Delegated Federal authorities.

§ 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—Alabama 1

Source category Subpart ADEM 2JCDH 3HDNR 4
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

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

2 Alabama Department of Environmental Management.

3 Jefferson County Department of Health.

4 Huntsville 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 Provisions 1X
DEarly ReductionsX
FHON-SOCMI
GHON-Process Vents
HHON-Equipment Leaks
IHON-Negotiated Leaks
LCoke Oven Batteries
MPerc Dry CleaningX
NChromium ElectroplatingX 2
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

1 Authorities 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.”

2 Alaska 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.

Table 3 to Paragraph (a)(3)(i)—Delegation Status for Part 63 Standards—Arizona

Subpart Description ADEQ 1MCAQD 2PDEQ 3PCAQCD 4GRIC 5
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 SmeltingXXXX
YMarine Tank Vessel Loading OperationsXX
AAPhosphoric Acid Manufacturing PlantsXXXX
BBPhosphate Fertilizers Production PlantsXXXX
CCPetroleum RefineriesXXXX
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 PlantsXXXX
MMChemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp MillsXXXX
NNWool Fiberglass Manufacturing at Area SourcesX
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 IndustryXXX
MMMPesticide Active Ingredient ProductionXXXX
NNNWool Fiberglass ManufacturingXXXX
OOOManufacture of Amino/Phenolic ResinsXXXX
PPPPolyether Polyols ProductionXXXX
QQQPrimary Copper SmeltingXXX
RRRSecondary Aluminum ProductionXXXX
TTTPrimary Lead SmeltingXXX
UUUPetroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery UnitsXXX
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
UUUUUCoal and Oil-Fired Electric Utility Steam Generating UnitsX
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 SourcesX
FFFFFFSecondary Copper Smelting Area SourcesX
GGGGGGPrimary Nonferrous Metals Area Sources—Zinc, Cadmium, and BerylliumXX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area SourcesXX
JJJJJJIndustrial, Commercial, and Institutional Boilers and Process Heaters—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 SourcesXX
WWWWWWArea Source Standards for Plating and Polishing OperationsXX
XXXXXXArea Source Standards for Nine Metal Fabrication and Finishing Source CategoriesXX
YYYYYYArea Sources: Ferroalloys Production FacilitiesXX
ZZZZZZArea Source Standards for Aluminum, Copper, and Other Nonferrous FoundriesXX
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing—Area SourcesXX
BBBBBBBChemical Preparations Industry—Area SourcesXX
CCCCCCCPaint and Allied Products Manufacturing—Area SourcesXX
DDDDDDDPrepared Feeds Manufacturing—Area SourcesXX
EEEEEEEGold Mine Ore Processing and Production—Area SourcesXX
HHHHHHHPolyvinyl Chloride and Copolymers ProductionXX

1 Arizona Department of Environmental Quality.

2 Maricopa County Air Quality Department.

3 Pima County Department of Environmental Quality.

4 Pinal County Air Quality Control District.

5 Gila 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.

(ii) [Reserved]

(4) Arkansas. The following table lists the specific standards under this part that have been delegated unchanged to the Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ) for all sources subject to the Arkansas Title V operating permit program approved by EPA under section 502 of the Clean Air Act. 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, determinations, and the Memorandum of Agreement, dated September 17, 2014, entered into between the DEQ and the U.S. Environmental Protection Agency, Region 6 (hereinafter “EPA”) regarding section 112, Clean Air Act Implementation. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. DEQ's authority to implement and enforce a delegated standard under this part is effective when the standard is incorporated into the source's Title V Operating Permit. Any amendments made to these rules after July 21, 2020, are not delegated.

Delegation Status for Part 63 Standards—State of Arkansas 1

Subpart Source category DEQ 2
AGeneral ProvisionsX
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
NNWool Fiberglass Manufacturing at Area Sources
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
XXEthylene Manufacturing Process Units Heat Exchange Systems and Waste OperationsX
YYGeneric Maximum Achievable Control Technology StandardsX
ZZ-BBB(Reserved)
CCCSteel Pickling—HCI 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 Products4 X
EEEEOrganic Liquids DistributionX
FFFFMisc. Organic Chemical Production and Processes (MON)X
GGGGSolvent Extraction for Vegetable Oil ProductionX
HHHHWet Formed Fiberglass Mat ProductionX
IIIIAuto & Light Duty Truck (Surface Coating)X
JJJJPaper and other Web (Surface Coating)X
KKKKMetal Can (Surface Coating)X
MMMMMisc. Metal Parts and Products (Surface Coating)X
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 of Metal CoilX
TTTTLeather Finishing OperationsX
UUUUCellulose Products ManufacturingX
VVVVBoat ManufacturingX
WWWWReinforced Plastic Composites ProductionX
XXXXRubber Tire ManufacturingX
YYYYStationary Combustion TurbinesX
ZZZZReciprocating Internal Combustion Engines (RICE)X
AAAAALime Manufacturing PlantsX
BBBBBSemiconductor ManufacturingX
CCCCCCoke Ovens: Pushing, Quenching and Battery StacksX
DDDDDIndustrial/Commercial/Institutional Boilers and Process Heaters 5 X
EEEEEIron and Steel FoundriesX
FFFFFIntegrated Iron and SteelX
GGGGGSite RemediationX
HHHHHMiscellaneous Coating ManufacturingX
IIIIIMercury Cell Chlor-Alkali PlantsX
JJJJJBrick and Structural Clay Products Manufacturing6 X
KKKKKClay Ceramics Manufacturing6 X
LLLLLAsphalt Roofing and ProcessingX
MMMMMFlexible Polyurethane Foam Fabrication OperationX
NNNNNHydrochloric Acid Production, Fumed Silica ProductionX
OOOOO(Reserved)
PPPPPEngine Test FacilitiesX
QQQQQFriction Products ManufacturingX
RRRRRTaconite Iron Ore ProcessingX
SSSSSRefractory Products ManufactureX
TTTTTPrimary Magnesium RefiningX
UUUUUCoal and Oil-Fired Electric Utility Steam Generating Units 7 X
VVVVV(Reserved)
WWWWWHospital Ethylene Oxide Sterilizers
XXXXX(Reserved)
YYYYYElectric Arc Furnace Steelmaking Area SourcesX
ZZZZZIron and Steel Foundries Area Sources
AAAAAA(Reserved)
BBBBBBGasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
CCCCCCGasoline Dispensing Facilities
DDDDDDPolyvinyl Chloride and Copolymers Production Area Sources
EEEEEEPrimary Copper Smelting Area SourcesX
FFFFFFSecondary Copper Smelting Area SourcesX
GGGGGGPrimary Nonferrous Metals Area Sources: Zinc, Cadmium, and BerylliumX
HHHHHHPaint Stripping and Miscellaneous Surface Coating Operations at Area Sources
IIIIII(Reserved)
JJJJJJIndustrial, Commercial, and Institutional Boilers: Area Sources
KKKKKK(Reserved)
LLLLLLAcrylic and Modacrylic Fibers Production Area Sources
MMMMMMCarbon Black Production Area SourcesX
NNNNNNChemical Manufacturing Area Sources: Chromium CompoundsX
OOOOOOFlexible Polyurethane Foam Production and Fabrication Area Sources
PPPPPPLead Acid Battery Manufacturing Area Sources
QQQQQQWood Preserving Area Sources
RRRRRRClay Ceramics Manufacturing Area Sources
SSSSSSGlass Manufacturing Area SourcesX
TTTTTTSecondary Nonferrous Metals Processing Area Sources
UUUUUU(Reserved)
VVVVVVChemical Manufacturing Area SourcesX
WWWWWWPlating and Polishing Operations Area Sources
XXXXXXNine Metal Fabrication and Finishing Categories Area Sources
YYYYYYFerroalloys Production Facilities Area Sources
ZZZZZZAluminum, Copper, and Other Nonferrous Foundries Area Sources
AAAAAAAAsphalt Processing and Asphalt Roofing Manufacturing Area Sources
BBBBBBBChemical Preparations Industry Area Sources
CCCCCCCPaints and Allied Products Manufacturing Area Sources
DDDDDDDPrepared Feeds Manufacturing Area Sources
EEEEEEEGold Mine Ore Processing and Production Area Sources
FFFFFFFReserved
GGGGGGGReserved
HHHHHHHPolyvinyl Chloride and Copolymers ProductionX

1 Program delegated to Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ).

2 Authorities 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.

3 This 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 DC Court's holding, this subpart is not delegated to DEQ at this time.

4 This subpart was issued a partial vacatur on October 29, 2007 (72 FR 61060), by the United States Court of Appeals for the District of Columbia Circuit.

5 Final rule. See 76 FR 15608 (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015).

6 Final promulgated rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that subpart KKKKK of this part was amended in response to a petition for reconsideration of the final rule. See 84 FR 58601 (November 1, 2019).

7 Initial final rule. See 77 FR 9304 (February 16, 2012), as amended 81 FR 20172 (April 6, 2016). Final supplemental finding that it is appropriate and necessary to regulate hazardous air pollutant (HAP) emissions from coal- and oil-fired electric utility steam generating units (EUSGU). See 81 FR 24420 (April 25, 2016).

(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.

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