Partial approval.

Partial approval. The partial approval process under this subpart is described in the following table:
(g) Subpart A, Delegable authorities. A State may exercise certain authorities granted to the Administrator under subpart A, but may not exercise others, according to the following criteria:
(1) A State may ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category I”, in paragraph (g)(1)(i) of this section. The EPA Regional Office will delegate any such authorities at their discretion.
(i) “Category I” shall consist of the following authorities:
(A) Section 63.1, Applicability Determinations
(B) Section 63.6(e), Operation and Maintenance Requirements - Responsibility for Determining Compliance
(C) Section 63.6(f), Compliance with Non-Opacity Standards - Responsibility for Determining Compliance
(D) Section 63.6(h), Compliance with Opacity and Visible Emissions Standards - Responsibility for Determining Compliance
(E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans
(F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods
(G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods
(H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors
(I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing
(J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) Test Plans
(K) Section 63.8(f), Approval of Minor Alternatives to Monitoring
(L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring
(M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports
(N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and Reporting
(O) Section 63.7(a)(4), Extension of Performance Test Deadline
(ii) The State must maintain a record of all approved alternatives to all monitoring, testing, recordkeeping, and reporting requirements and provide this list of alternatives to its EPA Regional Office at least semi-annually, or on a more frequent basis if requested by the Regional Office. The Regional Office may audit the State-approved alternatives and disapprove any that it determines are inappropriate, after discussion with the State. If changes are disapproved, the State must notify the source that it must revert to the original applicable monitoring, testing, recordkeeping, and/or reporting requirements (either those requirements of the original section 112 requirement, the alternative requirements approved under this subpart, or the previously approved site-specific alternative requirements). Also, in cases where the source does not maintain the conditions which prompted the approval of the alternatives to the monitoring, testing, recordkeeping, and/or reporting requirements, the State (or EPA Regional Office) must require the source to revert to the original monitoring, testing, recordkeeping, and reporting requirements, or more stringent requirements, if justified.
(2)
(i) A State may not ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category II” in paragraph (g)(2)(ii) of this section.
(ii) “Category II” shall consist of the following authorities:
(A) Section 63.6(g), Approval of Alternative Non-Opacity Emission Standards
(B) Section 63.6(h)(9), Approval of Alternative Opacity Standards
(C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods
(D) Section 63.8(f), Approval of Major Alternatives to Monitoring
(E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting

Source

40 CFR § 63.91


Scoping language

None
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