[Code of Federal Regulations]
[Title 40, Volume 5]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR55.11]

[Page 115-116]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS--Table of Contents
 
Sec. 55.11  Delegation.

    (a) The Governor or the Governor's designee of any State adjacent to 
an OCS source subject to the requirements of this part may submit a 
request, purusant to section 328(a)(3) of the Act, to the Administrator 
for the authority to implement and enforce the requirements of this OCS 
program: Within 25 miles of the State's seaward boundary; and/or Beyond 
25 miles of the State's seaward boundary. Authority to implement and 
enforce Secs. 55.5, 55.11, and 55.12 of this part will not be delegated.
    (b) The Administrator will delegate implementation and enforcement 
authority to a State if the State has an adjacent OCS source and the 
Administrator determines that the State's regulations are adequate, 
including a demonstration by the State that the State has:
    (1) Adopted the appropriate portions of this part into State law;
    (2) Adequate authority under State law to implement and enforce the 
requirements of this part. A letter from the State Attorney General 
shall be required stating that the requesting agency has such authority;
    (3) Adequate resources to implement and enforce the requirements of 
this part; and
    (4) Adequate administrative procedures to implement and enforce the 
requirements of this part, including public notice and comment 
procedures.
    (c) The Administrator will notify in writing the Governor or the 
Governor's designee of the Administrator's final

[[Page 116]]

action on a request for delegation within 6 months of the receipt of the 
request.
    (d) If the Administrator finds that the State regulations are 
adequate, the Administrator will authorize the State to implement and 
enforce the OCS requirements under State law. If the Administrator finds 
that only part of the State regulations are adequate, he will authorize 
the State to implement and enforce only that portion of this part.
    (e) Upon delegation, a State may use any authority it possesses 
under State law to enforce any permit condition or any other requirement 
of this part for which the agency has delegated authority under this 
part. A State may use anyauthority it possesses under State law to 
require monitoring and reporting and to conduct inspections.
    (f) Nothing in this part shall prohibit the Administrator from 
enforcing any requirement of this part.
    (g) The Administrator will withdraw a delegation of any authority to 
implement and enforce any or all of this part if the Administrator 
determines that: (1) The requirements of this part are not being 
adequately implemented or enforced by the delegated agency, or (2) The 
delegated agency no longer has adequate regulations as required by 
Sec. 55.11(b) of this part.
    (h) Sharing of information. Any information obtained or used in the 
administration of a delegated program shall be made available to EPA 
upon request without restriction. If the information has been submitted 
to the delegated agency under a claim of confidentiality, the delegated 
agency must notify the source of this obligation and submit that claim 
to EPA. Any information obtained from a delegated agency accompanied by 
a claim of confidentiality will be treated in accordance with the 
requirements of 40 CFR part 2.
    (i) Grant of exemptions. A decision by a delegated agency to grant 
or deny an exemption request may be appealed to the Administrator in 
accordance with Sec. 55.7 of this part.
    (j) Delegated authority. The delegated agency in the COA for sources 
located within 25 miles of the State's seaward boundary or the delegated 
agency in the NOA for sources located beyond 25 miles of the State's 
seaward boundary will exercise all delegated authority. If there is no 
delegated agency in the COA for sources located within 25 miles of the 
State's seaward boundary, or in the NOA for sources located beyond 25 
miles of the State's seaward boundary, the EPA will issue the permit and 
implement and enforce the requirements of this part. For sources located 
within 25 miles of the State's seaward boundary, the Administrator may 
retain the authority for implementing and enforcing the requirements of 
this part if the NOA and COA are in different States.

[57 FR 40806, Sept. 4, 1992, as amended at 62 FR 46409, Sept. 2, 1997]