Region 7 Air Program Delegations
TABLE OF CONTENTS
Chapter 7
Clean Air Act (CAA)
R7-7-1 State and Interstate Program and Planning Grants (R-58, 1/1/95)
R7-7-2 Approval of State Procedures to Implement Federal Rules Under the Clean Air
Act, Section 183(e) (R-67, 7/5/96)
R7-7-3 New Hazardous Source Review (R-58, 1/1/95)
R7-7-4 Hazardous Emissions Source Waivers (R-58, 1/1/95)
R7-7-5 Enforcement of Hazardous Emission Standards (R-58, 1/1/95)
R7-7-6A Administrative Enforcement Actions Under Section 113: Issuance and
Neogitation of Notices, Complaints and Orders, and Signing of Consent
Agreements (R-58, 1/1/95)
R7-7-6B Administrative Enforcement Actions Under Section 113: Agency
Representation in Hearings and Negotiation of Consent Agreements (R-40,
5/21/92)
R7-7-8 Inspections and Information Gathering (R-67, 7/5/96)
R7-7-9 Approval of State Procedures (R-58, 1/1/95)
R7-7-24 Implementation Procedures for Preconstruction and Modification (R-58, 1/1/95)
R7-7-25 Delegation of Authority for Preconstruction Review (R-58, 1/1/95)
R7-7-28 Modifications to the Attainment and Maintenance Requirements of 40 CFR 51
(R-58, 1/1/95)
R7-7-33 Subpoenas and Administration of Oaths (R-58, 1/1/95)
R7-7-41-A Noncompliance Penalty: Assessment and Signing of Consent Agreements
(R-58, 1/1/95)
R7-7-41-B Noncompliance Penalty: Agency Representation in Hearings and Signing of
Consent Agreements (R-18, 1/26/86)
R7-7-42 Noncompliance Penalty: Assessment in the Absence of State Action (R-58,
1/1/95)
R7-7-45 Noncompliance Penalty: Notice of Noncompliance (R-58, 1/1/95)
R7-7-47 Noncompliance Penalty: Independent Calculation (R-58, 1/1/95)
R7-7-67 State Implementation Plan Completeness Determinations (R-58, 1/1/95)
R7-7-73 Acid Rain Permitting (R-65, 1/30/96)
R7-7-74 Phase I substitution Plans (R-58, 1/1/95)
R7-7-76 Reduced Utilization Plans (R-58, 1/1/95)
R7-7-77 Retired Units Exemption (R-58, 1/1/95)
R7-7-80 Certification and Petition Approvals (R-58, 1/1/95)
R7-7-90 New Unit Exemptions (R-58, 1/1/95)
R7-7-91 Repowering Extension Plans (R-58, 1/1/95)
R7-7-95 Group I, Phase II Early Election for NOx (R-58, 1/1/95)
R7-7-96 Alternative Emission Limitations (R-58, 1/1/95)
R7-7-97 Emissions Averaging Plans (R-58, 1/1/95)
R7-7-98 Phase I NOx Compliance Extensions (R-58, 1/1/95)
R7-7-116 Compliance Extensions (R-67, 7/5/96)
R7-7-117 Approval of Site-Specific Test Plans (R-67, 7/5/96)
R7-7-118 Construction and Reconstruction (R-67, 7/5/96)
R7-7-119 Performance Test (R-67, 7/5/96)
R7-7-120 Approval of Site-Specific Performance Evaluation Test Plan (R-67, 7/5/96)
R7-7-121 Alternative Methods (R-67, 7/5/96)
R7-7-122 Adjustment to Time Periods for Submitting Reports (R-67, 7/5/96)
R7-7-123 Reduced Frequency of Reporting (R-67, 7/5/96)
R7-7-124 Waiver of Recordkeeping or Reporting Requirements (R-67, 7/5/96)
R7-7-125 Implementation of the Early Reductions Rule (R-67, 7/5/96)
R7-7-126 Issuance of Specialty Permits Under Early Reductions Program (R-67, 7/5/96)
R7-7-127 Applicability Determinations (R-67, 7/5/96)
R7-7-128 Establishment of Monitoring Parameters To Demonstrate Compliance (R-67,
7/5/96)
R7-7-500 Employment Effects; Hearings and Investigation; Subpoenas; Findings of Fact,
Recommendations Pursuant to Section 321 of the Clean Air Act as Amended
(TNR7-16, 2/15/79)
.R7-7-1. State and Interstate Program and Planning Grants
1. AUTHORITY.
To approve grants pursuant to the Clean Air Act, Sections 105 and 106.
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCES.
a. 40 CFR Part 35, Subpart A.
b. Headquarters EPA Delegation 7-1, issued under Transmittal Number (TN) 103,
7/25/84.
c. Regional Delegation R7-1-14, issued under Transmittal Number 55, 1/28/94.
NOTE: Per Memo, 12/4/95, Director Air, RCRA and Toxics Division to Acting Assistant
Regional Administrator for Policy and Management, the following responsibilities for Award
of Grants under this delegation is outlined as follows:
On Programmatic Certification forms covering Section 105, the Division Director has
been delegated as the Award Official, the Decision Official is the Branch Chief, and
the Recommending Official is the Project Officer.
.R7-7-2. Approval of State Procedures to Implement Federal Rules Under the Clean Air Act,
Section 183(e)
1. AUTHORITY.
To approve state or local agency procedures for implementing a Federal regulation or
volatile organic compounds (VOC) in such state or portion pursuant to the Clean Air
Act (CAA), Section 183(e)(7).
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
The Director, Air, RCRA, and Toxics Division shall consult with the Regional Counsel
before exercising this authority.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
5. ADDITIONAL REFERENCES.
40 CFR 59.
.R7-7-3. New Hazardous Source Review
1. AUTHORITY.
To review plans for construction of new sources or for modification of existing sources
to determine compliance with emission standards for hazardous air pollutants.
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
None.
4. REDELEGATION AUTHORITY.
Further redelegation is not authorized.
5. ADDITIONAL REFERENCES.
7-3. New Hazardous Source Review.
.R7-7-4. Hazardous Emissions Source Waivers
1. AUTHORITY.
To grant waivers to existing stationary sources allowing up to two years after the
effective date of emission standards for hazardous air pollutants to comply with such
standards pursuant to Section 112(c)(1)(B) of the Clean Air Act (CAA).
2. TO WHOM REDELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCE.
Headquarters EPA Delegation 7-4, issued under Transmittal Number (TN) 103,
7/25/84, and 40 CFR 61.
.R7-7-5. Enforcement of Hazardous Emission Standards
1. AUTHORITY.
To approve State or local agency procedures for implementing and enforcing emission
standards for hazardous air pollutants for stationary sources located in such State or
portion thereof and to delegate to such State or local agency authority to implement and
enforce Federal emission standards for hazardous air pollutants in such State or portion
thereof pursuant to Section 112(d) of the Clean Air Act.
2. TO WHOM REDELEGATED.
Director, Air, RCRA, and Toxics Division with the concurrence of Regional Counsel.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCE.
Headquarters EPA Delegation 7-5, issued under Transmittal Number (TN) 103,
7/25/84, and 40 CFR 61.
.R7-7-6-A. Administrative Enforcement Actions Under Section 113: Issuance and Negotiation
of Notices, Complaints and Orders, and Signing of Consent Agreements
1. AUTHORITY.
a. To make findings of violation, to issue notices of violation, to issue orders, to issue
or withdraw complaints, to issue penalty orders, to issue administrative compliance
orders, to give written notice of a proposed administrative penalty, to issue field
citations, and to compromise, modify or remit administrative penalties, except for new
source review orders.
b. To negotiate and confer with the alleged violator pursuant to the Clean Air Act
(CAA) and to sign consent agreements memorializing settlements between the Agency
and respondents.
2. TO WHOM DELEGATED.
a. Director, Air, RCRA, and Toxics Division, or designee.
b. Regional Counsel, or designee.
3. LIMITATIONS.
a. The Director, Air, RCRA, and Toxics Division, must consult with the Regional
Counsel or designee prior to exercising any of the above authorities.
b. The Regional Counsel must consult with the Director, Air, RCRA, and Toxics
Division, or designee prior to exercising any of the above authorities.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Sections 113(a), (d), and (e) of the Clean Air Act.
b. Delegation 7-6-A: Administrative Enforcement Actions: Issuance of Complaints
and Orders, and Signing of Consent Agreements, etc.
c. Delegation 7-37: Administrative Enforcement Actions: New Source Review
Orders.
d. Delegation 7-49: Emergency Administrative Powers.
.R7-7-6-B. Administrative Enforcement Actions Under Section 113: Agency Representation in
Hearings and Negotiation of Consent Agreements
1. AUTHORITY.
To represent the Environmental Protection Agency in administrative proceedings
conducted under the Clean Air Act and to negotiate consent agreements between the
Agency and respondents resulting from such enforcement actions, and to represent the
Agency in appeals from administrative determinations.
2. TO WHOM DELEGATED.
Regional Counsel, or designee.
3. LIMITATIONS.
The Regional Counsel must consult with the Director, Air, RCRA, and Toxics
Division, or designee prior to exercising any of the above authorities.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 113(d) of the Clean Air Act.
b. Delegation 7-6-B: Administrative Enforcement Actions: Agency representation in
Hearings and Negotiation of Consent Agreements.
.R7-7-8. Inspections and Information Gathering
1. AUTHORITY.
a. To enter the premises of any person who owns or operates an emission source or
who is subject to the requirements of the Clean Air Act; inspect records or monitoring
equipment and methods; reproduce documents; take samples, conduct tests; require that
information be reported; require submission of compliance certifications and enhanced
monitoring data; exercise any other authorities pursuant to the Clean Air Act and the
regulations thereunder relating to the performance of inspections; give notice to the
States of inspections; and determine that such notices are not required.
b. To require the owner or operator of any emission source or a person who
manufactures emission control equipment or process equipment, or any person subject
to any requirement of the Clean Air Act to: maintain records; make reports; install,
use, and maintain monitoring equipment parameters, production variables, or other
indirect data; and provide other information.
c. To obtain and execute warrants for the purposes of performing inspections or
information gathering.
d. To designate representatives of the Administrator to perform the functions contained
in paragraph 1b, above.
2. TO WHOM DELEGATED.
a. Authority listed in 1a, above, is delegated to the Director, Air, RCRA, and Toxics
Division, and the Director, Environmental Services Division.
b. Authority listed in 1b and 1d, above, is delegated to the Director, Air, RCRA, and
Toxics Division.
c. Authority listed in 1c, above, is delegated to the Regional Counsel.
3. LIMITATIONS.
The Directors must consult with the Regional Counsel or designee prior to issuing any
orders or requests for information written under this authority.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 114 of the Clean Air Act.
b. Headquarters Delegation 7-8, Inspections and Information Gathering.
.R7-7-9. Approval of State Procedures
1. AUTHORITY.
To approve State or local agency procedures for carrying out the authorities detailed in
Section 114(a) and to delegate such authorities pursuant to Section 114(b) of the Clean
Air Act (CAA).
2. TO WHOM REDELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCE.
Headquarters EPA Delegation 7-9, issued under Transmittal Number (TN) 103,
7/25/84.
.R7-7-24. Implementation Procedures for Preconstruction Review
1. AUTHORITY.
To implement procedures for preconstruction review for stationary and indirect sources
under regulations in 40 CFR 52. Also, to implement procedures for preconstruction
review for prevention of significant deterioration (PSD) for new or modified major
(stationary) sources under the regulations in 40 CFR 52.21, including issuance of PSD
permits.
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division with concurrence of Regional Counsel.
3. LIMITATIONS.
None.
4. REDELEGATION AUTHORITY.
Further redelegation is not authorized.
5. ADDITIONAL REFERENCES.
7-24. Implementation Procedures for Preconstruction Review.
.R7-7-25. Delegation of Authority for Preconstruction Review
1. AUTHORITY.
To delegate authority to state or local agencies for preconstruction review of new or
modified direct (stationary) and indirect sources of the type described in 40 CFR 52.
Also, to delegate authority to state or local agencies to implement preconstruction
review for prevention of significant deterioration for new or modified major stationary
sources under the regulation in 40 CFR 52.21.
2. TO WHOM REDELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCE.
Headquarters EPA Delegation 7-25, issued under Transmittal Number (TN) 103,
7/25/84.
.R7-7-28. Modifications to the Attainment and Maintenance Requirements of 40 CFR 51
1. AUTHORITY.
To modify certain procedures to be used for estimating future emissions and air quality
concentrations and for developing new control strategies necessary to ensure the
attainment and maintenance of the national ambient air quality standards. These
procedures pertain to the analysis and development of plans for air quality maintenance
areas (AQMAs), required under 40 CFR 51. Authorities delegated will be in
accordance with, but limited to, the requirements of the following sections of 40 CFR
51:
a. Section 51.7(e)(3) Identification of matters on which States must report;
b. Section 51.42 Specification of AQMA analysis period;
c. Section 51.53(b) Specification of years for providing information on the
demonstration of adequacy of the plan;
d. Section 51.57 Consultation with a State in determining what constitutes
sufficient time for adoption of laws and regulations to ensure maintenance of the
national standards;
e. Section 51.60(a) Specification of the years for which information about
resources must be submitted; and
f. Section 51.63 Approval of alternative procedures.
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
None.
4. REDELEGATION AUTHORITY.
Further redelegation is not authorized.
5. ADDITIONAL REFERENCES.
7-28. Modifications to the Attainment and Maintenance Requirements of 40 CFR 51.
.R7-7-33. Subpoenas and Administration of Oaths
1. AUTHORITY.
To act pursuant to the Clean Air Act for the purpose of issuing subpoenas for the
attendance and testimony of witnesses and the production of relevant papers, books and
documents, including documentary evidence; and for the purpose of administering
oaths.
2. TO WHOM REDELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCES.
a. Headquarters EPA Delegation 7-33, issued under Transmittal Number (TN) 281,
1/24/92.
b. Clean Air Act Sections 307(a), 113(d)(2)(A), and 205(c)(1) of the Clean Air Act.
c. 40 CFR Part 22.
.R7-7-41-A. Noncompliance Penalty: Assessment and Signing of Consent Agreements
1. AUTHORITY.
Pursuant to the Clean Air Act (CAA),
a. To assess and receive payment of a noncompliance penalty against every
person described in the noncompliance penalty section;
b. To negotiate consent agreements memorializing settlements between the
Agency and respondents; and
c. To sign consent agreements memorializing settlements between the Agency
and respondents.
2. TO WHOM DELEGATED.
1.a. Regional Administrator.
1.b. Regional Counsel with concurrence of the Director, Air, RCRA, and Toxics
Division.
1.c. Regional Administrator.
3. LIMITATIONS.
Prior to exercising this authority, the Regional Administrator, or designee, must
consult with the Assistant Administrator for Enforcement and Compliance Monitoring
or designee and the Assistant Administrator for Air and Radiation, or designee, unless
unless such consultation is waived. In addition, once the alleged violator files an
answer or fails to file an answer in the specified time period, the Regional Counsel or
designee will conduct all negotiations.
4. REDELEGATION AUTHORITY.
Redelegation beyond the Division Director level is not authorized.
5. ADDITIONAL REFERENCES.
7-41-A. Noncompliance Penalty: Assessment and Signing of Consent Agrements;
R7-7-41-B.
Noncompliance Penalty: Agency Representation in Hearings and Signing of Consent
Agreements.
.R7-7-41-B. Noncompliance Penalty: Agency Representation in Hearings and Signing of
Consent Agreements
1. AUTHORITY.
To represent EPA in civil penalty adjudications conducted under the noncompliance
penalty section of the Clean Air Act and 5 U.S.C. Section 554; and to negotiate
consent agreements between the Agency and respondents resulting from such
enforcement actions.
2. TO WHOM DELEGATED.
Regional Counsel.
3. LIMITATIONS.
This authority may only be exercised after the alleged violator either files an answer or
fails to file an answer in the specified time period.
4. REDELEGATION AUTHORITY.
Further redelegation is authorized.
5. ADDITIONAL REFERENCES.
7-41-B. Noncompliance Penalty: Agency Representation in Hearings and Signing of
Consent Agreements;
R7-7-41A. Noncompliance Penalty: Assessment and Signing of Consent Agreements.
.R7-7-42. Noncompliance Penalty: Assessment in the Absence of State Action
1. AUTHORITY.
Pursuant to regulations promulgated under the Clean Air Act,
a. To assess and receive payment of a noncompliance penalty against every
person described in the noncompliance penalty section of the CAA where the
State has a delegation in effect but fails to assess or collect the penalty as
required;
b. To negotiate consent agreements memorializing settlements between the
Agency and respondents prior to the issuance of a notice of noncompliance; and
c. To sign consent agreements memorializing settlements between the Agency
and respondents prior to the issuance of a notice of noncompliance.
2. TO WHOM DELEGATED.
1.a. Regional Administrator.
1.b. Director, Air, RCRA, and Toxics Division and Regional Counsel.
1.c. Regional Administrator.
3. LIMITATIONS.
Prior to exercising this authority, the Regional Administrator or his/her delegatee must
consult with the Assistant Administrator for Enforcement and Compliance Monitoring
or designee and the Assistant Administrator for Air and Radiation or designee unless
such consultation is waived.
4. REDELEGATION AUTHORITY.
Further redelegation is not authorized.
5. ADDITIONAL REFERENCES.
7-42. Noncompliance Penalty: Assessment in the Absence of State Action.
.R7-7-45. Noncompliance Penalty: Notice of Noncompliance
1. AUTHORITY.
Pursuant to Section 120 of the Clean Air Act and 40 CFR Sections 66.11 and 66.12, to
issue notices of noncompliance.
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Prior to exercising this authority, the Director must consult with the Assistant
Administrator for Air and Radiation, or designee, unless consultation has been waived.
The Director must also consult with the Regional Counsel, or designee.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
None.
.R7-7-47. Noncompliance Penalty: Independent Calculation
1. AUTHORITY.
To approve requisitions for contracts which assist in determining the amount of the
penalty assessment or payment schedule in accordance with Section 120(c) of the Clean
Air Act.
2. TO WHOM REDELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated further.
4. ADDITIONAL REFERENCE.
Headquarters EPA Delegation 7-47, issued under Transmittal Number (TN) 103,
7/25/84.
.R7-7-67. State Implementation Plan Completeness Determinations
1. AUTHORITY.
To make completeness determinations on State Implementation Plan (SIP) submittals
pursuant to Section 110(k) (1) (B) of the Clean Air Act.
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated.
4. LIMITATIONS.
This rededelegation does not apply to a completeness determination that constitutes a
finding under Section 179(a)(1) of the Clean Air Act that a State failed to submit a
complete SIP or SIP element.
5. ADDITIONAL REFERENCES.
a. Section 110 of the Clean Air Act (CAA), 42 U.S.C. 7410, as amended by the
Clean Air Act Amendments of 1990.
b. Section 179 of the Clean Air Act, 42 U.S.C. 7509, as amended by the Clean Air
Act Amendments of 1990.
c. Appendix V of 40 C.F.R. Part 51.
d. Delegation 7-67: State Implementation Plan Completeness Determinations, dated
7/12/92.
R7-7-73. Acid Rain Permitting
1. AUTHORITY.
a. To prepare the statement of basis for draft Acid Rain permits and to issue or deny
draft permits [ 72.62(a) & 72.64];
b. To extend or reopen the public comment period [ 72.65(d)];
c. To decide whether to hold public hearings [ 72.67];
d. To conduct public hearings [ 72.67];
e. To consider and respond to public comments and to issue or deny permits [
408(c)(2) and (3) and 72.68 and 72.69(a)];
f. To object to proposed Acid Rain permits or denials of permits submitted by the
State permitting authority and to incorporate any required changes and issue or deny
the Acid Rain permits [ 72.72(b)(1)(vii) and (5)(v)];
g. To intervene in State administrative permit appeal proceedings that involve an Acid
Rain permit provision or denial of an Acid Rain permit by the State permitting
authority [ 72.72(b)(5)(iv)];
h. To issue and reopen Phase II permits where the state is not the permitting authority
[ 408(d) and 72.74 and 72.85];
i. To revise Acid Rain permits through permit modifications, fast-track modifictions
and administrative amendments [ 72.80 through 72.83].
2. TO WHOM DELEGATED.
a. The authorities in 1a, b, c, e, f, g, h, and i above are delegated to the Director, Air,
RCRA, and Toxics Divison.
b. The authority in 1d above is delegated to the Regional Presiding Officer.
3. LIMITATIONS.
a. The Director, Air, RCRA, and Toxics Division, must consult with the Assistant
Administrator for Air and Radiation, or designee, prior to exercising the authorities in
paragraphs 1a, e, f, g, h, and i above, unless such consultation is waived.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 408 of the Clean Air Act, as amended by the Clean Air Act Amendments of
1990, Public Law Number 101-549, 42 U.S.C. 7651g.
b. Sections 72.62 through 72.65, 72.67 through 72.69, 72.72, 72.74, 72.80 through
72.83, and 72.85 of 40 CFR Part 72.
.R7-7-74. Phase I Substitution Plans
1. AUTHORITY.
To revise a permit in order to activate or terminate approved substitution plans [
72.40(c) and (d) & 72.41(b)(3) and (e)(3)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising this authority.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 404 of the Clean Air Act, as amended by the Clean Air Act Amendments of
1990, Public Law Number 101-549, 42 U.S.C. 7651c.
b. Sections 72.40 and 72.41 of 40 CFR Part 72.
c. Headquarters EPA Delegation 7-74 issued under Transmittal Number 307, 5/28/93.
.R7-7-76. Reduced Utilization Plans
1. AUTHORITY.
To revise a permit in order to activate or terminate approved reduced utilization plans
[ 72.40(c) and (d) & 72.43(b)(4) and (f)(4)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising this authority.
4. REDELEGATION AUTHORITY.
This authority may not be redelegated.
5. ADDITIONAL REFERENCES.
a. Section 408 of the Clean Air Act, as amended by the Clean Air Act Amendments of
1990, Public Law Number 101-549, 42 U.S.C. 7651g.
b. Sections 72.40 and 72.43 of 40 CFR Part 72.
c. Headquarters EPA Delegation 7-76, issued under Transmittal Number 307,
5/28/93.
.R7-7-77. Retired Units Exemption
1. AUTHORITY.
a. To issue or deny written exemptions for retired units from certain requirements of
the Clean Air Act [ 408 & 72.8(c)];
b. To object to proposed written exemptions or denials of written exemptions
submitted by the State permitting authority and to incorporate any required changes and
issue or deny written exemptions [ 72.8(c) & 72.72(b)(1)(vii) and (5)(v)]; and
c. To approve or disapprove exemptions for retired units from the monitoring
requirements of part 75 [ 412 & 75.67].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated.
4. LIMITATIONS.
The Director, Air, RCRA, and Toxics Division, must consult with the Assistant
Administrator for Air and Radiation or designee prior to exercising the authorities in
paragraphs "a," "b," and "c," above, unless such consultation is waived.
5. ADDITIONAL REFERENCES.
a. Sections 408 and 412 of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, Public Law Number 101-549, 42 U.S.C. 7651g and 7651k.
b. Sections 72.8 and 72.72 of 40 CFR Part 72, and section 75.67 of 40 CFR Part 75.
R7-7-80. Certification and Petition Approvals
.
1. AUTHORITY.
To determine whether certification or recertification applications for continuous
emission monitoring systems and continuous opacity monitoring systems are complete
and to issue notices of insufficiency for incomplete applications [ 75.20(a)(4)(ii) &
75.20(b)(3) & 75.63(c)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may not be redelegated.
4. ADDITIONAL REFERENCES.
a. Section 408 of the Clean Air Act, as amended by the Clean Air Act Amendments of
1990, Public Law Number 101-549, 42 U.S.C. 7651g.
b. Sections 75.20 and 75.63 of 40 CFR Part 75.
c. Headquarters EPA Delegation 7-80, issued under Transmittal Number 337,
9/23/93.
.R7-7-90. New Unit Exemptions
1. AUTHORITY.
a. To issue or deny written exemptions [ 408 & 72.7(c)];
b. To object to proposed written exemptions or denials of written exemptions issued
by state permitting authorities, and to incorporate required changes and issue or deny
written exemptions [ 72.7(c) & 72.72(b)(1)(vii) and (5)(v)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising authorities 1a and 1b.
4. REDELEGATION AUTHORITY.
Authorities 1a and 1b may be redelegated to the branch chief level.
5. ADDITIONAL REFERENCES.
a. Section 408 of the Clean Air Act, as amended by the Clean Air Act Amendments of
1990, Public Law Number 101-549, 42 U.S.C. 7651g.
b. Sections 72.7 and 72.72 of 40 CFR Part 72.
c. Decision Memorandum, 3/31/94, Subject: Proposed Delegations of Authority:
"Group 5 Acid Rain Delegations" approved by the Administrator on 4/26/94.
.R7-7-91. Repowering Extension Plans
1. AUTHORITY.
Where the Administrator is the permitting authority, to revise permits in accordance
with the rulings on notifications concerning failed repowering projects [ 409(b)(2) &
72.44(g)(1) and (2)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the branch chief level.
4. ADDITIONAL REFERENCES.
a. Sections 402 and 409 of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, Public Law Number 101-549, 42 U.S.C. 7651a and 7651h.
b. Section 72.44 of 40 CFR Part 72.
c. Decision Memorandum, 3/31/94, Subject: "Proposed Delegations of Authority:
"Group 5 Acid Rain Delegations" approved by the Administrator on 4/26/94.
.R7-7-95. Group I, Phase II Early Election for NOx
1. AUTHORITY.
a. To approve or disapprove (with changes or conditions) Group I, Phase II early
election plans for NOx emission reductions prior to the year 2000 [ 76.8(d)(1)]; and
b. To revise permits in order to terminate these early election plans [ 76.8(e)(ii)(3)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising these authorities.
4. REDELEGATION AUTHORITY.
These authorities may be redelegated to the branch chief level.
5. ADDITIONAL REFERENCES.
a. Sections 407 & 408 of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, Public Law Number 101-549, 42 U.S.C. 7651f & 7651g.
b. Sections 72.40 of 40 CFR Part 72 and 76.8 of 40 CFR Part 76.
c. Decision Memorandum, 5/25/94, Subject: Proposed Delegations of Authority:
"Group 6 Acid Rain Delegations" approved by the Administrator on 6/30/94.
.R7-7-96. Alternative Emission Limitations
1. AUTHORITY.
a. To approve or disapprove (with changes or conditions) alternative emission
limitation demonstration periods and demonstration period plan petitions [ 407(d) &
76.10(f)(1)];
b. To approve or disapprove (with changes or conditions) requests for extensions of
the demonstration period [ 407(d) & 76.10(f)(1)(iv)]; and
c. To revise permits in order to extend alternative emission limitation demonstration
periods or to add applicable emission limitations under 76.5, 76.6, or 76.7 [
407(d) & 76.10(f)(1)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising authorities 1a, 1b, or 1c.
4. REDELEGATION AUTHORITY.
Authorities 1a, 1b, and 1c may be redelegated to the branch chief level.
5. ADDITIONAL REFERENCES.
a. Sections 407 & 408 of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, Public Law Number 101-549, 42 U.S.C. 7651f & 7651g.
b. Section 76.10 of 40 CFR Part 76.
c. Decision Memorandum, 5/25/94, Subject: Proposed Delegations of Authority:
Group 6 Acid Rain Delegations" approved by the Administrator on 6/30/94.
.R7-7-97. Emissions Averaging Plans
1. AUTHORITY.
a. To approve or disapprove (with changes or conditions) emissions averaging plans
involving only units located within a single EPA Region and revisions to such plans [
407(e) & 76.11 (c)]; and
b. To revise a permit in order to terminate emissions averaging plans [ 407(e) &
76.11(d)(3)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising these authorities.
4. REDELEGATION AUTHORITY.
These authorities may be redelegated to the branch chief level.
5. ADDITIONAL REFERENCES.
a. Sections 407 & 408 of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, Public Law Number 101-549, 42 U.S.C. 7651f & 7651g.
b. Sections 72.40 of 40 CFR Part 72 and 76.11 of 40 CFR Part 76.
c. Decision Memorandum, 5/25/94, Subject: Proposed Delegations of Authority:
"Group 6 Acid Rain Delegations" approved by the Administrator on 6/30/94.
.R7-7-98. Phase I NOx Compliance Extensions
1. AUTHORITY.
To approve or disapprove (with changes or conditions) Phase I NOx extension plans [
407(e) & 76.12(a)(i) & (c)].
2. TO WHOM DELEGATED.
Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
Unless consultation is waived, the Director, Air, RCRA, and Toxics Division, or
designee must consult with the Assistant Administrator for Air and Radiation or
designee before exercising this authority.
4. REDELEGATION AUTHORITY.
This authority may be redelegated to the branch chief level.
5. ADDITIONAL REFERENCES.
a. Sections 407 & 408 of the Clean Air Act, as amended by the Clean Air Act
Amendments of 1990, Public Law Number 101-549, 42 U.S.C. 7651f & 7651g.
b. Section 76.11 of 40 CFR Part 76.
c. Decision Memorandum, 5/25/94, Subject: Proposed Delegations of Authority:
"Group 6 Acid Rain Delegations" approved by the Administrator on 6/30/94.
.R7-7-116. Compliance Extensions
1. AUTHORITY.
a. To approve or disapprove compliance extensions for affected existing sources, using
criteria defined in 40 CFR 63.6, and pursuant to Section 112(d), 112(f) and 112(h) of
the Clean Air Act.
b. To determine compliance with nonopacity, opacity and visible emission standards,
using criteria defined in 40 CFR 63.6 and pursuant to Section 112 of the Clean Air
Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. Section 112 of the Clean Air Act.
b. 40 CFR Part 63.
c. Headquarters Delegation 7-116, Compliance Extensions.
.R7-7-117. Approval of Site-Specific Test Plans
1. AUTHORITY.
To approve or disapprove site-specific test plans submitted prior to conducting a
required performance test pursuant to Section 112(d), 112(f), and 112(h) of the Clean
Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. 40 CFR 63.7(c) and 40 CFR 63.7(d).
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-117, Approval of Site-Specific Test Plans.
.R7-7-118. Construction and Reconstruction
1. AUTHORITY.
To approve or disapprove applications for construction of new sources or
reconstruction of existing sources applicable to National Emission Standards for
Hazardous Air Pollutants under 40 CFR Part 63 pursuant to Section 112(d), 112(f),
112(h), and 112(i) of the Clean Air Act. The approval of construction or
reconstruction will be based on criteria contained in 40 CFR 63.5.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. Section 112 of the Clean Air Act.
b. 40 CFR 63.5.
c. Headquarters Delegation 7-118, Construction and Reconstruction.
.R7-7-119. Performance Test
1. AUTHORITY.
To approve the use of a reference method with minor changes in test methodology, to
approve shorter sampling times and smaller sampling volumes when necessitated by
process variables, to waive the requirement for a performance test pursuant to Section
111(f), 111(h), 112(d), 112(f) and 112(h) of the Clean Air Act if the owner or operator
of an affected source has demonstrated by other means that the affected source is in
compliance.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. 40 CFR 63.7(e)(2)(i), 40 CFR 63.7(e)(2)(iii), 40 CFR 63.7(e)(2)(iv), and 63.7(h).
b. 40 CFR 61.13(h)(1)(i) and, 40 CFR 61.13(h)(1)(iii).
c. 40 CFR 60.8(b)(1), 40 CFR 60.8(b)(4), and 40 CFR 60.8(b)(5).
d. Section 111 of the Clean Air Act.
e. Section 112 of the Clean Air Act.
f. Headquarters Delegation 7-119, Performance Test.
g. This delegation, Performance Test, and the delegation titled Alternative Methods
(R7-7-121) supersede, Regional Delegation R7-7-14, TN 58, 1/1/95.
.R7-7-120. Approval of Site-Specific Performance Evaluation Test Plan
1. AUTHORITY.
To approve or disapprove site-specific performance evaluation test plans submitted
before conducting a required Continuous Monitoring System (CMS) performance
evaluation pursuant to Section 112(d), 112(f) and 112(h) of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. 40 CFR 63.8(c)(1)(iii), 40 CFR 63.8(e)(1), and 40 CFR 63.8(e)(3).
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-120, Approval of Site-Specific Performance Evaluation
Test Plan.
.R7-7-121. Alternative Methods
1. AUTHORITY.
To approve or disapprove alternatives to any monitoring methods required under 40
CFR Part 60, 61, or 63 pursuant to Section 111(f), 111(h), 112(d), 112(f) and 112(h)
of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. 40 CFR 60.8(b)(2) and 40 CFR 60.8(b)(3).
b. 40 CFR 61.13(h)(1)(ii).
c. 40 CFR 63.6(g), 40 CFR 63.7(e)(2)(ii), 40 CFR 63.7(f), and 40 CFR 63.8(f).
d. Section 111 of the Clean Air Act.
e. Section 112 of the Clean Air Act.
f. Headquarters Delegation 7-121, Alternative Methods.
g. This delegation, Alternative Methods, and the delegation titled Performance Test
(R7-7-119) supersede Regional Delegation R7-7-14, TN 58, 1/1/95.
.R7-122. Adjustment to Time Periods for Submitting Reports
1. AUTHORITY.
To approve or disapprove an adjustment of a time period or postmark deadline for
submittal of required information (without changing the frequency of reporting)
pursuant to Section 112(d), 112(f), and 122(h) of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. 40 CFR 63.9(i) and 63.10(a).
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-122, Adjustment to Time Periods for Submitting
Reports.
.R7-7-123. Reduced Frequency of Reporting
1. AUTHORITY.
To approve or disapprove a reduction in the frequency of reporting of excess emissions
and continuous monitoring system performance (and summary) reports required to
comply with a relevant standard (from quarterly, or more frequent, to semiannual)
pursuant to Section 112(d), 112(f) and 112(h) of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. 40 CFR 63.10(e)(3)(ii) and (e)(3)(iii).
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-123, Reduced Frequency of Reporting.
.R7-7-124. Waiver of Recordkeeping or Reporting Requirements
1. AUTHORITY.
To approve or disapprove requests to waive recordkeeping or reporting requirements
pursuant to Section 112(d), 1112(f) and 112(h) of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA and Toxics Division.
3. LIMITATIONS.
Approval of any waiver shall not abrogate the Administrator's authority under the Act
or in any way prohibit the Administrator from later canceling the waiver.
4. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
5. ADDITIONAL REFERENCES.
a. 40 CFR 63.10(f).
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-124, Waiver of Recordkeeping or Reporting
Requirements.
.R7-7-125. Implementation of the Early Reductions Rule
1. AUTHORITY.
Per Early Reduction Rule established in 40 CFR 63, Subpart D and pursuant to Section
112(i) of the Clean Air Act, this authority includes: (a) to approve or disapprove
enforceable commitments and emission reduction demonstrations submitted by
participants in the Early Reductions Program; (b) to determine the compliance status of
the approved enforceable commitments and to take appropriate enforcement actions;
and (c) to grant compliance extensions to sources successfully demonstrating achieving
qualifying early reductions of hazardous air pollutant emissions.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
The Director, Air, RCRA, and Toxics Division shall consult with the Regional Counsel
before exercising any of these authorities.
4. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
5. ADDITIONAL REFERENCES.
a. 40 CFR 63.71 - 63.81.
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-125, Implementation of the Early Reductions Rule.
.R7-7-126. Issuance of Specialty Permits Under Early Reductions Program
1. AUTHORITY.
To issue specialty Title V permits under 40 CFR Part 71, Subpart B and pursuant to
Section 112(i) of the Clean Air Act, which establishes alternative emission limitations
for sources that have successfully demonstrated achieving early reductions under the
Early Reductions Program.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. LIMITATIONS.
The Director, Air, RCRA, and Toxics Division shall consult with the Regional Counsel
prior to exercising this authority.
4. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
5. ADDITIONAL REFERENCES.
a. 40 CFR 71.21 - 71.27.
b. Section 112 of the Clean Air Act.
c. Headquarters Delegation 7-126, Issuance of Specialty Permits Under Early
Reductions Program.
.R7-7-127. Applicability Determinations
1. AUTHORITY.
To issue determinations pertaining to applicability of a source to 40 CFR Parts 60, 61,
and 63 and pursuant to Section 111(b), 111(d), 111(f), 111(h), 112(d), 112(f) and
112(h) of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA, and Toxics Division.
3. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
4. ADDITIONAL REFERENCES.
a. Sections 111 of the Clean Air Act.
b. Sections 112 of the Clean Air Act.
c. 40 CFR 60.5 and 61.06.
d. Headquarters Delegation 7-127, Applicability Determinations.
e. This delegation, Applicability Determinations, supersedes Regional Delegation
R7-7-15, TN 58, 1/1/95.
.R7-7-128. Establishment of Monitoring Parameters To Demonstrate Compliance
1. AUTHORITY.
To approve or disapprove operating parameters, values or levels, and procedures which
are used to demonstrate compliance with standards promulgated at 40 CFR Part 63 and
pursuant to Section 112(d), 112(f) and 112(h) of the Clean Air Act.
2. TO WHOM DELEGATED.
This authority is delegated to the Director, Air, RCRA and Toxics Division.
3. LIMITATIONS.
The Assistant Administrator for Enforcement and Compliance Assurance will exercise
this authority in multi-Regional cases or cases of national significance. In addition, the
Assistant Administrator for Enforcement ad Compliance Assurance or his redelegatee
must notify any affected Regional Administrators or their redelegatees when exercising
the above authority.
4. REDELEGATION AUTHORITY.
This authority may be redelegated to the Branch Chief level or equivalent.
5. ADDITIONAL REFERENCES.
a. Section 112 of the Clean Air Act.
b. 40 CFR 63.463(f)(1)(ii), 63.453(g).
c. Headquarters Delegation 7-128, Establishment of Monitoring Parameters to
Demonstrate Compliance.
.R7-7-500. Employment Effects; Hearings and Investigation; Subpoenas; Findings of Fact,
Recommendations Pursuant to Section 321 of the Clean Air Act, as Amended
1. AUTHORITY.
Pursuant to Section 321, in connection with the request from Local 1744 of the
Chemical Workers Basic Union regarding NL Industries Incorporated in St. Louis,
Missouri, to investigate actual or potential employment effects which are allegedly the
result of any requirement imposed or proposed to be imposed under the Act; to give
notice and conduct hearings on actual or potential effects of such requirements on
employment; to deny a hearing where reasonable grounds for holding such a hearing do
not exist; to require the parties to present information at hearings and to issue
subpoenas in connection with investigations and/or hearings conducted; to make
findings of fact as to the effect of requirements imposed under the Clean Air Act on
employment and, based upon these findings, to make appropriate recommendations.
2. TO WHOM DELEGATED.
Regional Counsel.
3. LIMITATIONS.
This authority was delegated by the Administrator to the Assistant Administrator for
Enforcement and Regional Administrator, Region VII concurrently. Exercise of this
authority by the Regional Counsel must be coordinated in advance with the Director,
Division of Stationary Source Enforcement. This authority is to be exercised solely in
connection with activities occurring by NL Industries Incorporated in St. Louis,
Missouri.
4. REDELEGATION AUTHORITY.
Further redelegation is not authorized.REGIONAL DELEGATIONS MANUAL
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