---
kind: "section"
citation: "40 C.F.R. § 63.868"
title: "40"
number: "63.868"
heading: "Delegation of authority."
url: "https://uscodex.org/cfr/40/63.868"
---

# §63.868. Delegation of authority.

- (a) In delegating implementation and enforcement authority to a State under section 112(d) of the Clean Air Act, the authorities contained in [paragraph (b)](#b) of this section must be retained by the Administrator and not transferred to a State.
- (b) The authorities which will not be delegated to States are listed in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section:
  - (1) Approval of alternatives to standards in [§ 63.862](/cfr/40/63.862.md) under [§ 63.6(g)](/cfr/40/63.6.md?p=g).
  - (2) Approval of a major change to 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) and as 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) and as 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) and as defined in [§ 63.90](/cfr/40/63.90.md).

## Notes

### Amendments

[66 FR 3193, Jan. 12, 2001, as amended at 82 FR 47353, Oct. 11, 2017]

### Source

Source: 66 FR 3193, Jan. 12, 2001, unless otherwise noted.

### Authority

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

### Source

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

### Amendments

[66 FR 3193, Jan. 12, 2001, as amended at 82 FR 47353, Oct. 11, 2017]