(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—Alabama1

Open Table
    Source category Subpart ADEM2 JCDH3 HDNR4
1 HON F, G, H, I X X X
2 Polyvinyl Chloride & Co-polymers, VACATED on 5/11/05 J
3 Coke Ovens L X X X
4 Dry Cleaners M X X X
5 Chromium Electroplating N X X X
6 EtO Commercial Sterilization O X X X
7 Chromium Cooling Towers Q X X X
8 Gasoline Distribution (stage 1) R X X X
9 Pulp & Paper I S X X X
10 Halogenated Solvent Cleaning T X X X
11 Polymer & Resins 1 U X X X
12 Polymer & Resins 2 W X X X
13 Secondary Lead Smelters X X X X
14 Marine Tank Vessel Loading Y X X
15 Phosphoric Acid Mfg AA X X X
16 Phosphate Fertilizers Prod BB X X X
17 Petroleum Refineries CC X X X
18 Offsite Waste & Recovery DD X X X
    Tanks; Level 1 OO X X X
    Containers PP X X X
    Surface Impoundments QQ X X X
    Drain Systems RR X X X
    Oil-Water Separators VV X X X
19 Magnetic Tape EE X X X
20 Aerospace Industry GG X X X
21 Oil & Natural Gas Prod HH X X X
    Area Source Requirements >>.
22 Shipbuilding and Repair II X X X
23 Wood Furniture Mfg JJ X X X
24 Printing & Publishing KK X X X
25 Primary Aluminum LL
26 Pulp & Paper II (Combustion sources) MM X X X
27 Generic MACT:
    Control Devices SS X X X
    Eq. Leaks—Level 1 TT X X X
    Eq. Leaks—Level 2 UU X X X
    Tanks—Level 2 WW X X X
28 Generic MACT:
    Ethylene Mfg XX & YY X X X
    Carbon Black YY X X X
    Spandex Prod YY X X X
    Cyanide Chemical Mfg YY X X X
    Acetal Resins YY X X X
    Acrylic/Modacrylic Fibers YY X X X
    Hydrogen Fluoride Prod YY X X X
    Polycarbonates Prod YY X X X
29 Steel Pickeling CCC X X X
30 Mineral Wool Prod DDD X X X
31 Hazardous Waste Combustion (Phase I) EEE X X X
32 Boilers that burn Haz. Waste (Phase II) EEE X X X
33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X X X
34 Pharmaceutical Prod GGG X X X
35 Nat. Gas Transmission & Storage HHH X X X
36 Flexible Polyurethane Foam Prod III X X X
37 Polymer & Resins 4 JJJ X X X
38 Portland Cement LLL X X X
39 Pesticide Active Ingredients MMM X X X
40 Wool Fiberglass NNN X X X
41 Polymer & Resins 3 (Amino & Phenolic) OOO X X X
42 Polyether Polyols Prod PPP X X X
43 Primary Copper QQQ X
44 Secondary Aluminum Prod RRR X X X
45 Primary Lead Smelting TTT
46 Petro Refineries (FCC units) UUU X X X
47 POTW VVV X X X
48 Ferroalloys XXX X X X
49 Municipal Landfills AAAA X X X
50 Nutritional Yeast CCCC X X X
51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X X X
52 Organic Liquids Distribution (non-gas) EEEE X X X
53 Misc. Organic NESHAP FFFF X X X
54 Vegetable Oil GGGG X X X
55 Wet Formed Fiberglass HHHH X X X
56 Auto & Light Duty Truck (coating) IIII X X X
57 Paper & Other Webs JJJJ X X X
58 Metal Can (coating) KKKK X X X
59 Misc. Metal Parts (coating) MMMM X X X
60 Large Appliances (coating) NNNN X X X
61 Printing, Coating, & Dyeing Fabrics OOOO X X X
62 Plastic Parts & Products (coating) PPPP X X X
63 Wood Building Products QQQQ X X X
64 Metal Furniture (coating) RRRR X X X
65 Metal Coil (coating) SSSS X X X
66 Leather Tanning & Finishing TTTT X
67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X
68 Boat Manufacturing VVVV X X X
69 Reinforced Plastic Composites WWWW X X X
70 Rubber Tire Mfg XXXX X X X
71 Stationary Combustion Turbines YYYY X X X
72 Reciprocating Int. Combustion Engines ZZZZ X X X
    Area Source Requirements >>.
73 Lime Manufacturing AAAAA X X X
74 Semiconductor Production BBBBB X X X
75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X X X
76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD
77 Iron Foundries EEEEE X X X
78 Integrated Iron & Steel FFFFF X X X
79 Site Remediation GGGGG X X X
80 Misc. Coating Manufacturing HHHHH X X X
81 Mercury Cell Chlor-Alkali IIIII X X X
82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ
83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK
84 Asphalt Roofing & Processing LLLLL X X X
85 Flex. Polyurethane Foam Fabrication MMMMM X
86 Hydrochloric Acid Prod/Fumed Silica NNNNN X X X
87 Engine & Rocket Test Facilities PPPPP X X X
88 Friction Materials Manufacturing QQQQQ X X X
89 Taconite Iron Ore RRRRR X X X
90 Refactories SSSSS X
91 Primary Magnesium TTTTT X X X
Area Source Rules
92 Hospital Sterilizers WWWWW
93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY
94 Iron & Steel foundries ZZZZZ
95 Gasoline Distribution—Bulk BBBBBB
96 Gasoline Dispensing Facilities CCCCCC
97 PVC & Copolymers Prod DDDDDD X X
98 Primary Copper EEEEEE X X
99 Secondary Copper Smelting FFFFFF X X
100 Primary Nonferrous Metals GGGGGG X X
101 Paint Stripping HHHHHH
    Auto-Body Refinishing
    Plastic Parts & Prod. (coating)
102 Acrylic/Modacrylic Fibers Prod LLLLLL
103 Carbon Black Prod MMMMMM
104 Chemical Mfg. Chrom NNNNNN
105 Flex. Polyurethane Foam Fab OOOOOO
    Flex. Polyurethane Foam Prod
106 Lead Acid Battery Mfg PPPPPP
107 Wood Preserving QQQQQQ
108 Clay Ceramics Mfg RRRRRR
109 Glass Mfg SSSSSS
110 Secondary Nonferrous Metals TTTTTT
110 Plating and Polishing WWWWWW
112 Industrial Mach. & Eq. Finishing XXXXXX
    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
113 Ferroalloys Production YYYYYY
    Ferro/Silico Manganese

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

2Alabama Department of Environmental Management.

3Jefferson County Department of Health.

4Huntsville 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

Open Table
Subpart     Alaska Department of Environmental Conservation (1/18/97)
A General Provisions1 X
D Early Reductions X
F HON-SOCMI
G HON-Process Vents
H HON-Equipment Leaks
I HON-Negotiated Leaks
L Coke Oven Batteries
M Perc Dry Cleaning X
N Chromium Electroplating X2
O Ethylene Oxide Sterilizers
Q Industrial Process Cooling Towers X
R Gasoline Distribution X
S Pulp and Paper
T Halogenated Solvent Cleaning X
U Polymers and Resins I
W Polymers and Resins II-Epoxy
X Secondary Lead Smelting
Y Marine Tank Vessel Loading X
CC Petroleum Refineries X
DD Off-Site Waste and Recovery X
EE Magnetic Tape Manufacturing
GG Aerospace Manufacturing & Rework
II Shipbuilding and Ship Repair X
JJ Wood Furniture Manufacturing Operations X
KK Printing and Publishing Industry X
LL Primary Aluminum
OO Tanks—Level 1
PP Containers
QQ Surface Impoundments
RR Individual Drain Systems
VV Oil-Water Separators and Organic-Water Separators
EEE Hazardous Waste Combustors
JJJ Polymers and Resins IV

1Authorities 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.”

2Alaska 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

Open Table
Subpart Description ADEQ1 MCAQD2 PDEQ3 PCAQCD4 GRIC5
A General Provisions X X X X X
F Synthetic Organic Chemical Manufacturing Industry X X X X X
G Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater X X X X X
H Organic Hazardous Air Pollutants: Equipment Leaks X X X X X
I Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks X X X X X
J Polyvinyl Chloride and Copolymers Production X X X X
L Coke Oven Batteries X X X X X
M Perchloroethylene Dry Cleaning X X X X X
N Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X X X X X
O Ethylene Oxide Sterilization Facilities X X X X X
Q Industrial Process Cooling Towers X X X X X
R Gasoline Distribution Facilities X X X X X
S Pulp and Paper X X X X
T Halogenated Solvent Cleaning X X X X X
U Group I Polymers and Resins X X X X X
W Epoxy Resins Production and Non-Nylon Polyamides Production X X X X X
X Secondary Lead Smelting X X X X
Y Marine Tank Vessel Loading Operations X X
AA Phosphoric Acid Manufacturing Plants X X X X
BB Phosphate Fertilizers Production Plants X X X X
CC Petroleum Refineries X X X X
DD Off-Site Waste and Recovery Operations X X X X X
EE Magnetic Tape Manufacturing Operations X X X X X
GG Aerospace Manufacturing and Rework Facilities X X X X X
HH Oil and Natural Gas Production Facilities X X X X
II Shipbuilding and Ship Repair (Surface Coating) X
JJ Wood Furniture Manufacturing Operations X X X X X
KK Printing and Publishing Industry X X X X X
LL Primary Aluminum Reduction Plants X X X X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X X X X
NN Wool Fiberglass Manufacturing at Area Sources X
OO Tanks—Level 1 X X X X X
PP Containers X X X X X
QQ Surface Impoundments X X X X X
RR Individual Drain Systems X X X X X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X X X X
TT Equipment Leaks—Control Level 1 X X X X
UU Equipment Leaks—Control Level 2 X X X X
VV Oil-Water Separators and Organic-Water Separators X X X X X
WW Storage Vessels (Tanks)—Control Level 2 X X X X
XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X X X X
YY Generic MACT Standards X X X X
CCC Steel Pickling X X X X
DDD Mineral Wool Production X X X X
EEE Hazardous Waste Combustors X X X X
GGG Pharmaceuticals Production X X X X
HHH Natural Gas Transmission and Storage Facilities X X X X
III Flexible Polyurethane Foam Production X X X X
JJJ Group IV Polymers and Resins X X X X X
LLL Portland Cement Manufacturing Industry X X X
MMM Pesticide Active Ingredient Production X X X X
NNN Wool Fiberglass Manufacturing X X X X
OOO Manufacture of Amino/Phenolic Resins X X X X
PPP Polyether Polyols Production X X X X
QQQ Primary Copper Smelting X X X
RRR Secondary Aluminum Production X X X X
TTT Primary Lead Smelting X X X
UUU Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units X X X
VVV Publicly Owned Treatment Works X X X X
XXX Ferroalloys Production X X X X
AAAA Municipal Solid Waste Landfills X X X X
CCCC Manufacturing of Nutritional Yeast X X X X
DDDD Plywood and Composite Wood Products X X X X
EEEE Organic Liquids Distribution (non-gasoline) X X X X
FFFF Miscellaneous Organic Chemical Manufacturing X X X X
GGGG Solvent Extraction for Vegetable Oil Production X X X X
HHHH Wet-Formed Fiberglass Mat Production X X X X
IIII Surface Coating of Automobiles and Light-Duty Trucks X X X
JJJJ Paper and Other Web Coating X X X X
KKKK Surface Coating of Metal Cans X X X X
MMMM Miscellaneous Metal Parts and Products X X X X
NNNN Large Appliances X X X X
OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X X X X
PPPP Surface Coating of Plastic Parts and Products X X X
QQQQ Wood Building Products X X X X
RRRR Surface Coating of Metal Furniture X X X X
SSSS Surface Coating of Metal Coil X X X X
TTTT Leather Finishing Operations X X X X
UUUU Cellulose Products Manufacturing X X X X
VVVV Boat Manufacturing X X X X
WWWW Reinforced Plastics Composites Production X X X X
XXXX Tire Manufacturing X X X X
YYYY Stationary Combustion Turbines X X X X
ZZZZ Stationary Reciprocating Internal Combustion Engines X X X
AAAAA Lime Manufacturing Plants X X X X
BBBBB Semiconductor Manufacturing X X X X
CCCCC Coke Oven: Pushing, Quenching and Battery Stacks X X X X
DDDDD Industrial, Commercial, and Institutional Boiler and Process Heaters X X X
EEEEE Iron and Steel Foundries X X X X
FFFFF Integrated Iron and Steel X X X X
GGGGG Site Remediation X X X X
HHHHH Miscellaneous Coating Manufacturing X X X X
IIIII Mercury Emissions from Mercury Cell Chlor-Alkali Plants X X X X
JJJJJ Brick and Structural Clay Products Manufacturing X X X X
KKKKK Clay Ceramics Manufacturing X X X X
LLLLL Asphalt Roofing and Processing X X X X
MMMMM Flexible Polyurethane Foam Fabrication Operation X X X X
NNNNN Hydrochloric Acid Production X X X X
PPPPP Engine Test Cells/Stands X X X X
QQQQQ Friction Products Manufacturing X X X X
RRRRR Taconite Iron Ore Processing X X X X
SSSSS Refractory Products Manufacturing X X X X
TTTTT Primary Magnesium Refining X X X X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X
WWWWW Hospital Ethylene Oxide Sterilizers X X
YYYYY Area Sources: Electric Arc Furnace Steelmaking Facilities X X
ZZZZZ Iron and Steel Foundries Area Sources X X
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X X
CCCCCC Gasoline Dispensing Facilities X X
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X X
EEEEEE Primary Copper Smelting Area Sources X
FFFFFF Secondary Copper Smelting Area Sources X
GGGGGG Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium X X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X X
JJJJJJ Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources X X
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X X
MMMMMM Carbon Black Production Area Sources X X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X X
PPPPPP Lead Acid Battery Manufacturing Area Sources X X
QQQQQQ Wood Preserving Area Sources X X
RRRRRR Clay Ceramics Manufacturing Area Sources X X
SSSSSS Glass Manufacturing Area Sources X X
TTTTTT Secondary Nonferrous Metals Processing Area Sources X X
VVVVVV Chemical Manufacturing Industry—Area Sources X X
WWWWWW Area Source Standards for Plating and Polishing Operations X X
XXXXXX Area Source Standards for Nine Metal Fabrication and Finishing Source Categories X X
YYYYYY Area Sources: Ferroalloys Production Facilities X X
ZZZZZZ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries X X
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources X X
BBBBBBB Chemical Preparations Industry—Area Sources X X
CCCCCCC Paint and Allied Products Manufacturing—Area Sources X X
DDDDDDD Prepared Feeds Manufacturing—Area Sources X X
EEEEEEE Gold Mine Ore Processing and Production—Area Sources X X
HHHHHHH Polyvinyl Chloride and Copolymers Production X X

1Arizona Department of Environmental Quality.

2Maricopa County Air Quality Department.

3Pima County Department of Environmental Quality.

4Pinal County Air Quality Control District.

5Gila 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.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Arkansas Department of Environmental Quality (hereinafter “ADEQ”) for all sources subject to the part 70 program. 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 ADEQ 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 EPA. These include certain General Provisions authorities and specific parts of some standards. ADEQ's authority to implement and enforce a delegated Part 63 standard is effective when the standard is incorporated into the source's Title V (Part 70) Operating Permit.

Delegation Status for Part 63 Standards—State of Arkansas1

Open Table
Subpart Source category ADEQ2
A General Provisions X
F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X
G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X
H HON—Equipment Leaks X
I HON—Certain Processes Negotiated Equipment Leak Regulation X
J Polyvinyl Chloride and Copolymers Production (3)
K (Reserved)
L Coke Oven Batteries X
M Perchloroethylene Dry Cleaning X
N Chromium Electroplating and Chromium Anodizing Tanks X
O Ethylene Oxide Sterilizers X
P (Reserved)
Q Industrial Process Cooling Towers X
R Gasoline Distribution X
S Pulp and Paper Industry X
T Halogenated Solvent Cleaning X
U Group I Polymers and Resins X
V (Reserved)
W Epoxy Resins Production and Non-Nylon Polyamides Production X
X Secondary Lead Smelting X
Y Marine Tank Vessel Loading X
Z (Reserved)
AA Phosphoric Acid Manufacturing Plants X
BB Phosphate Fertilizers Production Plants X
CC Petroleum Refineries X
DD Off-Site Waste and Recovery Operations X
EE Magnetic Tape Manufacturing X
FF (Reserved)
GG Aerospace Manufacturing and Rework Facilities X
HH Oil and Natural Gas Production Facilities X
II Shipbuilding and Ship Repair Facilities X
JJ Wood Furniture Manufacturing Operations X
KK Printing and Publishing Industry X
LL Primary Aluminum Reduction Plants X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X
NN (Reserved)
OO Tanks-Level 1 X
PP Containers X
QQ Surface Impoundments X
RR Individual Drain Systems X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X
TT Equipment Leaks—Control Level 1 X
UU Equipment Leaks—Control Level 2 Standards X
VV Oil—Water Separators and Organic—Water Separators X
WW Storage Vessels (Tanks)—Control Level 2 X
XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X
YY Generic Maximum Achievable Control Technology Standards X
ZZ-BBB (Reserved)
CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X
DDD Mineral Wool Production X
EEE Hazardous Waste Combustors X
FFF (Reserved)
GGG Pharmaceuticals Production X
HHH Natural Gas Transmission and Storage Facilities X
III Flexible Polyurethane Foam Production X
JJJ Group IV Polymers and Resins X
KKK (Reserved)
LLL Portland Cement Manufacturing X
MMM Pesticide Active Ingredient Production X
NNN Wool Fiberglass Manufacturing X
OOO Amino/Phenolic Resins X
PPP Polyether Polyols Production X
QQQ Primary Copper Smelting X
RRR Secondary Aluminum Production X
SSS (Reserved)
TTT Primary Lead Smelting X
UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X
VVV Publicly Owned Treatment Works (POTW) X
WWW (Reserved)
XXX Ferroalloys Production: Ferromanganese and Silicomanganese X
AAAA Municipal Solid Waste Landfills X
CCCC Nutritional Yeast Manufacturing X
DDDD Plywood and Composite Wood Products 4X
EEEE Organic Liquids Distribution X
FFFF Misc. Organic Chemical Production and Processes (MON) X
GGGG Solvent Extraction for Vegetable Oil Production X
HHHH Wet Formed Fiberglass Mat Production X
IIII Auto & Light Duty Truck (Surface Coating) X
JJJJ Paper and other Web (Surface Coating) X
KKKK Metal Can (Surface Coating) X
MMMM Misc. Metal Parts and Products (Surface Coating) X
NNNN Surface Coating of Large Appliances X
OOOO Fabric Printing Coating and Dyeing X
PPPP Surface Coating of Plastic Parts and Products X
QQQQ Surface Coating of Wood Building Products X
RRRR Surface Coating of Metal Furniture X
SSSS Surface Coating of Metal Coil X
TTTT Leather Finishing Operations X
UUUU Cellulose Products Manufacturing X
VVVV Boat Manufacturing X
WWWW Reinforced Plastic Composites Production X
XXXX Rubber Tire Manufacturing X
YYYY Stationary Combustion Turbines X
ZZZZ Reciprocating Internal Combustion Engines (RICE) X
AAAAA Lime Manufacturing Plants X
BBBBB Semiconductor Manufacturing X
CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X
DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters 5X
EEEEE Iron and Steel Foundries X
FFFFF Integrated Iron and Steel X
GGGGG Site Remediation X
HHHHH Miscellaneous Coating Manufacturing X
IIIII Mercury Cell Chlor-Alkali Plants X
JJJJJ Brick and Structural Clay Products Manufacturing (6)
KKKKK Clay Ceramics Manufacturing (6)
LLLLL Asphalt Roofing and Processing X
MMMMM Flexible Polyurethane Foam Fabrication Operation X
NNNNN Hydrochloric Acid Production, Fumed Silica Production X
OOOOO (Reserved)
PPPPP Engine Test Facilities X
QQQQQ Friction Products Manufacturing X
RRRRR Taconite Iron Ore Processing X
SSSSS Refractory Products Manufacture X
TTTTT Primary Magnesium Refining X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units 7X
VVVVV (Reserved)
WWWWW Hospital Ethylene Oxide Sterilizers
XXXXX (Reserved)
YYYYY Electric Arc Furnace Steelmaking Area Sources X
ZZZZZ Iron and Steel Foundries Area Sources
AAAAAA (Reserved)
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
CCCCCC Gasoline Dispensing Facilities
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources
EEEEEE Primary Copper Smelting Area Sources X
FFFFFF Secondary Copper Smelting Area Sources X
GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources
IIIIII (Reserved)
JJJJJJ Industrial, Commercial, and Institutional Boilers: Area Sources
KKKKKK (Reserved)
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources
MMMMMM Carbon Black Production Area Sources X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources
PPPPPP Lead Acid Battery Manufacturing Area Sources
QQQQQQ Wood Preserving Area Sources
RRRRRR Clay Ceramics Manufacturing Area Sources
SSSSSS Glass Manufacturing Area Sources X
TTTTTT Secondary Nonferrous Metals Processing Area Sources
UUUUUU (Reserved)
VVVVVV Chemical Manufacturing Area Sources X
WWWWWW Plating and Polishing Operations Area Sources
XXXXXX Nine Metal Fabrication and Finishing Categories Area Sources
YYYYYY Ferroalloys Production Facilities Area Sources
ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources
BBBBBBB Chemical Preparations Industry Area Sources
CCCCCCC Paints and Allied Products Manufacturing Area Sources
DDDDDDD Prepared Feeds Manufacturing Area Sources
EEEEEEE Gold Mine Ore Processing and Production Area Sources
FFFFFFF Reserved
GGGGGGG Reserved
HHHHHHH Polyvinyl Chloride and Copolymers Production X

1Program delegated to Arkansas Department of Environmental Quality (ADEQ).

2Authorities 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.

3This 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 ADEQ at this time

4This 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.

5Final rule. See 78 FR 7138 (January 31, 2013).

6This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the DC Court's holding, this subpart is not delegated to ADEQ at this time.

7Initial Final Rule. See 77 FR 9304 (February 16, 2012). Final on reconsideration of certain new source issues. See 78 FR 24073 (April 24, 2013). Portions of this subpart are in proposed reconsideration pending final action. See 78 FR 38001 (June 25, 2013).

(ii) [Reserved]

(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.

(1) Title V requirements. Subpart N affected sources remain subject to both the Title V permitting requirements of §63.340(e)(2) and, for major sources, the semi-annual submission of the ongoing compliance status reports as required by §63.347(g).

(2) Limits on maximum cumulative potential rectifier usage. Section 93102(h)(7)(B) of the California Airborne Toxic Control Measure allows facilities with a maximum cumulative potential rectifier capacity of greater than 60 million ampere-hours per year to be considered small or medium by accepting a limit on the maximum cumulative potential rectifier usage. All such usage limits in non-Title V operating permits are federally-enforceable for the purpose of this rule substitution.

(3) Permitting Agencies' breakdown/malfunction rules. Section 93102(i)(4) of the California Airborne Toxic Control Measure provides that the owner or operator shall report breakdowns as required by the permitting agency's breakdown rule. Under this rule substitution, the permitting agencies' breakdown rules do not override or supplant the requirements of section 93102(g)(4), (h)(5), (h)(6), (i)(3)(B), or Appendix 3; neither expand the scope nor extend the time-frame of a breakdown beyond the definition of section 93102(b)(7); and do not grant the permitting agencies the authority to determine whether a breakdown has occurred, to grant emergency variances, or to decide to take no enforcement action. Owners or operators must submit written breakdown reports even if the permitting agency has not formally requested such reports.

(4) Performance test requirements. Section 93102(d)(3)(A) of the California Airborne Toxic Control Measure allows the use of California Air Resources Board Method 425, dated July 28, 1997, and South Coast Air Quality Management District Method 205.1, dated August 1991, for determining chromium emissions. Any alternatives, modifications, or variations to these test methods must be approved under the procedures in section 93102(k) of the California Airborne Toxic Control Measure.

(6)-(7) [Reserved]

(8) Delaware.

(i) Affected sources must comply with the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1-5 and sections 7-14, January 11, 1999 (incorporated by reference as specified in §63.14). The material incorporated in the Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1-5 and sections 7-14 pertains to owners and operators of stationary sources in the State of Delaware that have more than a threshold quantity of a regulated substance in a process, as described in section 5.10 of Delaware's regulation, and has been approved under the procedures in §§63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68-Chemical Accident Prevention Provisions.

(ii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A, effective September 11, 1999 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A pertains to owners and operators of stationary sources in the State of Delaware that are subject to emission standard requirements of the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR part 63 and has been approved under the procedures in §§63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart A. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart A, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(iii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M, effective October 11, 2000 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M pertains to owners and operators of perchloroethylene drycleaning facilities and has been approved under the procedures in §63.91 and §63.92 to be implemented and enforced in place of 40 CFR part 63, subpart M. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart M, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(iv) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N, effective October 11, 2000 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N pertains to owners and operators of hard and decorative chromium electroplating and chromium anodizing tanks and has been approved under the procedures in §§63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart N. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart N, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(v) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q, effective May 11, 1998 (incorporated by reference as specified in §63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q pertains to owners and operators of industrial process cooling towers and has been approved under the procedures in §§63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart Q. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart Q, in accordance with the final rule, published in the Federal Register on October 2, 2001, effective December 3, 2001.

(9) District of Columbia.

(i) The District of Columbia is delegated the authority to implement and enforce the regulations in 40 CFR part 63, subparts A, M, N, T, VVV and Appendix A and all future unchanged 40 CFR part 63 standards and amendments, if delegation of future standards and amendments is sought by the District of Columbia Department of Health and approved by EPA Region III, at affected sources, as defined by 40 CFR part 63, in accordance with the final rule, dated December 26, 2001, effective February 25, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(10) Florida.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Florida Department of Environmental Protection (FDEP) 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—Florida1

Open Table
    Source category Subpart FDEP
1 HON F, G, H, I X
2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J X
3 Coke Ovens L X
4 Dry Cleaners M X
5 Chromium Electroplating N X
6 EtO Commercial Sterilization O X
7 Chromium Cooling Towers Q X
8 Gasoline Distribution (stage 1) R X
9 Pulp & Paper I S X
10 Halogenated Solvent Cleaning T X
11 Polymer & Resins 1 U X
12 Polymer & Resins 2 W X
13 Secondary Lead Smelters X X
14 Marine Tank Vessel Loading Y X
15 Phosphoric Acid Mfg AA X
16 Phosphate Fertilizers Prod BB X
17 Petroleum Refineries CC X
18 Offsite Waste & Recovery DD X
    Tanks; Level 1 OO X
    Containers PP X
    Surface Impoundments QQ X
    Drain Systems RR X
    Oil-Water Separators VV X
19 Magnetic Tape EE X
20 Aerospace Industry GG X
21 Oil & Natural Gas Prod HH X
    Area Source Requirements >>.
22 Shipbuilding and Repair II X
23 Wood Furniture Mfg JJ X
24 Printing & Publishing KK X
25 Primary Aluminum LL X
26 Pulp & Paper II (Combustion sources) MM X
27 Generic MACT:
    Control Devices SS X
    Eq. Leaks—Level 1 TT X
    Eq. Leaks—Level 2 UU X
    Tanks—Level 2 WW X
28 Generic MACT:
    Ethylene Mfg XX & YY X
    Carbon Black YY X
    Spandex Prod YY X
    Cyanide Chemical Mfg YY X
    Acetal Resins YY X
    Acrylic/Modacrylic Fibers YY X
    Hydrogen Fluoride Prod YY X
    Polycarbonates Prod YY X
29 Steel Pickeling CCC X
30 Mineral Wool Prod DDD X
31 Hazardous Waste Combustion (Phase I) EEE X
32 Boilers that burn Haz. Waste (Phase II) EEE X
33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X
34 Pharmaceutical Prod GGG X
35 Nat. Gas Transmission & Storage HHH X
36 Flexible Polyurethane Foam Prod III X
37 Polymer & Resins 4 JJJ X
38 Portland Cement LLL X
39 Pesticide Active Ingredients MMM X
40 Wool Fiberglass NNN X
41 Polymer & Resins 3 (Amino & Phenolic) OOO X
42 Polyether Polyols Prod PPP X
43 Primary Copper QQQ X
44 Secondary Aluminum Prod RRR X
45 Primary Lead Smelting TTT X
46 Petro Refineries (FCC units) UUU X
47 POTW VVV X
48 Ferroalloys XXX X
49 Municipal Landfills AAAA X
50 Nutritional Yeast CCCC X
51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X
52 Organic Liquids Distribution (non-gas) EEEE X
53 Misc. Organic NESHAP FFFF X
54 Vegetable Oil GGGG X
55 Wet Formed Fiberglass HHHH X
56 Auto & Light Duty Truck (coating) IIII X
57 Paper & Other Webs JJJJ X
58 Metal Can (coating) KKKK X
59 Misc. Metal Parts (coating) MMMM X
60 Large Appliances (coating) NNNN X
61 Printing, Coating, & Dyeing Fabrics OOOO X
62 Plastic Parts & Products (coating) PPPP X
63 Wood Building Products QQQQ X
64 Metal Furniture (coating) RRRR X
65 Metal Coil (coating) SSSS X
66 Leather Tanning & Finishing TTTT X
67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X
68 Boat Manufacturing VVVV X
69 Reinforced Plastic Composites WWWW X
70 Rubber Tire Mfg XXXX X
71 Stationary Combustion Turbines YYYY X
72 Reciprocating Int. Combustion Engines ZZZZ X
    Area Source Requirements >>.
73 Lime Manufacturing AAAAA X
74 Semiconductor Production BBBBB X
75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X
76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD
77 Iron Foundries EEEEE X
78 Integrated Iron & Steel FFFFF X
79 Site Remediation GGGGG X
80 Misc. Coating Manufacturing HHHHH X
81 Mercury Cell Chlor-Alkali IIIII X
82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ X
83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK X
84 Asphalt Roofing & Processing LLLLL X
85 Flex. Polyurethane Foam Fabrication MMMMM X
86 Hydrochloric Acid Prod/Fumed Silica NNNNN X
87 Engine & Rocket Test Facilities PPPPP X
88 Friction Materials Manufacturing QQQQQ X
89 Taconite Iron Ore RRRRR X
90 Refactories SSSSS X
91 Primary Magnesium TTTTT X
Area Source Rules
92 Hospital Sterilizers WWWWW
93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY X
94 Iron & Steel foundries ZZZZZ X
95 Gasoline Distribution—Bulk BBBBBB
96 Gasoline Dispensing Facilities CCCCCC
97 PVC & Copolymers Prod DDDDDD X
98 Primary Copper EEEEEE X
99 Secondary Copper Smelting FFFFFF X
100 Primary Nonferrous Metals GGGGGG X
101 Paint Stripping HHHHHH
    Auto-Body Refinishing
    Plastic Parts & Prod. (coating)
102 Acrylic/Modacrylic Fibers Prod LLLLLL X
103 Carbon Black Prod MMMMMM X
104 Chemical Mfg. Chrom NNNNNN X
105 Flex. Polyurethane Foam Fab OOOOOO X
    Flex. Polyurethane Foam Prod
106 Lead Acid Battery Mfg PPPPPP X
107 Wood Preserving QQQQQQ X
108 Clay Ceramics Mfg RRRRRR X
109 Glass Mfg SSSSSS X
110 Secondary Nonferrous Metals TTTTTT X
110 Plating and Polishing WWWWWW
112 Industrial Mach. & Eq. Finishing XXXXXX
    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
113 Ferroalloys Production YYYYYY
    Ferro/Silico Manganese

1State program approved on October 1, 2001. Delegation table last updated on December 19, 2008.

(ii) [Reserved]

(11) Georgia.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Georgia Environmental Protection Division (GEPD) 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 force 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—Georgia1

Open Table
    Source category Subpart GEPD
1 HON F, G, H, I X
2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J X
3 Coke Ovens L X
4 Dry Cleaners M X
5 Chromium Electroplating N X
6 EtO Commercial Sterilization O X
7 Chromium Cooling Towers Q X
8 Gasoline Distribution (stage 1) R X
9 Pulp & Paper I S X
10 Halogenated Solvent Cleaning T X
11 Polymer & Resins 1 U X
12 Polymer & Resins 2 W X
13 Secondary Lead Smelters X X
14 Marine Tank Vessel Loading Y X
15 Phosphoric Acid Mfg AA X
16 Phosphate Fertilizers Prod BB X
17 Petroleum Refineries CC X
18 Offsite Waste & Recovery DD X
    Tanks; Level 1 OO X
    Containers PP X
    Surface Impoundments QQ X
    Drain Systems RR X
    Oil-Water Separators VV X
19 Magnetic Tape EE X
20 Aerospace Industry GG X
21 Oil & Natural Gas Prod HH X
    Area Source Requirements >>.
22 Shipbuilding and Repair II X
23 Wood Furniture Mfg JJ X
24 Printing & Publishing KK X
25 Primary Aluminum LL
26 Pulp & Paper II (Combustion sources) MM X
27 Generic MACT:
    Control Devices SS X
    Eq. Leaks—Level 1 TT X
    Eq. Leaks—Level 2 UU X
    Tanks—Level 2 WW X
28 Generic MACT:
    Ethylene Mfg XX & YY X
    Carbon Black YY X
    Spandex Prod YY X
    Cyanide Chemical Mfg YY X
    Acetal Resins YY X
    Acrylic/Modacrylic Fibers YY X
    Hydrogen Fluoride Prod YY X
    Polycarbonates Prod YY X
29 Steel Pickeling CCC X
30 Mineral Wool Prod DDD X
31 Hazardous Waste Combustion (Phase I) EEE X
32 Boilers that burn Haz. Waste (Phase II) EEE X
33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X
34 Pharmaceutical Prod GGG X
35 Nat. Gas Transmission & Storage HHH X
36 Flexible Polyurethane Foam Prod I I I X
37 Polymer & Resins 4 JJJ X
38 Portland Cement LLL X
39 Pesticide Active Ingredients MMM X
40 Wool Fiberglass NNN X
41 Polymer & Resins 3 (Amino & Phenolic) OOO X
42 Polyether Polyols Prod PPP X
43 Primary Copper QQQ X
44 Secondary Aluminum Prod RRR X
45 Primary Lead Smelting TTT X
46 Petro Refineries (FCC units) UUU X
47 POTW VVV X
48 Ferroalloys XXX X
49 Municipal Landfills AAAA X
50 Nutritional Yeast CCCC X
51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X
52 Organic Liquids Distribution (non-gas) EEEE X
53 Misc. Organic NESHAP FFFF X
54 Vegetable Oil GGGG X
55 Wet Formed Fiberglass HHHH X
56 Auto & Light Duty Truck (coating) IIII X
57 Paper & Other Webs JJJJ X
58 Metal Can (coating) KKKK X
59 Misc. Metal Parts (coating) MMMM X
60 Large Appliances (coating) NNNN X
61 Printing, Coating, & Dyeing Fabrics OOOO X
62 Plastic Parts & Products (coating) PPPP X
63 Wood Building Products QQQQ X
64 Metal Furniture (coating) RRRR X
65 Metal Coil (coating) S S S S X
66 Leather Tanning & Finishing TTTT X
67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X
68 Boat Manufacturing VVVV X
69 Reinforced Plastic Composites WWWW X
70 Rubber Tire Mfg XXXX X
71 Stationary Combustion Turbines YYYY X
72 Reciprocating Int. Combustion Engines ZZZZ X
    Area Source Requirements >>.
73 Lime Manufacturing AAAAA X
74 Semiconductor Production BBBBB X
75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X
76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD
77 Iron Foundries EEEEE X
78 Integrated Iron & Steel FFFFF X
79 Site Remediation GGGGG X
80 Misc. Coating Manufacturing HHHHH X
81 Mercury Cell Chlor-Alkali IIIII X
82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ
83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK
84 Asphalt Roofing & Processing LLLLL X
85 Flex. Polyurethane Foam Fabrication MMMMM X
86 Hydrochloric Acid Prod/Fumed Silica NNNNN X
87 Engine & Rocket Test Facilities PPPPP X
88 Friction Materials Manufacturing QQQQQ X
89 Taconite Iron Ore RRRRR X
90 Refactories SSSSS X
91 Primary Magnesium TTTTT X
Area Source Rules
92 Hospital Sterilizers WWWWW
93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY
94 Iron & Steel foundries ZZZZZ
95 Gasoline Distribution—Bulk BBBBBB
96 Gasoline Dispensing Facilities CCCCCC
97 PVC & Copolymers Prod DDDDDD
98 Primary Copper EEEEEE
99 Secondary Copper Smelting FFFFFF
100 Primary Nonferrous Metals GGGGGG
    Paint Stripping
101 Auto-Body Refinishing HHHHHH
    Plastic Parts & Prod. (coating)
102 Acrylic/Modacrylic Fibers Prod LLLLLL
103 Carbon Black Prod MMMMMM
104 Chemical Mfg. Chrom NNNNNN
    Flex. Polyurethane Foam Fab
105 Flex. Polyurethane Foam Prod OOOOOO
106 Lead Acid Battery Mfg PPPPPP
107 Wood Preserving QQQQQQ
108 Clay Ceramics Mfg RRRRRR
109 Glass Mfg SSSSSS
110 Secondary Nonferrous Metals TTTTTT
110 Plating and Polishing WWWWWW
112 Industrial Mach. & Eq. Finishing XXXXXX
    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
113 Ferroalloys Production YYYYYY
    Ferro/Silico Manganese

1State program approved on June 8, 2000. Delegation table last updated on September 15, 2008.

(ii) Georgia Environmental Protection Division (GEPD) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Augusta Mill, Augusta, Georgia, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon GEPD 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.

(12) [Reserved]

(13) Idaho.

(i) The following table lists the specific part 63 subparts that have been delegated unchanged to the Idaho Department of Environmental Quality. The (X) symbol indicates that all or part of the subpart is delegated, subject to the conditions and limits in EPA's action:

Delegation Status of Part 63 NESHAPS—State of Idaho1

Open Table
Subpart IDEQ
A. General Provisions X
D. Early Reductions X
F. HON-SOCMI X
G. HON-Process Vents X
H. HON-Equipment Leaks X
I. HON-Negotiated Leaks X
L. Coke Oven Batteries X
M. Perchloroethylene Dry Cleaning X
N. Chromium Electroplating X
O. Ethylene Oxide Sterilizers X
Q. Industrial Process Cooling Towers X
R. Gasoline Distribution X
S. Pulp and Paper X
T. Halogenated Solvent Cleaning X
U. Polymers and Resins I X
W. Polymers and Resins II—Epoxy X
X. Secondary Lead Smelting X
Y. Marine Tank Vessel Loading X
AA. Phosphoric Acid Manufacturing Plants X
BB. Phosphate Fertilizers Production Plants X
CC. Petroleum Refineries X
DD. Off-Site Waste and Recovery X
EE. Magnetic Tape Manufacturing X
GG. Aerospace Manufacturing & Rework X
HH. Oil and Natural Gas Production Facilities X
II. Shipbuilding and Ship Repair X
JJ. Wood Furniture Manufacturing Operations X
KK. Printing and Publishing Industry X
LL. Primary Aluminum X
OO. Tanks—Level 1 X
PP. Containers X
QQ. Surface Impoundments X
RR. Individual Drain Systems X
SS. Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process
TT. Equipment Leaks—Control Level 1 X
UU. Equipment Leaks—Control Level 2 X
VV. Oil-Water Separators and Organic-Water Separators X
WW. Storage Vessels (Tanks)—Control Level 2 X
YY. Source Categories: Generic MACT X
CCC. Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X
DDD. Mineral Wool Production X
EEE. Hazardous Waste Combustors X
GGG. Pharmaceuticals Production X
HHH. Natural Gas Transmission and Storage Facilities X
III. Flexible Polyurethane Foam Production X
JJJ. Polymers and Resins IV X
LLL. Portland Cement Manufacturing X
MMM. Pesticide Active Ingredient Production X
NNN. Wool Fiberglass Manufacturing X
OOO. Manufacture of Amino Phenolic Resins X
PPP. Polyether Polyols Production X
RRR. Secondary Aluminum Production X
TTT. Primary Lead Smelting X
VVV. Publicly Owned Treatment Works X
XXX. Ferroalloys Production: Ferromanganese & Silicomanganese X

1Delegation is for major sources only and subject to all federal law, regulations, policy and guidance.

(ii) [Reserved]

(14)-(17) [Reserved]

(18) Kentucky.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Kentucky Department of Environmental Protection 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 and Area Source Rule Delegations—Kentucky1

Open Table
    Source category Subpart KDEP2 LAPCD3
1 HON F,G,H,I X X
2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J
3 Coke Ovens L X X
4 Dry Cleaners M X X
5 Chromium Electroplating N X X
6 EtO Commercial Sterilization O X X
7 Chromium Cooling Towers Q X X
8 Gasoline Distribution (stage 1) R X X
9 Pulp & Paper I S X X
10 Halogenated Solvent Cleaning T X X
11 Polymer & Resins 1 U X X
12 Polymer & Resins 2 W X X
13 Secondary Lead Smelters X X X
14 Marine Tank Vessel Loading Y X X
15 Phosphoric Acid Mfg AA X X
16 Phosphate Fertilizers Prod BB X X
17 Petroleum Refineries CC X X
18 Offsite Waste & Recovery DD X X
    Tanks; Level 1 OO X X
    Containers PP X X
    Surface Impoundments QQ X X
    Drain Systems RR X X
    Oil-Water Separators VV X X
19 Magnetic Tape EE X X
20 Aerospace Industry GG X X
21 Oil & Natural Gas Prod HH X X
    Area Source Requirements >>. X
22 Shipbuilding and Repair II X X
23 Wood Furniture Mfg JJ X X
24 Printing & Publishing KK X X
25 Primary Aluminum LL X
26 Pulp & Paper II (Combustion sources) MM X X
27 Generic MACT:
    Control Devices SS X X
    Eq. Leaks—Level 1 TT X X
    Eq. Leaks—Level 2 UU X X
    Tanks—Level 2 WW X X
28 General MACT:
    Ethylene Mfg XX & YY X X
    Carbon Black YY X X
    Spandex Prod YY X X
    Cyanide Chemical Mfg YY X X
    Acetal Resins YY X X
    Acrylic/Modacrylic Fibers YY X X
    Hydrogen Fluoride Prod YY X X
    Polycarbonates Prod YY X X
29 Steel Pickling CCC X X
30 Mineral Wool Prod DDD X X
31 Hazardous Waste Combustion (Phase I) EEE X X
32 Boilers that burn Haz. Waste (Phase II) EEE X X
33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X X
34 Pharmaceutical Prod GGG X X
35 Nat. Gas Transmission & Storage HHH X X
36 Flexible Polyurethane Foam Prod III X X
37 Polymer & Resins 4 JJJ X X
38 Portland Cement LLL X X
39 Pesticide Active Ingredients MMM X X
40 Wool Fiberglass NNN X X
41 Polymer & Resins 3 (Amino & Phenolic) OOO X X
42 Polyether Polyols Prod PPP X X
43 Primary Copper QQQ X X
44 Secondary Aluminum Prod RRR X X
45 Primary Lead Smelting TTT X
46 Petro Refineries (FCC units) UUU X X
47 POTW VVV X X
48 Ferroalloys XXX X X
49 Municipal Landfills AAAA X X
50 Nutritional Yeast CCCC X X
51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X X
52 Organic Liquids Distribution (non-gas) EEEE X X
53 Misc. Organic NESHAP FFFF X X
54 Vegetable Oil GGGG X X
55 Wet Formed Fiberglass HHHH X X
56 Auto & Light Duty Truck (coating) IIII X X
57 Paper & Other Webs JJJJ X X
58 Metal Can (coating) KKKK X X
59 Misc. Metal Parts (coating) MMMM X X
60 Large Appliances (coating) NNNN X X
61 Printing, Coating, & Dyeing Fabrics OOOO X X
62 Plastic Parts & Products (coating) PPPP X X
63 Wood Building Products QQQQ X X
64 Metal Furniture (coating) RRRR X X
65 Metal Coil (coating) SSSS X X
66 Leather Tanning & Finishing TTTT X X
67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X X
68 Boat Manufacturing VVVV X X
69 Reinforced Plastic Composites WWWW X X
70 Rubber Tire Mfg XXXX X X
71 Stationary Combustion Turbines YYYY X X
72 Reciprocating Int. Combustion Engines ZZZZ X X
    Area Source Requirements >>. X
73 Lime Manufacturing AAAAA X X
74 Semiconductor Production BBBBB X X
75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X X
76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07. DDDDD
77 Iron Foundries EEEEE X X
78 Integrated Iron & Steel FFFFF X X
79 Site Remediation GGGGG X X
80 Misc. Coating Manufacturing HHHHH X X
81 Mercury Cell Chlor-Alkali IIIII X X
82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ
83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK
84 Asphalt Roofing & Processing LLLLL X X
85 Flex. Polyurethane Foam Fabrication MMMMM X X
86 Hydrochloric Acid Prod/Fumed Silica NNNNN X X
87 Engine & Rocket Test Facilities PPPPP X X
88 Friction Materials Manufacturing QQQQQ X X
89 Taconite Iron Ore RRRRR X X
90 Refactories SSSSS X X
91 Primary Magnesium TTTTT X X
Ares Source Rules
92 Hospital Sterilizers WWWWW X
93 Electric Arc Furnaces Stainless and Nonstainless Steel Mfg YYYYY X
94 Iron & Steel foundries ZZZZZ X
95 Gasoline Distribution—Bulk BBBBBB X
96 Gasoline Dispensing Facilities CCCCCC X
97 PVC & Copolymers Prod DDDDDD X
98 Primary Copper EEEEEE X
99 Secondary Copper Smelting FFFFFF X
100 Primary Nonferrous Metals Paint Stripping GGGGGG X
101 Auto-Body Refinishing Plastic Parts & Prod. (coating) HHHHHH X
102 Acrylic/Modacrylic Fibers Prod LLLLLL X
103 Carbon Black Prod MMMMMM X
104 Chemical Mfg. Chrom Flex. Polyurethane Foam Fab NNNNNN X
105 Flex. Polyurethane Foam Prod OOOOOO X
106 Lead Acid Battery Mfg PPPPPP X
107 Wood Preserving QQQQQQ X
108 Clay Ceramics Mfg RRRRRR
109 Glass Mfg SSSSSS
110 Secondary Nonferrous Metals TTTTTT
111 Plating and Polishing WWWWWW
112 Hearing Eq. Mfg XXXXXX
    Industrial Mach. & Eq. Finishing
    Elect. & Electronics Eq. Finishing
    Fabricated Metal Prod
    Fabricated Plate Work (Boiler Shop)
    Fabricated Structural Metal Mfg
    Iron and Steel Forging
    Primary Metals Prod. Mfg
    Valves and Pipe Fittings Mfg
    Ferroalloys Production
113 Ferro/Silico Manganese YYYYYY

1State program approved on October 31, 2001. Delegation table last updated on April 1, 2009.

2Kentucky Department for Environmental Protection.

3Louisville Air Pollution Control District.

(ii) [Reserved]

(19) Louisiana.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Louisiana Department of Environmental Quality 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. Any amendments made to these rules after July 1, 2013, are not delegated.

Delegation Status for Part 63 Standards—State of Louisiana

[Excluding Indian Country]

Open Table
Subpart Source category LDEQ1 2
A General Provisions X
D Early Reductions X
F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X
G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X
H HON—Equipment Leaks X
I HON—Certain Processes Negotiated Equipment Leak Regulation X
J Polyvinyl Chloride and Copolymers Production (3)
K (Reserved)
L Coke Oven Batteries X
M Perchloroethylene Dry Cleaning X
N Chromium Electroplating and Chromium Anodizing Tanks X
O Ethylene Oxide Sterilizers X
P (Reserved)
Q Industrial Process Cooling Towers X
R Gasoline Distribution X
S Pulp and Paper Industry X
T Halogenated Solvent Cleaning X
U Group I Polymers and Resins X
V (Reserved)
W Epoxy Resins Production and Non-Nylon Polyamides Production X
X Secondary Lead Smelting X
Y Marine Tank Vessel Loading X
Z (Reserved)
AA Phosphoric Acid Manufacturing Plants X
BB Phosphate Fertilizers Production Plants X
CC Petroleum Refineries X
DD Off-Site Waste and Recovery Operations X
EE Magnetic Tape Manufacturing X
FF (Reserved)
GG Aerospace Manufacturing and Rework Facilities X
HH Oil and Natural Gas Production Facilities X
II Shipbuilding and Ship Repair Facilities X
JJ Wood Furniture Manufacturing Operations X
KK Printing and Publishing Industry X
LL Primary Aluminum Reduction Plants X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X
NN (Reserved)
OO Tanks-Level 1 X
PP Containers X
QQ Surface Impoundments X
RR Individual Drain Systems X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X
TT Equipment Leaks—Control Level 1 X
UU Equipment Leaks—Control Level 2 Standards X
VV Oil—Water Separators and Organic—Water Separators X
WW Storage Vessels (Tanks)—Control Level 2 X
XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X
YY Generic Maximum Achievable Control Technology Standards X
ZZ-BBB (Reserved)
CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X
DDD Mineral Wool Production X
EEE Hazardous Waste Combustors X
FFF (Reserved)
GGG Pharmaceuticals Production X
HHH Natural Gas Transmission and Storage Facilities X
III Flexible Polyurethane Foam Production X
JJJ Group IV Polymers and Resins X
KKK (Reserved)
LLL Portland Cement Manufacturing X
MMM Pesticide Active Ingredient Production X
NNN Wool Fiberglass Manufacturing X
OOO Amino/Phenolic Resins X
PPP Polyether Polyols Production X
QQQ Primary Copper Smelting X
RRR Secondary Aluminum Production X
SSS (Reserved)
TTT Primary Lead Smelting X
UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X
VVV Publicly Owned Treatment Works (POTW) X
WWW (Reserved)
XXX Ferroalloys Production: Ferromanganese and Silicomanganese X
AAAA Municipal Solid Waste Landfills X
CCCC Nutritional Yeast Manufacturing X
DDDD Plywood and Composite Wood Products 4X  
EEEE °Organic Liquids Distribution X
FFFF Misc. Organic Chemical Production and Processes (MON) X
GGGG Solvent Extraction for Vegetable Oil Production X
HHHH Wet Formed Fiberglass Mat Production X
IIII Auto & Light Duty Truck (Surface Coating) X
JJJJ Paper and other Web (Surface Coating) X
KKKK Metal Can (Surface Coating) X
MMMM Misc. Metal Parts and Products (Surface Coating) X
NNNN Surface Coating of Large Appliances X
OOOO Fabric Printing Coating and Dyeing X
PPPP Plastic Parts (Surface Coating) X
QQQQ Surface Coating of Wood Building Products X
RRRR Surface Coating of Metal Furniture X
SSSS Surface Coating for Metal Coil X
TTTT Leather Finishing Operations X
UUUU Cellulose Production Manufacture X
VVVV Boat Manufacturing X
WWWW Reinforced Plastic Composites Production X
XXXX Rubber Tire Manufacturing X
YYYY Combustion Turbines X
ZZZZ Reciprocating Internal Combustion Engines (RICE) X
AAAAA Lime Manufacturing Plants X
BBBBB Semiconductor Manufacturing X
CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X
DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters 5X  
EEEEE Iron Foundries X
FFFFF Integrated Iron and Steel X
GGGGG Site Remediation X
HHHHH Miscellaneous Coating Manufacturing X
IIIII Mercury Cell Chlor-Alkali Plants X
JJJJJ Brick and Structural Clay Products Manufacturing (6)
KKKKK Clay Ceramics Manufacturing (6)
LLLLL Asphalt Roofing and Processing X
MMMMM Flexible Polyurethane Foam Fabrication Operation X
NNNNN Hydrochloric Acid Production, Fumed Silica Production X
OOOOO (Reserved)
PPPPP Engine Test Facilities X
QQQQQ Friction Products Manufacturing X
RRRRR Taconite Iron Ore Processing X
SSSSS Refractory Products Manufacture X
TTTTT Primary Magnesium Refining X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units 7X  
VVVVV (Reserved)
WWWWW Hospital Ethylene Oxide Sterilizers X
XXXXX (Reserved)
YYYYY Electric Arc Furnace Steelmaking Area Sources X
ZZZZZ Iron and Steel Foundries Area Sources X
AAAAAA (Reserved)
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X
CCCCCC Gasoline Dispensing Facilities X
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X
EEEEEE Primary Copper Smelting Area Sources X
FFFFFF Secondary Copper Smelting Area Sources X
GGGGGG Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X
IIIIII (Reserved)
JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X
KKKKKK (Reserved)
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X
MMMMMM Carbon Black Production Area Sources X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X
PPPPPP Lead Acid Battery Manufacturing Area Sources X
QQQQQQ Wood Preserving Area Sources X
RRRRRR Clay Ceramics Manufacturing Area Sources X
SSSSSS Glass Manufacturing Area Sources X
TTTTTT Secondary Nonferrous Metals Processing Area Sources X
UUUUUU (Reserved)
VVVVVV Chemical Manufacturing Area Sources X
WWWWWW Plating and Polishing Operations Area Sources X
XXXXXX Metal Fabrication and Finishing Area Sources X
YYYYYY Ferroalloys Production Facilities Area Sources X
ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources X
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources X
BBBBBBB Chemical Preparation Industry Area Sources X
CCCCCCC Paints and Allied Products Manufacturing Area Sources X
DDDDDDD Prepared Feeds Areas Sources X
EEEEEEE Gold Mine Ore Processing and Production Area Sources X
FFFFFFF-GGGGGGG (Reserved)
HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X

1Authorities 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.

2Program delegated to Louisiana Department of Environmental Quality (LDEQ) for standards promulgated by EPA, as amended in the Federal Register through July 1, 2013.

3The LDEQ was previously delegated this subpart on March 26, 2004 (69 FR 15687). The LDEQ has adopted the subpart unchanged and applied for delegation of the standard. The 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 D.C. Court's holding this subpart is not delegated to LDEQ at this time.

4This 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.

5Final rule. See 78 FR 7138 (January 31, 2013).

6This subpart was vacated and remanded to EPA by the United States Court of Appeals for the District of Columbia Circuit on March 13, 2007. See, Sierra Club v. EPA, 479 F. 3d 875 (D.C. Cir. 2007). Because of the D.C. Court's holding this subpart is not delegated to LDEQ at this time.

7Initial Final Rule on February 16, 2012 (77 FR 9304). Final on reconsideration of certain new source issues on April 24, 2013 (78 FR 24073). Portions of this subpart are in proposed reconsideration pending final action on June 25, 2013 (78 FR 38001).

(20) Maine.

(i) [Reserved]

(ii) Maine Department of Environmental Protection (ME DEP) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Lincoln Pulp and Paper, located in Lincoln, Maine, for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon ME DEP including, in title V permits, terms and conditions that are no less stringent than the federal standard and have been approved by EPA. 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.

(iii) Affected area sources within Maine must comply with the Maine Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(20)(iii)(A) of this section:

(A) The material incorporated into the Maine Department of Environmental Protection regulations at Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of June 2, 1991, last amended on June 24, 2009, pertaining to dry cleaning facilities in the State of Maine jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in §63.320(h).

(1) Authorities not delegated.

(i) Maine is not delegated the Administrator's authority to implement and enforce Maine regulations at Chapter 125, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in §63.320(g).

(ii) Maine is not delegated the Administrator's authority to implement and enforce Maine regulations at Chapter 125, in lieu of those provisions of subpart M of this part which apply to dry cleaning systems installed in a building with a residence between July 13, 2006 and June 24, 2009, as defined in §§63.320(b)(2)(i) and 63.322(o)(4).

(2) [Reserved]

(B) [Reserved]

(21) Maryland.

(i) Maryland is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Maryland Department of the Environment, dated November 3, 1999, and any mutually acceptable amendments to that agreement.

(ii) Maryland is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Maryland Department of the Environment and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(iii) EPA has granted the Maryland Department of the Environment (MDE) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the MDE may establish and enforce alternative State requirements for MeadWestvaco Company's Luke Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills found at 40 CFR part 63, subpart MM. The MDE may only establish alternative requirements for the Luke Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The MDE must, in order to establish alternative requirements for the Luke Mill under its EPA approved EBP program: submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and issue a CAA Title V permit for the Luke Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the MDE has issued a final CAA Title V permit incorporating them, MeadWestvaco Company's Luke Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart MM.

(22) Massachusetts.

(i) [Reserved]

(ii) Affected area sources within Massachusetts must comply with the Massachusetts Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(22)(ii)(A) of this section:

(A) The material incorporated into the Massachusetts Department of Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, Environmental Results Program Certification, effective as of December 28, 2007, pertaining to dry cleaning facilities in the Commonwealth of Massachusetts jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in §63.320(h).

(1) Authorities not delegated.

(i) Massachusetts is not delegated the Administrator's authority to implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16) and 310 CMR 70.00, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in §63.320(g).

(ii) Massachusetts is not delegated the Administrator's authority to implement and enforce Massachusetts regulations at 310 CMR 7.26(10)-(16) and 310 CMR 70.00, in lieu of those provisions of subpart M of this part which apply to dry cleaning systems installed in a building with a residence between December 21, 2005 and July 13, 2006, as defined in §§63.320(b)(2)(ii) and 63.322(o)(5)(i)-(ii).

(B) [Reserved]

(23)-(24) [Reserved]

(25) Mississippi.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Mississippi Department of Environmental Quality (MDEQ) 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—Mississippi1

Open Table
    Source category Subpart MDEQ
1 HON F, G, H, I X
2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J
3 Coke Ovens L X
4 Dry Cleaners M X
5 Chromium Electroplating N X
6 EtO Commercial Sterilization O X
7 Chromium Cooling Towers Q X
8 Gasoline Distribution (stage 1) R X
9 Pulp & Paper I S X
10 Halogenated Solvent Cleaning T X
11 Polymer & Resins 1 U X
12 Polymer & Resins 2 W X
13 Secondary Lead Smelters X X
14 Marine Tank Vessel Loading Y X
15 Phosphoric Acid Mfg AA X
16 Phosphate Fertilizers Prod BB X
17 Petroleum Refineries CC X
18 Offsite Waste & Recovery DD X
    Tanks; Level 1 OO X
    Containers PP X
    Surface Impoundments QQ X
    Drain Systems RR X
    Oil-Water Separators VV X
19 Magnetic Tape EE X
20 Aerospace Industry GG X
21 Oil & Natural Gas Prod HH X
    Area Source Requirements >>.
22 Shipbuilding and Repair II X
23 Wood Furniture Mfg JJ X
24 Printing & Publishing KK X
25 Primary Aluminum LL X
26 Pulp & Paper II (Combustion sources) MM X
27 Generic MACT:
    Control Devices SS X
    Eq. Leaks—Level 1 TT X
    Eq. Leaks—Level 2 UU X
    Tanks—Level 2 WW X
28 Generic MACT:
    Ethylene Mfg XX & YY X
    Carbon Black YY X
    Spandex Prod YY X
    Cyanide Chemical Mfg YY X
    Acetal Resins YY X
    Acrylic/Modacrylic Fibers YY X
    Hydrogen Fluoride Prod YY X
    Polycarbonates Prod YY X
29 Steel Pickeling CCC X
30 Mineral Wool Prod DDD X
31 Hazardous Waste Combustion (Phase I) EEE X
32 Boilers that burn Haz. Waste (Phase II) EEE X
33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X
34 Pharmaceutical Prod GGG X
35 Nat. Gas Transmission & Storage HHH X
36 Flexible Polyurethane Foam Prod III X
37 Polymer & Resins 4 JJJ X
38 Portland Cement LLL X
39 Pesticide Active Ingredients MMM X
40 Wool Fiberglass NNN X
41 Polymer & Resins 3 (Amino & Phenolic) OOO X
42 Polyether Polyols Prod PPP X
43 Primary Copper QQQ X
44 Secondary Aluminum Prod RRR X
45 Primary Lead Smelting TTT X
46 Petro Refineries (FCC units) UUU X
47 POTW VVV X
48 Ferroalloys XXX X
49 Municipal Landfills AAAA X
50 Nutritional Yeast CCCC X
51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X
52 Organic Liquids Distribution (non-gas) EEEE X
53 Misc. Organic NESHAP FFFF X
54 Vegetable Oil GGGG X
55 Wet Formed Fiberglass HHHH X
56 Auto & Light Duty Truck (coating) IIII X
57 Paper & Other Webs JJJJ X
58 Metal Can (coating) KKKK X
59 Misc. Metal Parts (coating) MMMM X
60 Large Appliances (coating) NNNN X
61 Printing, Coating, & Dyeing Fabrics OOOO X
62 Plastic Parts & Products (coating) PPPP X
63 Wood Building Products QQQQ X
64 Metal Furniture (coating) RRRR X
65 Metal Coil (coating) SSSS X
66 Leather Tanning & Finishing TTTT X
67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X
68 Boat Manufacturing VVVV X
69 Reinforced Plastic Composites WWWW X
70 Rubber Tire Mfg XXXX X
71 Stationary Combustion Turbines YYYY X
72 Reciprocating Int. Combustion Engines ZZZZ X
    Area Source Requirements >>.
73 Lime Manufacturing AAAAA X
74 Semiconductor Production BBBBB X
75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X
76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD
77 Iron Foundries EEEEE X
78 Integrated Iron & Steel FFFFF X
79 Site Remediation GGGGG X
80 Misc. Coating Manufacturing HHHHH X
81 Mercury Cell Chlor-Alkali IIIII X
82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ
83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK
84 Asphalt Roofing & Processing LLLLL X
85 Flex. Polyurethane Foam Fabrication MMMMM X
86 Hydrochloric Acid Prod/Fumed Silica NNNNN X
87 Engine & Rocket Test Facilities PPPPP X
88 Friction Materials Manufacturing QQQQQ X
89 Taconite Iron Ore RRRRR X
90 Refactories SSSSS X
91 Primary Magnesium TTTTT X
Area Source Rules
92 Hospital Sterilizers WWWWW X
93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY X
94 Iron & Steel foundries ZZZZZ X
95 Gasoline Distribution—Bulk BBBBBB X
96 Gasoline Dispensing Facilities CCCCCC X
97 PVC & Copolymers Prod. DDDDDD X
98 Primary Copper EEEEEE X
99 Secondary Copper Smelting FFFFFF X
100 Primary Nonferrous Metals GGGGGG X
    Paint Stripping
101 Auto-Body Refinishing HHHHHH
    Plastic Parts & Prod. (coating)
102 Acrylic/Modacrylic Fibers Prod LLLLLL X
103 Carbon Black Prod MMMMMM X
104 Chemical Mfg. Chrom NNNNNN X
    Flex. Polyurethane Foam Fab
105 Flex. Polyurethane Foam Prod OOOOOO X
106 Lead Acid Battery Mfg. PPPPPP X
107 Wood Preserving QQQQQQ X
108 Clay Ceramics Mfg RRRRRR X
109 Glass Mfg SSSSSS X
110 Secondary Nonferrous Metals TTTTTT X
110 Plating and Polishing WWWWWW X
112 Heating Eq. Mfg XXXXXX X
    Industrial Mach. & Eq. Finishing
    Elect. & Electronics Eq. Finishing
    Fabricated Metal Prod
    Fabricated Plate Work (Boiler Shop)
    Fabricated Structural Metal Mfg
    Iron and Steel Forging
    Primary Metals Prod. Mfg
    Valves and Pipe Fittings Mfg
113 Ferroalloys Production
Ferro/Silico Manganese
YYYYYY

1State program approved on December 28, 1994. Delegation table last updated on November 3, 2008.

(ii) [Reserved]

(26)-(28) [Reserved]

(29) Nevada.

(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 Nevada. The (X) symbol is used to indicate each category that has been delegated.

Table 11 to Paragraph (a)(29)(i)—Delegation Status for Part 63 Standards—Nevada

Open Table
Subpart Description NDEP1 Washoe2 Clark3
A General Provisions X X X
F Synthetic Organic Chemical Manufacturing Industry X X
G Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater X X
H Organic Hazardous Air Pollutants: Equipment Leaks X X
I Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks X X
J Polyvinyl Chloride and Copolymers Production X X
L Coke Oven Batteries X X
M Perchloroethylene Dry Cleaning X X X
N Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X X X
O Ethylene Oxide Sterilization Facilities X X X
Q Industrial Process Cooling Towers X X
R Gasoline Distribution Facilities X X X
S Pulp and Paper X X
T Halogenated Solvent Cleaning X X X
U Group I Polymers and Resins X X
W Epoxy Resins Production and Non-Nylon Polyamides Production X X
X Secondary Lead Smelting X X
Y Marine Tank Vessel Loading Operations X
AA Phosphoric Acid Manufacturing Plants X
BB Phosphate Fertilizers Production Plants X
CC Petroleum Refineries X X
DD Off-Site Waste and Recovery Operations X
EE Magnetic Tape Manufacturing Operations X X
GG Aerospace Manufacturing and Rework Facilities X
HH Oil and Natural Gas Production Facilities X X
II Shipbuilding and Ship Repair (Surface Coating) X X
JJ Wood Furniture Manufacturing Operations X X
KK Printing and Publishing Industry X X X
LL Primary Aluminum Reduction Plants X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X
OO Tanks—Level 1 X X
PP Containers X X
QQ Surface Impoundments X X
RR Individual Drain Systems X X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X X
TT Equipment Leaks—Control Level 1 X X
UU Equipment Leaks—Control Level 2 X X
VV Oil-Water Separators and Organic-Water Separators X X
WW Storage Vessels (Tanks)—Control Level 2 X X
XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X X
YY Generic MACT Standards X X
CCC Steel Pickling X X
DDD Mineral Wool Production X
EEE Hazardous Waste Combustors X X
GGG Pharmaceuticals Production X X
HHH Natural Gas Transmission and Storage Facilities X X
III Flexible Polyurethane Foam Production X X
JJJ Group IV Polymers and Resins X X
LLL Portland Cement Manufacturing Industry X X
MMM Pesticide Active Ingredient Production X X
NNN Wool Fiberglass Manufacturing X
OOO Manufacture of Amino/Phenolic Resins X X
PPP Polyether Polyols Production X X
QQQ Primary Copper Smelting X X
RRR Secondary Aluminum Production X
TTT Primary Lead Smelting X X
UUU Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units X X
VVV Publicly Owned Treatment Works X X X
XXX Ferroalloys Production X
AAAA Municipal Solid Waste Landfills X X
CCCC Manufacturing of Nutritional Yeast X
DDDD Plywood and Composite Wood Products X X
EEEE Organic Liquids Distribution (non-gasoline) X X X
FFFF Miscellaneous Organic Chemical Manufacturing X X
GGGG Solvent Extraction for Vegetable Oil Production X X
HHHH Wet-Formed Fiberglass Mat Production X X
IIII Surface Coating of Automobiles and Light-Duty Trucks X X
JJJJ Paper and Other Web Coating X X
KKKK Surface Coating of Metal Cans X X
MMMM Miscellaneous Metal Parts and Products X X
NNNN Large Appliances X X
OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X X
PPPP Surface Coating of Plastic Parts and Products X X
QQQQ Wood Building Products X X
RRRR Surface Coating of Metal Furniture X X
SSSS Surface Coating of Metal Coil X X
TTTT Leather Finishing Operations X X
UUUU Cellulose Products Manufacturing X X
VVVV Boat Manufacturing X X
WWWW Reinforced Plastics Composites Production X X X
XXXX Tire Manufacturing X X
YYYY Stationary Combustion Turbines X X
ZZZZ Stationary Reciprocating Internal Combustion Engines X X X
AAAAA Lime Manufacturing Plants X X
BBBBB Semiconductor Manufacturing X X
CCCCC Coke Oven: Pushing, Quenching and Battery Stacks X X
DDDDD Industrial, Commercial, and Institutional Boiler and Process Heaters X X
EEEEE Iron and Steel Foundries X X
FFFFF Integrated Iron and Steel X X
GGGGG Site Remediation X X
HHHHH Miscellaneous Coating Manufacturing X X
IIIII Mercury Emissions from Mercury Cell Chlor-Alkali Plants X
JJJJJ Brick and Structural Clay Products Manufacturing X X
KKKKK Clay Ceramics Manufacturing X X
LLLLL Asphalt Roofing and Processing X X
MMMMM Flexible Polyurethane Foam Fabrication Operation X X
NNNNN Hydrochloric Acid Production X X
PPPPP Engine Test Cells/Stands X X
QQQQQ Friction Products Manufacturing X X
RRRRR Taconite Iron Ore Processing X
SSSSS Refractory Products Manufacturing X X
TTTTT Primary Magnesium Refining X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X
WWWWW Hospital Ethylene Oxide Sterilizers X X X
YYYYY Electric Arc Furnace Steelmaking Facilities (area sources) X
ZZZZZ Iron and Steel Foundries Area Sources X X
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities X X X
CCCCCC Gasoline Dispensing Facilities X X X
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X X
EEEEEE Primary Copper Smelting Area Sources X X
FFFFFF Secondary Copper Smelting Area Sources X X
GGGGGG Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium X X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X X X
JJJJJJ Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources X
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X X
MMMMMM Carbon Black Production Area Sources X X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X X X
PPPPPP Lead Acid Battery Manufacturing Area Sources X X
QQQQQQ Wood Preserving Area Sources X X
RRRRRR Clay Ceramics Manufacturing Area Sources X X
SSSSSS Glass Manufacturing Area Sources X X
TTTTTT Secondary Nonferrous Metals Processing Area Sources X X
VVVVVV Chemical Manufacturing Industry—Area Sources X X
WWWWWW Area Source Standards for Plating and Polishing Operations X X X
XXXXXX Area Source Standards for Nine Metal Fabrication and Finishing Source Categories X X X
YYYYYY Area Sources: Ferroalloys Production Facilities X
ZZZZZZ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries X X
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources X X
BBBBBBB Chemical Preparations Industry—Area Sources X X
CCCCCCC Paint and Allied Products Manufacturing—Area Sources X X
DDDDDDD Prepared Feeds Manufacturing—Area Sources X
EEEEEEE Gold Mine Ore Processing and Production—Area Sources X X

1Nevada Division of Environmental Protection.

2Washoe County District Health Department, Air Quality Management Division.

3Clark County, Department of Air Quality.

(ii) [Reserved]

(30) New Hampshire.

(i) New Hampshire is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards in accordance with the delegation procedures in Attachment II of the delegation request letter dated May 9, 2002 submitted by NH DES to EPA and any mutually acceptable amendments to those delegation procedures.

(ii) New Hampshire Department of Environmental Services (NH DES) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Groveton Paper Board Inc. of Groveton, NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and subpart MM—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This action is contingent upon NH DES including, in title V permits, terms and conditions that are no less stringent than the Federal standard and have been approved by EPA. 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.

(iii) Affected inactive waste disposal sites not operated after July 9, 1981 within New Hampshire must comply with New Hampshire Regulations Chapter Env-Sw 2100: Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective February 16, 2010 (incorporated by reference, see §63.14) as described in paragraph (a)(30)(iii)(A) of this section:

(A) The material incorporated by reference from Chapter Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, pertains to inactive waste disposal sites not operated after July 9, 1981 in the State of New Hampshire's jurisdiction, and has been approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR 61.151).

(B) [Reserved]

(iv) Affected asbestos facilities (i.e., facilities found under 40 CFR part 61, subpart M, except those listed under paragraph (a)(30)(iii)) of this section) must comply with the New Hampshire Code of Administrative Rules, Chapter Env-A 1800, Asbestos Management and Control, effective as of May 5, 2017 (incorporated by reference as specified in §63.14) as described in paragraph (a)(30)(iv)(A) of this section:

(A) The material incorporated by reference from Chapter Env-A 1800, Asbestos Management and Control, pertains to those affected sources in the State of New Hampshire's jurisdiction, and has been approved under the procedures in §63.93 to be implemented and enforced in place of the federal NESHAPs found at 40 CFR part 61, subpart M (except those listed under paragraph (a)(30)(iii) of this section).

(B) [Reserved]

(31) New Jersey.

(i) Affected sources must comply with the Toxic Catastrophe Prevention Act Program (TCPA), (July 20, 1998), (incorporated by reference as specified in §63.14) as described in paragraph (a)(31)(i)(A) of this section:

(A) Except for authorities identified as not being delegated, the regulations incorporated in New Jersey's “Toxic Catastrophe Prevention Act Program,” Title 7, Chapter 31, of the New Jersey Administrative Code: Subchapter 1, “General Provisions” (sections 1.1 to 1.10 except for the definition of “What if Checklist”), Subchapter 2, “Hazard Assessment,” Subchapter 3, “Minimum Requirements for a Program 2 TCPA Risk Management Program,” Subchapter 4, “Minimum Requirements for a Program 3 TCPA Risk Management Program,” Subchapter 5, “Emergency Response,” Subchapter 6, “Extraordinarily Hazardous Substances,” Subchapter 7, “Risk Management Plan and TCPA Submission,” and Subchapter 8, “Other Federal Requirements,” (effective July 20, 1998), pertain to the sources affected by 40 CFR part 68 and have been approved under the procedures in §§63.91, 63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68, Subparts A through H, as may be amended.

(1) Authorities not delegated:

(i) The New Jersey Department of Environmental Protection is not delegated the Administrator's authority to implement and enforce New Jersey's Toxic Catastrophe Prevention Act Program, Title 7, Chapter 31, of the New Jersey Administrative Code, in lieu of the provisions of 40 CFR part 68 as they apply to the regulation of processes that are covered only because they contain regulated quantities of liquid petroleum gases (LPG) regulated under the New Jersey Liquified Petroleum Gas Act of 1950 (N.J.S.A. 21:1B),

(ii) Pursuant to §63.90(c) the New Jersey Department of Environmental Protection is not delegated the Administrator's authority to add or delete substances from the list of substances established under section 112(r) and set forth in 40 CFR 68.130.

(32) New Mexico.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the New Mexico Environment Department 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 and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after January 15, 2017 are not delegated.

Delegation Status for Part 63 Standards—State of New Mexico

[Excluding Indian Country]

Open Table
Subpart Source category NMED1 2 ABCAQCB1 3
A General Provisions X X
D Early Reductions X X
F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X X
G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X X
H HON—Equipment Leaks X X
I HON—Certain Processes Negotiated Equipment Leak Regulation X X
J Polyvinyl Chloride and Copolymers Production (4) (4)
K (Reserved)
L Coke Oven Batteries X X
M Perchloroethylene Dry Cleaning X X
N Chromium Electroplating and Chromium Anodizing Tanks X X
O Ethylene Oxide Sterilizers X X
P (Reserved)
Q Industrial Process Cooling Towers X X
R Gasoline Distribution X X
S Pulp and Paper Industry X X
T Halogenated Solvent Cleaning X X
U Group I Polymers and Resins X X
V (Reserved)
W Epoxy Resins Production and Non-Nylon Polyamides Production X X
X Secondary Lead Smelting X X
Y Marine Tank Vessel Loading X X
Z (Reserved)
AA Phosphoric Acid Manufacturing Plants X X
BB Phosphate Fertilizers Production Plants X X
CC Petroleum Refineries X X
DD Off-Site Waste and Recovery Operations X X
EE Magnetic Tape Manufacturing X X
FF (Reserved)
GG Aerospace Manufacturing and Rework Facilities X X
HH Oil and Natural Gas Production Facilities X X
II Shipbuilding and Ship Repair Facilities X X
JJ Wood Furniture Manufacturing Operations X X
KK Printing and Publishing Industry X X
LL Primary Aluminum Reduction Plants X X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X X
NN Wool Fiberglass Manufacturing Area Sources X
OO Tanks-Level 1 X X
PP Containers X X
QQ Surface Impoundments X X
RR Individual Drain Systems X X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X X
TT Equipment Leaks—Control Level 1 X X
UU Equipment Leaks—Control Level 2 Standards X X
VV Oil—Water Separators and Organic—Water Separators X X
WW Storage Vessels (Tanks)—Control Level 2 X X
XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X X
YY Generic Maximum Achievable Control Technology Standards X X
ZZ-BBB (Reserved)
CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X X
DDD Mineral Wool Production X X
EEE Hazardous Waste Combustors X X
FFF (Reserved)
GGG Pharmaceuticals Production X X
HHH Natural Gas Transmission and Storage Facilities X X
III Flexible Polyurethane Foam Production X X
JJJ Group IV Polymers and Resins X X
KKK (Reserved)
LLL Portland Cement Manufacturing X X
MMM Pesticide Active Ingredient Production X X
NNN Wool Fiberglass Manufacturing X X
OOO Amino/Phenolic Resins X X
PPP Polyether Polyols Production X X
QQQ Primary Copper Smelting X X
RRR Secondary Aluminum Production X X
SSS (Reserved)
TTT Primary Lead Smelting X X
UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X X
VVV Publicly Owned Treatment Works (POTW) X X
WWW (Reserved)
XXX Ferroalloys Production: Ferromanganese and Silicomanganese X X
AAAA Municipal Solid Waste Landfills X X
CCCC Nutritional Yeast Manufacturing X X
DDDD Plywood and Composite Wood Products X5 X5
EEEE Organic Liquids Distribution X X
FFFF Misc. Organic Chemical Production and Processes (MON) X X
GGGG Solvent Extraction for Vegetable Oil Production X X
HHHH Wet Formed Fiberglass Mat Production X X
IIII Auto and Light Duty Truck (Surface Coating) X X
JJJJ Paper and other Web (Surface Coating) X X
KKKK Metal Can (Surface Coating) X X
MMMM Misc. Metal Parts and Products (Surface Coating) X X
NNNN Surface Coating of Large Appliances X X
OOOO Fabric Printing Coating and Dyeing X X
PPPP Plastic Parts (Surface Coating) X X
QQQQ Surface Coating of Wood Building Products X X
RRRR Surface Coating of Metal Furniture X X
SSSS Surface Coating for Metal Coil X X
TTTT Leather Finishing Operations X X
UUUU Cellulose Production Manufacture X X
VVVV Boat Manufacturing X X
WWWW Reinforced Plastic Composites Production X X
XXXX Rubber Tire Manufacturing X X
YYYY Combustion Turbines X X
ZZZZ Reciprocating Internal Combustion Engines (RICE) X X
AAAAA Lime Manufacturing Plants X X
BBBBB Semiconductor Manufacturing X X
CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X X
DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters X6 X6
EEEEE Iron Foundries X X
FFFFF Integrated Iron and Steel X X
GGGGG Site Remediation X X
HHHHH Miscellaneous Coating Manufacturing X X
IIIII Mercury Cell Chlor-Alkali Plants X X
JJJJJ Brick and Structural Clay Products Manufacturing X7 (7)
KKKKK Clay Ceramics Manufacturing X7 (7)
LLLLL Asphalt Roofing and Processing X X
MMMMM Flexible Polyurethane Foam Fabrication Operation X X
NNNNN Hydrochloric Acid Production, Fumed Silica Production X X
OOOOO (Reserved)
PPPPP Engine Test Facilities X X
QQQQQ Friction Products Manufacturing X X
RRRRR Taconite Iron Ore Processing X X
SSSSS Refractory Products Manufacture X X
TTTTT Primary Magnesium Refining X X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X8 X8
VVVVV (Reserved)
WWWWW Hospital Ethylene Oxide Sterilizers X X
XXXXX (Reserved)
YYYYY Electric Arc Furnace Steelmaking Area Sources X X
ZZZZZ Iron and Steel Foundries Area Sources X X
AAAAAA (Reserved)
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X X
CCCCCC Gasoline Dispensing Facilities X X
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X X
EEEEEE Primary Copper Smelting Area Sources X X
FFFFFF Secondary Copper Smelting Area Sources X X
GGGGGG Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium X X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X X
IIIIII (Reserved)
JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X X
KKKKKK (Reserved)
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X X
MMMMMM Carbon Black Production Area Sources X X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X X
PPPPPP Lead Acid Battery Manufacturing Area Sources X X
QQQQQQ Wood Preserving Area Sources X X
RRRRRR Clay Ceramics Manufacturing Area Sources X X
SSSSSS Glass Manufacturing Area Sources X X
TTTTTT Secondary Nonferrous Metals Processing Area Sources X X
UUUUUU (Reserved)
VVVVVV Chemical Manufacturing Area Sources X X
WWWWWW Plating and Polishing Operations Area Sources X X
XXXXXX Metal Fabrication and Finishing Area Sources X X
YYYYYY Ferroalloys Production Facilities Area Sources X X
ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources X X
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources X X
BBBBBBB Chemical Preparation Industry Area Sources X X
CCCCCCC Paints and Allied Products Manufacturing Area Sources X X
DDDDDDD Prepared Feeds Areas Sources X X
EEEEEEE Gold Mine Ore Processing and Production Area Sources X X
FFFFFFF—GGGGGGG (Reserved)
HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X X

1Authorities 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.

2Program delegated to New Mexico Environment Department (NMED) for standards promulgated by the EPA, as amended in the Federal Register through January 15, 2017.

3Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB) for standards promulgated by the EPA, as amended in the Federal Register through September 13, 2013.

4The NMED was previously delegated this subpart on February 9, 2004 (68 FR 69036). The ABCAQCB has adopted the subpart unchanged and applied for delegation of the standard. The subpart was vacated and remanded to the 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 D.C. Court's holding this subpart is not delegated to NMED or ABCAQCB at this time.

5This subpart was issued a partial vacatur by the United States Court of Appeals for the District of Columbia Circuit. See 72 FR 61060 (October 29, 2007).

6Final Rule. See 76 FR (March 21, 2011), as amended at 78 FR 7138 (January 31, 2013); 80 FR 72807 (November 20, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.

7Final Promulgated Rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015). Note that the ABCAQCB has not yet applied for updated delegation of these standards.

8Final 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 HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016). Note that the ABCAQCB has not yet applied for updated delegation of these standards.

(ii)[Reserved]

(33) [Reserved]

(34) North Carolina.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the North Carolina Department of Environment and Natural Resources (NCDENR) 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—North Carolina1

Open Table
Source category Subpart NCDENR FCEAD2 MCDEP3 WNC4
HON F, G, H, I X X X X
Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J
Coke Ovens L X X X X
Dry Cleaners M X X X X
Chromium Electroplating N X X X X
EtO Commercial Sterilization O X X X X
Chromium Cooling Towers Q X X X X
Gasoline Distribution (stage 1) R X X X X
Pulp & Paper I S X X X X
Halogenated Solvent Cleaning T X X X X
Polymer & Resins 1 U X X X X
Polymer & Resins 2 W X X X X
Secondary Lead Smelters X X X X X
Marine Tank Vessel Loading Y X X X X
Phosphoric Acid Mfg AA X X X X
Phosphate Fertilizers Prod BB X X X X
Petroleum Refineries CC X X X X
Offsite Waste & Recovery DD X X X X
Tanks; Level 1 OO X X X X
Containers PP X X X X
Surface Impoundments QQ X X X X
Drain Systems RR X X X X
Oil-Water Separators VV X X X X
Magnetic Tape EE X X X X
Aerospace Industry GG X X X X
Oil & Natural Gas Prod HH X X X X
    Area Source Requirements >>.
Shipbuilding and Repair II X X X X
Wood Furniture Mfg JJ X X X X
Printing & Publishing KK X X X X
Primary Aluminum LL X X X X
Pulp & Paper II (Combustion sources) MM X X X X
Generic MACT
Control Devices SS X X X X
Eq. Leaks—Level 1 TT X X X X
Eq. Leaks—Level 2 UU X X X X
Tanks—Level 2 WW X X X X
Generic MACT
Ethylene Mfg XX & YY X X X X
Carbon Black YY X X X X
Spandex Prod YY X X X X
Cyanide Chemical Mfg YY X X X X
Acetal Resins YY X X X X
Acrylic/Modacrylic Fibers YY X X X X
Hydrogen Fluoride Prod YY X X X X
Polycarbonates Prod YY X X X X
Steel Pickeling CCC X X X X
Mineral Wool Prod DDD X X X X
Hazardous Waste Combustion (Phase I) EEE X X X X
Boilers that burn Haz. Waste (Phase II) EEE X X X X
HCL Prod. Furnaces burning Haz. Waste (P II) EEE X X X X
Pharmaceutical Prod GGG X X X X
Nat. Gas Transmission & Storage HHH X X X X
Flexible Polyurethane Foam Prod III X X X X
Polymer & Resins 4 JJJ X X X X
Portland Cement LLL X X X X
Pesticide Active Ingredients MMM X X X X
Wool Fiberglass NNN X X X X
Polymer & Resins 3 (Amino & Phenolic) OOO X X X X
Polyether Polyols Prod PPP X X X X
Primary Copper QQQ X X X X
Secondary Aluminum Prod RRR X X X X
Primary Lead Smelting TTT X X X X
Petro Refineries (FCC units) UUU X X X X
POTW VVV X X X X
Ferroalloys XXX X X X X
Municipal Landfills AAAA X X X X
Nutritional Yeast CCCC X X X X
Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X X X X
Organic Liquids Distribution (non-gas) EEEE X X X X
Misc. Organic NESHAP FFFF X X X X
Vegetable Oil GGGG X X X X
Wet Formed Fiberglass HHHH X X X X
Auto & Light Duty Truck (coating) IIII X X X X
Paper & Other Webs JJJJ X X X X
Metal Can (coating) KKKK X X X X
Misc. Metal Parts (coating) MMMM X X X X
Large Appliances (coating) NNNN X X X X
Printing, Coating, & Dyeing Fabrics OOOO X X X X
Plastic Parts & Products (coating) PPPP X X X X
Wood Building Products QQQQ X X X X
Metal Furniture (coating) RRRR X X X X
Metal Coil (coating) SSSS X X X X
Leather Tanning & Finishing TTTT X X X X
Cellulose Ethers Prod. Misc. Viscose Processes UUUU X X X X
Boat Manufacturing VVVV X X X X
Reinforced Plastic Composites WWWW X X X X
Rubber Tire Mfg XXXX X X X X
Stationary Combustion Turbines YYYY X X X X
Reciprocating Int. Combustion Engines ZZZZ X X X X
    Area Source Requirements >>.
Lime Manufacturing AAAAA X X X X
Semiconductor Production BBBBB X X X X
Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X X X X
Industrial/Commercial/Institutional DDDDD
Boilers & Process Heaters, VACATED on 7/30/07
Iron Foundries EEEEE X X X X
Integrated Iron & Steel FFFFF X X X X
Site Remediation GGGGG X X X X
Misc. Coating Manufacturing HHHHH X X X X
Mercury Cell Chlor-Alkali IIIII X X X X
Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ
Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK
Asphalt Roofing & Processing LLLLL X X X X
Flex. Polyurethane Foam Fabrication MMMMM X X X X
Hydrochloric Acid Prod/Fumed Silica NNNNN X X X X
Engine & Rocket Test Facilities PPPPP X X X X
Friction Materials Manufacturing QQQQQ X X X X
Taconite Iron Ore RRRRR X X X X
Refactories SSSSS X X X X
Primary Magnesium TTTTT X X X X
Area Source Rules
Hospital Sterilizers WWWWW X X X X
Stainless and Nonstainless Steel Mfg Electric Arc Furnaces YYYYY X X X X
Iron & Steel foundries ZZZZZ X X X X
Gasoline Distribution—Bulk BBBBBB X X X X
Gasoline Dispensing Facilities CCCCCC X X X X
PVC & Copolymers Prod DDDDDD X X X X
Primary Copper EEEEEE X X X X
Secondary Copper Smelting FFFFFF X X X X
Primary Nonferrous Metals GGGGGG X X X X
Paint Stripping
Auto-Body Refinishing HHHHHH X X X X
Plastic Parts & Prod. (coating)
Acrylic/Modacrylic Fibers Prod LLLLLL X X X X
Carbon Black Prod MMMMMM X X X X
Chemical Mfg. Chrom NNNNNN X X X X
Flex. Polyurethane Foam Fab OOOOOO X X X X
Flex. Polyurethane Foam Prod
Lead Acid Battery Mfg PPPPPP X X X X
Wood Preserving QQQQQQ X X X X
Clay Ceramics Mfg RRRRRR X X X X
Glass Mfg SSSSSS X X X X
Secondary Nonferrous Metals TTTTTT X X X X
Plating and Polishing WWWWWW X X X X
Industrial Mach. & Eq. Finishing XXXXXX X X X X
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
Ferroalloys Production YYYYYY X X X X
Ferro/Silico Manganese

1State program approved on August 31, 2001. Delegation table last updated on February 23, 2009.

2Forsyth County Environmental Affairs Department.

3Mecklenburg County Department of Environmental Protection.

4Western North Carolina Regional Air Quality Agency.

(ii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products, Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina, for Subpart S of this Part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and Subpart MM of this Part—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(iii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for New South Lumber Company, Inc. Graham Plant, Alamance County, North Carolina; HDM Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County, North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir Plant, Caldwell County, North Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell County, North Carolina; Hickory Chair Company, Catawba County, North Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser, Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser NR Company, New Bern Lumber Facility, Craven County, North Carolina; Linwood Furniture, Inc., Davidson County, North Carolina; Warvel Products, Inc., Davidson County, North Carolina; Thomasville Furniture Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina; Lexington Furniture Inc., Plant 5, Davidson County, North Carolina; Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina; JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR Company, Martin County, North Carolina; Jordan Lumber & Supply Co., Montgomery County, North Carolina; Troy Lumber Co., Montgomery County, North Carolina; Unilin Flooring N.V., Montgomery County, North Carolina; West Fraser, Seaboard Lumber Mill, Northampton County, North Carolina; Georgia Pacific Roxboro, Person County, North Carolina; Louisiana Pacific Corp., Roxboro, Person County, North Carolina; Weyerhaeuser Company, Grifton, Pitt County, North Carolina; Vaughan Bassett Furniture Co., Elkin Furniture, Surry County, North Carolina; Weyerhaeuser NR Company, Elkin Facility, Surry County, North Carolina; Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific Corp., Roaring River, Wilkes County, North Carolina; and American Drew, Inc., Plant 13, Wilkes County, North Carolina, for subpart DDDD of this Part-National Emissions Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued.

(35) North Dakota.

(i) The North Dakota Department of Agriculture is delegated the authority to implement and enforce the provisions of 40 CFR part 68 at facilities with an anhydrous ammonia storage capacity of ten thousand pounds or more that is intended to be used as fertilizer or in the manufacturing of a fertilizer within North Dakota and that are subject to the requirements of 40 CFR part 68, in accordance with the final rule, dated December 30, 2013.

(ii) The most current delegation status table for National Emission Standards for Hazardous Air Pollutants for Source Categories in Region VIII can be found online at http://www.epa.gov/region8/air-program.

(36) [Reserved]

(37) Oklahoma.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Oklahoma Department of Environmental Quality 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. Any amendments made to these rules after September 1, 2016 are not delegated.

Delegation Status for Part 63 Standards—State of Oklahoma

[Excluding Indian Country]

Open Table
Subpart Source category ODEQ12
A General Provisions X
F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X
G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X
H HON—Equipment Leaks X
I HON—Certain Processes Negotiated Equipment Leak Regulation X
J Polyvinyl Chloride and Copolymers Production 3
K (Reserved)
L Coke Oven Batteries X
M Perchloroethylene Dry Cleaning X
N Chromium Electroplating and Chromium Anodizing Tanks X
O Ethylene Oxide Sterilizers X
P (Reserved)
Q Industrial Process Cooling Towers X
R Gasoline Distribution X
S Pulp and Paper Industry X
T Halogenated Solvent Cleaning X
U Group I Polymers and Resins X
V (Reserved)
W Epoxy Resins Production and Non-Nylon Polyamides Production X
X Secondary Lead Smelting X
Y Marine Tank Vessel Loading X
Z (Reserved)
AA Phosphoric Acid Manufacturing Plants X
BB Phosphate Fertilizers Production Plants X
CC Petroleum Refineries X
DD Off-Site Waste and Recovery Operations X
EE Magnetic Tape Manufacturing X
FF (Reserved)
GG Aerospace Manufacturing and Rework Facilities X
HH Oil and Natural Gas Production Facilities X
II Shipbuilding and Ship Repair Facilities X
JJ Wood Furniture Manufacturing Operations X
KK Printing and Publishing Industry X
LL Primary Aluminum Reduction Plants X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X
NN Wool Fiberglass Manufacturing at Area Sources X
OO Tanks-Level 1 X
PP Containers X
QQ Surface Impoundments X
RR Individual Drain Systems X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X
TT Equipment Leaks—Control Level 1 X
UU Equipment Leaks—Control Level 2 Standards X
VV Oil—Water Separators and Organic—Water Separators X
WW Storage Vessels (Tanks)—Control Level 2 X
XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X
YY Generic Maximum Achievable Control Technology Standards X
ZZ-BBB (Reserved)
CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X
DDD Mineral Wool Production X
EEE Hazardous Waste Combustors X
FFF (Reserved)
GGG Pharmaceuticals Production X
HHH Natural Gas Transmission and Storage Facilities X
III Flexible Polyurethane Foam Production X
JJJ Group IV Polymers and Resins X
KKK (Reserved)
LLL Portland Cement Manufacturing X
MMM Pesticide Active Ingredient Production X
NNN Wool Fiberglass Manufacturing X
OOO Amino/Phenolic Resins X
PPP Polyether Polyols Production X
QQQ Primary Copper Smelting X
RRR Secondary Aluminum Production X
SSS (Reserved)
TTT Primary Lead Smelting X
UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X
VVV Publicly Owned Treatment Works (POTW) X
WWW (Reserved)
XXX Ferroalloys Production: Ferromanganese and Silicomanganese X
AAAA Municipal Solid Waste Landfills X
CCCC Nutritional Yeast Manufacturing X
DDDD Plywood and Composite Wood Products 4X
EEEE Organic Liquids Distribution X
FFFF Misc. Organic Chemical Production and Processes (MON) X
GGGG Solvent Extraction for Vegetable Oil Production X
HHHH Wet Formed Fiberglass Mat Production X
IIII Auto & Light Duty Truck (Surface Coating) X
JJJJ Paper and other Web (Surface Coating) X
KKKK Metal Can (Surface Coating) X
MMMM Misc. Metal Parts and Products (Surface Coating) X
NNNN Surface Coating of Large Appliances X
OOOO Fabric Printing Coating and Dyeing X
PPPP Plastic Parts (Surface Coating) X
QQQQ Surface Coating of Wood Building Products X
RRRR Surface Coating of Metal Furniture X
SSSS Surface Coating for Metal Coil X
TTTT Leather Finishing Operations X
UUUU Cellulose Production Manufacture X
VVVV Boat Manufacturing X
WWWW Reinforced Plastic Composites Production X
XXXX Tire Manufacturing X
YYYY Combustion Turbines X
ZZZZ Reciprocating Internal Combustion Engines (RICE) X
AAAAA Lime Manufacturing Plants X
BBBBB Semiconductor Manufacturing X
CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X
DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters Major Sources 5X
EEEEE Iron Foundries X
FFFFF Integrated Iron and Steel X
GGGGG Site Remediation X
HHHHH Miscellaneous Coating Manufacturing X
IIIII Mercury Cell Chlor-Alkali Plants X
JJJJJ Brick and Structural Clay Products Manufacturing 6X
KKKKK Clay Ceramics Manufacturing 6X
LLLLL Asphalt Roofing and Processing X
MMMMM Flexible Polyurethane Foam Fabrication Operation X
NNNNN Hydrochloric Acid Production, Fumed Silica Production X
OOOOO (Reserved)
PPPPP Engine Test Facilities X
QQQQQ Friction Products Manufacturing X
RRRRR Taconite Iron Ore Processing X
SSSSS Refractory Products Manufacture X
TTTTT Primary Magnesium Refining X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units 7X
VVVVV (Reserved)
WWWWW Hospital Ethylene Oxide Sterilizers X
XXXXX (Reserved)
YYYYY Electric Arc Furnace Steelmaking Area Sources X
ZZZZZ Iron and Steel Foundries Area Sources X
AAAAAA (Reserved)
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X
CCCCCC Gasoline Dispensing Facilities X
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X
EEEEEE Primary Copper Smelting Area Sources X
FFFFFF Secondary Copper Smelting Area Sources X
GGGGGG Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X
IIIIII (Reserved)
JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X
KKKKKK (Reserved)
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X
MMMMMM Carbon Black Production Area Sources X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X
PPPPPP Lead Acid Battery Manufacturing Area Sources X
QQQQQQ Wood Preserving Area Sources X
RRRRRR Clay Ceramics Manufacturing Area Sources X
SSSSSS Glass Manufacturing Area Sources X
TTTTTT Secondary Nonferrous Metals Processing Area Sources X
UUUUUU (Reserved)
VVVVVV Chemical Manufacturing Area Sources X
WWWWWW Plating and Polishing Operations Area Sources X
XXXXXX Metal Fabrication and Finishing Area Sources X
YYYYYY Ferroalloys Production Facilities Area Sources X
ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources X
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources X
BBBBBBB Chemical Preparation Industry Area Sources X
CCCCCCC Paints and Allied Products Manufacturing Area Sources X
DDDDDDD Prepared Feeds Areas Sources X
EEEEEEE Gold Mine Ore Processing and Production Area Sources X
FFFFFFF-GGGGGGG (Reserved)
HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X

1Program delegated to Oklahoma Department of Environmental Quality (ODEQ).

2Authorities 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.

3The ODEQ has adopted this subpart unchanged and applied for delegation of the standard. The 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 (DC Cir. 2004). Because of the DC Court's holding, this subpart is not delegated to ODEQ at this time.

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

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

6Final promulgated rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors at 80 FR 75817 (December 4, 2015).

7Final 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 HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

(38) Oregon.

(i) The following table lists the delegation status of specific part 63 subparts that have been delegated to state and local air pollution control agencies in Oregon. An “X” indicates the subpart has been delegated, subject to all 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. The dates noted at the end of this table indicate the effective dates of federal rules that have been delegated. Any amendments made to these rules after this effective date are not delegated.

Delegation Status of Part 63 NESHAPS—State of Oregon1

Open Table
Subpart2 ODEQ3 LRAPA4
A   General Provisions5 X X
D   Early Reductions
F   HON-SOCMI X X
G   HON-Process Vents X X
H   HON-Equipment Leaks X X
I   HON-Negotiated Leaks X X
L   Coke Oven Batteries X X
M   Perchloroethylene Dry Cleaning X X
N   Chromium Electroplating X X
O   Ethylene Oxide Sterilizers X X
Q   Industrial Process Cooling Towers X X
R   Gasoline Distribution X X
S   Pulp and Paper X X
T   Halogenated Solvent Cleaning X X
U   Polymers and Resins I X X
W   Polymers and Resins II-Epoxy X X
X   Secondary Lead Smelting X X
Y   Marine Tank Vessel Loading X X
AA   Phosphoric Acid Manufacturing Plants X X
BB   Phosphate Fertilizers Production Plants X X
CC   Petroleum Refineries X X
DD   Off-Site Waste and Recovery X X
EE   Magnetic Tape Manufacturing X X
GG   Aerospace Manufacturing & Rework X X
HH   Oil and Natural Gas Production Facilities X X
II   Shipbuilding and Ship Repair X X
JJ   Wood Furniture Manufacturing Operations X X
KK   Printing and Publishing Industry X X
LL   Primary Aluminum X X
MM   Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X X
OO   Tanks—Level 1 X X
PP   Containers X X
QQ   Surface Impoundments X X
RR   Individual Drain Systems X X
SS   Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process X X
TT   Equipment Leaks—Control Level 1 X X
UU   Equipment Leaks—Control Level 2 X X
VV   Oil-Water Separators and Organic-Water Separators X X
WW   Storage Vessels (Tanks)—Control Level 2 X X
YY   Source Categories: Generic MACT X X
CCC   Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X X
DDD   Mineral Wool Production X X
EEE   Hazardous Waste Combustors X X
GGG   Pharmaceuticals Production X X
HHH   Natural Gas Transmission and Storage Facilities X X
III   Flexible Polyurethane Foam Production X X
JJJ   Polymers and Resins IV X X
LLL   Portland Cement Manufacturing X X
MMM   Pesticide Active Ingredient Production X X
NNN   Wool Fiberglass Manufacturing X X
OOO   Manufacture of Amino Phenolic Resins X X
PPP   Polyether Polyols Production X X
RRR   Secondary Aluminum Production X X
TTT   Primary Lead Smelting X X
VVV   Publicly Owned Treatment Works X X
XXX   Ferroalloys Production: Ferromanganese & Silico manganese X X
CCCC   Manufacture of Nutritional Yeast X X
GGGG   Extraction of Vegetable Oil X X

1Table last updated on August 9, 2002; see 40 CFR 61.04(b)(WW) for agency addresses.

2Any authority within any subpart of this part (i.e. under “Delegation of Authority”) that is identified as not delegatable, is not delegated.

3Oregon Department of Environmental Quality (07/01/2001).

4Lane Region Air Pollution Authority (07/01/2001).

5General Provisions Authorities which may not be delegated include: §§63.6(g); 63.6(h)(9); 63.7(e)(2)(ii) and (f) for approval of major alternatives to test methods; §63.9(f) for approval of major alternatives to monitoring. For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see 40 CFR 63.90.

(39) Pennsylvania.

(i) Pennsylvania is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Pennsylvania Department of Environmental Protection, dated January 5, 1998, and any mutually acceptable amendments to that agreement.

(ii) Pennsylvania is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the Pennsylvania Department of Environmental Protection and approved by EPA Region III, at sources not subject to the permitting requirements of 40 CFR part 70, in accordance with the final rule, dated September 13, 2001, effective November 13, 2001, and any mutually acceptable amendments to the terms described in the direct final rule.

(iii) Philadelphia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the City of Philadelphia Department of Public Health Air Management Services and approved by EPA Region III, at sources within the City of Philadelphia, in accordance with the final rule, dated January 29, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(iv) Allegheny County is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards at sources within Allegheny County, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(v) Allegheny County is not delegated the authority to implement and enforce the provisions of 40 CFR part 68 and all future unchanged amendments to 40 CFR part 68 at sources within Allegheny County, in accordance with the final rule, dated March 5, 2019, effective April 4, 2019.

(40) Rhode Island.

(i) [Reserved]

(ii) Affected area sources within Rhode Island must comply with the Rhode Island Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(40)(ii)(A) of this section:

(A) The material incorporated into the Rhode Island Department of Environmental Management regulations at Air Pollution Control Regulation No. 36, Control of Emissions from Organic Solvent Cleaning, effective April 8, 1996, last amended October 9, 2008, and Rhode Island Air Pollution Control, General Definitions Regulation, effective July 19, 2007, last amended October 9, 2008, pertaining to organic solvent cleaning facilities in the State of Rhode Island jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the Federal NESHAP for Halogenated Solvent Cleaning Facilities (subpart T of this part), effective as of May 3, 2007, except for continuous web cleaning machines as defined in §63.461.

(1) Authorities not delegated.

(i) Rhode Island is not delegated the Administrator's authority to implement and enforce Rhode Island regulations at Air Pollution Control Regulation No. 36 and Rhode Island General Definitions Regulation in lieu of those provisions of subpart T of this part which apply to continuous web cleaning machines as defined in §63.461.

(ii) [Reserved]

(2) [Reserved]

(B) [Reserved]

(41) South Carolina.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the South Carolina Department of Health and Environmental Control (SCDHEC) 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—South Carolina1

Open Table
    Source category Subpart SCDHEC
1 HON F, G, H, I X
2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J
3 Coke Ovens L X
4 Dry Cleaners M X
5 Chromium Electroplating N X
6 EtO Commercial Sterilization O X
7 Chromium Cooling Towers Q X
8 Gasoline Distribution (stage 1) R X
9 Pulp & Paper I S X
10 Halogenated Solvent Cleaning T X
11 Polymer & Resins 1 U X
12 Polymer & Resins 2 W X
13 Secondary Lead Smelters X X
14 Marine Tank Vessel Loading Y X
15 Phosphoric Acid Mfg AA X
16 Phosphate Fertilizers Prod BB X
17 Petroleum Refineries CC X
18 Offsite Waste & Recovery DD X
    Tanks; Level 1 OO X
    Containers PP X
    Surface Impoundments QQ X
    Drain Systems RR X
    Oil-Water Separators VV X
19 Magnetic Tape EE X
20 Aerospace Industry GG X
21 Oil & Natural Gas Prod HH X
    Area Source Requirements >>. X
22 Shipbuilding and Repair I I X
23 Wood Furniture Mfg J J X
24 Printing & Publishing KK X
25 Primary Aluminum LL X
26 Pulp & Paper II (Combustion sources) MM X
27 Generic MACT:
    Control Devices SS X
    Eq. Leaks—Level 1 TT X
    Eq. Leaks—Level 2 UU X
    Tanks—Level 2 WW X
28 Generic MACT:
    Ethylene Mfg XX & YY X
    Carbon Black YY X
    Spandex Prod YY X
    Cyanide Chemical Mfg YY X
    Acetal Resins YY X
    Acrylic/Modacrylic Fibers YY X
    Hydrogen Fluoride Prod YY X
    Polycarbonates Prod YY X
29 Steel Pickeling CCC X
30 Mineral Wool Prod DDD X
31 Hazardous Waste Combustion (Phase I) EEE X
32 Boilers that burn Haz. Waste (Phase II) EEE X
33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X
34 Pharmaceutical Prod GGG X
35 Nat. Gas Transmission & Storage HHH X
36 Flexible Polyurethane Foam Prod I I I X
37 Polymer & Resins 4 JJJ X
38 Portland Cement LLL X
39 Pesticide Active Ingredients MMM X
40 Wool Fiberglass NNN X
41 Polymer & Resins 3 (Amino & Phenolic) OOO X
42 Polyether Polyols Prod PPP X
43 Primary Copper QQQ X
44 Secondary Aluminum Prod RRR X
45 Primary Lead Smelting TTT X
46 Petro Refineries (FCC units) UUU X
47 POTW V V V X
48 Ferroalloys X X X X
49 Municipal Landfills AAAA X
50 Nutritional Yeast CCCC X
51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X
52 Organic Liquids Distribution (non-gas) EEEE X
53 Misc. Organic NESHAP FFFF X
54 Vegetable Oil GGGG X
55 Wet Formed Fiberglass HHHH X
56 Auto & Light Duty Truck (coating) I I I I X
57 Paper & Other Webs JJJJ X
58 Metal Can (coating) KKKK X
59 Misc. Metal Parts (coating) MMMM X
60 Large Appliances (coating) NNNN X
61 Printing, Coating, & Dyeing Fabrics OOOO X
62 Plastic Parts & Products (coating) PPPP X
63 Wood Building Products QQQQ X
64 Metal Furniture (coating) RRRR X
65 Metal Coil (coating) SSSS X
66 Leather Tanning & Finishing TTTT X
67 Cellulose Ethers Prod Misc. Viscose Processes UUUU X
68 Boat Manufacturing VVVV X
69 Reinforced Plastic Composites WWWW X
70 Rubber Tire Mfg XXXX X
71 Stationary Combustion Turbines YYYY X
72 Reciprocating Int. Combustion Engines ZZZZ X
    Area Source Requirements >>. X
73 Lime Manufacturing AAAAA X
74 Semiconductor Production BBBBB X
75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X
76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD
77 Iron Foundries EEEEE X
78 Integrated Iron & Steel FFFFF X
79 Site Remediation GGGGG X
80 Misc. Coating Manufacturing HHHHH X
81 Mercury Cell Chlor-Alkali IIIII X
82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ
83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK
84 Asphalt Roofing & Processing LLLLL X
85 Flex. Polyurethane Foam Fabrication MMMMM X
86 Hydrochloric Acid Prod/Fumed Silica NNNNN X
87 Engine & Rocket Test Facilities PPPPP X
88 Friction Materials Manufacturing QQQQQ X
89 Taconite Iron Ore RRRRR X
90 Refactories SSSSS X
91 Primary Magnesium TTTTT X
Area Source Rules
92 Hospital Sterilizers WWWWW X
93 Stainless and Nonstainless Steel Mfg Electric Arc Furnaces YYYYY X
94 Iron & Steel foundries ZZZZZ X
95 Gasoline Distribution—Bulk BBBBBB X
96 Gasoline Dispensing Facilities CCCCCC X
97 PVC & Copolymers Prod DDDDDD X
98 Primary Copper EEEEEE X
99 Secondary Copper Smelting FFFFFF X
100 Primary Nonferrous Metals GGGGGG X
101 Paint Stripping HHHHHH X
    Auto-Body Refinishing
    Plastic Parts & Prod. (coating)
102 Acrylic/Modacrylic Fibers Prod LLLLLL X
103 Carbon Black Prod MMMMMM X
104 Chemical Mfg. Chrom NNNNNN X
105 Flex. Polyurethane Foam Fab OOOOOO X
    Flex. Polyurethane Foam Prod
106 Lead Acid Battery Mfg PPPPPP X
107 Wood Preserving QQQQQQ X
108 Clay Ceramics Mfg RRRRRR X
109 Glass Mfg SSSSSS X
110 Secondary Nonferrous Metals TTTTTT X
110 Plating and Polishing WWWWWW X
112 Heating Eq. Mfg XXXXXX X
    Industrial Mach. & Eq. Finishing
    Elect. & Electronics Eq. Finishing
    Fabricated Metal Prod
    Fabricated Plate Work (Boiler Shop)
    Fabricated Structural Metal Mfg
113 Ferro/Silico Manganese YYYYYY X
    Iron and Steel Forging
    Primary Metals Prod. Mfg
    Valves and Pipe Fittings Mfg
    Ferroalloys Production

1State program approved on June 26, 1995. Delegation table last updated on February 23, 2009.

(ii) South Carolina Department of Health and Environmental Control (SC DHEC) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Georgetown Mill, Georgetown, South Carolina, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon SC DHEC 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.

(42) [Reserved]

(43) Tennessee.

(i) The Tennessee Department of Environment and Conservation (TDEC) has “up-front” approval to implement an Equivalency by Permit (EBP) program under which TDEC may establish and enforce alternative requirements for the Ellison Surface Technologies, Inc. facility located in Morgan County, Tennessee (Ellison) in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Plating and Polishing Operations at 40 CFR part 63, subpart WWWWWW, “National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.” TDEC may only establish alternative requirements for Ellison that are at least as stringent as the otherwise applicable Federal requirements. TDEC must, in order to establish alternative requirements for Ellison under its EPA-approved EBP program: submit to the EPA for review pre-draft title V permit terms specifying alternative requirements that meet the criteria of 40 CFR 63.94(d), including the criterion that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements; obtain the EPA's written approval of the alternative pre-draft title V permit requirements; and issue a title V permit for Ellison that contains the approved alternative requirements. Until the EPA has approved the alternative permit terms and conditions and TDEC has issued a final title V permit incorporating them, Ellison will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart WWWWWW.

(ii) Reserved.

(44) Texas.

(i) The following table lists the specific part 63 standards that have been delegated unchanged to the Texas Commission on Environmental Quality 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 and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after August 3, 2016 are not delegated.

Delegation Status for Part 63 Standards—State of Texas1

[Excluding Indian Country]

Open Table
Subpart Source category TCEQ2
A General Provisions X
F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X
G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X
H HON—Equipment Leaks X
I HON—Certain Processes Negotiated Equipment Leak Regulation X
J Polyvinyl Chloride and Copolymers Production (3)
K (Reserved)
L Coke Oven Batteries X
M Perchloroethylene Dry Cleaning X
N Chromium Electroplating and Chromium Anodizing Tanks X
O Ethylene Oxide Sterilizers X
P (Reserved)
Q Industrial Process Cooling Towers X
R Gasoline Distribution X
S Pulp and Paper Industry X
T Halogenated Solvent Cleaning X
U Group I Polymers and Resins X
V (Reserved)
W Epoxy Resins Production and Non-Nylon Polyamides Production X
X Secondary Lead Smelting X
Y Marine Tank Vessel Loading X
Z (Reserved)
AA Phosphoric Acid Manufacturing Plants X
BB Phosphate Fertilizers Production Plants X
CC Petroleum Refineries X
DD Off-Site Waste and Recovery Operations X
EE Magnetic Tape Manufacturing X
FF (Reserved)
GG Aerospace Manufacturing and Rework Facilities X
HH Oil and Natural Gas Production Facilities X
II Shipbuilding and Ship Repair Facilities X
JJ Wood Furniture Manufacturing Operations X
KK Printing and Publishing Industry X
LL Primary Aluminum Reduction Plants X
MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X
NN Wool Fiberglass Manufacturing Area Sources X
OO Tanks-Level 1 X
PP Containers X
QQ Surface Impoundments X
RR Individual Drain Systems X
SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process
TT Equipment Leaks—Control Level 1 X
UU Equipment Leaks—Control Level 2 Standards X
VV Oil—Water Separators and Organic—Water Separators X
WW Storage Vessels (Tanks)—Control Level 2 X
XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X
YY Generic Maximum Achievable Control Technology Standards X
ZZ-BBB (Reserved)
CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X
DDD Mineral Wool Production X
EEE Hazardous Waste Combustors X
FFF (Reserved)
GGG Pharmaceuticals Production X
HHH Natural Gas Transmission and Storage Facilities X
III Flexible Polyurethane Foam Production X
JJJ Group IV Polymers and Resins X
KKK (Reserved)
LLL Portland Cement Manufacturing X
MMM Pesticide Active Ingredient Production X
NNN Wool Fiberglass Manufacturing X
OOO Amino/Phenolic Resins X
PPP Polyether Polyols Production X
QQQ Primary Copper Smelting X
RRR Secondary Aluminum Production X
SSS (Reserved)
TTT Primary Lead Smelting X
UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X
VVV Publicly Owned Treatment Works (POTW) X
WWW (Reserved)
XXX Ferroalloys Production: Ferromanganese and Silicomanganese X
AAAA Municipal Solid Waste Landfills X
CCCC Nutritional Yeast Manufacturing X
DDDD Plywood and Composite Wood Products X4
EEEE Organic Liquids Distribution X
FFFF Misc. Organic Chemical Production and Processes (MON) X
GGGG Solvent Extraction for Vegetable Oil Production X
HHHH Wet Formed Fiberglass Mat Production X
IIII Auto & Light Duty Truck (Surface Coating) X
JJJJ Paper and other Web (Surface Coating) X
KKKK Metal Can (Surface Coating) X
MMMM Misc. Metal Parts and Products (Surface Coating) X
NNNN Surface Coating of Large Appliances X
OOOO Fabric Printing Coating and Dyeing X
PPPP Plastic Parts (Surface Coating) X
QQQQ Surface Coating of Wood Building Products X
RRRR Surface Coating of Metal Furniture X
SSSS Surface Coating for Metal Coil X
TTTT Leather Finishing Operations X
UUUU Cellulose Production Manufacture X
VVVV Boat Manufacturing X
WWWW Reinforced Plastic Composites Production X
XXXX Rubber Tire Manufacturing X
YYYY Combustion Turbines X
ZZZZ Reciprocating Internal Combustion Engines (RICE) X
AAAAA Lime Manufacturing Plants X
BBBBB Semiconductor Manufacturing X
CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X
DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters Major Sources X5
EEEEE Iron Foundries X
FFFFF Integrated Iron and Steel X
GGGGG Site Remediation X
HHHHH Miscellaneous Coating Manufacturing X
IIIII Mercury Cell Chlor-Alkali Plants X
JJJJJ Brick and Structural Clay Products Manufacturing X6
KKKKK Clay Ceramics Manufacturing X6
LLLLL Asphalt Roofing and Processing X
MMMMM Flexible Polyurethane Foam Fabrication Operation X
NNNNN Hydrochloric Acid Production, Fumed Silica Production X
OOOOO (Reserved)
PPPPP Engine Test Facilities X
QQQQQ Friction Products Manufacturing X
RRRRR Taconite Iron Ore Processing X
SSSSS Refractory Products Manufacture X
TTTTT Primary Magnesium Refining X
UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X7
VVVVV (Reserved)
WWWWW Hospital Ethylene Oxide Sterilizers Area Sources X
XXXXX (Reserved)
YYYYY Electric Arc Furnace Steelmaking Facilities Area Sources X
ZZZZZ Iron and Steel Foundries Area Sources X
AAAAAA (Reserved)
BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities
Area Sources
X
CCCCCC Gasoline Dispensing Facilities Area Sources X
DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X
EEEEEE Primary Copper Smelting Area Sources X
FFFFFF Secondary Copper Smelting Area Sources X
GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X
HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X
IIIIII (Reserved)
JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X
KKKKKK (Reserved)
LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X
MMMMMM Carbon Black Production Area Sources X
NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X
OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X
PPPPPP Lead Acid Battery Manufacturing Area Sources X
QQQQQQ Wood Preserving Area Sources X
RRRRRR Clay Ceramics Manufacturing Area Sources X
SSSSSS Glass Manufacturing Area Sources X
TTTTTT Secondary Nonferrous Metals Processing Area Sources X
UUUUUU (Reserved)
VVVVVV Chemical Manufacturing Area Sources X
WWWWWW Plating and Polishing Operations Area Sources X
XXXXXX Metal Fabrication and Finishing Area Sources X
YYYYYY Ferroalloys Production Facilities Area Sources X
ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources X
AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources X
BBBBBBB Chemical Preparations Industry Area Sources X
CCCCCCC Paints and Allied Products Manufacturing Area Sources X
DDDDDDD Prepared Feeds Manufacturing Area Sources X
EEEEEEE Gold Mine Ore Processing and Production Area Sources
FFFFFFF—GGGGGGG (Reserved)
HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X

1Program delegated to the Texas Commission on Environmental Quality (TCEQ).

2Authorities 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.

3TCEQ was previously delegated this subpart on May 17, 2005 (70 FR 13018). The subpart was vacated and remanded to the 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 (DC Cir. 2004). Because of the DC Court's holding, this subpart is not delegated to TCEQ at this time.

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

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

6Final promulgated rule adopted by the EPA. See 80 FR 65470 (October 26, 2015). Note that Part 63 Subpart KKKKK was amended to correct minor typographical errors. See 80 FR 75817 (December 4, 2015).

7Final 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 HAP emissions from Coal- and Oil-fired EUSGU Units. See 81 FR 24420 (April 25, 2016).

(ii) Affected sources within Texas shall comply with the Federal requirements of 40 CFR part 63—subpart A—General Provisions, adopted by reference by the Texas Commission on Environmental Quality (TCEQ), with the exception of §63.5(e)(2)(i), §63.6(i)(12)(i), §63.6(i)(13)(i) and (ii), §63.8(e)(5)(ii), §63.9(i)(3), and §63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for the cited exceptions above and affected sources in Texas that are subject to the requirements of Subpart A shall comply with the requirements established at Texas Administrative Code, Title 30, Part 1, Chapter 113, Subchapter C, section 113.100.

(45) [Reserved]

(46) Vermont.

(i) Affected area sources within Vermont must comply with Vermont Regulations applicable to Hazardous Air Pollutants (incorporated by reference as specified in §63.14) as described in paragraph (a)(46)(i)(A) of this section:

(A) The material incorporated into the Vermont Air Pollution Regulations at Chapter 5, Air Pollution Control, section 5-253.11, Perchloroethylene Dry Cleaning (effective as of December 15, 2016) pertaining to area source dry cleaning facilities in the State of Vermont jurisdiction, and approved under the procedures in §63.93 to be implemented and enforced in place of the requirements for area source dry cleaning facilities in the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008. For purposes of this paragraph (a)(46) the term “area source dry cleaning facilities” means any source that qualifies as an area source under §63.320(h).

(1) Authorities not delegated. (i) Vermont is not delegated the Administrator's authority to implement and enforce Vermont Air Pollution Control Regulations, Chapter 5, Air Pollution Control, section 5-253.11, in lieu of those provisions of subpart M of this part which apply to major sources, as defined in §63.320(g).

(ii) [Reserved]

(2) [Reserved]

(B) [Reserved]

(ii) [Reserved]

(47) Virginia.

(i) Virginia is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the Virginia Department of Environmental Quality, dated April 20, 1998, and any mutually acceptable amendments to that agreement.

(ii) Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Virginia Department of Environmental Quality and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 8, 2002, effective March 11, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

(iii) EPA has granted the Virginia Department of Environmental Quality (DEQ) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the Virginia DEQ may establish and enforce alternative State requirements for International Paper Company's Franklin Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found at 40 CFR part 63, subpart S. The Virginia DEQ may only establish alternative requirements for the Franklin Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The VA DEQ must, in order to establish alternative requirements for the Franklin Mill under its EPA approved EBP program: (1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, (2) obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and (3) issue a CAA Title V permit for the Franklin Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the Virginia DEQ has issued a final CAA Title V permit incorporating them, International Paper Company's Franklin Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart S.

(48) Washington.

(i) The following table lists the delegation status of specific part 63 Subparts that have been delegated to state and local air pollution control agencies in Washington. An “X” indicates the subpart has been delegated, subject to all 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. The dates noted at the end of this table indicate the effective dates of Federal rules that have been delegated. Any amendments made to these rules after this effective date are not delegated.

Delegation Status for Part 63 Standards—State of Washington1

Open Table
40 CFR Part 63, Subparts2 Ecology3 BCAA4 NWAPA5 OAPCA6 PSCAA7 SCAPCA8 SWCAA9 YRCAA10
A   General Provisions11 X X X X X X X X
D   Early Reductions X X X X X X X X
F   HON-SOCMI X X X X X X X X
G   HON-Process Vents X X X X X X X X
H   HON-Equipment Leaks X X X X X X X X
I   HON-Negotiated Leaks X X X X X X X X
L   Coke Oven Batteries X X X X X X X X
M   Perchloroethylene Dry Cleaning X3 X4 X     X7 X8 X X10
N   Chromium Electroplating X X X X X X X X
O   Ethylene Oxide Sterilizers X X X X X X X X
Q   Industrial Process Cooling Towers X X X X X X X X
R   Gasoline Distribution X X X X X X X X
S   Pulp and Paper12 X     5 X6 X7 X8 X9 X10
T   Halogenated Solvent Cleaning X X X X X X X X
U   Polymers and Resins I X X X X X X X X
W   Polymers and Resins II-Epoxy X X X X X X X X
X   Secondary Lead Smelting X X X X X X X X
Y   Marine Tank Vessel Loading X X X     X X X
AA   Phosphoric Acid Manufacturing Plants X X X X X X     X
BB   Phosphate Fertilizers Production Plants X X X X X X     X
CC   Petroleum Refineries X X X X X X X X
DD   Off-Site Waste and Recovery X X X X X X X X
EE   Magnetic Tape Manufacturing X X X X X X X X
GG   Aerospace Manufacturing & Rework X X X X X X X X
HH   Oil and Natural Gas Production Facilities X X X X X X     X
II   Shipbuilding and Ship Repair X X X X X X X X
JJ   Wood Furniture Manufacturing Operations X X X X X X X X
KK   Printing and Publishing Industry X X X X X X X X
LL   Primary Aluminum13 X
MM   Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills14 X
OO   Tanks—Level 1 X X X X X X     X
PP   Containers X X X X X X     X
QQ   Surface Impoundments X X X X X X     X
RR   Individual Drain Systems X X X X X X     X
SS   Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process X X X X X X     X
TT   Equipment Leaks—Control Level 1 X X X X X X     X
UU   Equipment Leaks—Control Level 2 X X X X X X     X
VV   Oil-Water Separators and Organic-Water Separators X X X X X X     X
WW   Storage Vessels (Tanks)—Control Level 2 X X X     X X
YY   Source Categories: Generic MACT X X X     X X
CCC   Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X X X     X X
DDD   Mineral Wool Production X X X     X X
EEE   Hazardous Waste Combustors X X X     X X
GGG   Pharmaceuticals Production X X X     X X
HHH   Natural Gas Transmission and Storage Facilities X X X X X
III   Flexible Polyurethane Foam Production X X X     X X     X
JJJ   Polymers and Resins IV X X X     X X X
LLL   Portland Cement Manufacturing X X X     X X
MMM   Pesticide Active Ingredient Production X X X     X X
NNN   Wool Fiberglass Manufacturing X X X     X X
OOO   Manufacture of Amino Phenolic Resins X X X     X X
PPP   Polyether Polyols Production X X X     X X
RRR   Secondary Aluminum Production X X         X X
TTT   Primary Lead Smelting X X X     X X
VVV   Publicly Owned Treatment Works X X X     X X
XXX   Ferroalloys Production: Ferromanganese & Silicomanganese X X X     X X
CCCC   Manufacture of Nutritional Yeast                 X
GGGG   Extraction of Vegetable Oil                 X
VVVV   Boat Manufacturing

1   Table last updated on April 15, 2002. See 40 CFR 61.04(b)(WW) for agency addresses.

2   Any authority within any subpart of this part that is identified as not delegatable, is not delegated.

3   Washington State Department of Ecology (03/13/2001 for MM, 02/20/2001 for all others). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act.

4   Benton Clean Air Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act.

5   Northwest Air Pollution Control Agency (07/01/2000). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

6   Olympic Air Pollution Control Agency (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

7   Puget Sound Clean Air Agency (07/01/2001). Note: delegation of subpart S applies to all applicable facilities and processes exept Kraft and Sulfite Pulping Mills (see footnote 12). For information about delegation of subpart M, see paragraph (a)(48)(ii) of this section.

8   Spokane County Air Pollution Control Agency (02/20/2001). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

9   Southwest Clean Air Agency (08/01/1998). Note: delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

10   Yakima Regional Clean Air Authority (07/01/2000). Note: delegation of subpart M applies only to those sources required to obtain an operating permit under Title V of the Clean Air Act; delegation of subpart S applies to all applicable facilities and processes except Kraft and Sulfite Pulping Mills (see footnote 12).

11   General Provisions Authorities which are not delegated include approval of major alternatives to test methods, approval of major alternatives to monitoring, and any sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations). For definitions of minor, intermediate, and major alternatives to test methods and monitoring, see §63.90.

12   Subpart S of this part as it pertains to Kraft and Sulfite Pulping Mills cannot be delegated to any local agencies in Washington. The Washington State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

13   Subpart LL of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole authority to regulate Primary Aluminum Plants, pursuant to Washington Administrative Code 173-415-010.

14   Subpart MM of this part cannot be delegated to any local agencies in Washington because the Washington State Department of Ecology retains sole authority to regulate Kraft and Sulfite Pulping Mills, pursuant to Washington State Administrative Code 173-405-012 and 173-410-012.

(ii) Affected area sources within Puget Sound Clean Air's jurisdiction must comply with Puget Sound Clean Air's Regulation III, sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by reference as specified in 40 CFR 63.14) as follows:

(A) The material incorporated in Puget Sound Clean Air's Regulation III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the perchloroethylene dry cleaning source category in the Puget Sound Clean Air jurisdiction, and has been approved under the procedures in 40 CFR 63.93 to be implemented and enforced in place of the federal NESHAPs for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M), for area sources, as defined in 40 CFR 63.320(h).

(1) Authorities not delegated.

(i) Puget Sound Clean Air is not delegated the authority to implement and enforce Puget Sound Clean Air Regulation III, sections 3.03 in lieu of those provisions of Subpart M which applies to major sources, as defined in 40 CFR 63.320(g). Dry cleaning facilities which are major sources remain subject to subpart M.

(ii) Puget Sound Clean Air is not delegated the authority of 40 CFR 63.325 to determine equivalency of emissions control technologies. Any source seeking permission to use an alternative means of emission limitation under Puget Sound Clean Air Regulation I, section 3.23 must also receive approval from the Administrator before using such alternative means of emission limitation for the purpose of complying with section 112.

(B) [Reserved]

Note to paragraph (a)(48): Dates in parenthesis indicate the effective date of the federal rules that have been adopted by and delegated to the state or local air pollution control agency. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency.

(49) West Virginia.

(i) West Virginia is delegated the authority to implement and enforce all existing and future unchanged 40 CFR part 63 standards at major sources, as defined in 40 CFR part 70, in accordance with the delegation agreement between EPA Region III and the West Virginia Department of Environmental Protection, dated March 19, 2001, and any mutually acceptable amendments to that agreement.

(ii) West Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the West Virginia Department of Environmental Protection and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated April 2, 2002, effective June 3, 2002, and any mutually acceptable amendments to the terms described in the direct final rule.

[61 FR 25399, May 21, 1996]


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