[Code of Federal Regulations]
[Title 40, Volume 9]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.12]

[Page 60-61]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 63.12  State authority and delegations.

    (a) The provisions of this part shall not be construed in any manner 
to preclude any State or political subdivision thereof from--
    (1) Adopting and enforcing any standard, limitation, prohibition, or 
other regulation applicable to an affected source subject to the 
requirements of this part, provided that such standard, limitation, 
prohibition, or regulation is not less stringent than any requirement 
applicable to such source established under this part;
    (2) Requiring the owner or operator of an affected source to obtain 
permits, licenses, or approvals prior to initiating construction, 
reconstruction, modification, or operation of such source; or
    (3) Requiring emission reductions in excess of those specified in 
subpart D of this part as a condition for granting the extension of 
compliance authorized by section 112(i)(5) of the Act.
    (b)(1) Section 112(l) of the Act directs the Administrator to 
delegate to each State, when appropriate, the authority to implement and 
enforce standards and other requirements pursuant to section 112 for 
stationary sources located in that State. Because of the unique nature 
of radioactive material, delegation of authority to implement and 
enforce standards that control radionuclides may require separate 
approval.
    (2) Subpart E of this part establishes procedures consistent with 
section 112(l) for the approval of State rules or programs to implement 
and enforce applicable Federal rules promulgated under the authority of 
section 112. Subpart E also establishes procedures for the review and 
withdrawal of section 112 implementation and enforcement authorities 
granted through a section 112(l) approval.
    (c) All information required to be submitted to the EPA under this 
part also shall be submitted to the appropriate State agency of any 
State to

[[Page 61]]

which authority has been delegated under section 112(l) of the Act, 
provided that each specific delegation may exempt sources from a certain 
Federal or State reporting requirement. The Administrator may permit all 
or some of the information to be submitted to the appropriate State 
agency only, instead of to the EPA and the State agency.