A State may not ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category II” in paragraph (g)(2)(ii) of this section.

(ii) “Category II” shall consist of the following authorities:

Category II Authorities

(A) Section 63.6(g), Approval of Alternative Non-Opacity Emission Standards

(B) Section 63.6(h)(9), Approval of Alternative Opacity Standards

(C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods

(D) Section 63.8(f), Approval of Major Alternatives to Monitoring

(E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting

[65 FR 55837, Sept. 14, 2000, as amended at 70 FR 59887, Oct. 13, 2005; 72 FR 27443, May 16, 2007]

§63.92   Approval of State requirements that adjust a section 112 rule.

Under this section a State may seek approval of State requirements that make pre-approved adjustments to a Federal section 112 rule, emission standard, or requirement that are unambiguously no less stringent than the Federal rule, emission standard, or requirement.

(a) Approval process. (1) If the Administrator finds that the criteria of this section and the criteria of §63.91 are met, the Administrator will approve the State requirements, publish them in the Federal Register, and incorporate them, directly or by reference, in the appropriate subpart of part 63, without additional notice and opportunity for comment. Requirements approved under §63.95 will be incorporated pursuant to requirements under part 68 of this chapter.

(2) If the Administrator finds that any one of the State adjustments to the Federal rule is in any way ambiguous with respect to the stringency of applicability, level of control, compliance and enforcement measures, or the compliance date for any affected source or emission point, the Administrator will either disapprove the State request or consider the request under §63.93.

(3) Within 60 days of receiving a complete request for approval under this section, the Administrator will either approve or disapprove the State request. If approved, the change will be effective upon signature of the Federal Register notice.

(4) Requirements submitted for approval under this section shall include either title V permits, title V general permits, Federal new source review permits, or State rules. Permits must already be issued to be used under this section.

(5) If the State uses a permit as the basis of alternative requirements under this section, the relevant permit terms and conditions must remain applicable to the source, even if the source takes steps that would otherwise release it from an obligation to have a permit.

(b) Criteria for approval. Any request for approval under this section shall meet all of the criteria of this section and §63.91 before approval. The State shall provide the Administrator with:

(1) A demonstration that the public within the State has had adequate notice and opportunity to submit written comment on the State requirements, and

(2) A demonstration that each State adjustment to the Federal rule individually results in requirements that:

(i) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to applicability;

(ii) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to level of control for each affected source and emission point;

(iii) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to compliance and enforcement measures for each affected source and emission point; and

(iv) Assure compliance by every affected source no later than would be required by the otherwise applicable Federal rule.

(3) State adjustments to Federal section 112 rules which may be part of an approved rule under this section are:

(i) Lowering a required emission rate or de minimis level;

(ii) Adding a design, work practice, operational standard, emission rate or other such requirement;

(iii) Increasing a required control efficiency;

(iv) Increasing the frequency of required reporting, testing, sampling or monitoring;

(v) Adding to the amount of information required for records or reports;

(vi) Decreasing the amount of time to come into compliance;

(vii) Subjecting additional emission points or sources within a source category to control requirements;

(viii) Any adjustments allowed in a specific section 112 rule;

(ix) Minor editorial, formatting, and other nonsubstantive changes; or

(x) Identical alternative requirements previously approved by the Administrator in another local agency within the same State, if previously noticed that the alternative requirements would be applicable in the jurisdiction seeking approval under this section.

[65 FR 55840, Sept. 14, 2000]

§63.93   Approval of State requirements that substitute for a section 112 rule.

Under this section a State may seek approval of State requirements which differ from a Federal section 112 rule for which they would substitute, such that the State requirements do not qualify for approval under §63.92.

(a) Approval process. (1) After receiving a complete request for approval under this section and making a preliminary determination on its equivalence, the Administrator will seek public comment on the State's request for a minimum of 30 days through a Federal Register notice. The Administrator will require that comments be submitted concurrently to the State.

(2) If, after review of public comments and any State responses to comments submitted to the Administrator, the Administrator finds that the criteria of this section and the criteria of §63.91 are met, the Administrator will approve the State requirements under this section, publish the approved requirements in the Federal Register, and incorporate them directly or by reference, in the appropriate subpart of part 63. Requirements approved under §63.95 will be incorporated pursuant to requirements under part 68 of this chapter.

(3) If the Administrator finds that any of the requirements of this section or §63.91 have not been met, the Administrator may partially approve or disapprove the State requirements. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what actions that State can take to make the requirements approvable.

(4) Requirements submitted for approval under this section shall include either: State rules, title V permits, title V general permits, Federal new source review permits, board and administrative orders, permits issued pursuant to permit templates, or State operating permits. Permits must already be issued to be used under this section.

(5) If the State uses a permit as the basis of alternative requirements under this section, the relevant permit terms and conditions must remain applicable to the source even if it takes steps that would otherwise release it from an obligation to have a permit.

(6) Within 180 days of receiving a complete request for approval under this section, the Administrator will either approve, partially approve, or disapprove the State request.

(b) Criteria for approval. Any request for approval under this section shall meet all of the criteria of this section and §63.91 before approval. The State shall provide the Administrator with detailed documentation that the State requirements contain or demonstrate:

(1) Applicability criteria that are no less stringent than those in the respective Federal rule;

(2) Levels of control (including associated performance test methods) and compliance and enforcement measures that result in emission reductions from each affected source or accidental release prevention program requirements for each affected source that are no less stringent than would result from the otherwise applicable Federal rule;

(3) A compliance schedule that requires each affected source to be in compliance within a time frame consistent with the deadlines established in the otherwise applicable Federal rule; and

(4) At a minimum, the approved State requirements must include the following compliance and enforcement measures. (For requirements addressing the accidental release prevention program, minimum compliance and enforcement provisions are described in §63.95.)

(i) The approved requirements must include monitoring or another method for determining compliance.

(ii) If a standard in the approved rule is not instantaneous, a maximum averaging time must be established.

(iii) The requirements must establish an obligation to periodically monitor for compliance using the monitoring or another method established in paragraph (b)(4)(i) of this section sufficient to yield reliable data that are representative of the source's compliance status.

[65 FR 55841, Sept. 14, 2000]

§63.94   Approval of State permit terms and conditions that substitute for a section 112 rule.

Under this section a State may seek approval of State permit terms and conditions to be implemented and enforced in lieu of specified existing and future Federal section 112 rules, emission standards, or requirements promulgated under section 112, for those affected sources permitted by the State under part 70 of this chapter. The State may not seek approval under this section for permit terms and conditions that implement and enforce part 68 requirements.

(a) Up-front approval process.(1) A State must submit a request that meets the requirements of paragraph (b) of this section. After receiving a complete request for approval of a State program under this section and making a preliminary determination of equivalence, the Administrator will seek public comment for 21 days through a Federal Register notice. The Administrator will require that comments be submitted concurrently to the State.

(2) If, after review of all public comments, and State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (b) of this section and the criteria of §63.91 are met, the Administrator will approve the State program. The approved program will be published in the Federal Register and incorporated directly or by reference in the appropriate subpart of part 63.

(3) If the Administrator finds that any of the criteria of paragraph (b) of this section or §63.91 have not been met, the Administrator will partially approve or disapprove the State program. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what action the State can take to make the programs approvable.

(4) Within 90 days of receiving a complete request for approval under this section, the Administrator will either approve, partially approve, or disapprove the State request.

(b) Criteria for up-front approval. Any request for program approval under this section shall meet all of the criteria of this paragraph and §63.91 before approval. The State shall provide the Administrator with:

(1)(i) To the extent possible, an identification of all specific sources in source categories listed pursuant to subsection 112(c) for which the State is seeking authority to implement and enforce alternative requirements under this section;

(ii) If the identified sources in any source category comprise a subset of the sources in that category within the State's jurisdiction, the State shall request delegation for the remainder of the sources in that category that are required to be permitted by the State under part 70 of this chapter. The State shall request delegation for the remainder of the sources in that category under another section of this subpart.

(iii) Prior to submitting a request for one or more sources within a source category, the State shall consult with their EPA Regional Office regarding the number of sources in a category eligible for submittal under this option. Based on the Regional Office's decision, the State shall limit the number of sources for which it submits permit requirements.

(2) To the extent possible, an identification of all existing and future section 112 emission standards for which the State is seeking authority under this section to implement and enforce alternative requirements.

(3) If, after approval of the initial list of source categories identified in paragraph (b)(2) of this section, the State adds source categories for approval under this option, the State shall submit an addendum to the up-front approval submission, and identify the addition to the lists. The Administrator will follow the process outlined in paragraph (a) of this section for up-front approval.

(4) A one-time demonstration that the State has an approved title V operating permit program and that the program permits the affected sources.

(c) Approval process for alternative requirements. (1) After promulgation of a Federal section 112 rule, emission standard, or requirement for which the State has up-front approval to implement and enforce alternative requirements in the form of title V permit terms and conditions, the State shall provide the Administrator with pre-draft title V permit terms and conditions that are sufficient, in the Administrator's judgement, to allow the Administrator to determine equivalency. The permit terms and conditions shall reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement.

(2) [Reserved]

(3) If, the Administrator receives a complete request and finds the pre-draft title V permit terms and conditions submitted by the State meet the criteria of paragraph (d), the Administrator will approve the State's alternative requirements (by approving the pre-draft permit terms and conditions) and notify the State in writing of the approval.

(4) The Administrator may approve the State's alternative requirements on the condition that the State makes certain changes to the pre-draft title V permit terms and conditions and includes the changes in the complete pre-draft, proposed, and final title V permits for the affected sources. If the Administrator approves the alternative requirements on the condition that the State makes certain changes to them, the State shall make those changes or the alternative requirements will not be federally enforceable when they are included in the final permit, even if the Administrator does not object to the proposed permit. Until the Administrator affirmatively approves the State's alternative requirements (by approving the pre-draft permit terms and conditions) under this paragraph, and those requirements (permit terms) are incorporated into the final title V permit for any affected source, the otherwise applicable Federal emission standard(s) remain the federally enforceable and applicable requirements for that source.

(5) If, after evaluating the pre-draft title V permit terms and conditions that were submitted by the State, the Administrator finds that the criteria of paragraph (d) of this section have not been met, the Administrator will disapprove the State's alternative requirements and notify the State in writing of the disapproval. In the notice of disapproval, the Administrator will specify the deficient or nonapprovable elements of the State's alternative requirements.

(6) Within 90 days of receiving a complete request for approval under this paragraph, the Administrator will either approve, partially approve, or disapprove the State's alternative requirements.

(7) Nothing in this section precludes the State from submitting alternative requirements in the form of title V permit terms and conditions or title V general permit terms and conditions for approval under this paragraph at the same time the State submits its program to the Administrator for up-front approval under paragraph (a) of this section, provided that the Federal emission standards for which the State submits alternative requirements are promulgated at the time of the State's submittal. If the Administrator finds that the criteria of §63.91 and the criteria of paragraphs (b) and (d) of this section are met, the Administrator will approve both the State program and the permit terms and conditions within 90 days of receiving a complete request for approval.

(d) Approval criteria for alternative requirements.Any request for approval under this paragraph shall meet the following criteria. Taken together, the criteria in this paragraph describe the minimum contents of a State's equivalency demonstration for a promulgated Federal section 112 rule, emission standard, or requirement. To be approvable, the State submittal must contain sufficient detail to allow the Administrator to make a determination of equivalency between the State's alternative requirements and the Federal requirements. Each submittal of alternative requirements in the form of pre-draft permit terms and conditions for an affected source shall:

(1) Identify the specific, practicably enforceable terms and conditions with which the source would be required to comply upon issuance, renewal, or revision of the title V permit. The State shall submit permit terms and conditions that reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement. The State shall identify for the Administrator the specific permit terms and conditions that contain alternative requirements.

(2) Identify specifically how the alternative requirements in the form of permit terms and conditions are the same as or differ from the requirements in the otherwise applicable Federal section 112 rule, emission standard, or requirement (including any applicable requirements in subpart A or other subparts or appendices). The State shall provide this identification in a side-by-side comparison of the State's requirements in the form of permit terms and conditions and the requirements of the Federal section 112 rule, emission standard, or requirement.

(3) The State shall provide the Administrator with detailed documentation that demonstrates that the alternative requirements meet the criteria specified in §63.93(b), i.e., that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements.

(e) Incorporation of permit terms and conditions into title V permits. (1) After approval of the State's alternative requirements under this section, the State shall incorporate the approved permit terms and conditions into title V permits for the affected sources. The State shall issue or revise the title V permits according to the provisions contained in §70.7 of this chapter. The alternative permit terms and conditions may substitute for the Federal requirements once they are contained in a valid title V permit. If the State does not write the alternative conditions, exactly as approved, into the permit, EPA may reopen the permit for cause per §70.7(g) of this chapter, and the delegation may not occur.

(2) In the notice of pre-draft permit availability, and in each pre-draft, proposed, and final permit, the State shall indicate prominently that the permit contains alternative section 112 requirements. In the notice of pre-draft permit availability, the State shall specifically solicit public comment on the alternative requirements. In addition, the State shall attach all documents supporting the approved equivalency determination for those alternative requirements to each pre-draft, proposed, and final permit.

[65 FR 55841, Sept. 14, 2000]

§63.95   Additional approval criteria for accidental release prevention programs.

(a) A State submission for approval of a part 68 program must meet the criteria and be in accordance with the procedures of this section, §63.91, and, where appropriate, either §63.92 or §63.93.

(b) The State part 68 program application shall contain the following elements consistent with the procedures in §63.91 and, where appropriate, either §63.92 or §63.93 of this subpart, for at least the chemicals listed in part 68 subpart F (“federally-listed chemicals”) that an approvable State Accidental Release Prevention program is regulating:

(1)(i) A demonstration of the State's authority and resources to implement and enforce regulations that are no less stringent than the regulations of part 68, subparts A through G and §68.200 of this chapter; and

(ii) A requirement that any source subject to the State's part 68 program submit a Risk Management Plan (RMP) that reports at least the same information in the same format as required under part 68, subpart G of this chapter.

(2) A State's RMP program may require reporting of information not required by the Federal program, and these requirements (like any other additional State requirements) will become federally enforceable upon approval. The extent to which EPA will be able to help a State collect and report additional information through EPA's electronic RMP submission system will be determined on a case-by-case basis.

(3) Procedures for reviewing risk management plans and providing technical assistance to stationary sources, including small businesses.

(4) A demonstration of the State's authority to enforce all part 68 requirements must be made, including an auditing strategy that complies with §68.220 of this chapter.

(c) A State may request approval for a program that covers all of the federally-listed chemicals (a “complete program”) or a program covering less than all of the federally-listed chemicals (a “partial program”) as long as the State takes delegation of the full part 68 program for the federally-listed chemicals it regulates.

[65 FR 55843, Sept. 14, 2000]

§63.96   Review and withdrawal of approval.

(a) Submission of information for review of approval. (1) The Administrator may at any time request any of the following information to review the adequacy of implementation and enforcement of an approved rule or program and the State shall provide that information within 45 days of the Administrator's request:

(i) Copies of any State statutes, rules, regulations or other requirements that have amended, repealed or revised the approved State rule or program since approval or since the immediately previous EPA review;

(ii) Information to demonstrate adequate State enforcement and compliance monitoring activities with respect to all approved State rules and with all section 112 rules, emission standards or requirements;

(iii) Information to demonstrate adequate funding, staff, and other resources to implement and enforce the State's approved rule or program;

(iv) A schedule for implementing the State's approved rule or program that assures compliance with all section 112 rules and requirements that the EPA has promulgated since approval or since the immediately previous EPA review,

(v) A list of part 70 or other permits issued, amended, revised, or revoked since approval or since immediately previous EPA review, for sources subject to a State rule or program approved under this subpart.

(vi) A summary of enforcement actions by the State regarding violations of section 112 requirements, including but not limited to administrative orders and judicial and administrative complaints and settlements.

(2) Upon request by the Administrator, the State shall demonstrate that each State rule, emission standard or requirement applied to an individual source is no less stringent as applied than the otherwise applicable Federal rule, emission standard or requirement.

(b) Withdrawal of approval of a state rule or program. (1) If the Administrator has reason to believe that a State is not adequately implementing or enforcing an approved rule or program according to the criteria of this section or that an approved rule or program is not as stringent as the otherwise applicable Federal rule, emission standard or requirements, the Administrator will so inform the State in writing and will identify the reasons why the Administrator believes that the State's rule or program is not adequate. The State shall then initiate action to correct the deficiencies identified by the Administrator and shall inform the Administrator of the actions it has initiated and completed. If the Administrator determines that the State's actions are not adequate to correct the deficiencies, the Administrator will notify the State that the Administrator intends to withdraw approval and will hold a public hearing and seek public comment on the proposed withdrawal of approval. The Administrator will require that comments be submitted concurrently to the State. Upon notification of the intent to withdraw, the State will notify all sources subject to the relevant approved rule or program that withdrawal proceedings have been initiated.

(2) Based on any public comment received and any response to that comment by the State, the Administrator will notify the State of any changes in identified deficiencies or actions needed to correct identified deficiencies. If the State does not correct the identified deficiencies within 90 days after receiving revised notice of deficiencies, the Administrator shall withdraw approval of the State's rule or program upon a determination that:

(i) The State no longer has adequate authorities to assure compliance or re-sources to implement and enforce the approved rule or program, or

(ii) The State is not adequately implementing or enforcing the approved rule or program, or

(iii) An approved rule or program is not as stringent as the otherwise applicable Federal rule, emission standard or requirement.

(3) The Administrator may withdraw approval for part of a rule, for a rule, for part of a program, or for an entire program.

(4) Any State rule, program or portion of a State rule or program for which approval is withdrawn is no longer Federally enforceable. The Federal rule, emission standard or requirement that would have been applicable in the absence of approval under this will be the federally enforceable rule, emission standard or requirement.

(i) Upon withdrawal of approval, the Administrator will publish an expeditious schedule for sources subject to the previously approved State rule or program to come into compliance with applicable Federal requirements. Such schedule shall include interim emission limits where appropriate. During this transition, sources must be operated in a manner consistent with good air pollution control practices for minimizing emissions.

(ii) Upon withdrawal, the State shall reopen, under the provisions of §70.7(f) of this chapter, the part 70 permit of each source subject to the previously approved rules or programs in order to assure compliance through the permit with the applicable requirements for each source.

(iii) If the Administrator withdraws approval of State rules applicable to sources that are not subject to part 70 permits, the applicable State rules are no longer Federally enforceable.

(iv) If the Administrator withdraws approval of a portion of a State rule or program, other approved portions of the State rule or program that are not withdrawn shall remain in effect.

(v) Any applicable Federal emission standard or requirement shall remain enforceable by the EPA as specified in section 112(l)(7) of the Act.

(5) If a rule approved under §63.93 is withdrawn under the provisions of §63.96(b)(2) (i) or (ii), and, at the time of withdrawal, the Administrator finds the rule to be no less stringent than the otherwise applicable Federal requirement, the Administrator will grant equivalency to the previously approved State rule under the appropriate provisions of this part.

(6) A State may submit a new rule, program or portion of a rule or program for approval after the Administrator has withdrawn approval of the State's rule, program or portion of a rule or program. The Administrator will determine whether the new rule or program or portion of a rule or program is approvable according to the criteria and procedures of §63.91 and either of §63.92, §63.93 or §63.94.

(7) A State may voluntarily withdraw from an approved State rule, program or portion of a rule or program by notifying the EPA and all affected sources subject to the rule or program and providing notice and opportunity for comment to the public within the State.

(i) Upon voluntary withdrawal by a State, the Administrator will publish a timetable for sources subject to the previously approved State rule or program to come into compliance with applicable Federal requirements.

(ii) Upon voluntary withdrawal, the State must reopen and revise the part 70 permits of all sources affected by the withdrawal as provided for in this section and §70.7(f), and the Federal rule, emission standard, or requirement that would have been applicable in the absence of approval under this subpart will become the applicable requirement for the source.

(iii) Any applicable Federal section 112 rule, emission standard or requirement shall remain enforceable by the EPA as specified in section 112(l)(7) of the Act.

(iv) Voluntary withdrawal shall not be effective sooner than 180 days after the State notifies the EPA of its intent to voluntarily withdraw.

[65 FR 55843, Sept. 14, 2000]

§63.97   Approval of a State program that substitutes for section 112 requirements.

Under this section, a State may seek approval of a State program to be implemented and enforced in lieu of specified existing or future Federal emission standards or requirements promulgated under section 112. A State may not seek approval under this section for a program that implements and enforces part 68 requirements.

(a) Up-front approval process. (1) After receiving a complete request for approval of a State program submitted under paragraph (b)(1) or (b)(2) of this section and making a preliminary determination on whether to approve it, the Administrator will seek public comment for 21 days through a Federal Register notice. At its discretion, the State may include in this submittal a request for approval of specific alternative requirements under paragraph (b)(3) of this section.

(2) [Reserved]

(3) The Administrator will require that comments be submitted concurrently to the State.

(4) If, after review of all public comments and State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (b) of this section and the criteria of §63.91 are met, the Administrator will approve or partially approve the State program. The approved State program will be published in the Federal Register and incorporated, directly or by reference, in the appropriate subpart of part 63.

(5) If the Administrator finds that any of the criteria of paragraph (b) of this section or §63.91 have not been met, the Administrator will partially approve or disapprove the State program.

(6) The Administrator will either approve, partially approve, or disapprove the State request:

(i) Within 90 days after receipt of a complete request for approval of a State program submitted under paragraph (b)(1) or (b)(2) of this section; or

(ii) Within 180 days after receipt of a complete request for approval of a State program submitted under paragraphs (b)(1) or (b)(2) and paragraph (b)(3) of this section.

(b) Criteria for up-front approval. Any request for program approval under this section shall meet all of the criteria of this paragraph and §63.91 before approval.

(1) For every request for program approval under this section, the State shall provide the Administrator, to the extent possible, with an identification of the initial specific source categories listed pursuant to section 112(c) and an identification of all existing and future section 112 emission standards or other requirements for which the State is seeking authority to implement and enforce alternative requirements under this section.

(2) If, after approval of the initial list of specific source categories identified in paragraph (b)(1) of this section, the State adds source categories for approval under this option, the State shall submit an addendum to the approval submission, and identify the addition to the list.

(3) In addition, the State may provide the Administrator with one or more of the following program elements for approval under this paragraph:

(i) Alternative requirements in State rules, regulations, or general permits (or other enforceable mechanisms) that apply generically to one or more categories of sources and for which the State seeks approval to implement and enforce in lieu of specific existing Federal section 112 emission standards or requirements. The Administrator may approve or disapprove the alternative requirements in these rules, regulations, or permits when approving or disapproving the State's up-front submittal under this paragraph. After approval of the alternative generic rules, regulations or general permits, and after new Federal emission standards or requirements are promulgated, the State may extend the applicability of approved generic alternative requirements to additional source categories by repeating the approval process specified in paragraph (a) of this section. To be approvable, any request for approval of generic alternative requirements during the up-front approval process shall meet the criteria in paragraph (d) of this section.

(ii) A description of the mechanisms that are enforceable as a matter of State law that the State will use to implement and enforce alternative requirements for area sources. The mechanisms that may be approved under this paragraph include title V permits, title V general permits, Federal new source review permits, board and administrative orders, permits issued pursuant to permit templates, state permits, and State rules that apply to categories of sources. The State shall demonstrate to the Administrator that the State has adequate resources and authorities to implement and enforce alternative section 112 requirements using the State mechanisms.

(c) Approval process for alternative requirements. (1) After promulgation of a Federal emission standard or requirement for which the State has program approval under this section to implement and enforce alternative requirements, the State shall provide the Administrator with alternative requirements that are sufficient, in the Administrator's judgement, to allow the Administrator to determine equivalency under paragraph (d) of this section. The alternative requirements shall reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement, including any alternative requirements that the State is seeking to implement and enforce. Alternative requirements submitted for approval under this paragraph shall be contained in rules, regulations, general permits, or other mechanisms that apply to and are enforceable under State law for categories of sources. State policies are not approvable under this section unless they are incorporated into specific, enforceable, alternative requirements in rules, permits, or other mechanisms that apply to categories of sources.

(2) [Reserved]

(3) After receiving a complete request for approval under this section and making a preliminary determination on its equivalence, the Administrator will seek public comment for a minimum of 21 days through a Federal Register notice. The Administrator will require that comments be submitted concurrently to the State.

(4) If, after review of public comments and any State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (d) of this section and the criteria of §63.91 are met, the Administrator will approve the State's alternative requirements. The approved alternative requirements will be published in the Federal Register and incorporated, directly or by reference, in the appropriate subpart of part 63.

(5) If the Administrator finds that any of the requirements of paragraph (d) of this section or §63.91 have not been met, the Administrator will partially approve or disapprove the State's alternative requirements. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what action the State can take to make the alternative requirements approvable.

(6) Within 180 days of receiving a complete request for approval under this paragraph, the Administrator will either approve, partially approve, or disapprove the State request.

(7) Nothing in this section precludes the State from submitting alternative requirements for approval under this paragraph at the same time the State submits its program to the Administrator for up-front approval under paragraph (a) of this section, provided that the Federal rules, emission standards, or requirements for which the State submits alternative requirements are promulgated at the time of the State's submittal. If the Administrator finds that the criteria of §63.91 and the criteria of paragraphs (b) and (d) of this section are met, the Administrator will approve both the State program and the alternative requirements within 180 days of receiving a complete request for approval. Alternatively, following up-front approval, the State may submit alternative requirements for approval under this paragraph at any time after promulgation of the Federal emission standards or requirements.

(d) Approval criteria for alternative requirements. Any request for approval under this paragraph shall meet the following criteria. Taken together, the criteria in this paragraph describe the minimum contents of a State's equivalency demonstration for a promulgated Federal section 112 rule, emission standard, or requirement. To be approvable, the State submittal must contain sufficient detail to allow the Administrator to make a determination of equivalency between the State's alternative requirements and the Federal requirements. Each submittal of alternative requirements for a category of sources shall:

(1) Include copies of all State rules, regulations, permits, or other enforceable mechanisms that contain the alternative requirements for which the State is seeking approval. These documents shall also contain requirements that reflect all of the requirements of the otherwise applicable Federal section 112 rules, emission standards or requirements for which the State is not submitting alternatives. The State shall identify for the Administrator the specific requirements with which sources in a source category are required to comply, including the specific alternative requirements.

(2) Identify specifically how the alternative requirements are the same as or differ from the requirements in the otherwise applicable Federal rule, emission standards, or requirements (including any applicable requirements in subpart A or other subparts or appendices). The State shall provide this identification in a side-by-side comparison of the State's requirements and the requirements of the Federal rule, emission standards, or requirements.

(3) The State shall provide the Administrator with detailed documentation that demonstrates the State's belief that the alternative requirements meet the criteria specified in §63.93(b) of this subpart, i.e., that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements.

[65 FR 55844, Sept. 14, 2000]

§63.98   [Reserved]

§63.99   Delegated Federal authorities.

(a) This section lists the specific source categories that have been delegated to the air pollution control agencies in each State under the procedures described in this subpart.

(1) Alabama. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Alabama Department of Environmental Management for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major & Area Source Rule Delegations—Alabama1

   Source category SubpartADEM2JCDH3HDNR4
1HONF, G, H, IXXX
2Polyvinyl Chloride & Co-polymers, VACATED on 5/11/05J
3Coke OvensLXXX
4Dry CleanersMXXX
5Chromium ElectroplatingNXXX
6EtO Commercial SterilizationOXXX
7Chromium Cooling TowersQXXX
8Gasoline Distribution (stage 1)RXXX
9Pulp & Paper ISXXX
10Halogenated Solvent CleaningTXXX
11Polymer & Resins 1UXXX
12Polymer & Resins 2WXXX
13Secondary Lead SmeltersXXXX
14Marine Tank Vessel LoadingYXX
15Phosphoric Acid MfgAAXXX
16Phosphate Fertilizers ProdBBXXX
17Petroleum RefineriesCCXXX
18Offsite Waste & RecoveryDDXXX
   Tanks; Level 1OOXXX
   ContainersPPXXX
   Surface ImpoundmentsQQXXX
   Drain SystemsRRXXX
   Oil-Water SeparatorsVVXXX
19Magnetic TapeEEXXX
20Aerospace IndustryGGXXX
21Oil & Natural Gas ProdHHXXX
   Area Source Requirements >>.
22Shipbuilding and RepairIIXXX
23Wood Furniture MfgJJXXX
24Printing & PublishingKKXXX
25Primary AluminumLL
26Pulp & Paper II (Combustion sources)MMXXX
27Generic MACT:
   Control DevicesSSXXX
   Eq. Leaks—Level 1TTXXX
   Eq. Leaks—Level 2UUXXX
   Tanks—Level 2WWXXX
28Generic MACT:
   Ethylene MfgXX & YYXXX
   Carbon BlackYYXXX
   Spandex ProdYYXXX
   Cyanide Chemical MfgYYXXX
   Acetal ResinsYYXXX
   Acrylic/Modacrylic FibersYYXXX
   Hydrogen Fluoride ProdYYXXX
   Polycarbonates ProdYYXXX
29Steel PickelingCCCXXX
30Mineral Wool ProdDDDXXX
31Hazardous Waste Combustion (Phase I)EEEXXX
32Boilers that burn Haz. Waste (Phase II)EEEXXX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEXXX
34Pharmaceutical ProdGGGXXX
35Nat. Gas Transmission & StorageHHHXXX
36Flexible Polyurethane Foam ProdIIIXXX
37Polymer & Resins 4JJJXXX
38Portland CementLLLXXX
39Pesticide Active IngredientsMMMXXX
40Wool FiberglassNNNXXX
41Polymer & Resins 3 (Amino & Phenolic)OOOXXX
42Polyether Polyols ProdPPPXXX
43Primary CopperQQQX
44Secondary Aluminum ProdRRRXXX
45Primary Lead SmeltingTTT
46Petro Refineries (FCC units)UUUXXX
47POTWVVVXXX
48FerroalloysXXXXXX
49Municipal LandfillsAAAAXXX
50Nutritional YeastCCCCXXX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDXXX
52Organic Liquids Distribution (non-gas)EEEEXXX
53Misc. Organic NESHAPFFFFXXX
54Vegetable OilGGGGXXX
55Wet Formed FiberglassHHHHXXX
56Auto & Light Duty Truck (coating)IIIIXXX
57Paper & Other WebsJJJJXXX
58Metal Can (coating)KKKKXXX
59Misc. Metal Parts (coating)MMMMXXX
60Large Appliances (coating)NNNNXXX
61Printing, Coating, & Dyeing FabricsOOOOXXX
62Plastic Parts & Products (coating)PPPPXXX
63Wood Building ProductsQQQQXXX
64Metal Furniture (coating)RRRRXXX
65Metal Coil (coating)SSSSXXX
66Leather Tanning & FinishingTTTTX
67Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUX
68Boat ManufacturingVVVVXXX
69Reinforced Plastic CompositesWWWWXXX
70Rubber Tire MfgXXXXXXX
71Stationary Combustion TurbinesYYYYXXX
72Reciprocating Int. Combustion EnginesZZZZXXX
   Area Source Requirements >>.
73Lime ManufacturingAAAAAXXX
74Semiconductor ProductionBBBBBXXX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCXXX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07DDDDD
77Iron FoundriesEEEEEXXX
78Integrated Iron & SteelFFFFFXXX
79Site RemediationGGGGGXXX
80Misc. Coating ManufacturingHHHHHXXX
81Mercury Cell Chlor-AlkaliIIIIIXXX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
84Asphalt Roofing & ProcessingLLLLLXXX
85Flex. Polyurethane Foam FabricationMMMMMX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNXXX
87Engine & Rocket Test FacilitiesPPPPPXXX
88Friction Materials ManufacturingQQQQQXXX
89Taconite Iron OreRRRRRXXX
90RefactoriesSSSSSX
91Primary MagnesiumTTTTTXXX
Area Source Rules
92Hospital SterilizersWWWWW
93Stainless and Nonstainless Steel Mfg. Electric Arc FurnacesYYYYY
94Iron & Steel foundriesZZZZZ
95Gasoline Distribution—BulkBBBBBB
96Gasoline Dispensing FacilitiesCCCCCC
97PVC & Copolymers ProdDDDDDDXX
98Primary CopperEEEEEEXX
99Secondary Copper SmeltingFFFFFFXX
100Primary Nonferrous MetalsGGGGGGXX
101Paint StrippingHHHHHH
   Auto-Body Refinishing
   Plastic Parts & Prod. (coating)
102Acrylic/Modacrylic Fibers ProdLLLLLL
103Carbon Black ProdMMMMMM
104Chemical Mfg. ChromNNNNNN
105Flex. Polyurethane Foam FabOOOOOO
   Flex. Polyurethane Foam Prod
106Lead Acid Battery MfgPPPPPP
107Wood PreservingQQQQQQ
108Clay Ceramics MfgRRRRRR
109Glass MfgSSSSSS
110Secondary Nonferrous MetalsTTTTTT
110Plating and PolishingWWWWWW
112Industrial Mach. & Eq. FinishingXXXXXX
   Elect. & Electronics Eq. Finishing
   Fabricated Metal Prod
   Fabricated Plate Work (Boiler Shop)
   Fabricated Structural Metal Mfg
   Heating Eq. Mfg
   Iron and Steel Forging
   Primary Metals Prod. Mfg
   Valves and Pipe Fittings Mfg
113Ferroalloys ProductionYYYYYY
   Ferro/Silico Manganese

1State program approved on October 29, 2001. Table last updated on October 5, 2008.

2Alabama Department of Environmental Management.

3Jefferson County Department of Health.

4Huntsville Department of Natural Resources.

(ii) Alabama Department of Environmental Management (ADEM) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Prattville Mill, Prattville, Alabama, for subpart MM of this part—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. This action is contingent upon ADEM including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(2) Alaska. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Alaska Department of Environmental Conservation. The (X) symbol is used to indicate each subpart that has been delegated.

Delegation Status for Part 63 Standards—Alaska

Subpart   Alaska Department of Environmental Conservation (1/18/97)
AGeneral Provisions1X
DEarly ReductionsX
FHON-SOCMI
GHON-Process Vents
HHON-Equipment Leaks
IHON-Negotiated Leaks
LCoke Oven Batteries
MPerc Dry CleaningX
NChromium ElectroplatingX2
OEthylene Oxide Sterilizers
QIndustrial Process Cooling TowersX
RGasoline DistributionX
SPulp and Paper
THalogenated Solvent CleaningX
UPolymers and Resins I
WPolymers and Resins II-Epoxy
XSecondary Lead Smelting
YMarine Tank Vessel LoadingX
CCPetroleum RefineriesX
DDOff-Site Waste and RecoveryX
EEMagnetic Tape Manufacturing
GGAerospace Manufacturing & Rework
IIShipbuilding and Ship RepairX
JJWood Furniture Manufacturing OperationsX
KKPrinting and Publishing IndustryX
LLPrimary Aluminum
OOTanks—Level 1
PPContainers
QQSurface Impoundments
RRIndividual Drain Systems
VVOil-Water Separators and Organic-Water Separators
EEEHazardous Waste Combustors
JJJPolymers and Resins IV

1Authorities which are not delegated include: 40 CFR 63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods; 63.8(f) for approval of major alternatives to monitoring; 63.10(f); and all authorities identified in the subparts (i.e., under “Delegation of Authority”) that cannot be delegated. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see memorandum from John Seitz, Office of Air Quality Planning and Standards, dated July, 10, 1998, entitled, “Delegation of 40 CFR Part 63 General Provisions Authorities to State and Local Air Pollution Control Agencies.”

2Alaska received delegation for Subpart N (Chromium Electroplating) as it applies to sources required to obtain an operating permit under Alaska's regulations. EPA retains the authority for implementing and enforcing Subpart N for area source chromium electroplating and anodizing operations which have been exempted from Part 70 permitting in 40 CFR 63.340(e)(1).

(ii) [Reserved]

Note to paragraph (a)(2): The date in parenthesis indicates the effective date of the federal rules that have been adopted by and delegated to the Alaska Department of Environmental Conservation. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency.

(3) Arizona. (i) The following table lists the specific Part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Arizona. The (X) symbol is used to indicate each category that has been delegated.

Delegation Status for Part 63 Standards—Arizona

SubpartDescriptionADEQ1MCAQD2PDEQ3PCAQCD4GRIC5
AGeneral ProvisionsXXXXX
FSynthetic Organic Chemical Manufacturing IndustryXXXXX
GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterXXXXX
HOrganic Hazardous Air Pollutants: Equipment LeaksXXXXX
IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksXXXXX
JPolyvinyl Chloride and Copolymers ProductionXXXX
LCoke Oven BatteriesXXXXX
MPerchloroethylene Dry CleaningXXXXX
NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXXXXX
OEthylene Oxide Sterilization FacilitiesXXXXX
QIndustrial Process Cooling TowersXXXXX
RGasoline Distribution FacilitiesXXXXX
SPulp and PaperXXXX
THalogenated Solvent CleaningXXXXX
UGroup I Polymers and ResinsXXXXX
WEpoxy Resins Production and Non-Nylon Polyamides ProductionXXXXX
XSecondary Lead SmeltingXXXXX
YMarine Tank Vessel Loading OperationsX
AAPhosphoric Acid Manufacturing PlantsXXXX
BBPhosphate Fertilizers Production PlantsXXXX
CCPetroleum RefineriesXXXXX
DDOff-Site Waste and Recovery OperationsXXXXX
EEMagnetic Tape Manufacturing OperationsXXXXX
GGAerospace Manufacturing and Rework FacilitiesXXXXX
HHOil and Natural Gas Production FacilitiesXXXX
IIShipbuilding and Ship Repair (Surface Coating)X
JJWood Furniture Manufacturing OperationsXXXXX
KKPrinting and Publishing IndustryXXXXX
LLPrimary Aluminum Reduction PlantsXXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXXXX
OOTanks—Level 1XXXXX
PPContainersXXXXX
QQSurface ImpoundmentsXXXXX
RRIndividual Drain SystemsXXXXX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXXXX
TTEquipment Leaks—Control Level 1XXXX
UUEquipment Leaks—Control Level 2XXXX
VVOil-Water Separators and Organic-Water SeparatorsXXXXX
WWStorage Vessels (Tanks)—Control Level 2XXXX
XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsXXXX
YYGeneric MACT StandardsXXXX
CCCSteel PicklingXXXX
DDDMineral Wool ProductionXXXX
EEEHazardous Waste CombustorsXXXX
GGGPharmaceuticals ProductionXXXX
HHHNatural Gas Transmission and Storage FacilitiesXXXX
IIIFlexible Polyurethane Foam ProductionXXXX
JJJGroup IV Polymers and ResinsXXXXX
LLLPortland Cement Manufacturing IndustryXXXX
MMMPesticide Active Ingredient ProductionXXXX
NNNWool Fiberglass ManufacturingXXXX
OOOManufacture of Amino/Phenolic ResinsXXXX
PPPPolyether Polyols ProductionXXXX
QQQPrimary Copper SmeltingXXXX
RRRSecondary Aluminum ProductionXXXX
TTTPrimary Lead SmeltingXXXX
UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXXXX
VVVPublicly Owned Treatment WorksXXXX
XXXFerroalloys ProductionXXXX
AAAAMunicipal Solid Waste LandfillsXXXX
CCCCManufacturing of Nutritional YeastXXXX
DDDDPlywood and Composite Wood ProductsXXXX
EEEEOrganic Liquids Distribution (non-gasoline)XXXX
FFFFMiscellaneous Organic Chemical ManufacturingXXXX
GGGGSolvent Extraction for Vegetable Oil ProductionXXXX
HHHHWet-Formed Fiberglass Mat ProductionXXXX
IIIISurface Coating of Automobiles and Light-Duty TrucksXXX
JJJJPaper and Other Web CoatingXXXX
KKKKSurface Coating of Metal CansXXXX
MMMMMiscellaneous Metal Parts and ProductsXXXX
NNNNLarge AppliancesXXXX
OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesXXXX
PPPPSurface Coating of Plastic Parts and ProductsXXX
QQQQWood Building ProductsXXXX
RRRRSurface Coating of Metal FurnitureXXXX
SSSSSurface Coating of Metal CoilXXXX
TTTTLeather Finishing OperationsXXXX
UUUUCellulose Products ManufacturingXXXX
VVVVBoat ManufacturingXXXX
WWWWReinforced Plastics Composites ProductionXXXX
XXXXTire ManufacturingXXXX
YYYYStationary Combustion TurbinesXXXX
ZZZZStationary Reciprocating Internal Combustion EnginesXXX
AAAAALime Manufacturing PlantsXXXX
BBBBBSemiconductor ManufacturingXXXX
CCCCCCoke Oven: Pushing, Quenching and Battery StacksXXXX
DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersXXX
EEEEEIron and Steel FoundriesXXXX
FFFFFIntegrated Iron and SteelXXXX
GGGGGSite RemediationXXXX
HHHHHMiscellaneous Coating ManufacturingXXXX
IIIIIMercury Emissions from Mercury Cell Chlor-Alkali PlantsXXXX
JJJJJBrick and Structural Clay Products ManufacturingXXXX
KKKKKClay Ceramics ManufacturingXXXX
LLLLLAsphalt Roofing and ProcessingXXXX
MMMMMFlexible Polyurethane Foam Fabrication OperationXXXX
NNNNNHydrochloric Acid ProductionXXXX
PPPPPEngine Test Cells/StandsXXXX
QQQQQFriction Products ManufacturingXXXX
RRRRRTaconite Iron Ore ProcessingXXXX
SSSSSRefractory Products ManufacturingXXXX
TTTTTPrimary Magnesium RefiningXXXX
WWWWWHospital Ethylene Oxide SterilizersXX
YYYYYArea Sources: Electric Arc Furnace Steelmaking FacilitiesXX
ZZZZZIron and Steel Foundries Area SourcesXX
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline FacilitiesXX
CCCCCCGasoline Dispensing FacilitiesXX
DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesXX
EEEEEEPrimary Copper Smelting Area SourcesXX
FFFFFFSecondary Copper Smelting Area SourcesXX
GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumXX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXX
LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesXX
MMMMMMCarbon Black Production Area SourcesXX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsXX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesXX
PPPPPPLead Acid Battery Manufacturing Area SourcesXX
QQQQQQWood Preserving Area SourcesXX
RRRRRRClay Ceramics Manufacturing Area SourcesXX
SSSSSSGlass Manufacturing Area SourcesXX
TTTTTTSecondary Nonferrous Metals Processing Area SourcesXX
VVVVVVChemical Manufacturing Industry—Area SourcesX
WWWWWWArea Source Standards for Plating and Polishing OperationsX
XXXXXXArea Source Standards for Nine Metal Fabrication and Finishing Source CategoriesX
YYYYYYArea Sources: Ferroalloys Production FacilitiesX
ZZZZZZArea Source Standards for Aluminum, Copper, and Other Nonferrous FoundriesX
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing—Area SourcesX
BBBBBBBChemical Preparations Industry—Area SourcesX
CCCCCCCPaint and Allied Products Manufacturing—Area SourcesX
DDDDDDDPrepared Feeds Manufacturing—Area SourcesX

1Arizona Department of Environmental Quality

2Maricopa County Air Quality Department

3Pima County Department of Environmental Quality

4Pinal County Air Quality Control District

5Gila River Indian Community Department of Environmental Quality. This table includes the GRIC DEQ only for purposes of identifying all state, local, and tribal agencies responsible for implementing part 63 standards within the geographical boundaries of the State of Arizona and does not establish any state regulatory authority in Indian country.

(4) [Reserved]

(5) California—(i)(A) California major sources. Except as described in paragraph (ii) below, each local air pollution control agency in California has delegation for national emission standards promulgated in this part as they apply to major sources.

(B) California area sources. Except as described in paragraph (a)(5)(ii) of this section, the local agencies listed below also have delegation for national emission standards promulgated in this part as they apply to area sources:

(1) Amador County Air Pollution Control District.

(2) Antelope Valley Air Quality Management District.

(3) Butte County Air Quality Management District.

(4) Kern County Air Pollution Control District.

(5) Mendocino County Air Quality Management District.

(6) Mojave Desert Air Quality Management District.

(7) Monterey Bay Unified Air Pollution Control District.

(8) San Diego County Air Pollution Control District.

(9) San Joaquin Valley Unified Air Pollution Control District, only for standards promulgated in this part and incorporated by reference in district Rule 4002, amended on May 20, 2004.

(10) San Luis Obispo County Air Pollution Control District.

(11) Santa Barbara County Air Pollution Control District.

(12) Ventura County Air Pollution Control District.

(13) Yolo-Solano Air Quality Management District.

(ii) California approvals other than straight delegation. Affected sources must comply with the California Regulatory Requirements Applicable to the Air Toxics Program, November 16, 2010, (incorporated by reference as specified in §63.14) as described as follows:

(A) The material incorporated in Chapter 1 of the California Regulatory Requirements Applicable to the Air Toxics Program (California Code of Regulations Title 17, sections 93109, 93109.1, and 93109.2) pertains to the perchloroethylene dry cleaning source category in the State of California, and has been approved under the procedures in §63.93 to be implemented and enforced in place of subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, as it applies to area sources only, as defined in §63.320(h).

(1) Authorities not delegated.

(i) California is not delegated the Administrator's authority to implement and enforce California Code of Regulations Title 17, section 93109, in lieu of those provisions of subpart M which apply to major sources, as defined in §63.320(g). Dry cleaning facilities which are major sources remain subject to subpart M.

(ii) California is not delegated the Administrator's authority of §63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation, under sections 93109(d)(27) or (38), or (i)(3)(A)(2), Title 17 of the California Code of Regulations, must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112 of the Clean Air Act.

(iii) This delegation does not extend to the provisions regarding California's enforcement authorities or its collection of fees as described in Sections 93109.1(c) or 93109.2(c) and (d), Title 17 of the California Code of Regulations. Approval of the California Code of Regulations, Title 17, sections 93109, 93109.1, and 93109.2 does not in any way limit the enforcement authorities, including the penalty authorities, of the Clean Air Act.

(B) [Reserved]

(C) The material incorporated in Chapter 3 of the California Regulatory Requirements Applicable to the Air Toxics Program (South Coast Air Quality Management District Rule 1421) pertains to the perchloroethylene dry cleaning source category in the South Coast Air Quality Management District, and has been approved under the procedures in §63.93 to be implemented and enforced in place of Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, as it applies to area sources only, as defined in §63.320(h).

(1) Authorities not delegated.

(i) South Coast Air Quality Management District is not delegated the Administrator's authority to implement and enforce Rule 1421 in lieu of those provisions of Subpart M which apply to major sources, as defined in §63.320(g). Dry cleaning facilities which are major sources remain subject to Subpart M.

(ii) South Coast Air Quality Management District is not delegated the Administrator's authority of §63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation, under sections (c)(17), (d)(3)(A)(v), (d)(4)(B)(ii)(III), and (j) of Rule 1421, must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112.

(D) [Reserved]

(E) The material incorporated in Chapter 5 of the California Regulatory Requirements Applicable to the Air Toxics Program (California Code of Regulations, Title 17, section 93102) pertains to the chromium electroplating and anodizing source category in the State of California, and has been approved under the procedures in §63.93 to be implemented and enforced in place of subpart N—National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

(1) Title V requirements. Subpart N affected sources remain subject to both the Title V permitting requirements of §63.340(e)(2) and, for major sources, the semi-annual submission of the ongoing compliance status reports as required by §63.347(g).

(2) Limits on maximum cumulative potential rectifier usage. Section 93102(h)(7)(B) of the California Airborne Toxic Control Measure allows facilities with a maximum cumulative potential rectifier capacity of greater than 60 million ampere-hours per year to be considered small or medium by accepting a limit on the maximum cumulative potential rectifier usage. All such usage limits in non-Title V operating permits are federally-enforceable for the purpose of this rule substitution.

(3) Permitting Agencies' breakdown/malfunction rules. Section 93102(i)(4) of the California Airborne Toxic Control Measure provides that the owner or operator shall report breakdowns as required by the permitting agency's breakdown rule. Under this rule substitution, the permitting agencies' breakdown rules do not override or supplant the requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or Appendix 3; neither expand the scope nor extend the time-frame of a breakdown beyond the definition of section 93102(b)(7); and do not grant the permitting agencies the authority to determine whether a breakdown has occurred, to grant emergency variances, or to decide to take no enforcement action. Owners or operators must submit written breakdown reports even if the permitting agency has not formally requested such reports.

(4) Performance test requirements. Section 93102(d)(3)(A) of the California Airborne Toxic Control Measure allows the use of California Air Resources Board Method 425, dated July 28, 1997, and South Coast Air Quality Management District Method 205.1, dated August 1991, for determining chromium emissions. Any alternatives, modifications, or variations to these test methods must be approved under the procedures in section 93102(k) of the California Airborne Toxic Control Measure.

(6)-(7) [Reserved]

(8) Delaware. (i) Affected sources must comply with the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1-5 and sections 7-14, January 11, 1999 (incorporated by reference as specified in §63.14). The material incorporated in the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1-5 and sections 7-14 pertains to owners and operators of stationary sources in the State of Delaware that have more than a threshold quantity of a regulated substance in a process, as described in section 5.10 of Delaware's regulation, and has been approved under the procedures in §§63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68-Chemical Accident Prevention Provisions.

(ii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A, effective September 11, 1999 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A pertains to owners and operators of stationary sources in the State of Delaware that are subject to emission standard requirements of the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR part 63 and has been approved under the procedures in §§63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart A. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart A, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(iii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M, effective October 11, 2000 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M pertains to owners and operators of perchloroethylene drycleaning facilities and has been approved under the procedures in §63.91 and §63.92 to be implemented and enforced in place of 40 CFR part 63, subpart M. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart M, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(iv) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N, effective October 11, 2000 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N pertains to owners and operators of hard and decorative chromium electroplating and chromium anodizing tanks and has been approved under the procedures in §§63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart N. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart N, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(v) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q, effective May 11, 1998 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q pertains to owners and operators of industrial process cooling towers and has been approved under the procedures in §§63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart Q. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart Q, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(9) District of Columbia. (i) The District of Columbia is delegated the authority to implement and enforce the regulations in 40 CFR part 63, subparts A, M, N, T, VVV and Appendix A and all future unchanged 40 CFR part 63 standards and amendments, if delegation of future standards and amendments is sought by the District of Columbia Department of Health and approved by EPA Region III, at affected sources, as defined by 40 CFR part 63, in accordance with the final rule, dated December 26, 2001, effective February 25, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(10) Florida. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Florida Department of Environmental Protection (FDEP) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major & Area Source Rule Delegations—Florida1

   Source category SubpartFDEP
1HONF, G, H, IX
2Polyvinyl Chloride & Co-polymers VACATED on 5/11/05JX
3Coke OvensLX
4Dry CleanersMX
5Chromium ElectroplatingNX
6EtO Commercial SterilizationOX
7Chromium Cooling TowersQX
8Gasoline Distribution (stage 1)RX
9Pulp & Paper ISX
10Halogenated Solvent CleaningTX
11Polymer & Resins 1UX
12Polymer & Resins 2WX
13Secondary Lead SmeltersXX
14Marine Tank Vessel LoadingYX
15Phosphoric Acid MfgAAX
16Phosphate Fertilizers ProdBBX
17Petroleum RefineriesCCX
18Offsite Waste & RecoveryDDX
   Tanks; Level 1OOX
   ContainersPPX
   Surface ImpoundmentsQQX
   Drain SystemsRRX
   Oil-Water SeparatorsVVX
19Magnetic TapeEEX
20Aerospace IndustryGGX
21Oil & Natural Gas ProdHHX
   Area Source Requirements >>.
22Shipbuilding and RepairIIX
23Wood Furniture MfgJJX
24Printing & PublishingKKX
25Primary AluminumLLX
26Pulp & Paper II (Combustion sources)MMX
27Generic MACT:
   Control DevicesSSX
   Eq. Leaks—Level 1TTX
   Eq. Leaks—Level 2UUX
   Tanks—Level 2WWX
28Generic MACT:
   Ethylene MfgXX & YYX
   Carbon BlackYYX
   Spandex ProdYYX
   Cyanide Chemical MfgYYX
   Acetal ResinsYYX
   Acrylic/Modacrylic FibersYYX
   Hydrogen Fluoride ProdYYX
   Polycarbonates ProdYYX
29Steel PickelingCCCX
30Mineral Wool ProdDDDX
31Hazardous Waste Combustion (Phase I)EEEX
32Boilers that burn Haz. Waste (Phase II)EEEX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEX
34Pharmaceutical ProdGGGX
35Nat. Gas Transmission & StorageHHHX
36Flexible Polyurethane Foam ProdIIIX
37Polymer & Resins 4JJJX
38Portland CementLLLX
39Pesticide Active IngredientsMMMX
40Wool FiberglassNNNX
41Polymer & Resins 3 (Amino & Phenolic)OOOX
42Polyether Polyols ProdPPPX
43Primary CopperQQQX
44Secondary Aluminum ProdRRRX
45Primary Lead SmeltingTTTX
46Petro Refineries (FCC units)UUUX
47POTWVVVX
48FerroalloysXXXX
49Municipal LandfillsAAAAX
50Nutritional YeastCCCCX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDX
52Organic Liquids Distribution (non-gas)EEEEX
53Misc. Organic NESHAPFFFFX
54Vegetable OilGGGGX
55Wet Formed FiberglassHHHHX
56Auto & Light Duty Truck (coating)IIIIX
57Paper & Other WebsJJJJX
58Metal Can (coating)KKKKX
59Misc. Metal Parts (coating)MMMMX
60Large Appliances (coating)NNNNX
61Printing, Coating, & Dyeing FabricsOOOOX
62Plastic Parts & Products (coating)PPPPX
63Wood Building ProductsQQQQX
64Metal Furniture (coating)RRRRX
65Metal Coil (coating)SSSSX
66Leather Tanning & FinishingTTTTX
67Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUX
68Boat ManufacturingVVVVX
69Reinforced Plastic CompositesWWWWX
70Rubber Tire MfgXXXXX
71Stationary Combustion TurbinesYYYYX
72Reciprocating Int. Combustion EnginesZZZZX
   Area Source Requirements >>.
73Lime ManufacturingAAAAAX
74Semiconductor ProductionBBBBBX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07DDDDD
77Iron FoundriesEEEEEX
78Integrated Iron & SteelFFFFFX
79Site RemediationGGGGGX
80Misc. Coating ManufacturingHHHHHX
81Mercury Cell Chlor-AlkaliIIIIIX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJX
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKKX
84Asphalt Roofing & ProcessingLLLLLX
85Flex. Polyurethane Foam FabricationMMMMMX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNX
87Engine & Rocket Test FacilitiesPPPPPX
88Friction Materials ManufacturingQQQQQX
89Taconite Iron OreRRRRRX
90RefactoriesSSSSSX
91Primary MagnesiumTTTTTX
Area Source Rules
92Hospital SterilizersWWWWW
93Stainless and Nonstainless Steel Mfg. Electric Arc FurnacesYYYYYX
94Iron & Steel foundriesZZZZZX
95Gasoline Distribution—BulkBBBBBB
96Gasoline Dispensing FacilitiesCCCCCC
97PVC & Copolymers ProdDDDDDDX
98Primary CopperEEEEEEX
99Secondary Copper SmeltingFFFFFFX
100Primary Nonferrous MetalsGGGGGGX
101Paint StrippingHHHHHH
   Auto-Body Refinishing
   Plastic Parts & Prod. (coating)
102Acrylic/Modacrylic Fibers ProdLLLLLLX
103Carbon Black ProdMMMMMMX
104Chemical Mfg. ChromNNNNNNX
105Flex. Polyurethane Foam FabOOOOOOX
   Flex. Polyurethane Foam Prod
106Lead Acid Battery MfgPPPPPPX
107Wood PreservingQQQQQQX
108Clay Ceramics MfgRRRRRRX
109Glass MfgSSSSSSX
110Secondary Nonferrous MetalsTTTTTTX
110Plating and PolishingWWWWWW
112Industrial Mach. & Eq. FinishingXXXXXX
   Elect. & Electronics Eq. Finishing
   Fabricated Metal Prod
   Fabricated Plate Work (Boiler Shop)
   Fabricated Structural Metal Mfg
   Heating Eq. Mfg
   Iron and Steel Forging
   Primary Metals Prod. Mfg
   Valves and Pipe Fittings Mfg
113Ferroalloys ProductionYYYYYY
   Ferro/Silico Manganese

1State program approved on October 1, 2001. Delegation table last updated on December 19, 2008.

(ii) [Reserved]

(11) Georgia. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Georgia Environmental Protection Division (GEPD) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set force in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major & Area Source Rule Delegations—Georgia1

   Source category SubpartGEPD
1HONF, G, H, IX
2Polyvinyl Chloride & Co-polymers VACATED on 5/11/05JX
3Coke OvensLX
4Dry CleanersMX
5Chromium ElectroplatingNX
6EtO Commercial SterilizationOX
7Chromium Cooling TowersQX
8Gasoline Distribution (stage 1)RX
9Pulp & Paper ISX
10Halogenated Solvent CleaningTX
11Polymer & Resins 1UX
12Polymer & Resins 2WX
13Secondary Lead SmeltersXX
14Marine Tank Vessel LoadingYX
15Phosphoric Acid MfgAAX
16Phosphate Fertilizers ProdBBX
17Petroleum RefineriesCCX
18Offsite Waste & RecoveryDDX
   Tanks; Level 1OOX
   ContainersPPX
   Surface ImpoundmentsQQX
   Drain SystemsRRX
   Oil-Water SeparatorsVVX
19Magnetic TapeEEX
20Aerospace IndustryGGX
21Oil & Natural Gas ProdHHX
   Area Source Requirements >>.
22Shipbuilding and RepairIIX
23Wood Furniture MfgJJX
24Printing & PublishingKKX
25Primary AluminumLL
26Pulp & Paper II (Combustion sources)MMX
27Generic MACT:
   Control DevicesSSX
   Eq. Leaks—Level 1TTX
   Eq. Leaks—Level 2UUX
   Tanks—Level 2WWX
28Generic MACT:
   Ethylene MfgXX & YYX
   Carbon BlackYYX
   Spandex ProdYYX
   Cyanide Chemical MfgYYX
   Acetal ResinsYYX
   Acrylic/Modacrylic FibersYYX
   Hydrogen Fluoride ProdYYX
   Polycarbonates ProdYYX
29Steel PickelingCCCX
30Mineral Wool ProdDDDX
31Hazardous Waste Combustion (Phase I)EEEX
32Boilers that burn Haz. Waste (Phase II)EEEX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEX
34Pharmaceutical ProdGGGX
35Nat. Gas Transmission & StorageHHHX
36Flexible Polyurethane Foam ProdI I IX
37Polymer & Resins 4JJJX
38Portland CementLLLX
39Pesticide Active IngredientsMMMX
40Wool FiberglassNNNX
41Polymer & Resins 3 (Amino & Phenolic)OOOX
42Polyether Polyols ProdPPPX
43Primary CopperQQQX
44Secondary Aluminum ProdRRRX
45Primary Lead SmeltingTTTX
46Petro Refineries (FCC units)UUUX
47POTWVVVX
48FerroalloysXXXX
49Municipal LandfillsAAAAX
50Nutritional YeastCCCCX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDX
52Organic Liquids Distribution (non-gas)EEEEX
53Misc. Organic NESHAPFFFFX
54Vegetable OilGGGGX
55Wet Formed FiberglassHHHHX
56Auto & Light Duty Truck (coating)IIIIX
57Paper & Other WebsJJJJX
58Metal Can (coating)KKKKX
59Misc. Metal Parts (coating)MMMMX
60Large Appliances (coating)NNNNX
61Printing, Coating, & Dyeing FabricsOOOOX
62Plastic Parts & Products (coating)PPPPX
63Wood Building ProductsQQQQX
64Metal Furniture (coating)RRRRX
65Metal Coil (coating)S S S SX
66Leather Tanning & FinishingTTTTX
67Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUX
68Boat ManufacturingVVVVX
69Reinforced Plastic CompositesWWWWX
70Rubber Tire MfgXXXXX
71Stationary Combustion TurbinesYYYYX
72Reciprocating Int. Combustion EnginesZZZZX
   Area Source Requirements >>.
73Lime ManufacturingAAAAAX
74Semiconductor ProductionBBBBBX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07DDDDD
77Iron FoundriesEEEEEX
78Integrated Iron & SteelFFFFFX
79Site RemediationGGGGGX
80Misc. Coating ManufacturingHHHHHX
81Mercury Cell Chlor-AlkaliIIIIIX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
84Asphalt Roofing & ProcessingLLLLLX
85Flex. Polyurethane Foam FabricationMMMMMX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNX
87Engine & Rocket Test FacilitiesPPPPPX
88Friction Materials ManufacturingQQQQQX
89Taconite Iron OreRRRRRX
90RefactoriesSSSSSX
91Primary MagnesiumTTTTTX
Area Source Rules
92Hospital SterilizersWWWWW
93Stainless and Nonstainless Steel Mfg. Electric Arc FurnacesYYYYY
94Iron & Steel foundriesZZZZZ
95Gasoline Distribution—BulkBBBBBB
96Gasoline Dispensing FacilitiesCCCCCC
97PVC & Copolymers ProdDDDDDD
98Primary CopperEEEEEE
99Secondary Copper SmeltingFFFFFF
100Primary Nonferrous MetalsGGGGGG
   Paint Stripping
101Auto-Body RefinishingHHHHHH
   Plastic Parts & Prod. (coating)
102Acrylic/Modacrylic Fibers ProdLLLLLL
103Carbon Black ProdMMMMMM
104Chemical Mfg. ChromNNNNNN
   Flex. Polyurethane Foam Fab
105Flex. Polyurethane Foam ProdOOOOOO
106Lead Acid Battery MfgPPPPPP
107Wood PreservingQQQQQQ
108Clay Ceramics MfgRRRRRR
109Glass MfgSSSSSS
110Secondary Nonferrous MetalsTTTTTT
110Plating and PolishingWWWWWW
112Industrial Mach. & Eq. FinishingXXXXXX
   Elect. & Electronics Eq. Finishing
   Fabricated Metal Prod
   Fabricated Plate Work (Boiler Shop)
   Fabricated Structural Metal Mfg
   Heating Eq. Mfg
   Iron and Steel Forging
   Primary Metals Prod. Mfg
   Valves and Pipe Fittings Mfg
113Ferroalloys ProductionYYYYYY
   Ferro/Silico Manganese

1State program approved on June 8, 2000. Delegation table last updated on September 15, 2008.

(ii) Georgia Environmental Protection Division (GEPD) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Augusta Mill, Augusta, Georgia, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon GEPD including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(12) [Reserved]

(13) Idaho. (i) The following table lists the specific part 63 subparts that have been delegated unchanged to the Idaho Department of Environmental Quality. The (X) symbol indicates that all or part of the subpart is delegated, subject to the conditions and limits in EPA's action:

Delegation Status of Part 63 NESHAPS—State of Idaho1

Subpart IDEQ
A. General ProvisionsX
D. Early ReductionsX
F. HON-SOCMIX
G. HON-Process VentsX
H. HON-Equipment LeaksX
I. HON-Negotiated LeaksX
L. Coke Oven BatteriesX
M. Perchloroethylene Dry CleaningX
N. Chromium ElectroplatingX
O. Ethylene Oxide SterilizersX
Q. Industrial Process Cooling TowersX
R. Gasoline DistributionX
S. Pulp and PaperX
T. Halogenated Solvent CleaningX
U. Polymers and Resins IX
W. Polymers and Resins II—EpoxyX
X. Secondary Lead SmeltingX
Y. Marine Tank Vessel LoadingX
AA. Phosphoric Acid Manufacturing PlantsX
BB. Phosphate Fertilizers Production PlantsX
CC. Petroleum RefineriesX
DD. Off-Site Waste and RecoveryX
EE. Magnetic Tape ManufacturingX
GG. Aerospace Manufacturing & ReworkX
HH. Oil and Natural Gas Production FacilitiesX
II. Shipbuilding and Ship RepairX
JJ. Wood Furniture Manufacturing OperationsX
KK. Printing and Publishing IndustryX
LL. Primary AluminumX
OO. Tanks—Level 1X
PP. ContainersX
QQ. Surface ImpoundmentsX
RR. Individual Drain SystemsX
SS. Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process
TT. Equipment Leaks—Control Level 1X
UU. Equipment Leaks—Control Level 2X
VV. Oil-Water Separators and Organic-Water SeparatorsX
WW. Storage Vessels (Tanks)—Control Level 2X
YY. Source Categories: Generic MACTX
CCC. Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration PlantsX
DDD. Mineral Wool ProductionX
EEE. Hazardous Waste CombustorsX
GGG. Pharmaceuticals ProductionX
HHH. Natural Gas Transmission and Storage FacilitiesX
III. Flexible Polyurethane Foam ProductionX
JJJ. Polymers and Resins IVX
LLL. Portland Cement ManufacturingX
MMM. Pesticide Active Ingredient ProductionX
NNN. Wool Fiberglass ManufacturingX
OOO. Manufacture of Amino Phenolic ResinsX
PPP. Polyether Polyols ProductionX
RRR. Secondary Aluminum ProductionX
TTT. Primary Lead SmeltingX
VVV. Publicly Owned Treatment WorksX
XXX. Ferroalloys Production: Ferromanganese & SilicomanganeseX

1Delegation is for major sources only and subject to all federal law, regulations, policy and guidance.

(ii) [Reserved]

(14)-(17) [Reserved]

(18) Kentucky.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Kentucky Department of Environmental Protection for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major and Area Source Rule Delegations—Kentucky1

   Source categorySubpartKDEP2LAPCD3
1HONF,G,H,IXX
2Polyvinyl Chloride & Co-polymers VACATED on 5/11/05J
3Coke OvensLXX
4Dry CleanersMXX
5Chromium ElectroplatingNXX
6EtO Commercial SterilizationOXX
7Chromium Cooling TowersQXX
8Gasoline Distribution (stage 1)RXX
9Pulp & Paper ISXX
10Halogenated Solvent CleaningTXX
11Polymer & Resins 1UXX
12Polymer & Resins 2WXX
13Secondary Lead SmeltersXXX
14Marine Tank Vessel LoadingYXX
15Phosphoric Acid MfgAAXX
16Phosphate Fertilizers ProdBBXX
17Petroleum RefineriesCCXX
18Offsite Waste & RecoveryDDXX
   Tanks; Level 1OOXX
   ContainersPPXX
   Surface ImpoundmentsQQXX
   Drain SystemsRRXX
   Oil-Water SeparatorsVVXX
19Magnetic TapeEEXX
20Aerospace IndustryGGXX
21Oil & Natural Gas ProdHHXX
   Area Source Requirements >>.X
22Shipbuilding and RepairIIXX
23Wood Furniture MfgJJXX
24Printing & PublishingKKXX
25Primary AluminumLLX
26Pulp & Paper II (Combustion sources)MMXX
27Generic MACT:
   Control DevicesSSXX
   Eq. Leaks—Level 1TTXX
   Eq. Leaks—Level 2UUXX
   Tanks—Level 2WWXX
28General MACT:
   Ethylene MfgXX & YYXX
   Carbon BlackYYXX
   Spandex ProdYYXX
   Cyanide Chemical MfgYYXX
   Acetal ResinsYYXX
   Acrylic/Modacrylic FibersYYXX
   Hydrogen Fluoride ProdYYXX
   Polycarbonates ProdYYXX
29Steel PicklingCCCXX
30Mineral Wool ProdDDDXX
31Hazardous Waste Combustion (Phase I)EEEXX
32Boilers that burn Haz. Waste (Phase II)EEEXX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEXX
34Pharmaceutical ProdGGGXX
35Nat. Gas Transmission & StorageHHHXX
36Flexible Polyurethane Foam ProdIIIXX
37Polymer & Resins 4JJJXX
38Portland CementLLLXX
39Pesticide Active IngredientsMMMXX
40Wool FiberglassNNNXX
41Polymer & Resins 3 (Amino & Phenolic)OOOXX
42Polyether Polyols ProdPPPXX
43Primary CopperQQQXX
44Secondary Aluminum ProdRRRXX
45Primary Lead SmeltingTTTX
46Petro Refineries (FCC units)UUUXX
47POTWVVVXX
48FerroalloysXXXXX
49Municipal LandfillsAAAAXX
50Nutritional YeastCCCCXX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDXX
52Organic Liquids Distribution (non-gas)EEEEXX
53Misc. Organic NESHAPFFFFXX
54Vegetable OilGGGGXX
55Wet Formed FiberglassHHHHXX
56Auto & Light Duty Truck (coating)IIIIXX
57Paper & Other WebsJJJJXX
58Metal Can (coating)KKKKXX
59Misc. Metal Parts (coating)MMMMXX
60Large Appliances (coating)NNNNXX
61Printing, Coating, & Dyeing FabricsOOOOXX
62Plastic Parts & Products (coating)PPPPXX
63Wood Building ProductsQQQQXX
64Metal Furniture (coating)RRRRXX
65Metal Coil (coating)SSSSXX
66Leather Tanning & FinishingTTTTXX
67Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUXX
68Boat ManufacturingVVVVXX
69Reinforced Plastic CompositesWWWWXX
70Rubber Tire MfgXXXXXX
71Stationary Combustion TurbinesYYYYXX
72Reciprocating Int. Combustion EnginesZZZZXX
   Area Source Requirements >>.X
73Lime ManufacturingAAAAAXX
74Semiconductor ProductionBBBBBXX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCXX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07.DDDDD
77Iron FoundriesEEEEEXX
78Integrated Iron & SteelFFFFFXX
79Site RemediationGGGGGXX
80Misc. Coating ManufacturingHHHHHXX
81Mercury Cell Chlor-AlkaliIIIIIXX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
84Asphalt Roofing & ProcessingLLLLLXX
85Flex. Polyurethane Foam FabricationMMMMMXX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNXX
87Engine & Rocket Test FacilitiesPPPPPXX
88Friction Materials ManufacturingQQQQQXX
89Taconite Iron OreRRRRRXX
90RefactoriesSSSSSXX
91Primary MagnesiumTTTTTXX
Ares Source Rules
92Hospital SterilizersWWWWWX
93Electric Arc Furnaces Stainless and Nonstainless Steel MfgYYYYYX
94Iron & Steel foundriesZZZZZX
95Gasoline Distribution—BulkBBBBBBX
96Gasoline Dispensing FacilitiesCCCCCCX
97PVC & Copolymers ProdDDDDDDX
98Primary CopperEEEEEEX
99Secondary Copper SmeltingFFFFFFX
100Primary Nonferrous Metals Paint StrippingGGGGGGX
101Auto-Body Refinishing Plastic Parts & Prod. (coating)HHHHHHX
102Acrylic/Modacrylic Fibers ProdLLLLLLX
103Carbon Black ProdMMMMMMX
104Chemical Mfg. Chrom Flex. Polyurethane Foam FabNNNNNNX
105Flex. Polyurethane Foam ProdOOOOOOX
106Lead Acid Battery MfgPPPPPPX
107Wood PreservingQQQQQQX
108Clay Ceramics MfgRRRRRR
109Glass MfgSSSSSS
110Secondary Nonferrous MetalsTTTTTT
111Plating and PolishingWWWWWW
112Hearing Eq. MfgXXXXXX
   Industrial Mach. & Eq. Finishing
   Elect. & Electronics Eq. Finishing
   Fabricated Metal Prod
   Fabricated Plate Work (Boiler Shop)
   Fabricated Structural Metal Mfg
   Iron and Steel Forging
   Primary Metals Prod. Mfg
   Valves and Pipe Fittings Mfg
   Ferroalloys Production
113Ferro/Silico ManganeseYYYYYY

1State program approved on October 31, 2001. Delegation table last updated on April 1, 2009.

2Kentucky Department for Environmental Protection.

3Louisville Air Pollution Control District.

(ii) [Reserved]

(19) Louisiana.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Louisiana Department of Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after the date of adoption are not delegated.

Delegation Status for Part 63 Standards—State of Louisiana

SubpartSource categoryLDEQ1
AGeneral ProvisionsX
DEarly ReductionsNO
F,G,H & ISOCMI HONX
JPolyvinyl Chloride & Copolymers ProductionNO2
LCoke Oven BatteriesX
MPerchloroethylene—Dry CleanersX
NChromiumX
OEthylene Oxide SterilizationX
QIndustrial Process Cooling TowersX
RGasoline DistributionX
SPulp & Paper MACT IX
THalogenated SolventX
UPolymers & Resins/Group IX
WEpoxy Resins and Non-Nylon PolyamidesX
XSecondary Lead SmeltingX
YMarine Vessel LoadingX
AA/BBPhosphoric Acid/Phosphate FertilizersX
CCPetroleum Refineries (MACT I)X
DDOffsite Waste & RecoveryX
EEMagnetic Tape MfgX
GGAerospace Mfg and ReworkX
HHOil & Natural Gas ProductionX
IIShipbuilding & Ship RepairX
JJWood Furniture ManufacturingX
KKPrinting & PublishingX
LLPrimary Aluminum Reduction PlantsX
MMCombustion Sources at Kraft, Soda, and Sulfite Pulp & Paper MillsX
OOStorage Vessels (Tanks)—Control Level 1X
PPStandards for ContainersX
QQStandards for Surface ImpoundmentsX
RRStandards for Individual Drain SystemsX
SSClosed Vent Systems, Control Devices, Recovery Devices & Routing to a Fuel Gas System or a ProcessX
TTEquipment Leaks—Control Level 1X
UUEquipment Leaks—Control Level 2X
VVStandards for Oil-Water Separators & Organic-Water SeparatorsX
WWStorage Vessels (Tanks)—Control Level 2X
XXEthylene Manufacturing Process Units: Heat Exchange Systems & Waste OperationsX
YYAcetal ResinsX
YYAcrylic/Modacrylic FibersX
YYCarbon Black ProductionX
YYCyanide Chemicals MfgX
YYEthylene ProductionX
YYHydrogen FluorideX
YYPolycarbonates ProductionX
YYSpandex ProductionX
CCCSteel Pickling—HCL Process Facilities and Hydrochloric Acid Regeneration PlantsX
DDDStandards for Mineral-Wool ProductionX
EEEStandards for Hazardous Waste CombustorsX
GGGStandards for Pharmaceuticals ProductionX
HHHStandards for Natural Gas Transmission & StorageX
IIIFlexible Polyurethane Foam ProductionX
JJJPolymers & Resins/Group IVX
LLLPortland Cement ManufacturingX
MMMPesticide Active Ingredient ProductionX
NNNWool FiberglassX
OOOPolymers & Resins III Amino Resins, Phenolic ResinsX
PPPPolyether Polyols ProductionX
QQQPrimary Copper SmeltingX
RRRSecondary Aluminum ProductionX
TTTPrimary Lead SmeltingX
UUUPetroleum Refineries (Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants)X
VVVPublicly Owned Treatment Works (POTW)X
XXXFerroalloys ProductionX
ZZZPlywood/Particle Board ManufacturingNO
AAAAMunicipal Solid Waste LandfillsX
CCCCNutritional Yeast ManufacturingX
DDDDPlywood & Composite Wood ProductsNO
EEEEOrganic Liquids Distribution (Non-Gasoline)X
FFFFMiscellaneous OrganicX
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet-Formed Fiberglass Mat ProductionX
IIIIAuto & Light Duty Truck (Surface Coating)X
JJJJPaper & Other Webs (Surface Coating)X
KKKKMetal Can (Surface Coating)X
MMMMMisc. Metal Parts (Surface Coating)X
NNNNLarge Appliances (Surface Coating)X
OOOOFabric Printing, Coating & Dyeing (Surface Coating)X
PPPPPlastic Parts & Products (Surface Coating)X
QQQQWood Building Products (formerly Flat Wood Paneling) (Surface Coating)X
RRRRMetal Furniture (Surface Coating)X
SSSSMetal Coil (Surface Coating)X
TTTTLeather-Finishing OperationsX
UUUUCellulose ProductsX
VVVVBoat ManufacturingX
WWWWReinforced Plastics Composites ProductionX
XXXXRubber Tire ManufacturingX
YYYYCombustion TurbinesX
ZZZZReciprocating Internal Combustion Engines (RICE)X
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Oven; Pushing, Quenching, and Battery StacksX
DDDDDIndustrial, Commercial and Institutional Boilers & Process HeatersNO2
EEEEEIron & Steel FoundriesX
FFFFFIntegrated Iron & Steel Manufacturing FacilitiesX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsNO2
JJJJJBrick & Structural Clay Products ManufacturingNO2
KKKKKClay Ceramics ManufacturingNO2
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid ProductionX
PPPPPEngine Test Cells/Stands (Combined w/Rocket Testing Facilities)X
QQQQQFriction Products ManufacturingX
RRRRRTaconite Ore ProcessingX
SSSSSRefractory Products ManufacturingX
TTTTTPrimary Magnesium RefiningX
YYYYYElectric Arc Furnace Steelmaking FacilitiesX
BBBBBBGasoline Distribution TerminalsX
CCCCCCGasoline Dispensing FacilitiesX
DDDDDDPolyvinyl Chloride and Copolymers ProductionX
EEEEEEPrimary Copper SmeltingX
FFFFFFSecondary Copper SmeltingX
GGGGGGPrimary Nonferrous Metals Zinc, Cadmium, and BerylliumX
HHHHHHPaint Stripping and Miscellaneous Surface CoatingX
LLLLLLAcrylic/Modacrylic FiborX
MMMMMMCarbon Black ProductionX
NNNNNNChromium CompoundsX
PPPPPPLead Acid Battery Mfg.X
QQQQQQWood PreservingX
RRRRRRClay Ceramics Mfg.X
SSSSSSGlass ManufacturingX
TTTTTTSecondary Nonferrous Metals Processing (Brass, Bronze, Magnesium, & Zinc)X
UUUUUU—VVVVVV(Reserved).
WWWWWWPlating and Polishing OperationsX
XXXXXXMetal Fabrication & Finishing Source Nine CategoriesX
YYYYYYFerroalloys Production FacilitiesX
ZZZZZZ(Reserved).

1Federal Rules Adopted by Louisiana Department of Environmental Quality (LDEQ), unchanged as of June 16, 2006.

2Although previously delegated to some States, this standard has been vacated and remanded to EPA by the U.S. Court of Appeals for District of Columbia Circuit. Therefore, this standard is not delegated at this time to any States in Region 6.

(20) Maine.

(i) [Reserved]

(ii) Maine Department of Environmental Protection (ME DEP) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Lincoln Pulp and Paper, located in Lincoln, Maine, for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon ME DEP including, in title V permits, terms and conditions that are no less stringent than the federal standard and have been approved by EPA. In addition, the requirement applicable to the source remains the federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(iii) Affected area sources within Maine must comply with the Maine Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(20)(iii)(A) of this section:

(A) The material incorporated into the Maine Department of Environmental Protection regulations at Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of June 2, 1991, last amended on June 24, 2009, pertaining to dry cleaning facilities in the State of Maine jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in §63.320(h).

(1) Authorities not delegated.

(i) Maine is not delegated the Administrator's authority to implement and enforce Maine regulations at Chapter 125, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in §63.320(g).

(ii) Maine is not delegated the Administrator's authority to implement and enforce Maine regulations at Chapter 125, in lieu of those provisions of subpart M of this part which apply to dry cleaning systems installed in a building with a residence between July 13, 2006 and June 24, 2009, as defined in §§63.320(b)(2)(i) and 63.322(o)(4).

(2) [Reserved]

(B) [Reserved]

(21) Maryland. (i) Maryland is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Maryland Department of the Environment, dated November 3, 1999, and any mutually acceptable amendments to that agreement.

(ii) Maryland is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Maryland Department of the Environment and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(iii) EPA has granted the Maryland Department of the Environment (MDE) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the MDE may establish and enforce alternative State requirements for MeadWestvaco Company's Luke Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills found at 40 CFR part 63, subpart MM. The MDE may only establish alternative requirements for the Luke Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The MDE must, in order to establish alternative requirements for the Luke Mill under its EPA approved EBP program: submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and issue a CAA Title V permit for the Luke Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the MDE has issued a final CAA Title V permit incorporating them, MeadWestvaco Company's Luke Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart MM.

(22) Massachusetts.

(i) [Reserved]

(ii) Affected area sources within Massachusetts must comply with the Massachusetts Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(22)(ii)(A) of this section:

(A) The material incorporated into the Massachusetts Department of Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, Environmental Results Program Certification, effective as of December 28, 2007, pertaining to dry cleaning facilities in the Commonwealth of Massachusetts jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in §63.320(h).

(1) Authorities not delegated.

(i) Massachusetts is not delegated the Administrator's authority to implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16) and 310 CMR 70.00, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in §63.320(g).

(ii) Massachusetts is not delegated the Administrator's authority to implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16) and 310 CMR 70.00, in lieu of those provisions of subpart M of this part which apply to dry cleaning systems installed in a building with a residence between December 21, 2005 and July 13, 2006, as defined in §§63.320(b)(2)(ii) and 63.322(o)(5)(i)-(ii).

(B) [Reserved]

(23)-(24) [Reserved]

(25) Mississippi. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Mississippi Department of Environmental Quality (MDEQ) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major & Area Source Rule Delegations—Mississippi1

   Source category SubpartMDEQ
1HONF, G, H, IX
2Polyvinyl Chloride & Co-polymers VACATED on 5/11/05J
3Coke OvensLX
4Dry CleanersMX
5Chromium ElectroplatingNX
6EtO Commercial SterilizationOX
7Chromium Cooling TowersQX
8Gasoline Distribution (stage 1)RX
9Pulp & Paper ISX
10Halogenated Solvent CleaningTX
11Polymer & Resins 1UX
12Polymer & Resins 2WX
13Secondary Lead SmeltersXX
14Marine Tank Vessel LoadingYX
15Phosphoric Acid MfgAAX
16Phosphate Fertilizers ProdBBX
17Petroleum RefineriesCCX
18Offsite Waste & RecoveryDDX
   Tanks; Level 1OOX
   ContainersPPX
   Surface ImpoundmentsQQX
   Drain SystemsRRX
   Oil-Water SeparatorsVVX
19Magnetic TapeEEX
20Aerospace IndustryGGX
21Oil & Natural Gas ProdHHX
   Area Source Requirements >>.
22Shipbuilding and RepairIIX
23Wood Furniture MfgJJX
24Printing & PublishingKKX
25Primary AluminumLLX
26Pulp & Paper II (Combustion sources)MMX
27Generic MACT:
   Control DevicesSSX
   Eq. Leaks—Level 1TTX
   Eq. Leaks—Level 2UUX
   Tanks—Level 2WWX
28Generic MACT:
   Ethylene MfgXX & YYX
   Carbon BlackYYX
   Spandex ProdYYX
   Cyanide Chemical MfgYYX
   Acetal ResinsYYX
   Acrylic/Modacrylic FibersYYX
   Hydrogen Fluoride ProdYYX
   Polycarbonates ProdYYX
29Steel PickelingCCCX
30Mineral Wool ProdDDDX
31Hazardous Waste Combustion (Phase I)EEEX
32Boilers that burn Haz. Waste (Phase II)EEEX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEX
34Pharmaceutical ProdGGGX
35Nat. Gas Transmission & StorageHHHX
36Flexible Polyurethane Foam ProdIIIX
37Polymer & Resins 4JJJX
38Portland CementLLLX
39Pesticide Active IngredientsMMMX
40Wool FiberglassNNNX
41Polymer & Resins 3 (Amino & Phenolic)OOOX
42Polyether Polyols ProdPPPX
43Primary CopperQQQX
44Secondary Aluminum ProdRRRX
45Primary Lead SmeltingTTTX
46Petro Refineries (FCC units)UUUX
47POTWVVVX
48FerroalloysXXXX
49Municipal LandfillsAAAAX
50Nutritional YeastCCCCX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDX
52Organic Liquids Distribution (non-gas)EEEEX
53Misc. Organic NESHAPFFFFX
54Vegetable OilGGGGX
55Wet Formed FiberglassHHHHX
56Auto & Light Duty Truck (coating)IIIIX
57Paper & Other WebsJJJJX
58Metal Can (coating)KKKKX
59Misc. Metal Parts (coating)MMMMX
60Large Appliances (coating)NNNNX
61Printing, Coating, & Dyeing FabricsOOOOX
62Plastic Parts & Products (coating)PPPPX
63Wood Building ProductsQQQQX
64Metal Furniture (coating)RRRRX
65Metal Coil (coating)SSSSX
66Leather Tanning & FinishingTTTTX
67Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUX
68Boat ManufacturingVVVVX
69Reinforced Plastic CompositesWWWWX
70Rubber Tire MfgXXXXX
71Stationary Combustion TurbinesYYYYX
72Reciprocating Int. Combustion EnginesZZZZX
   Area Source Requirements >>.
73Lime ManufacturingAAAAAX
74Semiconductor ProductionBBBBBX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07DDDDD
77Iron FoundriesEEEEEX
78Integrated Iron & SteelFFFFFX
79Site RemediationGGGGGX
80Misc. Coating ManufacturingHHHHHX
81Mercury Cell Chlor-AlkaliIIIIIX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
84Asphalt Roofing & ProcessingLLLLLX
85Flex. Polyurethane Foam FabricationMMMMMX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNX
87Engine & Rocket Test FacilitiesPPPPPX
88Friction Materials ManufacturingQQQQQX
89Taconite Iron OreRRRRRX
90RefactoriesSSSSSX
91Primary MagnesiumTTTTTX
Area Source Rules
92Hospital SterilizersWWWWWX
93Stainless and Nonstainless Steel Mfg. Electric Arc FurnacesYYYYYX
94Iron & Steel foundriesZZZZZX
95Gasoline Distribution—BulkBBBBBBX
96Gasoline Dispensing FacilitiesCCCCCCX
97PVC & Copolymers Prod.DDDDDDX
98Primary CopperEEEEEEX
99Secondary Copper SmeltingFFFFFFX
100Primary Nonferrous MetalsGGGGGGX
   Paint Stripping
101Auto-Body RefinishingHHHHHH
   Plastic Parts & Prod. (coating)
102Acrylic/Modacrylic Fibers ProdLLLLLLX
103Carbon Black ProdMMMMMMX
104Chemical Mfg. ChromNNNNNNX
   Flex. Polyurethane Foam Fab
105Flex. Polyurethane Foam ProdOOOOOOX
106Lead Acid Battery Mfg.PPPPPPX
107Wood PreservingQQQQQQX
108Clay Ceramics MfgRRRRRRX
109Glass MfgSSSSSSX
110Secondary Nonferrous MetalsTTTTTTX
110Plating and PolishingWWWWWWX
112Heating Eq. MfgXXXXXXX
   Industrial Mach. & Eq. Finishing
   Elect. & Electronics Eq. Finishing
   Fabricated Metal Prod
   Fabricated Plate Work (Boiler Shop)
   Fabricated Structural Metal Mfg
   Iron and Steel Forging
   Primary Metals Prod. Mfg
   Valves and Pipe Fittings Mfg
113Ferroalloys Production
Ferro/Silico Manganese
YYYYYY

1State program approved on December 28, 1994. Delegation table last updated on November 3, 2008.

(ii) [Reserved]

(26)-(28) [Reserved]

(29) Nevada. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the air pollution control agencies in the State of Nevada. The (X) symbol is used to indicate each category that has been delegated.

Delegation Status for Part 63 Standards—Nevada

Subpart Description NDEP1 Washoe2 Clark3
AGeneral ProvisionsXXX
FSynthetic Organic Chemical Manufacturing IndustryXX
GSynthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and WastewaterXX
HOrganic Hazardous Air Pollutants: Equipment LeaksXX
IOrganic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment LeaksXX
JPolyvinyl Chloride and Copolymers ProductionXX
LCoke Oven BatteriesXX
MPerchloroethylene Dry CleaningXXX
NHard and Decorative Chromium Electroplating and Chromium Anodizing TanksXXX
OEthylene Oxide Sterilization FacilitiesXXX
QIndustrial Process Cooling TowersXX
RGasoline Distribution FacilitiesXXX
SPulp and PaperXX
THalogenated Solvent CleaningXXX
UGroup I Polymers and ResinsXX
WEpoxy Resins Production and Non-Nylon Polyamides ProductionXX
XSecondary Lead SmeltingXX
YMarine Tank Vessel Loading OperationsX
AAPhosphoric Acid Manufacturing PlantsXX
BBPhosphate Fertilizers Production PlantsXX
CCPetroleum RefineriesXX
DDOff-Site Waste and Recovery OperationsXX
EEMagnetic Tape Manufacturing OperationsXX
GGAerospace Manufacturing and Rework FacilitiesXX
HHOil and Natural Gas Production FacilitiesXX
IIShipbuilding and Ship Repair (Surface Coating)XX
JJWood Furniture Manufacturing OperationsXX
KKPrinting and Publishing IndustryXXX
LLPrimary Aluminum Reduction PlantsXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXX
OOTanks—Level 1XX
PPContainersXX
QQSurface ImpoundmentsXX
RRIndividual Drain SystemsXX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXX
TTEquipment Leaks—Control Level 1XX
UUEquipment Leaks—Control Level 2XX
VVOil-Water Separators and Organic-Water SeparatorsXX
WWStorage Vessels (Tanks)—Control Level 2XX
XXEthylene Manufacturing Process Units: Heat Exchange Systems and Waste OperationsXX
YYGeneric MACT StandardsXX
CCCSteel PicklingXX
DDDMineral Wool ProductionXX
EEEHazardous Waste CombustorsXX
GGGPharmaceuticals ProductionXX
HHHNatural Gas Transmission and Storage FacilitiesXX
IIIFlexible Polyurethane Foam ProductionXX
JJJGroup IV Polymers and ResinsXX
LLLPortland Cement Manufacturing IndustryXX
MMMPesticide Active Ingredient ProductionXX
NNNWool Fiberglass ManufacturingXX
OOOManufacture of Amino/Phenolic ResinsXX
PPPPolyether Polyols ProductionXX
QQQPrimary Copper SmeltingXX
RRRSecondary Aluminum ProductionXX
TTTPrimary Lead SmeltingXX
UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXX
VVVPublicly Owned Treatment WorksXXX
XXXFerroalloys ProductionXX
AAAAMunicipal Solid Waste LandfillsXX
CCCCManufacturing of Nutritional YeastXX
DDDDPlywood and Composite Wood ProductsXX
EEEEOrganic Liquids Distribution (non-gasoline)XXX
FFFFMiscellaneous Organic Chemical ManufacturingXX
GGGGSolvent Extraction for Vegetable Oil ProductionXX
HHHHWet-Formed Fiberglass Mat ProductionXX
IIIISurface Coating of Automobiles and Light-Duty TrucksXX
JJJJPaper and Other Web CoatingXX
KKKKSurface Coating of Metal CansXX
MMMMMiscellaneous Metal Parts and ProductsXX
NNNNLarge AppliancesXX
OOOOPrinting, Coating, and Dyeing of Fabrics and Other TextilesXX
PPPPSurface Coating of Plastic Parts and ProductsXX
QQQQWood Building ProductsXX
RRRRSurface Coating of Metal FurnitureXX
SSSSSurface Coating of Metal CoilXX
TTTTLeather Finishing OperationsXX
UUUUCellulose Products ManufacturingXX
VVVVBoat ManufacturingXX
WWWWReinforced Plastics Composites ProductionXXX
XXXXTire ManufacturingXX
YYYYStationary Combustion TurbinesXX
ZZZZStationary Reciprocating Internal Combustion EnginesXXX
AAAAALime Manufacturing PlantsXX
BBBBBSemiconductor ManufacturingXX
CCCCCCoke Oven: Pushing, Quenching and Battery StacksXX
DDDDDIndustrial, Commercial, and Institutional Boiler and Process HeatersXX
EEEEEIron and Steel FoundriesXX
FFFFFIntegrated Iron and SteelXX
GGGGGSite RemediationXX
HHHHHMiscellaneous Coating ManufacturingXX
IIIIIMercury Emissions from Mercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products ManufacturingXX
KKKKKClay Ceramics ManufacturingXX
LLLLLAsphalt Roofing and ProcessingXX
MMMMMFlexible Polyurethane Foam Fabrication OperationXX
NNNNNHydrochloric Acid ProductionXX
PPPPPEngine Test Cells/StandsXX
QQQQQFriction Products ManufacturingXX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufacturingXX
TTTTTPrimary Magnesium RefiningX
WWWWWHospital Ethylene Oxide SterilizersXXX
YYYYYElectric Arc Furnace Steelmaking Facilities (area sources)XX
ZZZZZIron and Steel Foundries Area SourcesXX
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants and Pipeline FacilitiesXXX
CCCCCCGasoline Dispensing FacilitiesXXX
DDDDDDPolyvinyl Chloride and Copolymers Production Area SourcesXX
EEEEEEPrimary Copper Smelting Area SourcesXX
FFFFFFSecondary Copper Smelting Area SourcesXX
GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumXX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXXX
JJJJJJIndustrial, Commercial, and Institutional Boilers and Process Heaters—Area SourcesX
LLLLLLAcrylic and Modacrylic Fibers Production Area SourcesXX
MMMMMMCarbon Black Production Area SourcesXX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsXX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area SourcesXXX
PPPPPPLead Acid Battery Manufacturing Area SourcesXX
QQQQQQWood Preserving Area SourcesXX
RRRRRRClay Ceramics Manufacturing Area SourcesXX
SSSSSSGlass Manufacturing Area SourcesXX
TTTTTTSecondary Nonferrous Metals Processing Area SourcesXX
VVVVVVChemical Manufacturing Industry—Area SourcesX
WWWWWWArea Source Standards for Plating and Polishing OperationsXXX
XXXXXXArea Source Standards for Nine Metal Fabrication and Finishing Source CategoriesXXX
YYYYYYArea Sources: Ferroalloys Production FacilitiesX
ZZZZZZArea Source Standards for Aluminum, Copper, and Other Nonferrous FoundriesXX
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing—Area SourcesX
BBBBBBBChemical Preparations Industry—Area SourcesX
CCCCCCCPaint and Allied Products Manufacturing—Area SourcesX
EEEEEEEGold Mine Ore Processing and Production—Area SourcesX

1 Nevada Division of Environmental Protection.

2 Washoe County Air Quality Management Division.

3 Clark County Department of Air Quality Management.

(ii) [Reserved]

(30) New Hampshire. (i) New Hampshire is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards in accordance with the delegation procedures in Attachment II of the delegation request letter dated May 9, 2002 submitted by NH DES to EPA and any mutually acceptable amendments to those delegation procedures.

(ii) New Hampshire Department of Environmental Services (NH DES) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Groveton Paper Board Inc. of Groveton, NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and subpart MM—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This action is contingent upon NH DES including, in title V permits, terms and conditions that are no less stringent than the Federal standard and have been approved by EPA. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(iii) Affected inactive waste disposal sites not operated after July 9, 1981 within New Hampshire must comply with New Hampshire Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14(d)) as described in paragraph (a)(30)(iii)(A) of this section:

(A) The material incorporated into the New Hampshire Regulations at Env-Sw 2100: Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective February 16, 2010, pertaining to inactive waste disposal sites not operated after July 9, 1981 in the State of New Hampshire's jurisdiction, and has been approved under the procedures in 40 CFR 63.93 to be implemented and enforced in place of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR 61.151).

(B) [Reserved]

(iv) Affected asbestos facilities (i.e., facilities found under 40 CFR Part 61, subpart M, except those listed under paragraph (a)(30)(iii)) of this section) must comply with New Hampshire Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14(d)) as described in paragraph (a)(30)(iv)(A) of this section:

(A) The material incorporated into the New Hampshire Regulations at Env-A 1800, Asbestos Management and Control, effective October 21, 2008, Sections 1801-1807, excluding the following provisions: 1801.02(e), 1802.02, 1802.04, 1802.07-1802.09, 1802.13, 1802.15-1802.17, 1802.28-1802.29, 1802.36, 1802.42, 1802.45, 1802.50, 1802.54, 1804.05-1804.09, and 1807.02, pertaining to those affected sources in the State of New Hampshire's jurisdiction, and has been approved under the procedures in 40 CFR 63.92 to be implemented and enforced in place of the federal NESHAPs found at 40 CFR part 61, subpart M (except those listed under paragraph (a)(30)(iii) of this section).

(B) [Reserved]

(31) New Jersey. (i) Affected sources must comply with the Toxic Catastrophe Prevention Act Program (TCPA), (July 20, 1998), (incorporated by reference as specified in §63.14) as described in paragraph (a)(31)(i)(A) of this section:

(A) Except for authorities identified as not being delegated, the regulations incorporated in New Jersey's “Toxic Catastrophe Prevention Act Program,” Title 7, Chapter 31, of the New Jersey Administrative Code: Subchapter 1, “General Provisions” (sections 1.1 to 1.10 except for the definition of “What if Checklist”), Subchapter 2, “Hazard Assessment,” Subchapter 3, “Minimum Requirements for a Program 2 TCPA Risk Management Program,” Subchapter 4, “Minimum Requirements for a Program 3 TCPA Risk Management Program,” Subchapter 5, “Emergency Response,” Subchapter 6, “Extraordinarily Hazardous Substances,” Subchapter 7, “Risk Management Plan and TCPA Submission,” and Subchapter 8, “Other Federal Requirements,” (effective July 20, 1998), pertain to the sources affected by 40 CFR part 68 and have been approved under the procedures in §§63.91, 63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68, Subparts A through H, as may be amended.

(1) Authorities not delegated:

(i) The New Jersey Department of Environmental Protection is not delegated the Administrator's authority to implement and enforce New Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31, of the New Jersey Administrative Code, in lieu of the provisions of 40 CFR part 68 as they apply to the regulation of processes that are covered only because they contain regulated quantities of liquid petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum Gas Act of 1950 (N.J.S.A. 21:1B),

(ii) Pursuant to §63.90(c) the New Jersey Department of Environmental Protection is not delegated the Administrator's authority to add or delete substances from the list of substances established under section 112(r) and set forth in 40 CFR 68.130.

(32) New Mexico. (i) The following table lists the delegation status of specific part 63 subparts that have been delegated unchanged to state and local air pollution agencies in New Mexico. The “X” symbol is used to indicate each subpart that has been delegated.

Delegation Status for Part 63 Standards—State of New Mexico

[Excluding Indian Country]

SubpartSource categoryNMED1 2ABCAQCB1 3
AGeneral Provisions3XX
DEarly ReductionsXX
FHazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)XX
GHON—SOCMI Process Vents, Storage Vessels, Transfer Operations and WastewaterXX
HHON—Equipment LeaksXX
IHON—Certain Processes Negotiated Equipment Leak RegulationXX
JPolyvinyl Chloride and Copolymers Production4X(4)
K(Reserved)
LCoke Oven BatteriesXX
MPerchloroethylene Dry CleaningXX
NChromium Electroplating and Chromium Anodizing TanksXX
OEthylene Oxide SterilizersXX
P(Reserved)
QIndustrial Process Cooling TowersXX
RGasoline DistributionXX
SPulp and Paper IndustryXX
THalogenated Solvent CleaningXX
UGroup I Polymers and ResinsXX
V(Reserved)
WEpoxy Resins Production and Non-Nylon Polyamides ProductionXX
XSecondary Lead SmeltingXX
YMarine Tank Vessel LoadingXX
Z(Reserved)
AAPhosphoric Acid Manufacturing PlantsXX
BBPhosphate Fertilizers Production PlantsXX
CCPetroleum RefineriesXX
DDOff-Site Waste and Recovery OperationsXX
EEMagnetic Tape ManufacturingXX
FF(Reserved)
GGAerospace Manufacturing and Rework FacilitiesXX
HHOil and Natural Gas Production FacilitiesXX
IIShipbuilding and Ship Repair FacilitiesXX
JJWood Furniture Manufacturing OperationsXX
KKPrinting and Publishing IndustryXX
LLPrimary Aluminum Reduction PlantsXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp MillsX
NN(Reserved)
OOTanks—Level 1XX
PPContainersXX
QQSurface ImpoundmentsXX
RRIndividual Drain SystemsXX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessXX
TTEquipment Leaks—Control Level 1XX
UUEquipment Leaks—Control Level 2 StandardsXX
VVOil-Water Separators and Organic-Water SeparatorsXX
WWStorage Vessels (Tanks)—Control Level 2XX
XX(Reserved)
YYGeneric Maximum Achievable Control Technology StandardsXX
ZZ-BBB(Reserved)
CCCSteel Pickling—HCl Process Facilities and Hydrochloric Acid RegenerationXX
DDDMineral Wool ProductionXX
EEEHazardous Waste CombustorsXX
FFF(Reserved)
GGGPharmaceuticals ProductionXX
HHHNatural Gas Transmission and Storage FacilitiesXX
IIIFlexible Polyurethane Foam ProductionXX
JJJGroup IV Polymers and ResinsXX
KKK(Reserved)
LLLPortland Cement ManufacturingXX
MMMPesticide Active Ingredient ProductionXX
NNNWool Fiberglass ManufacturingXX
OOOAmino/Phenolic ResinsXX
PPPPolyether Polyols ProductionXX
QQQPrimary Copper SmeltingXX
RRRSecondary Aluminum ProductionXX
SSS(Reserved)
TTTPrimary Lead SmeltingXX
UUUPetroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery PlantsXX
VVVPublicly Owned Treatment Works (POTW)XX
WWW(Reserved)
XXXFerroalloys Production: Ferromanganese and SilicomanganeseXX
AAAAMunicipal Solid Waste LandfillsX
CCCCNutritional Yeast ManufacturingXX
EEEEOrganic Liquids DistributionX
GGGGSolvent Extraction for Vegetable Oil ProductionXX
HHHHWet Formed Fiberglass Mat ProductionXX
JJJJPaper and other Web (Surface Coating)X
KKKKMetal Can (Surface Coating)X
NNNNSurface Coating of Large AppliancesXX
OOOOFabric Printing Coating and DyeingX
PPPPPlastic Parts (Surface Coating)X
QQQQSurface Coating of Wood Building ProductsX
RRRRSurface Coating of Metal FurnitureX
SSSSSurface Coating for Metal CoilXX
TTTTLeather Finishing OperationsXX
UUUUCellulose Production ManufactureXX
VVVVBoat ManufacturingXX
WWWWReinforced Plastic Composites ProductionX
XXXXTire ManufacturingXX
YYYYCombustion TurbinesX
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Ovens: Pushing, Quenching and Battery StacksXX
DDDDDIndustrial/Commerical/Institutional Boilers and Process Heaters
EEEEEIron FoundriesX
FFFFFIntegrated Iron and SteelX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products ManufacturingX
KKKKKClay Ceramics ManufacturingX
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid Production, Fumed Silica ProductionX
PPPPPEngine Test FacilitiesX
QQQQQFriction Products ManufacturingX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufactureX
TTTTTPrimary Magnesium RefiningX

1Authorities that cannot be delegated include §63.6(g), Approval of Alternative Non-Opacity 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; and §63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, all authorities identified in the certain subparts that EPA has designated that cannot be delegated.

2Program delegated to New Mexico Environment Department (NMED) for standards promulgated by EPA, as amended in the Federal Register through September 1, 2002.

3Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by EPA, as amended in the Federal Register through July 1, 2004.

4This standard was originally delegated to NMED on February 9, 2004. The ABCAQCB has adopted the subpart unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit on June 18, 2004, and EPA's petition for rehearing was denied on April 15, 2005. The standard is not being delegated at this time to ABCAQCB.

(33) [Reserved]

(34) North Carolina. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the North Carolina Department of Environment and Natural Resources (NCDENR) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major & Area Source Rule Delegations—North Carolina1

Source categorySubpartNCDENRFCEAD2MCDEP3WNC4
HONF, G, H, IXXXX
Polyvinyl Chloride & Co-polymers VACATED on 5/11/05J
Coke OvensLXXXX
Dry CleanersMXXXX
Chromium ElectroplatingNXXXX
EtO Commercial SterilizationOXXXX
Chromium Cooling TowersQXXXX
Gasoline Distribution (stage 1)RXXXX
Pulp & Paper ISXXXX
Halogenated Solvent CleaningTXXXX
Polymer & Resins 1UXXXX
Polymer & Resins 2WXXXX
Secondary Lead SmeltersXXXXX
Marine Tank Vessel LoadingYXXXX
Phosphoric Acid MfgAAXXXX
Phosphate Fertilizers ProdBBXXXX
Petroleum RefineriesCCXXXX
Offsite Waste & RecoveryDDXXXX
Tanks; Level 1OOXXXX
ContainersPPXXXX
Surface ImpoundmentsQQXXXX
Drain SystemsRRXXXX
Oil-Water SeparatorsVVXXXX
Magnetic TapeEEXXXX
Aerospace IndustryGGXXXX
Oil & Natural Gas ProdHHXXXX
   Area Source Requirements >>.
Shipbuilding and RepairIIXXXX
Wood Furniture MfgJJXXXX
Printing & PublishingKKXXXX
Primary AluminumLLXXXX
Pulp & Paper II (Combustion sources)MMXXXX
Generic MACT
Control DevicesSSXXXX
Eq. Leaks—Level 1TTXXXX
Eq. Leaks—Level 2UUXXXX
Tanks—Level 2WWXXXX
Generic MACT
Ethylene MfgXX & YYXXXX
Carbon BlackYYXXXX
Spandex ProdYYXXXX
Cyanide Chemical MfgYYXXXX
Acetal ResinsYYXXXX
Acrylic/Modacrylic FibersYYXXXX
Hydrogen Fluoride ProdYYXXXX
Polycarbonates ProdYYXXXX
Steel PickelingCCCXXXX
Mineral Wool ProdDDDXXXX
Hazardous Waste Combustion (Phase I)EEEXXXX
Boilers that burn Haz. Waste (Phase II)EEEXXXX
HCL Prod. Furnaces burning Haz. Waste (P II)EEEXXXX
Pharmaceutical ProdGGGXXXX
Nat. Gas Transmission & StorageHHHXXXX
Flexible Polyurethane Foam ProdIIIXXXX
Polymer & Resins 4JJJXXXX
Portland CementLLLXXXX
Pesticide Active IngredientsMMMXXXX
Wool FiberglassNNNXXXX
Polymer & Resins 3 (Amino & Phenolic)OOOXXXX
Polyether Polyols ProdPPPXXXX
Primary CopperQQQXXXX
Secondary Aluminum ProdRRRXXXX
Primary Lead SmeltingTTTXXXX
Petro Refineries (FCC units)UUUXXXX
POTWVVVXXXX
FerroalloysXXXXXXX
Municipal LandfillsAAAAXXXX
Nutritional YeastCCCCXXXX
Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDXXXX
Organic Liquids Distribution (non-gas)EEEEXXXX
Misc. Organic NESHAPFFFFXXXX
Vegetable OilGGGGXXXX
Wet Formed FiberglassHHHHXXXX
Auto & Light Duty Truck (coating)IIIIXXXX
Paper & Other WebsJJJJXXXX
Metal Can (coating)KKKKXXXX
Misc. Metal Parts (coating)MMMMXXXX
Large Appliances (coating)NNNNXXXX
Printing, Coating, & Dyeing FabricsOOOOXXXX
Plastic Parts & Products (coating)PPPPXXXX
Wood Building ProductsQQQQXXXX
Metal Furniture (coating)RRRRXXXX
Metal Coil (coating)SSSSXXXX
Leather Tanning & FinishingTTTTXXXX
Cellulose Ethers Prod. Misc. Viscose ProcessesUUUUXXXX
Boat ManufacturingVVVVXXXX
Reinforced Plastic CompositesWWWWXXXX
Rubber Tire MfgXXXXXXXX
Stationary Combustion TurbinesYYYYXXXX
Reciprocating Int. Combustion EnginesZZZZXXXX
   Area Source Requirements >>.
Lime ManufacturingAAAAAXXXX
Semiconductor ProductionBBBBBXXXX
Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCXXXX
Industrial/Commercial/InstitutionalDDDDD
Boilers & Process Heaters, VACATED on 7/30/07
Iron FoundriesEEEEEXXXX
Integrated Iron & SteelFFFFFXXXX
Site RemediationGGGGGXXXX
Misc. Coating ManufacturingHHHHHXXXX
Mercury Cell Chlor-AlkaliIIIIIXXXX
Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
Asphalt Roofing & ProcessingLLLLLXXXX
Flex. Polyurethane Foam FabricationMMMMMXXXX
Hydrochloric Acid Prod/Fumed SilicaNNNNNXXXX
Engine & Rocket Test FacilitiesPPPPPXXXX
Friction Materials ManufacturingQQQQQXXXX
Taconite Iron OreRRRRRXXXX
RefactoriesSSSSSXXXX
Primary MagnesiumTTTTTXXXX
Area Source Rules
Hospital SterilizersWWWWWXXXX
Stainless and Nonstainless Steel Mfg Electric Arc FurnacesYYYYYXXXX
Iron & Steel foundriesZZZZZXXXX
Gasoline Distribution—BulkBBBBBBXXXX
Gasoline Dispensing FacilitiesCCCCCCXXXX
PVC & Copolymers ProdDDDDDDXXXX
Primary CopperEEEEEEXXXX
Secondary Copper SmeltingFFFFFFXXXX
Primary Nonferrous MetalsGGGGGGXXXX
Paint Stripping
Auto-Body RefinishingHHHHHHXXXX
Plastic Parts & Prod. (coating)
Acrylic/Modacrylic Fibers ProdLLLLLLXXXX
Carbon Black ProdMMMMMMXXXX
Chemical Mfg. ChromNNNNNNXXXX
Flex. Polyurethane Foam FabOOOOOOXXXX
Flex. Polyurethane Foam Prod
Lead Acid Battery MfgPPPPPPXXXX
Wood PreservingQQQQQQXXXX
Clay Ceramics MfgRRRRRRXXXX
Glass MfgSSSSSSXXXX
Secondary Nonferrous MetalsTTTTTTXXXX
Plating and PolishingWWWWWWXXXX
Industrial Mach. & Eq. FinishingXXXXXXXXXX
Elect. & Electronics Eq. Finishing
Fabricated Metal Prod
Fabricated Plate Work (Boiler Shop)
Fabricated Structural Metal Mfg
Heating Eq. Mfg
Iron and Steel Forging
Primary Metals Prod. Mfg
Valves and Pipe Fittings Mfg
Ferroalloys ProductionYYYYYYXXXX
Ferro/Silico Manganese

1State program approved on August 31, 2001. Delegation table last updated on February 23, 2009.

2Forsyth County Environmental Affairs Department.

3Mecklenburg County Department of Environmental Protection.

4Western North Carolina Regional Air Quality Agency.

(ii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products, Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina, for Subpart S of this Part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and Subpart MM of this Part—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(iii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for New South Lumber Company, Inc. Graham Plant, Alamance County, North Carolina; HDM Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County, North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir Plant, Caldwell County, North Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell County, North Carolina; Hickory Chair Company, Catawba County, North Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser, Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser NR Company, New Bern Lumber Facility, Craven County, North Carolina; Linwood Furniture, Inc., Davidson County, North Carolina; Warvel Products, Inc., Davidson County, North Carolina; Thomasville Furniture Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina; Lexington Furniture Inc., Plant 5, Davidson County, North Carolina; Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina; JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR Company, Martin County, North Carolina; Jordan Lumber & Supply Co., Montgomery County, North Carolina; Troy Lumber Co., Montgomery County, North Carolina; Unilin Flooring N.V., Montgomery County, North Carolina; West Fraser, Seaboard Lumber Mill, Northampton County, North Carolina; Georgia Pacific Roxboro, Person County, North Carolina; Louisiana Pacific Corp., Roxboro, Person County, North Carolina; Weyerhaeuser Company, Grifton, Pitt County, North Carolina; Vaughan Bassett Furniture Co., Elkin Furniture, Surry County, North Carolina; Weyerhaeuser NR Company, Elkin Facility, Surry County, North Carolina; Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific Corp., Roaring River, Wilkes County, North Carolina; and American Drew, Inc., Plant 13, Wilkes County, North Carolina, for subpart DDDD of this Part-National Emissions Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(35) North Dakota. The North Dakota Department of Agriculture is delegated the authority to implement and enforce the provisions of 40 CFR part 68 at facilities with an anhydrous ammonia storage capacity of ten thousand pounds or more that is intended to be used as fertilizer or in the manufacturing of a fertilizer within North Dakota and that are subject to the requirements of 40 CFR part 68, in accordance with the final rule, dated December 30, 2013.

(36) [Reserved]

(37) Oklahoma. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Oklahoma Department of Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after this effective date are not delegated.

Delegation Status for Part 63 Standards—State of Oklahoma

[Excluding Indian Country]

Subpart Source category Order1 2
AGeneral Provisions2X
FHazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI)X
GHON—SOCMI Process Vents, Storage Vessels, Transfer Operations and WastewaterX
HHON—Equipment LeaksX
IHON—Certain Processes Negotiated Equipment Leak RegulationX
JPolyvinyl Chloride and Copolymers Production(3)
K(Reserved)
LCoke Oven BatteriesX
MPerchloroethylene Dry CleaningX
NChromium Electroplating and Chromium Anodizing TanksX
OEthylene Oxide SterilizersX
P(Reserved)
QIndustrial Process Cooling TowersX
RGasoline DistributionX
SPulp and Paper IndustryX
THalogenated Solvent CleaningX
UGroup I Polymers and ResinsX
V(Reserved)
WEpoxy Resins Production and Non-Nylon Polyamides ProductionX
XSecondary Lead SmeltingX
YMarine Tank Vessel LoadingX
Z(Reserved)
AAPhosphoric Acid Manufacturing PlantsX
BBPhosphate Fertilizers Production PlantsX
CCPetroleum RefineriesX
DDOff-Site Waste and Recovery OperationsX
EEMagnetic Tape ManufacturingX
FF(Reserved)
GGAerospace Manufacturing and Rework FacilitiesX
HHOil and Natural Gas Production FacilitiesX
IIShipbuilding and Ship Repair FacilitiesX
JJWood Furniture Manufacturing OperationsX
KKPrinting and Publishing IndustryX
LLPrimary Aluminum Reduction PlantsX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp MillsX
NN(Reserved)
OOTanks—Level 1X
PPContainersX
QQSurface ImpoundmentsX
RRIndividual Drain SystemsX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a ProcessX
TTEquipment Leaks—Control Level 1X
UUEquipment Leaks—Control Level 2 StandardsX
VVOil-Water Separators and Organic-Water SeparatorsX
WWStorage Vessels (Tanks)—Control Level 2X
XX(Reserved)
YYGeneric Maximum Achievable Control Technology StandardsX
ZZ-BBB(Reserved)
CCCSteel Pickling—HCl Process Facilities and Hydrochloric Acid RegenerationX
DDDMineral Wool ProductionX
EEEHazardous Waste CombustorsX
FFF(Reserved)
GGGPharmaceuticals ProductionX
HHHNatural Gas Transmission and Storage FacilitiesX
IIIFlexible Polyurethane Foam ProductionX
JJJGroup IV Polymers and ResinsX
KKK(Reserved)
LLLPortland Cement ManufacturingX
MMMPesticide Active Ingredient ProductionX
NNNWool Fiberglass ManufacturingX
OOOAmino/Phenolic ResinsX
PPPPolyether Polyols ProductionX
QQQPrimary Copper SmeltingX
RRRSecondary Aluminum ProductionX
SSS(Reserved)
TTTPrimary Lead SmeltingX
UUUPetroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery PlantsX
VVVPublicly Owned Treatment Works (POTW)X
WWW(Reserved)
XXXFerroalloys Production: Ferromanganese and SilicomanganeseX
AAAAMunicipal Solid Waste LandfillsX
CCCCNutritional Yeast ManufacturingX
DDDDPlywood and Composite Wood ProductsX
EEEEOrganic Liquids DistributionX
FFFFMiscellaneous Organic Chemical Production and Processes (MON)X
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet Formed Fiberglass Mat ProductionX
IIIIAuto & Light Duty TruckX
JJJJPaper and other Web (Surface Coating)X
KKKKMetal Can (Surface Coating)X
MMMMSurface Coating of Miscellaneous Metal Parts and ProductsX
NNNNSurface Coating of Large AppliancesX
OOOOFabric Printing Coating and DyeingX
PPPPPlastic Parts (Surface Coating)X
QQQQSurface Coating of Wood Building ProductsX
RRRRSurface Coating of Metal FurnitureX
SSSSSurface Coating for Metal CoilX
TTTTLeather Finishing OperationsX
UUUUCellulose Production ManufactureX
VVVVBoat ManufacturingX
WWWWReinforced Plastic Composites ProductionX
XXXXTire ManufacturingX
YYYYCombustion TurbinesX
ZZZZReciprocating Internal Combustion Engines (RICE)X
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Ovens: Pushing, Quenching and Battery StacksX
DDDDDIndustrial/Commerical/Institutional Boilers and Process Heaters
EEEEEIron FoundriesX
FFFFFIntegrated Iron and SteelX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products ManufacturingX
KKKKKClay Ceramics ManufacturingX
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid Production, Fumed Silica ProductionX
PPPPPEngine Test FacilitiesX
QQQQQFriction Products ManufacturingX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufactureX
TTTTTPrimary Magnesium RefiningX

1Program delegated to Oklahoma Department of Environmental Quality (ODEQ), as amended in the Federal Register through September 1, 2004.

2Authorities that cannot be delegated include §63.6(g), Approval of Alternative Non-Opacity 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; and §63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting. In addition, all authorities identified in the certain subparts that EPA has designated that cannot be delegated.

3The ODEQ has adopted the subpart unchanged and applied for delegation of the standard. The standard was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Circuit Court's holding this standard is not being delegated to ODEQ at this time.

(38) Oregon. (i) The following table lists the delegation status of specific part 63 subparts that have been delegated to state and local air pollution control agencies in Oregon. An “X” indicates the subpart has been delegated, subject to all the conditions and limitations set forth in federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. The dates noted at the end of this table indicate the effective dates of federal rules that have been delegated. Any amendments made to these rules after this effective date are not delegated.

Delegation Status of Part 63 NESHAPS—State of Oregon1

Subpart2 ODEQ3 LRAPA4
A   General Provisions5XX
D   Early Reductions
F   HON-SOCMIXX
G   HON-Process VentsXX
H   HON-Equipment LeaksXX
I   HON-Negotiated LeaksXX
L   Coke Oven BatteriesXX
M   Perchloroethylene Dry CleaningXX
N   Chromium ElectroplatingXX
O   Ethylene Oxide SterilizersXX
Q   Industrial Process Cooling TowersXX
R   Gasoline DistributionXX
S   Pulp and PaperXX
T   Halogenated Solvent CleaningXX
U   Polymers and Resins IXX
W   Polymers and Resins II-EpoxyXX
X   Secondary Lead SmeltingXX
Y   Marine Tank Vessel LoadingXX
AA   Phosphoric Acid Manufacturing PlantsXX
BB   Phosphate Fertilizers Production PlantsXX
CC   Petroleum RefineriesXX
DD   Off-Site Waste and RecoveryXX
EE   Magnetic Tape ManufacturingXX
GG   Aerospace Manufacturing & ReworkXX
HH   Oil and Natural Gas Production FacilitiesXX
II   Shipbuilding and Ship RepairXX
JJ   Wood Furniture Manufacturing OperationsXX
KK   Printing and Publishing IndustryXX
LL   Primary AluminumXX
MM   Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXX
OO   Tanks—Level 1XX
PP   ContainersXX
QQ   Surface ImpoundmentsXX
RR   Individual Drain SystemsXX
SS   Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or ProcessXX
TT   Equipment Leaks—Control Level 1XX
UU   Equipment Leaks—Control Level 2XX
VV   Oil-Water Separators and Organic-Water SeparatorsXX
WW   Storage Vessels (Tanks)—Control Level 2XX
YY   Source Categories: Generic MACTXX
CCC   Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration PlantsXX
DDD   Mineral Wool ProductionXX
EEE   Hazardous Waste CombustorsXX
GGG   Pharmaceuticals ProductionXX
HHH   Natural Gas Transmission and Storage FacilitiesXX
III   Flexible Polyurethane Foam ProductionXX
JJJ   Polymers and Resins IVXX
LLL   Portland Cement ManufacturingXX
MMM   Pesticide Active Ingredient ProductionXX
NNN   Wool Fiberglass ManufacturingXX
OOO   Manufacture of Amino Phenolic ResinsXX
PPP   Polyether Polyols ProductionXX
RRR   Secondary Aluminum ProductionXX
TTT   Primary Lead SmeltingXX
VVV   Publicly Owned Treatment WorksXX
XXX   Ferroalloys Production: Ferromanganese & Silico manganeseXX
CCCC   Manufacture of Nutritional YeastXX
GGGG   Extraction of Vegetable OilXX

1Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for agency addresses.

2Any authority within any subpart of this part (i.e. under “Delegation of Authority”) that is identified as not delegatable, is not delegated.

3Oregon Department of Environmental Quality (07/01/2001).

4Lane Region Air Pollution Authority (07/01/2001).

5General Provisions Authorities which may not be delegated include: §§63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods; §63.9(f) for approval of major alternatives to monitoring. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see 40 CFR 63.90.

(39) Pennsylvania. (i) Pennsylvania is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Pennsylvania Department of Environmental Protection, dated January 5, 1998, and any mutually acceptable amendments to that agreement.

(ii) Pennsylvania is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the Pennsylvania Department of Environmental Protection and approved by EPA Region III, at sources not subject to the permitting requirements of 40 CFR part 70, in accordance with the final rule, dated September 13, 2001, effective November 13, 2001, and any mutually acceptable amendments to the terms described in the direct final rule.

(iii) Philadelphia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the City of Philadelphia Department of Public Health Air Management Services and approved by EPA Region III, at sources within the City of Philadelphia, in accordance with the final rule, dated January 29, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(iv) Allegheny County is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards at sources within Allegheny County, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(v) Allegheny County is delegated the authority to implement and enforce the provisions of 40 CFR part 68 and all future unchanged amendments to 40 CFR part 68 at sources within Allegheny County, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(40) Rhode Island.

(i) [Reserved]

(ii) Affected area sources within Rhode Island must comply with the Rhode Island Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(40)(ii)(A) of this section:

(A) The material incorporated into the Rhode Island Department of Environmental Management regulations at Air Pollution Control Regulation No. 36, Control of Emissions from Organic Solvent Cleaning, effective April 8, 1996, last amended October 9, 2008, and Rhode Island Air Pollution Control, General Definitions Regulation, effective July 19, 2007, last amended October 9, 2008, pertaining to organic solvent cleaning facilities in the State of Rhode Island jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAP for Halogenated Solvent Cleaning Facilities (subpart T of this part), effective as of May 3, 2007, except for continuous web cleaning machines as defined in §63.461.

(1) Authorities not delegated.

(i) Rhode Island is not delegated the Administrator's authority to implement and enforce Rhode Island regulations at Air Pollution Control Regulation No. 36 and Rhode Island General Definitions Regulation in lieu of those provisions of subpart T of this part which apply to continuous web cleaning machines as defined in §63.461.

(ii) [Reserved]

(2) [Reserved]

(B) [Reserved]

(41) South Carolina. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the South Carolina Department of Health and Environmental Control (SCDHEC) for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards.

Part 63 Major & Area Source Rule Delegations—South Carolina1

   Source category SubpartSCDHEC
1HONF, G, H, IX
2Polyvinyl Chloride & Co-polymers VACATED on 5/11/05J
3Coke OvensLX
4Dry CleanersMX
5Chromium ElectroplatingNX
6EtO Commercial SterilizationOX
7Chromium Cooling TowersQX
8Gasoline Distribution (stage 1)RX
9Pulp & Paper ISX
10Halogenated Solvent CleaningTX
11Polymer & Resins 1UX
12Polymer & Resins 2WX
13Secondary Lead SmeltersXX
14Marine Tank Vessel LoadingYX
15Phosphoric Acid MfgAAX
16Phosphate Fertilizers ProdBBX
17Petroleum RefineriesCCX
18Offsite Waste & RecoveryDDX
   Tanks; Level 1OOX
   ContainersPPX
   Surface ImpoundmentsQQX
   Drain SystemsRRX
   Oil-Water SeparatorsVVX
19Magnetic TapeEEX
20Aerospace IndustryGGX
21Oil & Natural Gas ProdHHX
   Area Source Requirements >>.X
22Shipbuilding and RepairI IX
23Wood Furniture MfgJ JX
24Printing & PublishingKKX
25Primary AluminumLLX
26Pulp & Paper II (Combustion sources)MMX
27Generic MACT:
   Control DevicesSSX
   Eq. Leaks—Level 1TTX
   Eq. Leaks—Level 2UUX
   Tanks—Level 2WWX
28Generic MACT:
   Ethylene MfgXX & YYX
   Carbon BlackYYX
   Spandex ProdYYX
   Cyanide Chemical MfgYYX
   Acetal ResinsYYX
   Acrylic/Modacrylic FibersYYX
   Hydrogen Fluoride ProdYYX
   Polycarbonates ProdYYX
29Steel PickelingCCCX
30Mineral Wool ProdDDDX
31Hazardous Waste Combustion (Phase I)EEEX
32Boilers that burn Haz. Waste (Phase II)EEEX
33HCL Prod. Furnaces burning Haz. Waste (P II)EEEX
34Pharmaceutical ProdGGGX
35Nat. Gas Transmission & StorageHHHX
36Flexible Polyurethane Foam ProdI I IX
37Polymer & Resins 4JJJX
38Portland CementLLLX
39Pesticide Active IngredientsMMMX
40Wool FiberglassNNNX
41Polymer & Resins 3 (Amino & Phenolic)OOOX
42Polyether Polyols ProdPPPX
43Primary CopperQQQX
44Secondary Aluminum ProdRRRX
45Primary Lead SmeltingTTTX
46Petro Refineries (FCC units)UUUX
47POTWV V VX
48FerroalloysX X XX
49Municipal LandfillsAAAAX
50Nutritional YeastCCCCX
51Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07)DDDDX
52Organic Liquids Distribution (non-gas)EEEEX
53Misc. Organic NESHAPFFFFX
54Vegetable OilGGGGX
55Wet Formed FiberglassHHHHX
56Auto & Light Duty Truck (coating)I I I IX
57Paper & Other WebsJJJJX
58Metal Can (coating)KKKKX
59Misc. Metal Parts (coating)MMMMX
60Large Appliances (coating)NNNNX
61Printing, Coating, & Dyeing FabricsOOOOX
62Plastic Parts & Products (coating)PPPPX
63Wood Building ProductsQQQQX
64Metal Furniture (coating)RRRRX
65Metal Coil (coating)SSSSX
66Leather Tanning & FinishingTTTTX
67Cellulose Ethers Prod Misc. Viscose ProcessesUUUUX
68Boat ManufacturingVVVVX
69Reinforced Plastic CompositesWWWWX
70Rubber Tire MfgXXXXX
71Stationary Combustion TurbinesYYYYX
72Reciprocating Int. Combustion EnginesZZZZX
   Area Source Requirements >>.X
73Lime ManufacturingAAAAAX
74Semiconductor ProductionBBBBBX
75Coke Ovens: (Push/Quench/Battery/Stacks)CCCCCX
76Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07DDDDD
77Iron FoundriesEEEEEX
78Integrated Iron & SteelFFFFFX
79Site RemediationGGGGGX
80Misc. Coating ManufacturingHHHHHX
81Mercury Cell Chlor-AlkaliIIIIIX
82Brick & Structural Clay Products, VACATED on 6/18/07JJJJJ
83Clay Ceramics Manufacturing, VACATED on 6/18/07KKKKK
84Asphalt Roofing & ProcessingLLLLLX
85Flex. Polyurethane Foam FabricationMMMMMX
86Hydrochloric Acid Prod/Fumed SilicaNNNNNX
87Engine & Rocket Test FacilitiesPPPPPX
88Friction Materials ManufacturingQQQQQX
89Taconite Iron OreRRRRRX
90RefactoriesSSSSSX
91Primary MagnesiumTTTTTX
Area Source Rules
92Hospital SterilizersWWWWWX
93Stainless and Nonstainless Steel Mfg Electric Arc FurnacesYYYYYX
94Iron & Steel foundriesZZZZZX
95Gasoline Distribution—BulkBBBBBBX
96Gasoline Dispensing FacilitiesCCCCCCX
97PVC & Copolymers ProdDDDDDDX
98Primary CopperEEEEEEX
99Secondary Copper SmeltingFFFFFFX
100Primary Nonferrous MetalsGGGGGGX
101Paint StrippingHHHHHHX
   Auto-Body Refinishing
   Plastic Parts & Prod. (coating)
102Acrylic/Modacrylic Fibers ProdLLLLLLX
103Carbon Black ProdMMMMMMX
104Chemical Mfg. ChromNNNNNNX
105Flex. Polyurethane Foam FabOOOOOOX
   Flex. Polyurethane Foam Prod
106Lead Acid Battery MfgPPPPPPX
107Wood PreservingQQQQQQX
108Clay Ceramics MfgRRRRRRX
109Glass MfgSSSSSSX
110Secondary Nonferrous MetalsTTTTTTX
110Plating and PolishingWWWWWWX
112Heating Eq. MfgXXXXXXX
   Industrial Mach. & Eq. Finishing
   Elect. & Electronics Eq. Finishing
   Fabricated Metal Prod
   Fabricated Plate Work (Boiler Shop)
   Fabricated Structural Metal Mfg
113Ferro/Silico ManganeseYYYYYYX
   Iron and Steel Forging
   Primary Metals Prod. Mfg
   Valves and Pipe Fittings Mfg
   Ferroalloys Production

1State program approved on June 26, 1995. Delegation table last updated on February 23, 2009.

(ii) South Carolina Department of Health and Environmental Control (SC DHEC) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Georgetown Mill, Georgetown, South Carolina, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon SC DHEC including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(42)-(43) [Reserved]

(44) Texas. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Texas Commission on Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after the effective date are not delegated.

Delegation Status for Part 63 Standards—State of Texas1

SubpartSource categoryTCEQ2
FHazardous Organic NESHAP (HON)—Synthetic OrganicChemical Manufacturing Industry (SOCMI)X
GHON—SOCMI Process Vents, Storage Vessels, Transfer Operations and WastewaterX
HHON—Equipment LeaksX
IHON—Certain Processes Negotiated Equipment Leak RegulationX
JPolyvinyl Chloride and Copolymers Production3X  
K(Reserved)
LCoke Oven BatteriesX
MPerchloroethylene Dry CleaningX
NChromium Electroplating and Chromium Anodizing TanksX
OEthylene Oxide SterilizersX
P(Reserved)
QIndustrial Process Cooling TowersX
RGasoline DistributionX
SPulp and Paper IndustryX
THalogenated Solvent CleaningX
UGroup I Polymers and ResinsX
V(Reserved)
WEpoxy Resins Production and Non-Nylon Polyamides ProductionX
XSecondary Lead SmeltingX
YMarine Tank Vessel LoadingX
Z(Reserved)
AAPhosphoric Acid Manufacturing PlantsX
BBPhosphate Fertilizers Production PlantsX
CCPetroleum RefineriesX
DDOff-Site Waste and Recovery OperationsX
EEMagnetic Tape ManufacturingX
FF(Reserved)
GGAerospace Manufacturing and Rework FacilitiesX
HHOil and Natural Gas Production FacilitiesX
IIShipbuilding and Ship Repair FacilitiesX
JJWood Furniture Manufacturing OperationsX
KKPrinting and Publishing IndustryX
LLPrimary Aluminum Reduction PlantsX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp MillsX
NN(Reserved)
OOTanks—Level 1X
PPContainersX
QQSurface ImpoundmentsX
RRIndividual Drain SystemsX
SSClosed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
TTEquipment Leaks—Control Level 1X
UUEquipment Leaks—Control Level 2 StandardsX
VVOil-Water Separators and Organic-Water SeparatorsX
WWStorage Vessels (Tanks)—Control Level 2X
XX(Reserved)
YYGeneric Maximum Achievable Control Technology StandardsX
ZZ-BBB(Reserved)
CCCSteel Pickling—HCl Process Facilities and Hydrochloric Acid RegenerationX
DDDMineral Wool ProductionX
EEEHazardous Waste CombustorsX
FFF(Reserved)
GGGPharmaceuticals ProductionX
HHHNatural Gas Transmission and Storage FacilitiesX
IIIFlexible Polyurethane Foam ProductionX
JJJGroup IV Polymers and ResinsX
KKK(Reserved)   
LLLPortland Cement ManufacturingX
MMMPesticide Active Ingredient ProductionX
NNNWool Fiberglass ManufacturingX
OOOAmino/Phenolic ResinsX
PPPPolyether Polyols ProductionX
QQQPrimary Copper SmeltingX
RRRSecondary Aluminum ProductionX
SSS(Reserved)   
TTTPrimary Lead SmeltingX
UUUPetroleum Refineries—Catalytic Cracking Units,Catalytic Reforming Units and Sulfur Recovery PlantsX
VVVPublicly Owned Treatment Works (POTW)X
WWW(Reserved)   
XXXFerroalloys Production: Ferromanganese and SilicomanganeseX
AAAAMunicipal Solid Waste LandfillsX
CCCCNutritional Yeast ManufacturingX
DDDDPlywood and Composite Wood Products
EEEEOrganic Liquids DistributionX
FFFFMiscellaneous Organic Chemical Manufacturing (MON)X
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet Formed Fiberglass Mat ProductionX
IIIIAuto & Light Duty TruckX
JJJJPaper and other Web (Surface Coating)X
KKKKSurface Coating of Metal CansX
MMMMMiscellaneous Metal Parts and Products Surface CoatingX
NNNNSurface Coating of Large AppliancesX
OOOOFabric Printing Coating and DyeingX
PPPPSurface Coating of Plastic Parts and ProductsX
QQQQSurface Coating of Wood Building ProductsX
RRRRSurface Coating of Metal FurnitureX
SSSSSurface Coating for Metal CoilX
TTTTLeather Finishing OperationsX
UUUUCellulose Production ManufactureX
VVVVBoat ManufacturingX
WWWWReinforced Plastic Composites ProductionX
XXXXTire ManufacturingX
YYYYStationary Combustion TurbinesX
ZZZZReciprocating Internal Combustion EnginesX
AAAAALime ManufacturingX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Ovens: Pushing, Quenching and Battery StacksX
DDDDDIndustrial, Commercial, and Institutional Boilers and Process HeatersX
EEEEEIron and Steel FoundriesX
FFFFFIntegrated Iron and SteelX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products ManufacturingX
KKKKKClay Ceramics ManufacturingX
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid Production, Fumed Silica ProductionX
PPPPPEngine Test FacilitiesX
QQQQQFriction Materials ManufacturingX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufactureX
TTTTTPrimary Magnesium RefiningX

1Program delegated to Texas Commission on Environmental Quality (TCEQ).

2Authorities which may not be delegated include: §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; and all authorities identified in the subparts (e.g., under “Delegation of Authority”) that cannot be delegated.

3The TCEQ was previously delegated this subpart on May 17, 2005 (70 FR 13018). The subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Mossville Environmental Action Network v. EPA, 370 F. 3d 1232 (D.C. Cir. 2004). Because of the D.C. Court's holding this subpart is not delegated to TCEQ at this time.

(ii) Affected sources within Texas shall comply with the Federal requirements of 40 CFR part 63—subpart A—General Provisions, adopted by reference by the Texas Commission on Environmental Quality (TCEQ), with the exception of §63.5(e)(2)(i), §63.6(i)(12)(i), §63.6(i)(13)(i) and (ii), §63.8(e)(5)(ii), §63.9(i)(3), and §63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for the cited exceptions above and affected sources in Texas that are subject to the requirements of Subpart A shall comply with the requirements established at Texas Administrative Code, Title 30, Part 1, Chapter 113, Subchapter C, section 113.100.

(45)-(46) [Reserved]

(47) Virginia. (i) Virginia is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Virginia Department of Environmental Quality, dated April 20, 1998, and any mutually acceptable amendments to that agreement.

(ii) Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Virginia Department of Environmental Quality and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 8, 2002, effective March 11, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(iii) EPA has granted the Virginia Department of Environmental Quality (DEQ) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the Virginia DEQ may establish and enforce alternative State requirements for International Paper Company's Franklin Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found at 40 CFR part 63, subpart S. The Virginia DEQ may only establish alternative requirements for the Franklin Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The VA DEQ must, in order to establish alternative requirements for the Franklin Mill under its EPA approved EBP program: (1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, (2) obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and (3) issue a CAA Title V permit for the Franklin Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the Virginia DEQ has issued a final CAA Title V permit incorporating them, International Paper Company's Franklin Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart S.

(48) Washington. (i) The following table lists the delegation status of specific part 63 Subparts that have been delegated to state and local air pollution control agencies in Washington. An “X” indicates the subpart has been delegated, subject to all the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. The dates noted at the end of this table indicate the effective dates of Federal rules that have been delegated. Any amendments made to these rules after this effective date are not delegated.

Delegation Status for Part 63 Standards—State of Washington1

40 CFR Part 63, Subparts2 Ecology3 BCAA4 NWAPA5 OAPCA6 PSCAA7 SCAPCA8 SWCAA9 YRCAA10
A   General Provisions11XXXXXXXX
D   Early ReductionsXXXXXXXX
F   HON-SOCMIXXXXXXXX
G   HON-Process VentsXXXXXXXX
H   HON-Equipment LeaksXXXXXXXX
I   HON-Negotiated LeaksXXXXXXXX
L   Coke Oven BatteriesXXXXXXXX
M   Perchloroethylene Dry CleaningX3X4X   X7X8XX10
N   Chromium ElectroplatingXXXXXXXX
O   Ethylene Oxide SterilizersXXXXXXXX
Q   Industrial Process Cooling TowersXXXXXXXX
R   Gasoline DistributionXXXXXXXX
S   Pulp and Paper12X   5X6X7X8X9X10
T   Halogenated Solvent CleaningXXXXXXXX
U   Polymers and Resins IXXXXXXXX
W   Polymers and Resins II-EpoxyXXXXXXXX
X   Secondary Lead SmeltingXXXXXXXX
Y   Marine Tank Vessel LoadingXXX   XXX
AA   Phosphoric Acid Manufacturing PlantsXXXXXX   X
BB   Phosphate Fertilizers Production PlantsXXXXXX   X
CC   Petroleum RefineriesXXXXXXXX
DD   Off-Site Waste and RecoveryXXXXXXXX
EE   Magnetic Tape ManufacturingXXXXXXXX
GG   Aerospace Manufacturing & ReworkXXXXXXXX
HH   Oil and Natural Gas Production FacilitiesXXXXXX   X
II   Shipbuilding and Ship RepairXXXXXXXX
JJ   Wood Furniture Manufacturing OperationsXXXXXXXX
KK   Printing and Publishing IndustryXXXXXXXX
LL   Primary Aluminum13X
MM   Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills14X
OO   Tanks—Level 1XXXXXX   X
PP   ContainersXXXXXX   X
QQ   Surface ImpoundmentsXXXXXX   X
RR   Individual Drain SystemsXXXXXX   X
SS   Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or ProcessXXXXXX   X
TT   Equipment Leaks—Control Level 1XXXXXX   X
UU   Equipment Leaks—Control Level 2XXXXXX   X
VV   Oil-Water Separators and Organic-Water SeparatorsXXXXXX   X
WW   Storage Vessels (Tanks)—Control Level 2XXX   XX
YY   Source Categories: Generic MACTXXX   XX
CCC   Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration PlantsXXX   XX
DDD   Mineral Wool ProductionXXX   XX
EEE   Hazardous Waste CombustorsXXX   XX
GGG   Pharmaceuticals ProductionXXX   XX
HHH   Natural Gas Transmission and Storage FacilitiesXXXXX
III   Flexible Polyurethane Foam ProductionXXX   XX   X
JJJ   Polymers and Resins IVXXX   XXX
LLL   Portland Cement ManufacturingXXX   XX
MMM   Pesticide Active Ingredient ProductionXXX   XX
NNN   Wool Fiberglass ManufacturingXXX   XX
OOO   Manufacture of Amino Phenolic ResinsXXX   XX
PPP   Polyether Polyols ProductionXXX   XX
RRR   Secondary Aluminum ProductionXX      XX
TTT   Primary Lead SmeltingXXX   XX
VVV   Publicly Owned Treatment WorksXXX   XX
XXX   Ferroalloys Production: Ferromanganese & SilicomanganeseXXX   XX
CCCC   Manufacture of Nutritional Yeast            X
GGGG   Extraction of Vegetable Oil            X
VVVV   Boat Manufacturing

1   Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.

2   Any authority within any subpart of this part that is identified as not delegatable, is not delegated.

3   Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act.

4   Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act.

5   Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

6   Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

7   Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(48)(ii) of this section.

8   Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

9   Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

10   Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

11   General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see §63.90.

12   Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

13   Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.

14   Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

(ii) Affected area sources within Puget Sound Clean Air's jurisdiction must comply with Puget Sound Clean Air's Regulation III, sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by reference as specified in 40 CFR 63.14) as follows:

(A) The material incorporated in Puget Sound Clean Air's Regulation III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the perchloroethylene dry cleaning source category in the Puget Sound Clean Air jurisdiction, and has been approved under the procedures in 40 CFR 63.93 to be implemented and enforced in place of the federal NESHAPs for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M), for area sources, as defined in 40 CFR 63.320(h).

(1) Authorities not delegated.

(i) Puget Sound Clean Air is not delegated the authority to implement and enforce Puget Sound Clean Air Regulation III, sections 3.03 in lieu of those provisions of Subpart M which applies to major sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which are major sources remain subject to subpart M.

(ii) Puget Sound Clean Air is not delegated the authority of 40 CFR 63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation under Puget Sound Clean Air Regulation I, section 3.23 must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112.

(B) [Reserved]

Note to paragraph (a)(48): Dates in parenthesis indicate the effective date of the federal rules that have been adopted by and delegated to the state or local air pollution control agency. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency.

(49) West Virginia. (i) West Virginia is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the West Virginia Department of Environmental Protection, dated March 19, 2001, and any mutually acceptable amendments to that agreement.

(ii) West Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the West Virginia Department of Environmental Protection and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated April 2, 2002, effective June 3, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

[61 FR 25399, May 21, 1996]

Editorial Note: For Federal Register citations affecting §63.99, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.



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