---
kind: "section"
citation: "40 C.F.R. § 63.11099"
title: "40"
number: "63.11099"
heading: "Who implements and enforces this subpart?"
url: "https://uscodex.org/cfr/40/63.11099"
---

# §63.11099. Who implements and enforces this subpart?

- (a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as the applicable State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or tribal agency.
- (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under [subpart E](/cfr/40/subpartE.md) of this part, the authorities specified in [paragraph (c)](#c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or tribal agency.
- (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in [paragraphs (c)(1) through (5)](#c-1..c-5) of this section.
  - (1) Approval of alternatives to the requirements in [§§ 63.11086 through 63.11088](/cfr/40/63.11086..63.11088.md) and [§ 63.11092](/cfr/40/63.11092.md). Any owner or operator requesting to use an alternative means of emission limitation for storage vessels in Table 1 to this subpart must follow either the provisions in [§ 60.114b](/cfr/40/60.114b.md) of this chapter if you are complying with options 2(a), 2(b), or 2(c) in Table 1 to this subpart, or the provisions in [§ 63.1064](/cfr/40/63.1064.md) if you are complying with option 2(d) in Table 1 to this subpart.
  - (2) Approval of major alternatives 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), as defined in [§ 63.90](/cfr/40/63.90.md), and as required in this subpart.
  - (3) Approval of major alternatives to monitoring under [§ 63.8(f)](/cfr/40/63.8.md?p=f), as defined in [§ 63.90](/cfr/40/63.90.md), and as required in this subpart.
  - (4) Approval of major alternatives to recordkeeping and reporting under [§ 63.10(f)](/cfr/40/63.10.md?p=f), as defined in [§ 63.90](/cfr/40/63.90.md), and as required in this subpart.
  - (5) **Approval of an alternative to any electronic reporting to the EPA required by this subpart.**

## Notes

### Amendments

[73 FR 1933, Jan. 10, 2008, as amended at 89 FR 39383, May 8, 2024]

### Source

Source: 73 FR 1933, Jan. 10, 2008, unless otherwise noted.

### Authority

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

### Source

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

### Amendments

[73 FR 1933, Jan. 10, 2008, as amended at 89 FR 39383, May 8, 2024]