§63.7570 Who implements and enforces this subpart?

(a) This subpart can be implemented and enforced by the EPA, or an Administrator such as your state, local, or tribal agency. If the EPA Administrator has delegated authority to your state, local, or tribal agency, then that agency (as well as the EPA) 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 40 CFR part 63, subpart E, the authorities listed in paragraphs (b)(1) through (4) of this section are retained by the EPA Administrator and are not transferred to the state, local, or tribal agency, however, the EPA retains oversight of this subpart and can take enforcement actions, as appropriate.

(1) Approval of alternatives to the emission limits and work practice standards in §63.7500(a) and (b) under §63.6(g), except as specified in §63.7555(d)(13).

(2) Approval of major change to test methods in Table 5 to this subpart under §63.7(e)(2)(ii) and (f) and as defined in §63.90, and alternative analytical methods requested under §63.7521(b)(2).

(3) Approval of major change to monitoring under §63.8(f) and as defined in §63.90, and approval of alternative operating parameters under §§63.7500(a)(2) and 63.7522(g)(2).

(4) Approval of major change to recordkeeping and reporting under §63.10(e) and as defined in §63.90.

[76 FR 15664, Mar. 21, 2011, as amended at 78 FR 7186, Jan. 31, 2013; 80 FR 72817, Nov. 20, 2015]