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| Delegation of Authority | 63.5200 – 63.5209 | ||||||||||||||||
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42 U.S.C. 7401 et seq.
57 FR 61992, Dec. 29, 1992, unless otherwise noted.
67 FR 39812, June 10, 2002, unless otherwise noted.
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Subscribe to: 40 CFR Part 63 Subpart SSSS - Delegation of Authority
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(a) This subpart can be implemented and enforced by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and not transferred to the State, local, or tribal agency.
(c) Authority which will not be delegated to States, local, or tribal agencies:
(1) Approval of alternatives to the emission limitations in § 63.5120;
(2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.5160;
(4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in §§ 63.5180 and 63.5190.
If you are required to comply with operating limits by § 63.5121, you must comply with the applicable operating limits in the following table:
| For the following device . . . | You must meet the following operating limit . . . | And you must demonstrate continuous compliance with the operating limit by . . . |
|---|---|---|
| 1. thermal oxidizer | a. the average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.5160(d)(3)(i) | i. collecting the combustion temperature data according to § 63.5150(a)(3); ii. reducing the data to 3-hour block averages; and iii. maintaining the 3-hour average combustion temperature at or above the temperature limit. |
| 2. catalytic oxidizer | a. the average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.5160(d)(3)(ii); and either | i. collecting the temperature data according to § 63.5150(a)(3); ii. reducing the data to 3-hour block averages; and iii. maintaining the 3-hour average temperature before the catalyst bed at or above the temperature limit. |
| b. ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.5160(d)(3)(ii); or | i. collecting the temperature data according to § 63.5150(a)(3); ii. reducing the data to 3-hour block averages; and iii. maintaining the 3-hour average temperature difference at or above the temperature difference limit. |
|
| c. develop and implement an inspection and maintenance plan according to § 63.5160(d)(3)(ii) | maintaining an up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.5160(d)(3)(ii), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. | |
| 3. emission capture system | develop a monitoring plan that identifies operating parameter to be monitored and specifies operating limits according to § 63.5150(a)(4) | conducting monitoring according to the plan § 63.5150(a)(4). |
You must comply with the applicable General Provisions requirements according to the following table:
| General provisions reference | Subject | Applicable to subpart SSSS | Explanation |
|---|---|---|---|
| § 63.1(a)(1)-(4) | General Applicability | Yes | |
| § 63.1(a)(6) | Source Category Listing | Yes | |
| § 63.1(a)(10)-(12) | Timing and Overlap Clarifications | Yes | |
| § 63.1(b)(1) | Initial Applicability Determination | Yes | Applicability to Subpart SSSS is also specified in § 63.5090. |
| § 63.1(b)(3) | Applicability Determination Recordkeeping | Yes | |
| § 63.1(c)(1) | Applicability after Standard Established | Yes | |
| § 63.1(c)(2) | Applicability of Permit Program for Area Sources | Yes | |
| § 63.1(c)(5) | Extensions and Notifications | Yes | |
| § 63.1(c)(6) | Yes | ||
| § 63.1(e) | Applicability of Permit Program Before Relevant Standard is Set | Yes | |
| § 63.2 | Definitions | Yes | Additional definitions are specified in § 63.5110. |
| § 63.3 | Units and Abbreviations | Yes | |
| § 63.4(a)(1)-(2) | Prohibited Activities | Yes | |
| § 63.4(b)-(c) | Circumvention/Fragmentation | Yes | |
| § 63.5(a) | Construction/Reconstruction | Yes | |
| § 63.5(b)(1), (3), (4), (6) | Requirements for Existing, Newly Constructed, and Reconstructed Sources | Yes | |
| § 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) | Application for Approval of Construction/Reconstruction | Yes | Only total HAP emissions in terms of tons per year are required for § 63.5(d)(1)(ii)(H). |
| § 63.5(e) | Approval of Construction/Reconstruction | Yes | |
| § 63.5(f) | Approval of Construction/Reconstruction Based on Prior State Review | Yes | |
| § 63.6(a) | Compliance with Standards and Maintenance Requirements-Applicability | Yes | |
| § 63.6(b)(1)-(5), (b)(7) | Compliance Dates for New and Reconstructed Sources | Yes | Section 63.5130 specifies the compliance dates. |
| § 63.6(c)(1), (2), (5) | Compliance Dates for Existing Sources | Yes | Section 63.5130 specifies the compliance dates. |
| § 63.6(e)(1)(i)-(ii) | General Duty to Minimize Emissions and Requirement to Correct Malfunctions As Soon As Possible | Yes before August 24, 2020. No on and after August 24, 2020 | See § 63.5140(b) for general duty requirement. |
| § 63.6(e)(1)(iii) | Operation and Maintenance Requirements | Yes | |
| § 63.6(e)(3)(i), (e)(3)(iii)-(ix) | SSMP Requirements | Yes before August 24, 2020. No on and after August 24, 2020 | |
| § 63.6(f)(1) | SSM Exemption | Yes before August 24, 2020. No on and after August 24, 2020 | See § 63.5140(b) for general duty requirement. |
| § 63.6(f)(2)-(3) | Compliance with Non-Opacity Emission Standards | Yes | |
| § 63.6(g) | Alternative Non-Opacity Emission Standard | Yes | |
| § 63.6(h) | Compliance with Opacity/Visible Emission Standards | No | Subpart SSSS does not establish opacity standards or visible emission standards. |
| § 63.6(i)(1)-(14), (i)(16) | Extension of Compliance and Administrator's Authority | Yes | |
| § 63.6(j) | Presidential Compliance Exemption | Yes | |
| § 63.7(a)-(d) except (a)(2)(i)-(viii) | Performance Test Requirements | Yes | |
| § 63.7(e)(1) | Performance Testing | Yes before August 24, 2020. No on and after August 24, 2020 | See § 63.5160(d)(2). |
| § 63.7(e)(2)-(4) | Conduct of Performance Tests | Yes | |
| § 63.7(f) | Alternative Test Method | Yes | EPA retains approval authority. |
| § 63.7(g)-(h) | Data Analysis and Waiver of Tests | Yes | |
| § 63.8(a)(1)-(2) | Monitoring Requirements—Applicability | Yes | Additional requirements for monitoring are specified in § 63.5150(a). |
| § 63.8(a)(4) | Additional Monitoring Requirements | No | Subpart SSSS does not have monitoring requirements for flares. |
| § 63.8(b) | Conduct of Monitoring | Yes | |
| § 63.8(c)(1) | Operation and Maintenance of Continuous Monitoring System (CMS) | Yes before August 24, 2020. No on and after August 24, 2020 | Section 63.5150(a) specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. |
| § 63.8(c)(2)-(3) | CMS Operation and Maintenance | Yes | Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.5170. |
| § 63.8(c)(4)-(5) | CMS Continuous Operation Procedures | No | Subpart SSSS does not require COMS. |
| § 63.8(c)(6)-(8) | CMS Requirements | Yes | Provisions only apply if CEMS are used. |
| § 63.8(d)-(e) | CMS Quality Control, Written Procedures, and Performance Evaluation | Yes | Provisions only apply if CEMS are used. |
| § 63.8(f)(1)-(5) | Use of an Alternative Monitoring Method | Yes | EPA retains approval authority. |
| § 63.8(f)(6) | Alternative to Relative Accuracy Test | No | Section 63.8(f)(6) provisions are not applicable because subpart SSSS does not require CEMS. |
| § 63.8(g) | Data Reduction | No | Sections 63.5170, 63.5140, 63.5150, and 63.5150 specify monitoring data reduction. |
| § 63.9(a) | Notification of Applicability | Yes | |
| § 63.9(b)(1) | Initial Notifications | Yes | |
| § 63.9(b)(2) | Initial Notifications | Yes | With the exception that § 63.5180(b)(1) provides 2 years after the proposal date for submittal of the initial notification for existing sources. |
| § 63.9(b)(4)(i), (b)(4)(v), (b)(5) | Application for Approval of Construction or Reconstruction | Yes | |
| § 63.9(c)-(e) | Request for Extension of Compliance, New Source Notification for Special Compliance Requirements, and Notification of Performance Test | Yes | Notification of performance test requirement applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. |
| § 63.9(f) | Notification of Visible Emissions/Opacity Test | No | Subpart SSSS does not require opacity and visible emissions observations. |
| § 63.9(g) | Additional Notifications When Using CMS | No | Provisions for COMS are not applicable. |
| § 63.9(h)(1)-(3) | Notification of Compliance Status | Yes | Section 63.5130 specifies the dates for submitting the notification of compliance status. |
| § 63.9(h)(5)-(6) | Clarifications | Yes | |
| § 63.9(i) | Adjustment of Submittal Deadlines | Yes | |
| § 63.9(j) | Change in Previous Information | Yes | |
| § 63.9(k) | Yes | Only as specified in § 63.9(j) | |
| § 63.10(a) | Recordkeeping/Reporting—Applicability and General Information | Yes | |
| § 63.10(b)(1) | General Recordkeeping Requirements | Yes | Additional requirements are specified in § 63.5190. |
| § 63.10(b)(2)(i)-(ii) | Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Recordkeeping of Failures to Meet Standards | Yes before August 24, 2020. No on and after August 24, 2020 | See § 63.5190(a)(5). |
| § 63.10(b)(2)(iii) | Maintenance Records | Yes | |
| § 63.10(b)(2)(iv)-(v) | Actions Taken to Minimize Emissions During Startup, Shutdown, and Malfunction | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.5190(a)(5). |
| § 63.10(b)(2)(vi) | Recordkeeping for CMS Malfunctions | Yes before August 24, 2020, No on and after August 24, 2020 | See § 63.5190(a)(5). |
| § 63.10(b)(2)(vii)-(xiv) | Other CMS Requirements | Yes | |
| § 63.10(b)(3) | Recordkeeping Requirements for Applicability Determinations | Yes | |
| § 63.10(c) | Additional CMS Recordkeeping Requirements | No | See § 63.5190(a)(5). |
| § 63.10(d)(1)-(2) | General Reporting Requirements and Report of Performance Test Results | Yes | Additional requirements are specified in § 63.5180(e). |
| § 63.10(d)(3) | Reporting Opacity or Visible Emissions Observations | No | Subpart SSSS does not require opacity and visible emissions observations. |
| § 63.10(d)(4) | Progress Reports for Sources with Compliance Extensions | Yes | |
| § 63.10(d)(5) | Startup, Shutdown, Malfunction Reports | Yes before August 24, 2020. No on and after August 24, 2020 | |
| § 63.10(e) | Additional Reporting Requirements for Sources with CMS | No | |
| § 63.10(f) | Recordkeeping/Reporting Waiver | Yes | |
| § 63.11 | Control Device Requirements/Flares | No | Subpart SSSS does not specify use of flares for compliance. |
| § 63.12 | State Authority and Delegations | Yes | |
| § 63.13(a) | Addresses | Yes before August 24, 2020. No on and after August 24, 2020 | |
| § 63.13(b) | Submittal to State Agencies | Yes | |
| § 63.13(c) | Submittal to State Agencies | Yes before August 24, 2020. No unless the state requires the submittal via CEDRI, on and after August 24, 2020 | |
| § 63.14 | Incorporation by Reference | Yes | Subpart SSSS includes provisions for alternative ASTM and ASME test methods that are incorporated by reference. |
| § 63.15 | Availability of Information/Confidentiality | Yes |
[85 FR 10868, Feb. 25, 2020, as amended at 85 FR 73908, Nov. 19, 2020]
| Chemical name | CAS No. |
|---|---|
| 1,1,2,2-Tetrachloroethane | 79-34-5 |
| 1,1,2-Trichloroethane | 79-00-5 |
| 1,1-Dimethylhydrazine | 57-14-7 |
| 1,2-Dibromo-3-chloropropane | 96-12-8 |
| 1,2-Diphenylhydrazine | 122-66-7 |
| 1,3-Butadiene | 106-99-0 |
| 1,3-Dichloropropene | 542-75-6 |
| 1,4-Dioxane | 123-91-1 |
| 2,4,6-Trichlorophenol | 88-06-2 |
| 2,4/2,6-Dinitrotoluene (mixture) | 25321-14-6 |
| 2,4-Dinitrotoluene | 121-14-2 |
| 2,4-Toluene diamine | 95-80-7 |
| 2-Nitropropane | 79-46-9 |
| 3,3′-Dichlorobenzidine | 91-94-1 |
| 3,3′-Dimethoxybenzidine | 119-90-4 |
| 3,3′-Dimethylbenzidine | 119-93-7 |
| 4,4′-Methylene bis(2-chloroaniline) | 101-14-4 |
| Acetaldehyde | 75-07-0 |
| Acrylamide | 79-06-1 |
| Acrylonitrile | 107-13-1 |
| Allyl chloride | 107-05-1 |
| alpha-Hexachlorocyclohexane (a-HCH) | 319-84-6 |
| Aniline | 62-53-3 |
| Benzene | 71-43-2 |
| Benzidine | 92-87-5 |
| Benzotrichloride | 98-07-7 |
| Benzyl chloride | 100-44-7 |
| beta-Hexachlorocyclohexane (b-HCH) | 319-85-7 |
| Bis(2-ethylhexyl)phthalate | 117-81-7 |
| Bis(chloromethyl)ether | 542-88-1 |
| Bromoform | 75-25-2 |
| Captan | 133-06-2 |
| Carbon tetrachloride | 56-23-5 |
| Chlordane | 57-74-9 |
| Chlorobenzilate | 510-15-6 |
| Chloroform | 67-66-3 |
| Chloroprene | 126-99-8 |
| Cresols (mixed) | 1319-77-3 |
| DDE | 3547-04-4 |
| Dichloroethyl ether | 111-44-4 |
| Dichlorvos | 62-73-7 |
| Epichlorohydrin | 106-89-8 |
| Ethyl acrylate | 140-88-5 |
| Ethylene dibromide | 106-93-4 |
| Ethylene dichloride | 107-06-2 |
| Ethylene oxide | 75-21-8 |
| Ethylene thiourea | 96-45-7 |
| Ethylidene dichloride (1,1-Dichloroethane) | 75-34-3 |
| Formaldehyde | 50-00-0 |
| Heptachlor | 76-44-8 |
| Hexachlorobenzene | 118-74-1 |
| Hexachlorobutadiene | 87-68-3 |
| Hexachloroethane | 67-72-1 |
| Hydrazine | 302-01-2 |
| Isophorone | 78-59-1 |
| Lindane (hexachlorocyclohexane, all isomers) | 58-89-9 |
| m-Cresol | 108-39-4 |
| Methylene chloride | 75-09-2 |
| Naphthalene | 91-20-3 |
| Nitrobenzene | 98-95-3 |
| Nitrosodimethylamine | 62-75-9 |
| o-Cresol | 95-48-7 |
| o-Toluidine | 95-53-4 |
| Parathion | 56-38-2 |
| p-Cresol | 106-44-5 |
| p-Dichlorobenzene | 106-46-7 |
| Pentachloronitrobenzene | 82-68-8 |
| Pentachlorophenol | 87-86-5 |
| Propoxur | 114-26-1 |
| Propylene dichloride | 78-87-5 |
| Propylene oxide | 75-56-9 |
| Quinoline | 91-22-5 |
| Tetrachloroethene | 127-18-4 |
| Toxaphene | 8001-35-2 |
| Trichloroethylene | 79-01-6 |
| Trifluralin | 1582-09-8 |
| Vinyl bromide | 593-60-2 |
| Vinyl chloride | 75-01-4 |
| Vinylidene chloride | 75-35-4 |
[85 FR 10870, Feb. 25, 2020]