---
kind: "section"
citation: "40 C.F.R. § 60.539a"
title: "40"
number: "60.539a"
heading: "Who implements and enforces this subpart?"
url: "https://uscodex.org/cfr/40/60.539a"
---

# §60.539a. Who implements and enforces this subpart?

- (a) Under section 111(c) of the Clean Air Act, the Administrator may delegate the following implementation and enforcement authority to a state, local or tribal authority upon request:
  - (1) Enforcement of prohibitions on the installation and operation of affected wood heaters in a manner inconsistent with the installation and owner's manual;
  - (2) Enforcement of prohibitions on operation of catalytic wood heaters where the catalyst has been deactivated or removed;
  - (3) Enforcement of prohibitions on advertisement and/or sale of uncertified model lines;
  - (4) Enforcement of prohibitions on advertisement and/or sale of affected heaters that do not have required permanent label;
  - (5) Enforcement of proper labeling of affected wood heaters; and
  - (6) **Enforcement of compliance with other labeling requirements for affected wood heaters.**
  - (7) Enforcement of certification testing procedures;
  - (8) Enforcement of requirements for sealing of the tested heaters and meeting parameter limits; and
  - (9) **Enforcement of compliance requirements of EPA-approved laboratories.**
- (b) Delegations shall not include:
  - (1) Decisions on certification;
  - (2) Revocation of certification;
  - (3) Establishment or revision of standards;
  - (4) Establishment or revision of test methods;
  - (5) Laboratory and third-party certifier approvals and revocations;
  - (6) Enforcing provisions governing content of owner's manuals; and
  - (7) **Hearings and appeals procedures.**
- (c) Nothing in these delegations will prohibit the Administrator from enforcing any applicable requirements.
- (d) Nothing in these delegations will limit delegated entities from using their authority under section 116 of the Clean Air Act to adopt or enforce more restrictive requirements.

## Notes

### Source

Source: 80 FR 13702, Mar. 16, 2015, unless otherwise noted.

### Authority

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

### Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.