---
kind: "section"
citation: "40 C.F.R. § 63.10691"
title: "40"
number: "63.10691"
heading: "Who implements and enforces this subpart?"
url: "https://uscodex.org/cfr/40/63.10691"
---

# §63.10691. Who implements and enforces this subpart?

- (a) This subpart can be implemented and enforced by the EPA or a delegated authority such as a State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that Agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency.
- (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under [40 CFR part 63](/cfr/40/part63.md), [subpart E](/cfr/40/subpartE.md), the authorities contained in [paragraph (c)](#c) of this section are retained by the Administrator and are not transferred to the State, local, or tribal agency.
- (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in [paragraphs (c)(1) through (6)](#c-1..c-6) of this section.
  - (1) Approval of an alternative non-opacity emissions standard under [40 CFR 63.6(g)](/cfr/40/63.6.md?p=g).
  - (2) Approval of an alternative opacity emissions standard under [§ 63.6(h)(9)](/cfr/40/63.6.md?p=h-9).
  - (3) Approval of a major change to test methods under § [63.7(e)(2)(ii)](/cfr/40/63.7.md?p=e-2-ii) and [(f)](/cfr/40/63.7.md?p=e-2-f). A “major change to test method” is defined in [40 CFR 63.90](/cfr/40/63.90.md).
  - (4) Approval of major change to monitoring under [40 CFR 63.8(f)](/cfr/40/63.8.md?p=f). A “major change to monitoring” is defined in [40 CFR 63.90](/cfr/40/63.90.md).
  - (5) Approval of a major change to recordkeeping/reporting under [40 CFR 63.10(f)](/cfr/40/63.10.md?p=f). A “major change to recordkeeping/reporting” is defined in [40 CFR 63.90](/cfr/40/63.90.md).
  - (6) Approval of a program for the removal of mercury switches under [§ 63.10685(b)(2)](/cfr/40/63.10685.md?p=b-2).

## Notes

### Source

Source: 72 FR 74111, Dec. 28, 2007, unless otherwise noted.

### Authority

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

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.