---
kind: "section"
citation: "40 C.F.R. § 63.9070"
title: "40"
number: "63.9070"
heading: "Who implements and enforces this subpart?"
url: "https://uscodex.org/cfr/40/63.9070"
---

# §63.9070. Who implements and enforces this subpart?

- (a) This subpart can be implemented and enforced by us, the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, as well as U.S. EPA, 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 your State, local, or tribal agency.
- (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section [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 of U.S. EPA and are not transferred to the State, local, or tribal agency.
- (c) The authorities in [paragraphs (c)(1) through (4)](#c-1..c-4) of this section that cannot be delegated to State, local, or tribal agencies are as follows.
  - (1) Approval of alternatives to requirements in §§ [63.8980](/cfr/40/63.8980.md), [63.8985](/cfr/40/63.8985.md), [63.8990](/cfr/40/63.8990.md), [63.8995](/cfr/40/63.8995.md), and [63.9000](/cfr/40/63.9000.md).
  - (2) 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).
  - (3) 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).
  - (4) 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: 68 FR 19090, Apr. 17, 2003, unless otherwise noted.

### Authority

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

### Source

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