---
kind: "section"
citation: "40 C.F.R. § 63.1097"
title: "40"
number: "63.1097"
heading: "Who implements and enforces this subpart?"
url: "https://uscodex.org/cfr/40/63.1097"
---

# §63.1097. Who implements and enforces this subpart?

- (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable 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. Contact the applicable EPA Regional Office to find out if this subpart is delegated.
- (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 [paragraphs (b)(1) through (5)](#b-1..b-5) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency.
  - (1) Approval of alternatives to the nonopacity emissions standards in §§ [63.1085](/cfr/40/63.1085.md), [63.1086](/cfr/40/63.1086.md) and [63.1095](/cfr/40/63.1095.md), under [§ 63.6(g)](/cfr/40/63.6.md?p=g). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart.
  - (2) [Reserved]
  - (3) Approval of major changes 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) and as defined in [§ 63.90](/cfr/40/63.90.md).
  - (4) Approval of major changes to monitoring under [§ 63.8(f)](/cfr/40/63.8.md?p=f) and as defined in [§ 63.90](/cfr/40/63.90.md).
  - (5) Approval of major changes to recordkeeping and reporting under [§ 63.10(f)](/cfr/40/63.10.md?p=f) and as defined in [§ 63.90](/cfr/40/63.90.md).

## Notes

### Source

Source: 67 FR 46271, July 12, 2002, unless otherwise noted.

### Authority

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

### Source

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