---
kind: "section"
citation: "40 C.F.R. § 63.11399"
title: "40"
number: "63.11399"
heading: "Who implements and enforces this subpart?"
url: "https://uscodex.org/cfr/40/63.11399"
---

# §63.11399. 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 a State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency pursuant to [40 CFR part 63](/cfr/40/part63.md), [subpart E](/cfr/40/subpartE.md), then that Agency has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency within your State.
- (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 approval authorities contained in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency.
  - (1) Approval of an alternative non-opacity emissions standard under [§ 63.6(g)](/cfr/40/63.6.md?p=g).
  - (2) Approval of a major change to a test method 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 [§ 63.90](/cfr/40/63.90.md).
  - (3) Approval of a major change to monitoring under [§ 63.8(f)](/cfr/40/63.8.md?p=f). A “major change to monitoring” is defined in [§ 63.90](/cfr/40/63.90.md).
  - (4) Approval of a major change to recordkeeping/ reporting under [§ 63.10(f)](/cfr/40/63.10.md?p=f). A “major change to recordkeeping/reporting” is defined in [§ 63.90](/cfr/40/63.90.md).

    As required in [§ 63.11397(a)](/cfr/40/63.11397.md?p=a), you must comply with the requirements of the NESHAP General Provisions ([40 CFR part 63](/cfr/40/part63.md), [subpart A](/cfr/40/subpartA.md)) as shown in the following table.


## Notes

### Amendments

[72 FR 38899, July 16, 2007, as amended at 73 FR 15928, Mar. 26, 2008]

### Source

Source: 72 FR 38899, July 16, 2007, unless otherwise noted.

### Authority

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

### Source

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

### Amendments

[72 FR 38899, July 16, 2007, as amended at 73 FR 15928, Mar. 26, 2008]