What authorities may be delegated to the States?

(a) In delegating implementation and enforcement authority to a state, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (b) of this section must be retained by the EPA Administrator and not transferred to a state, local, or tribal agency. (b) Authority which will not be delegated to state, local, or tribal agencies are listed in paragraphs (b)(1) and (2) of this section: (1) Approval of alternate test method for organic HAP content determination under § 63.3360(c). (2) Approval of alternate test method for volatile matter determination under § 63.3360(d). [85 FR 41316, July 9, 2020]