---
kind: "section"
citation: "40 C.F.R. § 52.2173"
title: "40"
number: "52.2173"
heading: "Legal authority."
url: "https://uscodex.org/cfr/40/52.2173"
---

# §52.2173. Legal authority.

- (a) The requirements of [§ 51.230(f)](/cfr/40/51.230.md?p=f) of this chapter are not met since the South Dakota Compiled Law 34-16A-21 provides that data which relates to processes or production unique to the owner or which tend to adversely affect a competitive position of the owner shall be held confidential.
- (b) **Delegation of authority—** Pursuant to section 114 of the Act, South Dakota requested a delegation of authority to enable it to collect, correlate and release emission data to the public. The Administrator has determined that South Dakota is qualified to receive a delegation of the authority it requested. Accordingly, the Administrator delegates to South Dakota his authority under [sections 114(a)](/cfr/40/114.md?p=a) (1) and (2) and section 114(c) of the Act, i.e., authority to collect, correlate, and release emission data to the public.

## Notes

### Amendments

[37 FR 15089, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Amendments

[40 FR 5521, Feb. 6, 1975]

### Amendments

[37 FR 15089, July 27, 1972, as amended at 51 FR 40676, Nov. 7, 1986]