[Code of Federal Regulations]

[Title 40, Volume 9]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR63.12]



[Page 62]

 

                   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 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.