SERA
              United States
              Environmental Protectron
              Agency
              Enforcement And
              Compliance Assurance
              (2223A>
EPA  305-B-99-004
February 1999
How To Review And  Issue
Clean Air  Act
Applicability  Determinations
And  Alternative  Monitoring
              New Source Performance Standards
              National Emission Standards for
              Hazardous Air Pollutants

                    T?
                    \'

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                   How to Review and Issue
                         Clean Air Act
Applicability Determinations and Alternative Monitoring

                                for

               New Source Performance Standards
   National Emission Standards for  Hazardous Air  Pollutants
                            February 1999
               Manufacturing, Energy, and  Transportation Division
                          Office of Compliance
                Office of Enforcement and Compliance  Assurance
                    U.S. Environmental Protection Agency
                           40 1 M Street, SW
                         Washington,  DC 20460

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                                         DISCLAIMER

The  statements in this  document are  intended  solely as guidance. This document  is not intended,
nor can it  be  relied  on,  to  create any rights enforceable by any party  in litigation with the United
States. The U.S.  Environmental  Protection Agency  (EPA)  and  State  officials may  decide  to
follow the  guidance  provided in  this document, or to act at variance  with the  guidance, based on
an  analysis of specific-site circumstances. This guidance may be Revised without public notice  to
reflect changes in EPA's  policy.
                                                11

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                                  Executive  Summary
A critical aspect of implementing the New  Source Performance  Standards (NSPS) and National
Emission Standards for Hazardous Air  Pollutants  (NESHAP)  under the  Clean Air  Act (CAA)  is
responding  to  requests for  applicability  determinations and  monitoring  alternatives.  The
Environmental  Protection  Agency  (EPA,  or  the  Agency)  currently issues  over  100 memoranda
per year pertaining  to NSPS  and NESHAP applicability  and  monitoring  requirements,  and
handles countless  telephone  and  electronic  mail  requests. Given this volume  of activity, the
reorganizations  across  the Agency, and the  large number of new NESHAP regulations,  the
challenge to  ensure  nationally consistent  responses  is  greater than ever.

This guidance  on How to  Review and  Issue  CAA  Applicability Determinations  and  Alternative
Monitoring clarifies  the necessary  roles  and procedures  for  issuing  nationally  consistent
responses.  It is directed  to  Agency  staff and management involved  in responding to  NSPS  and
NESHAP  applicability  and monitoring questions.  This  guidance will   also  be a  useful tool for
personnel in  State and Local Agencies involved in implementing  the NSPS  and  NESHAP.

Today's guidance  is the  culmination of  three Agency initiatives  on  implementation of the NSPS
and  NESHAP   programs. This  guidance  addresses recommendations   from  a review of the
Applicability  Determination Index  (ADI)  performed  by the  Manufacturing,  Energy,  and
Transportation Division (METD) issued on  July 23,1998. Today's  guidance also responds  to  a
need identified  at  the  1997 Air Toxics Implementation Working  Meeting  for guidance on how  to
develop applicability  determinations.  Third,  today's guidance  reflects a July 10,  1998 policy
from the  Office of Air Quality Planning and Standards (OAQPS) on which discretionary
authorities in the  Part  63 NESHAP General  Provisions may be delegated  to  State  and Local
Agencies.

For purposes of this guidance,  applicability  determinations under  the  NSPS (40 CFR  Part 60),
NESHAP (40 CFR Parts 61 and 63), and CAA section 11 l(d) (40 CFR Part 60,  subparts  B & C)
programs  are source-specific,  written responses to  questions on  whether certain  equipment  or
activities are subject to the  regulations.  Applicability  determinations  are  issued by  persons
holding delegated  authority within  State  or  Local  Agencies,  EPA Regional Offices or EPA
Headquarters.    State  and Local Agencies are the first stop for questions from the  public on
applicability.   EPA  Regional  Offices have the  primary role  within EPA  for  providing
                                               in

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Executive Summary,  continued
applicability  determinations when  an  EPA response  is  necessary.  There  are  also  four  divisions  in
Headquarters'  delegated  the   authority to  issue  NSPS  and  NESHAP  applicability   determinations.

Requests  for  alternative  monitoring also  must  be approved  or  disapproved  in writing  by persons
delegated  such  authority.  Within  EPA,  only  the  Regional Offices  are delegated  the  authority to
issue   alternative  monitoring   for  the   NSPS  and NESHAP.  However,  Headquarters  provides
assistance to  Regional Offices in  their development  of responses  as  necessary. The  role  of  State
and  Local Agencies  in  the  review and  approval  of alternative  monitoring has  generally  been
limited  to reviewing  minor  changes  in  monitoring  methodology;  however,  the  degree  of
delegation  varies.  Pursuant to  the July  10,  1998 policy  statement by OAQPS and  today's
guidance,  delegations  of  authority to   issue  intermediate alternatives  to  monitoring  may also  be
delegated  to  State  and  Local Agencies   under  certain  conditions.

Today's  guidance  fulfills  the  following  needs  for  implementation  of  the NSPS  and NESHAP
program  identified by METD's  review of the  ADI, and the  1997 Air  Toxics  Working  Meeting:

•       basic  terminology is  clarified,   such   as  what constitute  applicability  determinations,
        monitoring  alternatives,   and  regulatory   interpretations;

•       delegated  authorities   and  lead  offices  for  issuing  applicability  determinations  and
        alternative   monitoring  responses   are   identified;

»       procedures  for  handling  informal  requests,  such   as   telephone  inquiries   and  electronic
        mail,  are  presented;

«       consultation  procedures  for   use   in  the   development   of  applicability  determinations  and
        alternative   monitoring  responses   are   established;

«       necessary   steps   in   issuing  applicability determinations  are   identified;  and,

«       drafting  pointers  to   improve the  clarity of  applicability  determinations  and  alternative
        monitoring  responses  are  provided.
        'The  Manufacturing,  Energy   and  Transportation  Division   (METD),   the   Chemical,
Commercial  Services   and  Municipal   Division  (CCSMD),  and  the  Agriculture  and  Ecosystems
Division (AgED)  in  the  Office  of Compliance  (OC),  and the  Air Enforcement  Division  (AED)  in.
the  Office  of  Regulatory Enforcement  (ORE).  Both  OC and  ORE  are in  the  Office  of
Enforcement  and   Compliance  Assurance   (OECA).  (See  Attachment  5,  "Organizational   Charts.")

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Executive Summary,  continued
Further,  today's  guidance  answers  basic  questions  on how  the  applicability  and  monitoring
review  process  will  interface  with  operating  permits; discusses   Small  Business  Regulatory
Enforcement  Fairness  Act  (SBREFA)  requirements  as  they  pertain  to  informal  Agency  responses
on  applicability  and  monitoring;  and  provides  guidance  on  responding  to  applicability  inquiries
posed  after the action  in  question  has already  occurred  (post  hoc situations).

Today's  guidance  also  sets  forth new  policy  in several  areas.  This  guidance:

•       allows  consistency  between the  new  Part  63 and  existing Part  60 and  61 programs in the
        delegation  of authority  to  State  and Local Agencies  for  applicability  determinations and
        alternative    monitoring;

•       incorporates new  time  frames  for OECA  and OAQPS  for  reviewing  draft  applicability
        determinations   and  monitoring   responses;

•       provides  consultation  procedures  for  OAQPS  in  the  drafting  of regulatory   interpretations
        on NSPS and NESHAP applicability;

•       establishes  OC  sector leads  as  the focal  points and leads within OECA for  questions  on
        NSPS  and  NESHAP applicability;

t       sets  forth  OC's  new  policy  of  publishing notification  of  availability  of applicability
        determinations  in   the  Federal  Register.
Implementation  of this  guidance  should  improve  accuracy  and  clarity  of  applicability
determinations  and  alternative   monitoring  responses.  Adherence  to  the  policies  and  principles
presented  will  ensure  national  consistency  in  the  implementation of  the  NSPS  and NESHAP
programs.

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                                           Contents
Section  1      Background	        1
Section  2      Description ofTerms	           3
                      Overview;   Applicability   Determinations;   Regulatory   Interpretations;
                      Alternative  Monitoring;   Alternative   Testing;  Informal  Discussions;
                      Other  Revisions,  Waivers  and  Extensions

Section  3      Interface with Title V Operating Permits	  11
                      Overview
                      Applicability  Determinations  and  Title  V  Operating   Permits
                      Changes  to Monitoring  and Title  V Operating Permits

Section  4      Who has Authority,  Overview	'	      13
        4.1    Delegated Authorities within EPA	        13
                      Applicability    Determinations;    Regulatory   Interpretations;
                      Alternative  Monitoring;  Alternative  Testing
                      Table: Delegations of Authority within EPA	 18

        4.2    Delegations to State  and  Local Agencies	         19
                      Delegable   Authorities
                      Nature  of  State  Determinations
                      Delegation   Process

Section  5      Who has the Lead, Overview	         23
        5.1    Lead Offices for Applicability Determinations	  23
                      Whose Lead-State  or EPA Region
                      Whose  Lead-EPA  Regions  or  Headquarters
                      Lead  within   Headquarters
                      Requests-Where  to  Send
                      Diagram: Lead  Offices for Applicability Determinations	28
                      Responses-Type  and  Where  to  Send
                       Inset: Responding to Post Hoc Requests	  30

         5.2   Lead Offices for Regulatory Interpretations	  31

         5.3   Lead Offices for Alternative Monitoring	     32
                       Whose Lead-State  or  EPA  Region
                       Whose  Lead-EPA  Regions   or  Headquarters
                       Diagram: Sample Lead Offices for Changes in Monitoring	33
                       Where to Send Requests and  Issuance  of  Responses
                                                 VI

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Contents, continued
Section  6     EPA Consultations	     35
        6.1    Consultation Procedures for OECA	    36
        6.2    Consultation Procedures forOAQPS	         38
        6.3    Consultation Procedures for Regional Offices	     39
        Inset: Correspondence During Deliberations	41

Section  7     Informal Inquiries,:	          43
                     Overview
                     Responding to Phone  Inquiries
                     Responding to E-mail
                     SBREFA    Requirements

Section  8     Steps in Developing Applicability Determinations	  47
                     Overview;  The Eight  Steps

Section  9     Drafting Points for Applicability Determinations and
              Alternative  Monitoring  Responses	    51
                     Overview;   Drafting  Pointers

Attachments

        1      Part 63  Delegable  Authority  Memorandum.  "Delegation  of 40  CFR Part  63
              General  Provisions  Authorities  to  State  and  Local  Air Pollution Control Agencies,"
              from  John S. Seitz, Director Office  of Air  Quality Planning  and Standards,
              July 10,  1998

        2       Parts  60 and 61  Delegable Authorities  Memoranda for NSPS  and  NESHAP
              Applicability   Determinations   and   Alternative  Monitoring

        3      Selected  EPA  Delegations of Authority

        4      Applicability   Determination  Index  Update   Procedures

        5      OECA  and  OAQPS  Organizational  Charts

        6      NSPS  and  NESHAP  General  Contacts
                                              vn

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                                            Section   1

                                          Background
The  Environmental  Protection Agency  (EPA,  or the  Agency)  currently  issues  over  100  letters  or
memoranda  per year  on  Clean Air  Act  (CAA) applicability  or monitoring  issues under  the New
Source  Performance  Standards (NSPS)  and  the  National  Emission  Standards  for  Hazardous  Air
Pollutants  (NESHAP)  programs.  As  a  means  of  promoting  national  consistency,   EPA
Headquarters  has  maintained  a  compilation  of  EPA  applicability  determinations since  the first
determinations  were  issued  in the  early  1970's  .  Revisions  to  monitoring and recordkeeping
requirements   (alternative  monitoring)  are  also  part  of this  compilation.  These   memoranda are
currently  available  through  the  Applicability  Determination  Index  (ADI). The  ADI  is  an
electronic index  on  the  Internet  with  over one thousand  EPA memoranda   pertaining  to  the
applicability,   monitoring,   recordkeeping  and  reporting  requirements  of  the   NSPS   (40  CFR
Part  60)  and  NESHAP  (40  CFR Parts 6  1 and 63).  The  memoranda  may be  searched  by  date,
office,  subpart,  citation or  by string word searches.

As part of its  charge to oversee  the ADI, the  Manufacturing, Energy,  and Transportation Division
(METD)  in the  Office  of  Compliance (OC)  reviewed  the  NSPS  memoranda posted  on the  ADI
since  the  1994  reorganization of  the  larger  Office  of  Enforcement  and Compliance  Assurance
(OECA).  As  a  result of  the  review, METD  issued  a  report on July  23,  19982  which  identified
key  areas in which the  clarity  and  consistency  of applicability  determinations  and monitoring
alternatives  could  be  improved.  The  report  recommended  reinforcement  of  internal  consultation
procedures  and  adherence  to drafting  principles.

The  April  1997  Air  Toxics Implementation  Working  Meeting  at  Brown  Summit  also  identified  a
need  to enhance  the clarity  and  effectiveness  of  applicability determinations for  the Part  63
NESHAP  program.   That  working   group  recommended  the  development  of  guidance   clarifying  the
roles  and  steps  in  making   applicability  determinations, addressing  basic  issues  such as  what
constitutes  an applicability  determination,  and  which  office  has  the  lead  in  issuing   determinations.
        'Report   entitled,   "Review   of   the  Applicability  Determination   Index;  NSPS   Memoranda,"
issued  July 23,  1998.  by  John B.  Rasnic,  Director,  METD, OC.

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Section  1: Background, continued
On July  10,  1998,  the  Office of  Air  Quality  Planning  and  Standards (OAQPS)  issued  guidance
(Attachment  1)   on  the  extent to  which  applicability determination  and  alternative  monitoring
review  and approval  authority  for the Part 63  NESHAP  program may  be delegated to State and
Local   Agencies.  That  guidance   addresses  what  Part  63  General  Provisions   discretionary
authorities  may   be delegated to  State and Local Agencies  through  straight  delegation  of the
General Provisions.  The  Part 63  guidance  creates three categories  of changes to  monitoring  and
testing:  minor,  intermediate,  and  major.   The  guidance indicates that  the  authority  to  issue minor
and  intermediate  changes  in  monitoring,  and  applicability  determinations  may   be  delegated  to
State  and  Local Agencies,  given proper  notification,  oversight,  and  consideration  of  State  and
Local   capabilities.

The  Part   63  delegable  authorities  guidance  potentially allows  State  and  Local  Agencies  to be
delegated   greater  authority  for   applicability  determinations  and  monitoring  revisions  for   the
Part  63 program than was allowed under previous guidance  for the  Parts 60  and  61  programs.
EPA  Regional  Offices will  ultimately determine  the   extent  to  which  authority   to  issue
applicability  determinations  and   alternative  monitoring should  be  delegated  to any  one  particular
State  or Local   Agency.

Today's  guidance  on  How  to Review  and  Issue CAA  Applicability  Determinations  and
Alternative Monitoring for NSPS  and NESHAP  is designed to  address the  findings  of METD's
review  of  the ADI,  and  the  needs  identified  by the Air Toxics Implementation  Working  Meeting.
It  clarifies  the   roles,  consultation,  issuance,  and drafting procedures  for  the  development  of
applicability  determinations  and  alternative monitoring responses.  It  is  also reflective of  the
Part  63  delegable  authorities  guidance  by  providing  that EPA may  delegate   applicability
determination  and  alternative  monitoring   authority to  State  and  Local Agencies for  the  Parts  60
and 61 programs to the  same  extent  as  is allowed under  Part 63.   Ultimately,   today's  guidance
provides procedures by  which the Agency  can  ensure  nationally  consistent responses to
applicability  and  monitoring  inquiries in  the  NSPS  and  NESHAP  programs.

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                                          Section  2

                                Description  of  Terms
                  What  is  an  Applicability  Determination  or
                         Alternative   Monitoring    Response
Overview

This guidance  pertains  to the drafting  of CAA applicability  determinations  and alternative
monitoring responses under the NSPS  (40  CFR Part  60),  and the  NESHAP (40 CFR  Parts 61
and 63) programs. The procedures  as  they relate to  CAA section  11 l(d) plans,  under 40 CFR
Part 60 Subparts B  and  C,  which implement the Emission Guidelines (e.g..  for Municipal Waste
Combusters (MWCs) and  Municipal Landfills)  are also addressed.

This section  defines  the terms  "applicability  determination"  and "alternative  monitoring."  These
terms are distinguished from similar  authorities,  also defined in this  section, such as regulatory
interpretations,  alternative testing,  and  responses  to informal  inquiries.
Applicability  Determinations

The term "applicability  determination"  as used  in  this guidance refers  to  decisions issued
in  writing by  a  recipient of the  Administrator's  delegated  authority  as to whether  certain
activities by  a  specific  source would trigger applicability of the regulation  in  question.
Applicability  determinations involve  evaluation  of  whether  actions  taken  by the  source  constitute
construction,  reconstruction  or modification, and often  involve  a determination  of whether the
source meets the definition of the  regulated entity,  i.e..  the  affected facility for NSPS, the affected
source for Part  63, or the designated facility for section  11  l(d) plans.

The term "applicability  determination"  is being  used broadly in this guidance  as  shorthand for  a
variety  of written documents pertaining to  source-specific   applicability-related  issues,  for the
purpose  of  establishing  roles  and responsibilities  within the Agency.  Although  this  guidance

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Section 2:  Description of Terms  ~ Applicability  Determinations,  continued
restricts use  of the  term "applicability determination" to documents issued  by a  recipient  of the
Administrator's  delegated  authority,  many of these  documents  (such  as internal  EPA
memoranda)  would  not be  considered applicability  determinations in  the  legal  sense.  Precisely
speaking,  the  term  "applicability determination" is limited  to the Agency's  formal,  written
decisions, issued to a  source  in  response to  a question from that source,  regarding  source-specific
applicability  issues.  The broader  use of  the term in this  guidance, which  includes internal  EPA
memoranda  and responses to inquiries generated within a State  or Local Agency, is not  intended
to create  any legal  rights.

In some  instances,  regulations  contain  procedures that  source owners  or operators may use to
receive  a response  regarding applicability issues.  The General  Provisions  of  the  NSPS and
Part  61 NESHAP provide  at 40 CFR  Sections  60.5 and 61.06 that a source owner or operator can
request  a determination of whether certain  actions  constitute  construction (including
reconstruction),  modification,  or the  commencement thereof.

Although  the Part  63  NESHAP  and section  11  l(d) regulations  contain no specific regulatory
provision  that  sources  may  request  applicability determinations3,  EPA does  respond to  written
inquiries regarding  applicability for  the  Part  63 and section  11 l(d)  programs.  EPA  has  delegated
the authority to respond to such inquiries to the same persons within the Agency who are
delegated  the authority  to  issue  NSPS  and Part 61  NESHAP  determinations. Therefore,  today's
guidance  applies the term applicability  determination to the Part 63 and section  11 l(d)  programs
to mean  a  written  determination provided  by  a  recipient  of the Administrator's  delegated
authority as  to  whether a particular activity, facility,  or source  is  subject to the regulations.

Applicability determinations are issued in the  form  of a letter or memorandum from EPA,  or the
State or Local Agency to  which the program  has been  delegated,  and  must  be signed  bv a nerson
to whom  the authority has been delegated.

Applicability determinations may  be issued either  before  or after  the  action  in  question  has
occurred.  However,  the means for  responding  to inquiries  in the  post  hoc setting requires  special
consideration  given  the potential for an  enforcement action,  and  is  discussed separately  in
Section  5.1,  "Lead  Offices  for Applicability  Determinations."
        3The  Part  63 General  Provisions do use the term applicability determination  in sections
63.1 (b)(3)  & 63.10(b)(3). However, these  sections refer to decisions  made  by the Source that
they are not  subject to a  standard  under Part  63.  This source-generated  decision is distinct from
the applicability  determinations  discussed  in this document, which  are  issued  by the EPA  or a
delegated State  or Local Agency.

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Section 2:  Description  of Terms, continued
EPA  determinations  are posted  through  quarterly  updates  to  the  Applicability  Determination
Index (ADI), available on  the  Internet at:

        http://ttnwww.rtpnc.epa.gov/cfdocs/adiwww/adiwww.html-ssi

The  ADI is also  accessible through METD's home  page,  http://www.epa.gov/oeca/metd. A
description of the  ADI  update  procedures  is provided in Attachment  4.   In the future, EPA plans
to periodically post summaries of  the Agency's  applicability determinations  in  the  Federal
Register.

State  and Local Agency  determinations are  not  posted on the ADI, since  their programs to
implement Parts 60, 61 &  63  may  be more expansive  or more  stringent  than the  federal
regulations.  The EPA's Unified Air Toxics  Website  is being  expanded to contain  links to State
or Local  Agency  bulletin boards  for  Part 63  determinations.  The address  for  the  Unified  Air
Toxics Website is :    http://www.epa.gov/ttn/uatw
Regulatory  Interpretations

In contrast  to  applicability  determinations which are  source-specific,  EPA  receives numerous
inquiries about the broad  range of regulatory  requirements as  they  pertain to the whole  source
category. These  questions  may  pertain,  for  example, to the type  of testing,  monitoring,
recordkeeping or reporting that  applies to the source category,  such  as  how  often sources are
required to  sample fuel, or  what the  deadline  is for performance  testing. EPA's responses to
these  inquiries  can  broadly be characterized as regulatory interpretations.

Regulatory interpretations are issued in the  form of a letter,  memorandum,  or  guidance.  Such
interpretations are  typically  issued by either  the  division with  the lead for implementing  the
regulation (within  OECA  or Regional  Offices),  or  the lead Headquarters division  responsible for
drafting  the  regulation (within  OAQPS).  Legal  counsel  has also issued these  interpretations.
Regulatory interpretations  for the NSPS and  NESHAP  program are posted on the ADI.

It  may  not  always be easy  to  distinguish a  request for a regulatory interpretation pertaining to
applicability  criteria, from  a request for an  applicability determination.  In  such cases it  may  be
useful to request clarification from  the  source  if they are  in fact  requesting  a source-specific
applicability  determination  under sections 60.5  or 61.06, to ensure the  response is  issued  from an
office with  the  proper authority.

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Section 2: Description of Terms,  continued
Alternative  Monitoring

The  NSPS and  NESHAP programs allow sources  to  seek permission  to  use  monitoring  or
recordkeeping  which  is  different  from the promulgated  requirements. These  provisions  are  set
forth at 40 CFR 60.13(i), 61.14(g), 63.8(b)(l), 63.8(f) & 63.10(f). Although the  language in each
of these paragraphs varies  somewhat, they all allow alternatives  to  the  monitoring  requirements
ranging from  minor changes  in  monitoring  and recordkeeping,  to major  changes, including
entirely  different  monitoring   systems.  This   guidance will use  the  term "alternative
monitoring" to refer to any change in the promulgated monitoring and  recordkeeping
requirements,  regardless  of the magnitude of  the  change.  Bear  in  mind  that  changes  in
reporting requirements  may be necessary  as  a result of  alternative  monitoring.

Historically in the NSPS  and Part 61 NESHAP program,  EPA  reviews major changes in
monitoring, including those changes  which have broad application,  whereas  States  and
sometimes  Local  Agencies  review source-specific  minor changes.  However,  delegations  of
authority to State  and Local  Agencies vary.

The  Part 63  delegable authorities  guidance issued by  OAQPS on  July 10,  1998 (Attachment 1)
defines  and categorizes proposed  changes in  monitoring  as  minor,  intermediate, and major.
These terms are summarized as follows, but please  refer to Attachment 1  for a more complete
description of the terms.

•       Minor changes to monitoring are  those that have  no potential to decrease the stringency
        of  the compliance monitoring  measures, have no  national significance,  and are SOUTCe-
        specific.

•       Intermediate  changes to monitoring involve  a proven  technology,  and  apply  on a  site-
        specific  basis;  however, the proposal  may have  the potential  to be less stringent than the
        existing  monitoring. As such, proposed intermediate  changes in  monitoring  must
        undergo  a rigorous  review to ensure that any  approved changes do not  decrease the
        stringency of the compliance  or  enforcement measures.

•       Major changes to monitoring use  unproven technology  or procedures,  or  constitute  an
        entirely new method;  they  may  be site-specific or apply  broadly.   Proposed   major
        changes  also have the potential  to decrease the stringency of the  source's  monitoring.
        These  proposals must  also undergo rigorous review to  ensure  that they are  of the same or
        higher stringency  as the  method  or procedure specified in the applicable  regulation.

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Section 2:  Description  of Terms,  continued
Pursuant to the Part 63  delegable  authorities guidance, both  minor and  intermediate changes  in
monitoring may be  delegated  to State  and  Local  Agencies  with  appropriate oversight.  Today's
guidance  confirms  that Regions may delegate the  review  and  approval  of source-specific, minor
and  intermediate monitoring alternatives  for  the  NSPS  and Part 61  NESHAP, consistent  with the
Part 63  guidance  (see  Section 4.2,  "Delegations to State  and Local  Agencies").  This  constitutes
an  expansion  of authority  delegable to  States,  since  intermediate  changes  in monitoring  were  not
previously  delegable  to  States.

Requests  for  NSPS and  NESHAP alternative  monitoring are usually source-specific in nature;
however,  EPA has given broad approval to  some  monitoring alternatives for use  by any  source
which  meets  defined  criteria.  Alternative monitoring  is  typically  approved  or  disapproved in  a
letter or memorandum, signed by  a person  to whom  the  authority has been  delegated.

EPA has posted numerous  responses  to  requests for alternative  monitoring  on the ADI,  and some
alternative  methods with  broad  application have been  published in  the  Federal  Register.  Through
today's guidance,  EPA is confirming that Regional Offices  should continue to  post  Agency-
issued  alternative  monitoring  approvals  and  disapprovals on  the ADI. Further,  OAQPS  is
requesting  that  all  State-issued intermediate   changes in monitoring be  sent  to  the Emission
Monitoring and Analysis  Division  (see  Section  5.3  on "Where to Send  Requests and  Issuance  of
Responses").

Revisions to  State-adopted  and  EPA-approved section  11 l(d) plans for designated  facilities  are
permissible pursuant to  40 CFR 60.29.   Such  revisions require  EPA approval,  as  well  as notice
and  opportunity  for  public comment.

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Section 2:  Description  of Terms,  continued
Alternative  Testing

NSPS  and  NESHAP  provisions on alternative  testing are  found at  40  CFR  60.8(b),  61.13(h),
63.7(e)(2),  & 63.7(f).  Testing alternatives  may  be  source-specific,  or  may  apply broadly,  but
must  be signed by  a person to whom authority  has  been delegated.  Approvals  that  have  broad
application  have been published in  the  Federal  Register.  Testing   alternatives  are  currently
published  on the  Agency's  Technology   Transfer  Network  (TTN)  Emission  Measurement  Center
(EMC)  web  site,  under  "Methods."  The  Internet  address is:  http://www.epa.gov/ttn/emc

As with  alternative  monitoring, the  delegations  of authority  to  review  and  approve alternative test
methods  depend on  the  nature  of  the proposed  change,  including whether that  change is minor or
major. The   Part  63  delegable  authorities  guidance  (Attachment  1)  defines  changes  in  testing
based  on the new  three  levels of changes (minor,  intermediate, and  major).  Major  revisions  to
testing and  revisions of  a broad nature must  be reviewed  by EPA.  State or  Local Agency
authority  to  review  testing is   limited to  source-specific  minor  and  intermediate  changes.

Different  procedures  for  review and  approval   apply  for  testing  changes than  apply  for  monitoring
changes,  For example,  intermediate changes  to  testing  must  meet  EPA  Method  301  criteria;
whereas,  Method  301  is  not  used  to evaluate  monitoring changes.  Further,  major  changes  to  test
methods  may only  be  approved by  OAQPS;   whereas,  major changes  to monitoring are  approved
by  Regional Offices.  The  reader is  referred  to  Attachment  1 for  a more complete  description of
the three  levels of testing changes.

Since  there  are  different procedures  for  reviewing   alternative   testing  and  alternative  monitoring,
it is important to  understand whether a proposal involves the test method,  or the
monitoring  method.   Test  methods  are designated in  the  standard  as   the  means for  determining
compliance  with the  emission   standard during  a performance  test.  The  regulation  may  require
periodic  performance  tests,  or  where Continuous  Emission  Monitoring  Systems  (CEMS)  are
employed, may  specify  that  CEMS are the test method  (i.e.,  a designated  means of  determining
continuing   compliance  with  the emission  standard).   Proposed   changes  to  these  requirements   are
reviewed  under alternative  testing  authority.

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Section 2:  Description of Terms,  continued
Some  Part  63  NESHAP  regulations  specify  that  parameter  monitoring,  in  addition  to  a  specific
reference  test  method,  is used  to determine  compliance with  the standard.  Although  these
parameter  monitoring  requirements  are  means  for  determining  continuing  compliance  with  the
standard,  revisions  to  the  parameter  monitoring  requirements  would  be  reviewed  under
alternative  monitoring procedures.   The  alternative  testing procedures  would  be  used  to  review
revisions  to  the  performance test  method.

Revisions to State section  111  (d) plans  would  require  EPA approval  and notice and  opportunity
for  public  hearing.

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Section 2:  Description  of Terms, continued
Informal Discussions

States  and EPA  frequently receive  questions over  the  telephone, and  increasingly  via  electronic
mail  (e-mail),  related  to  applicability, monitoring  and recordkeeping requirements.  This type  of
correspondence is considered  an informal discussion, and  does not constitute a request for  a
determination.   Any answer provided in that forum is not  considered an  applicability
determination  or  alternative  monitoring  response.  Applicability  determinations  and   alternative
monitoring decisions  must  follow  the formal  process discussed in this  document.  Because
applicability  determinations and  alternative  monitoring decisions are  source-specific  and hinge
on the details of the  specific  situation, it is  necessary that  requests be in writing and not based on
hypothetical scenarios.  It is equally  important that the agency's  determination or approval be  in
writing, in response to  a specific fact-based written  request, and be signed  by a person to whom
authority has  been  delegated.
Other Revisions,  Waivers, and Extensions

The  NSPS  and NESHAP programs  provide  flexibility from the promulgated  requirements  in  a
number of ways,  as  specified  in  individual  subparts, the General Provisions, and the  statute itself.
Examples  include  compliance  extensions under  section  112(i)  of  the  CAA,  innovative
technology waivers for NSPS  under section  111 (j) of the  CAA,  and equivalency  determinations
for NESHAP  under section  112(h) of the CAA.  The level of  EPA review for these provisions is
reflected in  EPA's delegations  of authority,  and the method for application and approval varies as
specified  in  guidance or  regulations. Discussion of the many  means  of  adapting the regulations
to source-specific  conditions is beyond  the  scope of this  guidance.
                                                10

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                                           Section   3

                    Interface with Title V Operating Permits
Overview

The  CAA title  V operating  permit  program  provides  for  the  implementation  of all  CAA
requirements  that  have been  determined to apply  to  the  source.  This  section briefly  addresses  the
interface  between  the  operating  permit  program  and  the  NSPS/NESHAP applicability
determinations  and   monitoring   review   process.
Applicability Determinations and Title V  Operating Permits

In preparing  a title V permit application,  a source  must identify all of the applicable requirements
that  apply  to  the  source. As  such,  owners  or operators  may  find  it useful  to request a NSPS or
NESHAP applicability  determination. As described in Section  2, NSPS  and NESHAP
applicability  determinations  are   source-specific,  written  determinations,   signed  by   persons  to
whom authority has  been  delegated,  and  must  specifically address   whether  a particular activity  or
process is  subject  to  the  regulation in question.  The process  of  seeking an applicability
determination  under the  Parts  60,6 1,  or 63 programs  is, however,  a separate process from the
development  of  the   operating  permit.

If it  is  determined that an  operating permit does  not correctly reflect a source's  applicable
requirements,  EPA  has  several courses  of action  that may be taken. These  include  objecting to or
reopening the  permit  for  cause,  as appropriate.  In general,  an  operating  permit  shield regarding
Part  60, 6 1, or 63  requirements can only  be  created to the  extent  that  the  applicable requirements
are included  and  specifically   identified  in the  permit,  or  the  permit  includes a  written
determination  from  the  permitting  authority  that  specifically  identified  requirements  are   not
applicable  to  the   source.

Sources  should direct  any  questions  pertaining  to permitting obligations  to their  permitting
authority.  Questions on  the  applicability  of the NSPS or  NESHAP   should be  directed to  the
agency  delegated   the  authority   to  issue   applicability  determinations  (the  permitting  authority

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Section 3:  Interface  with Title V,  continued
should be  alerted,  if  not  already  involved).  Usually  States  are  the  first  stop  for  applicability
issues, as  discussed in  Section 5, "Who  has the Lead";  however, the extent  of delegation  varies.

Questions  of  first  impression which pertain  broadly  to  implementation of the  Part  70 program,
should be  directed by permitting  authorities  to  the  appropriate  EPA  Regional  Office,  which in
turn should discuss the questions with  EPA Headquarters.  Given  that  the  title  V  permitting
program  is  designed  to bring  applicable  regulations  together  in the  operating  permit,  it may
become challenging to  distinguish a title V  applicability  question from a  NSPS or NESHAP
applicability    question.

Given  the  close  tie  between the  programs,  OECA  and  OAQPS  (both the  Operating  Permits
Group  in  the  Information  Transfer  and Program Integration  Division  in  OAQPS,  and  the
Emission  Standards  Division in  OAQPS)  need  to  closely  coordinate  all  applicability-related
inquiries  which come  to  their  attention.
Changes  to Monitoring and Title V Operating Permits

The  NSPS  and NESHAP procedures for  reviewing  monitoring  changes continue to  be used  to
evaluate  and  approve  changes  in  monitoring  for sources with  operating  permits.  The  operating
permit must be  revised  to   incorporate  any  approved  changes  in  monitoring  requirements.
Alternative  monitoring  requirements  reviewed  and  approved  using  the  NSPS/NESHAP
alternative monitoring review  process  (as  provided  in  40  CFR  sections 60.13,6  1.14,63.8  &
63.10,  and  discussed  in this document)  become  applicable  requirements  which  must  be
incorporated  into the permit  in  place of  the  prior  monitoring  requirements.  For  changes  in
monitoring  which  are  approved  consistent  with  the  NSPS/NESHAP procedures  and  delegations,
the monitoring terms in  the  operating permit  may  generally be  revised  using  the minor  permit
modification procedures.
                                                 12

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                                           Section  4

                                   Who has Authority
Overview

This  section explains  who  is  delegated  the  Administrator's NSPS  and  NESHAP  authority  to
issue  applicability  determinations  and  approve  alternative  monitoring.  The   first  subsection  (4.1)
reflects  the  current delegations  of  authority  within EPA.  The  second subsection  (4.2)
summarizes  issues  pertaining to  delegations to  State  and  Local Agencies.  Information  on  who
among those agencies  delegated  authority  has the lead is addressed  in Section 5,  "Who has  the
Lead."
4.1. Delegated  Authorities within  EPA

The  text  and  table  which  follow  summarize  the  current  delegations of  the  Administrator's
authority   within  EPA  for  applicability   determinations  and   alternative  monitoring.   This
subsection also addresses  regulatory interpretations  and  alternative  testing,  to  distinguish  these
functions  from applicability  determinations  and  alternative   monitoring.   Delegations  of  the
Administrator's  authority  are compiled  in the  "EPA Delegations  Manual"  maintained  by  the
Office  of Administration  and Resources  Management,  and are  available  on  the Agency's  Intranet
at:

                                http://intranet.epa.gov/rmpolicy

The  relevant delegations  of  authority  are provided   in  Attachment 3.
                                                 13

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Section  4.1: Delegated Authorities within  EPA, continued
Applicability   Determinations

Applicability  Determination Delegation 7-  127 pertains to NSPS,  section  n l(d) plans  and
Part  61 & Part 63 NESHAP.

Delegation 7-  127  delegates  authority from  the  Administrator  to  Regional!  Administrators and  the
Assistant  Administrator  for  OECA.  Applicability  determination  authority   is  redelegated  within
OECA to division  directors and branch chiefs via memoranda dated  June  6,  1994, and
August 3 1,1995 (Attachment 3).

Applicability   determination  authority  is  delegated to:

       Regional  Offices-delegable to branch chief level or  equivalent, conditioned upon
       auarterlv  submission of summaries and conies of applicability determinations to the ADI.

       OECA/Office of Compliance  (OC)-delegated  to division  directors and  branch  chiefs in
       the  Manufacturing, Energy and  Transportation Division  (METD),   the  Chemical,
       Commercial  Services,  and Municipal Division  (CCSMD), and the  Agriculture  and
       Ecosystem  Division (AgED).

       OECA/Office of Regulatory  Enforcement (ORE)-delegated to  division  director  and
       branch chief in the Air Enforcement Division (AED).
                                             14

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Section 4.1: Delegated Authorities within EPA, continued
Regulatory   Interpretations

The  authority to issue regulatory  interpretations does not  require delegation,  per se.  It is part of
EPA's responsibility  in implementing the standards  to  resolve differing  views and  establish  a
definitive position  on the issue  at  hand by  issuing  a regulatory interpretation.

Regulatory  interpretations of the NSPS  and  NESHAP are most  often issued  by OAQPS or OC,
depending on the  nature of the question; however, Regional Offices, AED and  OGC  also issue
regulatory interpretations.  Early consultation between  offices should resolve any  concerns  about
which  office  would  best serve as the  lead.  Given the broad nature of regulatory interpretations,  it
is recommended that they  be issued from the  division  director  level or higher.
                                               15

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Section  4.1: Delegated  Authorities within  EPA,  continued
Alternative  Monitoring

Alternative  Methods  Delegation 7-121 pertains to NSPS, Part 61 & Part 63 NESHAP4.

Delegation  7-121,  authority  1 .a., delegates authority  from the Administrator to Regional
Administrators  (Attachment  3).

Alternative  Monitoring  authority  is  delegated  to:

       Regional  Offices,  delegable to branch  chief level  or equivalent.

       Unlike  previous  delegations  for alternative  monitoring  (superseded  delegation  7-14), the
       current  delegation makes  no distinction  between minor or major  revisions  to  monitoring,
       and delegates this authority in  whole to the Regional Offices only.
       "Revisions to  State section 11  l(d)  plans require adoption by the State, notice and
opportunity  for  public hearing,  and EPA approval.

                                               16

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Section 4.1:  Delegated Authorities within EPA,  continued
Alternative  Testing

Alternative Methods  Delegation  7-12  1,  and Performance Test Delegation 7- 119  pertain to NSPS,
Part 61 & Part 63  NESHAP4.

Delegation 7-  12  1,  authority  1  .b., delegates  authority for alternative testing from  the
Administrator  to the Director  of OAQPS.  Delegation  7-1  19 delegates  authority  for  minor
changes  in  test methodology and  waivers  from  the  Administrator  to  Regional  Administrators'
(Attachment  3).

Minor  Test  Revisions & Performance Test Waiver authority  is  delegated to:

               Regional  Offices, delegable  to the branch  chief  level  or  equivalent.


Alternative Test Method  authority  is  delegated  to:

               OAQPS,  office director,  delegable to the branch  chief level or equivalent.
        'Delegation  7- 12 1 will  be updated to  reflect the three levels  of testing changes described
in the Part  63 delegable  authorities guidance (Attachment 1) so as to delegate  authority  to  issue
intermediate  changes  in testing  to  Regional Offices.  (Intermediate  changes  would  be classified
as major changes  in  the  current delegations of authority, which may  currently  be  approved only
by  OAQPS.)

                                               17

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Section 4.1: Delegated Authorities within EPA, continued
                      Delegations  of Authority  within EPA
Authority
Applicability
D eter minations
Regulatory
Interpretations
Alternative
Monitoring
Minor Test
Changes &
Performance Test
Waivers
Alternative
Test Methods
[Minor & Major
Test Changes)
Delegation #
EPA 7-127
OECA
redelegations
6/94 and 8/95
not applicable
EPA 7-121
EPA 7-1 196
EPA 7-121
Application
NSPS
NESHAP
(Part 61 &63)
Section 11 l(d)
plans
all regulations
NSPS
NESHAP
(Part 61 &63)
NSPS
NESHAP
(Part 61 & 63)
NSPS
NESHAP
(Part61 & 63)
Persons Delegated
Regional Offices
OECA/OC:
METD
CCSMD
AgED
OECA/ORE:
AED
not applicable,
but usually issued by
OECA or OAQPS
Regional Offices
Regional Offices
OAQPS
       6The authority for minor changes to test methods will be folded into Delegation 7- 12 1,
Alternative Methods,  and  will be expanded  to  include  delegation of intermediate test changes to
Regional  Offices.
                                           18

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Section 4: Who has Authority,  continued
Section 4.2. Delegations to States and Local Agencies
Delegable Authorities

States, and  in  some  cases Local  Agencies,  are  typically  delegated those  authorities which do  not
alter  the stringency  of  the  standard,  which  do not require  Federal oversight  for  national
consistency,  and  which  do  not  require  Federal  rulemaking. EPA  developed  guidance  in  the
1980's (Attachment 2)7 on  the  types  of authorities which State  and  Local Agencies  should
exercise  for  the  NSPS  and Part  61  NESHAP  programs.  That  guidance  lists  specific  General
Provision  authorities which  should not  be  delegated  beyond EPA. The Part 63  delegable
authorities guidance  issued on  July 10,  1998  (Attachment 1) indicates which Part  63  General
Provision  authorities are and are  not  appropriate  to  delegate to  State or Local Agencies.

The   1998 Part  63 delegable  authorities guidance differs  slightly  from  the  1980's  guidance  on
NSPS  and Part  61 NESHAP in  that it  potentially allows  the  delegation of more  authority  to  State
and  Local  Agencies  for  applicability  determinations  and  alternative   monitoring.  The  1980's
guidance  recommended  that  State  or  Local  Agencies  perform  only  routine  applicability
determinations based  on  an  established precedent.  The Part 63  guidance  contains  no  such
limitation  on  State or  Local authority.  The  Part  63 guidance does  however specifically  indicate
that  EPA Regional  Offices   should be  notified when State  or  Local  Agencies  make  applicability
determinations.
        'The guidance consists of  EPA's  1983  Good  Practices  Manual  for  Delegation of  NSPS
and  NESHAPS,  a  memorandum  from  the Assistant  Administrator  for  Air,  Noise  and Radiation
dated March 24, 1982,  and four memoranda  from  OAQPS dated February 24, 1983,
December 17, 1984, September 11, 1986 and November 12,  1986. The memoranda comprise
Attachment  2.

        The Part 61  NESHAP  delegation  procedures  referenced  in  the  1983  Good Practices
Manual  are now superceded by  the procedures in Part 63, Subpart  E.  See  discussion  on  page  22,
on  the   "Delegation  Process."

                                                19

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Section 4.2:  Delegations  to States, continued
The 1980's guidance  on NSPS  and NESHAP  delegation restricted State  and Local authority for
alternative  monitoring  to  acting on  minor  changes  in methodology. The Part 63  delegable
authorities  guidance  expands the delegable  authority to State and  Local Agencies for alternative
monitoring to  include intermediate  changes in monitoring,  again with  notification to  the Regional
Office.

Today's guidance allows  conformity between the extent to which applicability
determination and alternative monitoring authority may be delegated to State and Local
Agencies for Part 60 NSPS, and Parts 61 and 63 NESHAP.8 Consistent with the
July 10,  1998  Part 63  delegable  authorities guidance, applicability determination  authority may
be  delegated to State  and Local Agencies  for the NSPS  and Part  61  NESHAP, without restriction
to  "routine"  determinations. Likewise,   authority  to issue intermediate  changes  in monitoring
may be delegated to  State  and Local Agencies for the NSPS  and  Part  61 NESHAP.  However,
consistent with the Part 63  guidance, it is  recommended  that  Regional Offices  require
notification when these decisions are made, and that authority  not  be delegated  for decisions
which  are  likely to be nationally significant or alter the  stringency of the  underlying  standard.

Implementation of the Part  63 delegable  authorities guidance  involves  clarifying with State  and
Local  Agencies which Part  63 General Provision  authorities have  and  have  not been delegated.
Today's  guidance does not  envision that Regional Offices  necessarily revisit the  existing
delegations of  authonty  for  the  NSPS   and Part  61 NESHAP programs. EPA  Regional  Offices
will continue  to  use  their  discretion when  determining which  authorities,  within the  list of
delegable  authorities,  should be delegated to any particular State  or  Local Agency,  and  whether
to  attach  any  restrictions or formal notification requirements to those  delegations.

Note that  some  regulations   specifically  list  authorities  which may  only  be performed by EPA.
For example,  NSPS Subpart RRR  for  SOCMI Reactor Processes  specifies in section 60.708 that
provisions  related to  alternative means   of  control  cannot  be delegated to  States.  Subpart  E of
Part 63 lists CAA section  112 authorities which  may  not be delegated  to  State  or Local Agencies,
such as the authority to add or delete  pollutants from the list  of hazardous air pollutants.  These
regulatory  provisions  in  addition to  the  referenced guidance documents (Attachments  1  & 2)
contain the authorities which may not  be delegated to  State or Local Agencies.
        8The delegation of authority to make  revisions to test methods  for the Parts  60 and 61
programs  may also  follow the  recommendations  of the Part 63  delegable authorities  guidance.
See  Attachment 1 for an  explanation of the extent to which authority to  approve alternative
testing may  be delegated, and  restrictions on implementation of  that  authority.

                                               20

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 Section 4.2:  Delegations to  States,  continued
Nature of State  Determinations

Decisions  which  State  and  Local  Agencies  make,   such as  State  applicability  determinations,  are
not  binding  on  the  EPA.  Delegation  of authority to  State  and Local  Agencies  is  not intended to
give  those  agencies  the authority to  issue interpretations of  Federal  law  that are  subsequently
binding  on  the  Federal Government.  EPA through  its  oversight  of State  and  Local  Agencies
confirms  proper  use  of  these  delegated  authorities.  During  oversight,  if  the  EPA  Regional  Office
determines that  a State or Local Agency made  decisions  that  decreased  the  stringency of  the
standard,  then corrective  actions  should be  taken, and  the source(s)  should  be notified.
Ultimately, only  EPA  can make  a determination  as  to  the  applicability of a  Federal  standard  or
the  appropriateness  of  a  revision to  a  Federal  standard.

Through the  title  V  operating permit  program,   State or Local Agency  determinations  would be
reflected  in  the  operating  permit.  However,  if it is  determined that  an  operating  permit  does  not
correctly  reflect  a source's applicable  requirements,  EPA has several  courses of  action,  as
discussed  in  Section  3,  "Interface with Title  V  Operating  Permits."  These  actions  include
objecting  during  EPA's  45 day  review period to  an improper determination  reflected  in  the
permit.  In  States  where  permit  shields  are  provided   which  cover   applicability   determinations,
EPA may reopen  the  permit  for cause, and  require the  improper applicability  determinations  to
be  changed  hence forth in the  permit.  In  States  without permit shields,  EPA has  the authority  to
enforce violations  of the  underlying  regulations,  notwithstanding the  State's  issuance  of  a  permit
reflecting   an   incorrect  determination.
                                                  21

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4.2:  Delegations to  States, continued
Delegation   Process

The  mechanism which is  used to delegate authority to $tate  and Local  Agencies is  separate  from
the  EPA  internal  delegations  discussed in  Section 4.1.  'Typically,  the  Governor of  a  State  or  his
or her  designee  submits  a written  request for delegation  of authority to  implement and  enforce
the  NSPS  and  NESHAP.  Upon  EPA  approval,  States  may either  implement  the  NSPS  and
NESHAP  regulations  directly, adopt  the   regulations by reference,  or  develop and  implement
State  regulations  which  are  identical  to  or at least as  strngent  as  the  Federal regulations.  EPA's
approval of the  delegation is published  in the Federal Register.

Procedures for EPA review  and  approval  of NSPS  pro grais are  discussed in  Guideline S.  13,
"Delegation of Authority to  the States--NSPS and NESHAPs"  issued by the Division  of
Stationary  Source  Enforcement in  the 1970's, and  in the  Good  Practices Manual. Procedures for
delegation of  Part  61  and Part  63  NESHAP  programs now follow  the  procedures in  Subpart  E  of
Part  63. Prior to the  1990  CAA Amendments,  delegation procedures  for  the  Part 6  1 NESHAP
followed Guideline  S.  13  and the Good Practices Manual.9

States  (or Local  Agencies)   implement  EPA's  Emission  [Guidelines  for  Designated  Facilities
through a State  plan which  is adopted by  the State  and approved by EPA in  accordance with
section  11  l(d) of the Clean  Air  Act. Each State  plan must show that the State has legal authority
to carry out the plan (40  CFR  60.26).  Revisions to  requirements in  the  plan  would necessitate
notice  and  opportunity for public hearing,  and  EPA review and approval.
       9The  original  authority  on  which  the  Part  61  NESHAP  delegations  were  based
(CAA  section 112(d)(  1))  was removed  in the  1990 CA/i  Amendments  and replaced  by CAA
section  112(1).  Part  63  Subpart  E now  implements  CA4  section  112(1),  Therefore,  any  revisions
to existing Part 61  delegations would follow Part 63  Subpart  E.
                                                22

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                                          Section 5

                                   Who has  the Lead
Overview

This section  addresses which of the offices  with  delegated authority  has  the  lead in issuing
applicability  determinations   and  alternative  monitoring  responses.  Separate  subsections  are
devoted to applicability  and monitoring.  Both subsections  discuss  which  office  assumes  the lead,
and how and where requests and responses are to  be sent. Flow diagrams illustrate  the course of
the lead  responsibility. The  unique  issue  of how to respond to  applicability issues after the
activity in question has occurred,  is  the  subject of an  Inset  at the end  of subsection 5.1.
5.1. Lead Offices for Applicability Determinations
Whose Lead-State  or  EPA  Region

Although the  extent to which authority for issuance  of applicability  determinations  has been
delegated to State and Local Agencies varies, State  ojr Local Agencies are the first  stop for
applicability  questions,  and  generally  issue determinations which  are routine  in  nature.  Regions
may,  in their  delegations of authority to the  State or Local Agency, specify the type of
determinations that  should be  forwarded  to  the  Region  for response.  Examples  of determinations
that are typically forwarded to EPA Regional Offices] for response  include those that:

•      are  unusually  controversial  or  complex
       have bearing on  more  than  one State or  district  (are multi-Regional)
       appear to create  a conflict with previous  policy  or  determinations
       are a  legal  issue  which has not previously beeil  considered (a matter  of first impression)
       raise new  policy  questions.
                                              2   3

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Section 5.1:  Lead Offices  for Applicability Determinations, continued
In response to the Part 63  delegable authorities  guidance, the existing  delegations  of authority to
issue  applicability  determinations may,  within the  discretion  of  the Regional  Office, be
expanded.  Since  the  type  of determination which  State or  Local  Agencies may issue  varies,  the
reader  should consult  with the appropriate  Regional  Office  for  questions  on how this  process
works  for  a particular  State  or  Local  Agency.
                                                24

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Section  5.1: Lead Offices for Applicability Determinations, continued
Whose  Lead—EPA Region or Headquarters

Within EPA, the Regional Offices have the primary responsibility and lead role in issuing
applicability  determinations.  The   August  1995   delegations   of  the   Administrator's   authority
under  which the Agency  currently  operates  allow Regions  to  act  on  all applicability  issues,
including  those  which  are nationally  significant  or  multi-Regional  in  nature.  In  the  course  of
developing  their responses,  Regional  Offices  are  encouraged  to consult with  EPA  Headquarters,
other Regional  Offices,  and the State or Local Agency  that has jurisdiction for the source  (see
Section  6,  "EPA   Consultations").

Communication  within  EPA,  research of  the  issue,  and review  of  memoranda  posted  on the ADI,
are  essential to  ensuring  national  consistency  (see  Section 8,  "Basic  Steps in  Developing
Applicability Determinations").  Improved   access  to  previous   determinations  through  the   ADI,
and  rapid electronic  dissemination  of drafts for  review by  Headquarters and  other  Regional
Offices has enabled Regions  to take the lead in  issuing determinations, and  has obviated  the  need
for determinations to be  issued  from a  centralized  office in the vast majority  of cases.

There are, however,  limited circumstances under which a Regional Office may request a
written response from  Headquarters  to  assist  the  Region in  their  response back to  the  State  or
source.  Headquarters  is  typically   involved  in drafting  responses  where:

•        the  source  challenges  a Regional  determination  which  has  already  been  issued;

•        the  determination  is  multi-Regional  and  controversial  in nature  (it  affects  a  decision  being
        made  in another Region and  there is  some  question or  conflict  as to how the issue  should
        be  resolved);

«        conflicting  policies  or  determinations   are   identified;

*        the  question involves  a  legal  issue which has  not  been previously  considered.
Although  it is not necessary that Headquarters  take the lead in these cases,  Regional Offices  may
request  a written Headquarters  response in these cases at the  Region's  discretion.  In such cases,
the  Region  sends  a  memorandum  to  the  appropriate Headquarters  division  director,  explaining
the facts  at  hand,  posing a  specific  question  for  response,  and expressing  the Region's position
on the issue.
                                                25

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Section 5.1: Lead Offices for Applicability Determinations, continued
Lead within  Headquarters

Within Headquarters, the Office of  Compliance (OC) in OECA is the  focal point  for questions
concerning  NSPS  and  NESHAP  applicability.  OC is  the  Headquarters  lead  for  issuing
applicability determinations, except in those cases where the Regional Office is preparing a
civil judicial action for referral to the Department of Justice (DOJ) for the source in
question.  The Air  Enforcement Division  (AED) in the  OECA's Office  of Regulatory
Enforcement  (ORE) is the  Headquarters  lead when a civil judicial  referral is being prepared.

This constitutes a change and  clarification in the lead role of OC  and ORE/AED in addressing
source-specific applicability issues.  Prior to today's guidance, ORE/AED  was  the lead within
Headquarters  for applicability  issues  which pertained to  an enforcement  action.  Today's
guidance focuses AED's lead role  on those questions  involving a  civil judicial  referral.  For other
questions referred  to  Headquarters,  including those where  an administrative action  is  being
prepared, and where the Region has not decided in which forum (administrative or judicial) to
pursue an enforcement action,  OC would have the lead. Likewise,  OC will continue to  be  the
Headquarters  lead  for  situations where  no  enforcement action  is warranted.

OC staff is also responsible  for posting notes on the ADI for any determinations which
need clarification (see also  Section  8, Step  5).  OC would  also be  the lead within OECA for
resolving apparent  or  actual  inconsistencies  between  determinations.

This policy  will  simplify the  assignment of  applicability  determinations  by  eliminating  guess
work as to which  OECA office (ORE versus OC)  should be the lead.  It will have the  benefit of
increasing the OC sector leads'  active involvement in issues pertaining to  their  sector,  while
retaining  AED's oversight  of civil  actions.

Within OC, applicability issues are  handled by the sector  lead  for  the affected  industry, which
may reside in either  the  Manufacturing, Energy and  Transportation Division  (METD),  the
Chemical, Commercial  Services,  and  Municipal Division  (CCSMD),  or  the  Agriculture  and
Ecosystem  Division  (AgED).  If a Regional Office is unsure of who to  contact, they may  inquire
with the  air media  lead for OC, residing in METD.

In accordance with 40  CFR  sections 60.5(b) and  61.06,  EPA  should  issue applicability
determinations within  30 days of receipt of the request. Therefore, it  is recommended  that OC
and AED  division directors begin tracking the timeliness of responses sent to Regional Offices,
and urge that staff finalize responses to  Regional Office applicability-related inquiries well
within one month of receipt of the Region's written request.
                                              26

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Section 5.1:  Lead  Offices  for  Applicability  Determinations, continued
Requests-Where  to  Send

As  depicted  in following  diagram,  "Lead  Offices  for  Applicability  Determinations," requests for
applicability determinations  should  be sent by the source directly to the State  or Local Agency
which  has been delegated the authority to issue determinations; this is consistent with the
primary role  of States in implementing  the  Clean Air Act.  In the  event that the State or Local
Agency has  not  been delegated authority  to  issue  applicability determinations,  the  request  should
be  sent directly to the EPA  Regional Office.  A list of the delegated  State and  Local  Agencies and
their addresses is  located  in  40 CFR  sections  60.4 and 61.04. Section 63.13(b) instructs sources
to contact the  appropriate  Regional Office to  obtain the  mailing  address of the  State or Local
Agency.

Requests  sent to the  State or Local Agency may be responded  to by the State  or Local Agency, if
the  issue  is within the scope of the State  or  Local  Agency's delegated authority.  Otherwise,  the
request is forwarded to  the EPA  Regional  Office for response. If the source  bypasses this process
and  sends the  request to EPA Headquarters,  the request should be immediately forwarded from
Headquarters to the appropriate  Regional  Office, so that the  Region may  decide whether the  State
or the Region should take  the lead in  responding.

Sometimes a question  regarding a source's applicability originates  within  a State or Local
Agency.  To  clarify for  the  State how the regulations should  apply, the State  should forward a
written request to  the EPA  Regional Office.  Again, if EPA  Headquarters receives  a  request
which  has bypassed  the Regional  Office, it should  generally be  forwarded to  the appropriate
Regional  Office  for response.
                                                27

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Section 5.1: Lead Offices for Applicability Determinations, continued
     Lead   Offices   for   Applicability   Determinations
 Written Request
   from  Source
Delegated State*1
       or
 Local Agency
           Exceeds State's delegated authority
  Case-Specific decision for Regional Office Lead
   Guidance to
     Region
       or
  Applicability
 Determination**
      Limited
Circumstances
                                               ^^T
                                               Regional
                                               BRequest
                                               1  to HQ
                      Civil Referral
                       In  Progress
                                               State
                                           Applicability
                                          Determination
                                                                      Applicability
                                                                     Determination
                                                                           or
                                                                    Guidance  to  State
                                            Guidance to
                                              Region
                                                 or
                                            Applicability
                                          Determination**
*  If the State  is  not delegated the  authority to  issue applicability  determinations, the  source  should send the  written
request directly to Ihe EPA Regional Office.

* * Headquarters rarely issues determinations directly to the source. Usually the  Headquarters  response  is  in the
form of a memorandum to the EPA Regional Office.
                                            28

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Section 5.1: Lead Offices  for Applicability Determinations, continued
Responses—Type and Where to Send

State  or Local Agency applicability determinations are issued directly  to  the  source  or  party
which has requested the determination. As discussed previously  (Section 4.2,  on  "Nature  of
State  Determinations"),  State and Local Agency  determinations  are  not  binding  on the EPA.

Regional  Offices may  issue  either  an applicability  determination or regulatory  interpretation
depending  on whether  a source-specific or generic  response  is appropriate.  In cases where the
action in question  has  already  occurred, Regions  need to consider whether  an  applicability
determination  is the most appropriate  response, given the pre-enforcement context of the  issue
(see  inset, "Responding  to Post Hoc Requests").  Typically,  the Regional Office sends its
response to the  State, where it  is used to  form the basis  of  a State determination or response back
to the source. The  Region may respond directly to the source, but in accordance with the States'
primary  role  in  implementing the Clean Air Act,  most responses  are  sent through the State or
Local  Agencies.

Headquarters  responds  in writing to requests  pertaining to  applicability  with a  regulatory
interpretation  or an applicability  determination. Based on the  Headquarters  response,  the  Region
either issues  an applicability determination  to  the  source,  or forwards the information to  the
State, who in  rum responds  to the source.  Headquarters  may issue  an applicability determination
directly to a source; however,  this  is rarely necessary or appropriate  given the Regions'  and
States'  lead  roles   in implementing the regulatory programs.

EPA-issued applicability determinations must be posted  on the ADI. Update procedures for
the ADI  are provided in Attachment 4.

State-issued Part 63 applicability  determinations should be posted by States  on their  State
websites,  and  linked to  the Unified  Air Toxics  Website  (UATW).  Questions on  UATW links
may  be  directed to the Information Transfer  and  Program Integration Division in OAQPS
(contacts  provided  in Attachment 6).  Links to State  websites are located on the  Comprehensive
Rule  Pages on the  UATW at:  http://www.epa.gov/ttn/uatw/eparules.html
                                               29

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Section 5.1: Lead  Offices for Applicability Determinations, continued
                          Responding  to  Post Hoc  Requests
       For applicability inquiries  where the source  has already taken the action  in
       question,  it  is  important to consider  the  alternatives  to  issuing an  applicability
       determination.   There  are  potential enforcement  ramifications for these post hoc
       requests. In  some cases, it may be desirable to proceed directly with an
       enforcement  action.

       If the source has sent  a written inquiry to the  Agency after  construction or after the
       physical or  operational  change has commenced,  consider  the  following options for
       a response:

       •      A  letter of acknowledgment to  the  source of their inquiry,  pending  further
              action.

       «      A  preliminary warning  letter to  the  source that puts the source  on notice that
              the action  as described  may  constitute a violation, without finally deciding
              the issue.

       »      An  applicability determination  that  finally decides the  issue.

       For requests  sent to OECA from  the  Regions, another option  is  an internal
       memorandum to the Region,  marked  "enforcement sensitive" and not intended  for
       release to  the source.

       Consult the  Office  of Regional Counsel  (ORC)  or ORE/AED enforcement
       attorneys,  as  appropriate, for advice on  the  best option to  choose  in a  particular
       circumstance, and  the  best wording of the  response  letter.
                                               30

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Section 5:  Who has the Lead, continued
Section 5.2. Lead Offices for Regulatory Interpretations
Requests for generic regulatory  interpretations pertaining to  applicability  criteria  may  be difficult
to distinguish from  requests for applicability determinations.  In such  cases, the  requestor  should
be asked  if  their  intent is  to  receive  a  source-specific applicability determination, pursuant  to
section  60.5  or  61.06.

Regulatory interpretations  posed  to  EPA which require  clarification  or  simplification of the
regulatory  requirements  should  generally  be  issued  by the  EPA  Regional  Offices.  However,
interpretations which  pertain to unforeseen  gaps in the regulation should  generally  be issued from
EPA  Headquarters. OECA/OC and  OAQPS should consult  to  determine  who should take  the
lead  in responding to issues raised  to Headquarters. Although  OC generally takes the lead  in
issues  pertaining to  applicability, there may be  circumstances where OAQPS  would  be  better
suited  to  respond.  Regardless  of which office  assumes the lead,  the critical component  in  issuing
the interpretation is  that both  offices concur.
                                               31

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 Section  5: Lead  Offices, continued
Section 5.3. Lead Offices for Alternative Monitoring
Whose Lead—State or EPA Region

Minor monitoring alternatives  are  generally  acted on  by the State  or Local  Agency  to  whom
authority  has  been  delegated.  Major  monitoring  alternatives,  including  entirely  new  monitoring
systems,  are generally  handled by  the  EPA Regional  Office.  The  July  10,   1998 Part  63  delegable
authorities  guidance   describes three types  of  changes  in  monitoring:  minor,  intermediate,  and
major. That guidance  indicates  that  both  minor and intermediate   monitoring  alternatives   may  be
delegated to  State  or  Local  Agencies,  with  appropriate  oversight  by  Regional  Offices.  Today's
guidance  enables  Regional  Offices  to  apply those  same three  distinct  levels of monitoring
changes  to  State  and Local Agency delegations  for the Part 60  NSPS  and  Part  61 NESHAP
programs.

The   following  diagram,  "Sample  Lead  Offices  for  Changes  in Monitoring," depicts  the   most
common   division of  authorities,  whereby  minor alternative  monitoring  requests  are  acted  upon
by  the  State.  Sources  should  check with their State or EPA  Regional Office to  determine the
level  of  State  delegation for monitoring alternatives  and where to  send  requests.
Lead within EPA

Within  EPA,  Regional  Offices  have the  lead  for reviewing,  approving,  or  disapproving
alternative  monitoring.  Headquarters  is  no  longer delegated the  authority to  issue  alternative
monitoring;  however,  Headquarters   provides  assistance   to  Regional  Offices  upon  request.

Regions  are   encouraged  to  consult  with  Headquarters,  particularly  OAQPS,  where  additional
technical expertise  is  necessary  for  evaluating the  request.  It  is  also  suggested that OAQPS
routinely be  consulted with  to  ensure  national  consistency  (see  Section  6.3,  "Consultation
Procedures  for Regional  Offices"). Regions  should always  review  the  ADI to  discern  the
Agency's  action  on  any  similar requests.
                                                32

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Section 5.3:  Lead Offices for Alternative Monitoring, continued
  Sample  Lead  Offices  for Changes  in Monitoring
    Written Request
    from Source for
  Monitoring  Change
Delegated State
       or
 Local Agency
                            Major Change/
                            Broad  Change
      Minor
Monitoring  Change
     Approval
  or Disapproval
              State
             Request
            to Region
                                               7
      Written Request
        from Source
          for Major
     Monitoring Change
                                 Monitoring
                                  Change
                                  Approval
                               or Disapproval
This diagram depicts a common division of authority in the delegated role for reviewing and approving
monitoring alternatives. The lead office for any one State may vary depending on State-specific
delegated authorities.  States may additionally be delegated the authority to  issue intermediate  changes in
monitoring. If a State is not delegated the  authority to  act on minor changes, written requests should be
sent directly to the EPA Regional Office.
                                          33

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 Section  5.3: Lead  Offices for Alternative Monitoring,  continued
Where to Send Requests and Issuance of Responses

As with  applicability  issues, State or Local  Agencies  are  usually the  first  stop  for  source
inquiries.   States  typically  respond  to  minor  alternative  monitoring  inquiries,  and  forward   other
monitoring  issues to  the  EPA  Regional Office according  to  their  State-specific  delegations  or due
to a  need  for  technical  or policy assistance.  Consistent  with the Part  63  delegable  authorities
guidance,  States  may  also  respond  to  intermediate  changes  in monitoring  where  delegated.

The  Region may  respond directly to the source,  or send  a response  or guidance to  the  State or
Local  Agency   who in  turn responds to  the  source.  The  preceding  diagram,  Sample  Lead  Offices
for Changes in Monitoring, depicts  a  common  division  of authorities.

Responses take  the  form  of a  letter  of approval  or disapproval,  and  should  include  the  Agency's
rationale  (see  Section  9,  "Drafting  Points").  For  disapprovals,  the  response  may  spell  out  or
suggest  revisions  to the  proposal which  would  make  the alternative  acceptable.  Whether to
attach  or suggest such conditions is  at  the  Agency's  discretion,  since  it is  the source's
responsibility to propose  acceptable  alternatives  if  they do  not  wish to follow the  methods
already  developed by  the  Agency.

As discussed previously   (see  Section  4.2,  regarding  "Nature of State Determinations"),  State  and
Local  Agency   decisions  on  alternative  monitoring  are  not  binding  on the  EPA.  However,  EPA's
response back  to  the  State  on  a specific  monitoring inquiry is  a binding  EPA decision,  within  the
limitations  of  the information  provided to  the EPA.

EPA-issued  alternative  monitoring  decisions  should be  posted  on the  ADI (see  Attachment  4
for information  on  ADI  update  procedures).   Intermediate changes  to   monitoring  issued  by  State
or Local  Agencies  should be sent to the Emission Measurement  Center in  OAQPS  via  mail or
facsimile.   I0
        10All  State-issued intermediate  changes  to  monitoring (as  well  as  intermediate  changes  to
testing  issued by  States or  Regional Offices)  should  be  copied  to:  Chief,  Source  Characterization
Group  A,  U.S.   EPA (MD-19),  Research Triangle Park,  NC,  27711;  Facsimile  Telephone Number
919-541-1039.

                                                 34

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                                            Section  6

                                     EPA Consultations
Overview

When  developing  applicability  determinations  or  responses  to  monitoring  proposals,  the  draft
response  should  be  discussed  with EPA offices  that  have  relevant expertise  and  interests.
Although the  current  delegations  of authority  do  not  require  concurrence  or  consultation  with
other  offices,   consultation  is  imperative  to  ensuring  national  consistency.

In a few  cases, there are informal  work  groups  which can be used  to  accomplish  this consultation.
The  Municipal  Waste  Combuster  and  Continuous  Emission   Monitoring  Systems  workgroups  are
examples.  Otherwise,  the  staff lead for  developing  the  response  will need to  individually  contact
each  affected  office.

This  section  details  the  recommended   consultation  procedures  for  each  lead  office  (OECA,
OAQPS,  and  Regional   Offices)  for   applicability  determinations,  regulatory   interpretations,   and
alternative   monitoring.  This  section  includes  regulatory  interpretations  of applicability   and
monitoring  requirements   since  these  more   generic  interpretations  impact  the  source-specific
applicability  and  alternative   monitoring  determinations.   Given   their  far-reaching  affect,
regulatory  interpretations  should  undergo  the  same  consultations  as  are  recommended for
Headquarters    applicability    determinations.

In  situations where  staff cannot  readily  reach agreement on  an  application-related issue,  the  issue
should  be  quickly  elevated  to management  for  resolution.  OAQPS and  OECA  have  established  a
forum  to  expedite  management-level  issue  resolution  between  OAQPS  and OECA  (see   Section  8,
Step  5,  "Resolve  Issues").

Proper  treatment  of  correspondence  drafted  during deliberations is  highlighted  in  an  inset at  the
end  of this  section.
                                                  35

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Section 6: EPA Consultations, continued
Section  6.1. Consultation Procedures  for  OECA—
                Applicability Determinations and Regulatory Interpretations
OECA staff  should  routinely  consult  with other offices  when  developing  NSPS  or  NESHAP
applicability   determinations  or  regulatory   interpretations.  Consultation   should  consist  of  a
heads up phone call from the OC sector or AED staff lead to the reviewing office's lead
staff,  followed by  an  e-mailed draft  of the  response. The purpose of  the  initial  phone  call is to
obtain  preliminary  input from  other offices,  and  to let the office  know  when  to expect a  draft,
The  OC  sector lead  (or AED staff  lead,  for  cases involving a civil  referral)  is responsible for
performing  the background  research  on  the  assigned  question prior  to  providing  a draft  response
for  review  (see  also  Section  8,  "Steps   in  Developing   Applicability  Determinations").

Staff in  the OECA must consult with the following offices/divisions:

•      Office of  Air  Quality Planning  and  Standards  (DAOPS)  -  the Emission  Standards
       Division  (BSD)  in OAQPS has a  stake  in  the  accuracy  of determinations  and regulatory
       interpretations given  their  lead  role  in  developing the NSPS  and  NESHAP.  BSD staff
       should  be  consulted  on  all  determinations  and  regulatory  interpretations.   Informal
       concurrence  (oral  or e-mailed)  from  the  BSD  staff person should be  received  prior  to
       issuing the  final  response.  OAQPS has  agreed  to generally  provide  input  within  one
       calendar week. If no input  is  received  after  affirming receipt of the  draft  by the  proper
       OAQPS staff,  OECA may assume OAQPS concurrence.

«      Office of  General Counsel (OGC)  - given  OGC's  expertise  in interpreting  regulations
       and  role  in  defending applicability  determinations  in  the  Courts  of Appeals,  the  OGC  lead
       for  NSPS  & NESHAP  should  be  consulted   on   all  headquarters applicability
       determinations  and    regulatory  interpretations.

*      Regional  Offices  -- it is  essential  that OECA consult  with the Region in which the source
       is located  since  the  Region  is  responsible  for  implementing  the  determination.  Other
       Regions  may be  consulted on  an  as-needed   basis given Region-specific  expertise (for
       example  Region 5 has experience  with  steel  plants,  Region  7  with roek crushers). The
       Lead Region for  air  enforcement  is  a useful  contact  for general Regional  feedback  (see
       contacts  in Attachment 6).  Established working  groups may  also provide  a vehicle  for
       Regional  feedback,  such  as  the monthly air  toxic  telephone  conferences.
                                               36

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Section   6.1:   OECA   Consultation  Procedures,  continued
       Office  of Compliance  (QC) --  OC staff may  consult with the  air media  leads within  OC
       on  an  as-needed basis;  however,  the air media leads do  not routinely review all  NSPS  and
       NESHAP  determinations.  Any  determinations   or  interpretations  pertaining  to  more  than
       one  sector should  be coordinated  with  the  other affected  sector leads.

       AED staff must consult with the  OC sector leads in all cases.  AED  staff must  also
       consult'with  the  OC  air media lead in  cases  which include interpretation of the General
       Provisions.

       OC  staff should  provide  their  input within one  calendar  week.

       Office of Regulatory Enforcement (ORE) --  the Air Enforcement Division in ORE
       should  be consulted  on  all OC  applicability  determinations  and  regulatory  interpretations.
       AED should be alerted immediately when  the question involves a potential violation,
       such as when the source has already constructed or modified (a post hoc
       determination). AED staff should provide their input within one calendar week.
Any  disagreements with OECA's  draft position can usually  be resolved  at  the  staff  level. Any
remaining  substantive  differences  should  be  quickly  elevated  to  management  for  resolution.
                                              37

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Section 6:  EPA Consultations,  continued
Section 6.2. Consultation Procedures for OAQPS-
                Regulatory Interpretations
For  regulatory  interpretations on  applicability  or monitoring  issues  for  which OAQPS  is  the  lead,
it  is  imperative that  OAQPS consult  with the following  affected  offices.  Often  a regulatory
interpretation  has  bearing  on enforcement  actions  and  implementation  practices  in the  Regions
which  are already underway.

The  consultation  procedures  for  regulatory  interpretations  are  analogous to  those  presented  for
OECA in Section  6.1,  consisting  of a  heads up phone call and an e-mailed draft  of the
memorandum.  For questions  pertaining  to Part 63,  OAQPS   maintains  a  "MACT Issue
Resolution Process" which  may  be the apprdpriate  means  of  alerting reviewers to  the  issue,  and
obtaining  reviewers'  position  (contact   provided  in  Attachment  6).  Differences   which  cannot  be
resolved  at the  staff  level  should quickly be  elevated for resolution by management.

•      OECA/Office of Compliance (OC)__- sector  leads should  always be consulted  in  the
       development  of NSPS  and  NESHAP  regulatory  interpretations.  The leads for  air issues
       within  METD  should be  contacted on issues pertaining strictly to the   General Provisions.
       OC staff should provide their input within one week of receiving the inquiry.

       OC staff are the focal point for coordination of comments within OECA.  As such,
       OC staff are responsible for involving ORE's Air Enforcement Division as
       appropriate.

       Office   of  General  Counsel (QGC) -  given  OGC's  expertise  in  interpreting  regulations
       and  defending  the  Agency's implementation  of thdse  regulations, the  OGC  lead for  NSPS
       &  NESHAP  should be  consulted  on  all  Headquarters  regulatory   interpretations.

       Regional Offices - - it  is  essential that OAQPS consult  with affected Regions  since
       Regions  are   ultimately  responsible for  implementing regulatory  interpretations,  and   since
       Regional  Offices  would  be aware of  established  practices  in interpreting  the  provision in
       question.  Because  regulatory  interpretations are broad  in  nature, it  may  not be  possible  to
       identify only one  or two  affected Regions. In these  cases,  OAQPS should rely  on the
       Lead  Region  for  air  enforcement. Established working groups  may  also  provide  a vehicle
       for Regional feedback,  such as the  monthly  air  toxic telephone  conferences.


                                               38

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Section   6:  EPA   Consultations,  continued
Section 6.3. Consultation Procedures for Regional Offices-
                Applicability Determinations and Alternative Monitoring
To  ensure  nationally  consistent  responses,  Regional Offices  are encouraged to  consult with  OC,
OAQPS,  and  legal  counsel  on  a routine  basis.  Although Regional Offices need  only  consult with
Headquarters  on precedent-setting  issues, consultation  with  all  the  offices  listed results in the
best  quality   responses."  Regulatory  interpretations  must  include  consultation  with  the  listed
Headquarters  offices,  given  the  far-reaching  effect  of  regulatory  interpretations.  Communication
between  Regions is also essential to  ensuring  national  consistency.

To enable routine consultation without delaying responses, OAQPS and OC have
committed to a one week review of draft applicability determinations. If no response is
received  within  one week of providing  a  draft  to  the  appropriate  headquarters  contact(s),  the
Region  may  move  forward  with issuing  their  response. OAQPS  has  committed to  providing
consultation  within  these  time frames  for alternative monitoring responses  as  well.
       OECA/Office of  Compliance  -  the  'Regional Office  should  consult with sector leads in
       OC  in  the   development  of  precedent-setting  applicability  determinations.  The  leads  for
       air issues  within  METD should  also be  contacted  on precedent-setting  issues pertaining
       strictly  to the  General  Provisions.  OC  staff should  provide  their input within one
       week of receiving the  inquiry.

       OC  staff are  the  focal  point for  coordination of comments  within  OECA. As  such,  OC
       staff  are  responsible   for  involving  ORE's  Air  Enforcement  Division  in applicability
       questions  as  appropriate.  OC  staff  are expected to alert AED  immediately if the  question
       involves a potential violation,  such as when  the source has  already constructed or
       modified   (post   hoc   determinations).

       QAQPS  -the Emission Standards Division  has  technical  expertise and  interest in
       applicability and  monitoring  issues given  their lead  role  in  developing  the  NSPS  and
       NESHAP.  OAQPS should  be   consulted   on  all  precedent-setting  issues,  and  where  their
        "The "Review  of the  Applicability  Determination  Index;  NSPS Memoranda."  issued by
METD  on luly  23,  1998  noted  that responses  that were  clearly  coordinated with other  offices
were  among the  highest quality.

                                               39

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Section 6.3:  Regional Office Consultation Procedures, continued
        technical  expertise  is  needed.  Where  Regions  request  routine  consultation,  OAQPS  will
        provide  input  within one  week of  receiving the  inquiry.

        Offices  of  Regional  Counsel  (PRO - Regional  staff should  routinely  consult  with their
        ORC  in the  development  of  applicability  determinations.  If  there  is  a  potential  violation
        (i.e.,.  when the  source has  already proceeded  with  construction or  modification),
        consultation with ORC  should  include  a discussion of whether issuance of  an
        applicability determination  is  the  best  course of action (see inset in Section 5.1,
        "Responding  to  Post  Hoc  Requests").

        Other Regional  Offices - communication  between  Regions  is essential  to  ensuring
        national  consistency.  Although the  ADI is  the  principle   means of reviewing  EPA's
        applicability and  monitoring  decisions across the  country,  there is  an  inherent time  lag  of
        up to three months before memoranda are   available  on the ADI. Regions may need to
        consult  with  the  Lead  Region for  enforcement, or with other  Regions  to  determine
        whether there  has been any recent activity  on a related  issue. OC staff may  be useful in
        identifying  other  Regions  which  have recently  dealt  with  similar  questions.

        State  or Local Agencies - consultation with the  State or  Local Agency that has
        jurisdiction  for the  source  is  encouraged,  as they may  have   crucial  information  bearing  on
        the    determination.

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Section 6:  EPA Consultations,  continued
                     Correspondence During Deliberations
     Written  materials  generated  during deliberations,  i.e.,
                   drafts for review
                   comments  from  reviewers
                   recommended  positions  from  non-lead  offices
     should be  clearly  labeled:

                         "NOT  FOR  EXTERNAL  DISTRIBUTION"
                                            and

            "DELIBERATIVE  PROCESS"  or  '?REDECISIONAL"  or  "DRAFT"


     These labels put the  public on notice that the discussion within the document is  not
     an Agency decision which creates  any  rights.

     The  reason  such labels  should accompany  drafts is self-evident-they are works  in
     progress that might otherwise be mistaken as an Agency positian,

     It  is equally important that written correspondence  from reviewing offices  contain
     these  labels. Comments  provided by  reviewers  are  not  formal Agency positions.
     Reviewers must  label the  position of their office as  "predecisional"  or  "deliberative
     process"  since only the  office  with delegated authority may issue the formal Agency
     determination.

     Regulatory  interpretations pertaining to applicability  should not be issued while
     the Agency is  developing an  applicability  determination on  a related subject.  Proper
     consultation  in the development  of regulatory  interpretations  will identify any  related
     source-specific inquiries  under  review  by the Agency.
                                             41

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Page  42  intentionally  left blank.
               42

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                                          Section  7

                                   Informal    Inquiries
Overview

EPA  receives many telephone inquiries from  sources, their  consultants  and  counsel. E-mail  is
used  increasingly for soliciting  ideas  and input.  It is important to distinguish these informal
discussions  from  formal,  signed  applicability  determinations  and  alternative  monitoring
responses.

Requests  for applicability  determinations  or alternative  monitoring  must  be sent to the delegated
agency  in writing, and  responses must be signed  by a person to whom  authority has been
delegated.  Responses  provided over the phone  or through or e-mail discussions are considered •
informal  guidance.

This  section  covers  points to consider when responding to telephone and  e-mail inquiries,  and
how  informal inquiries  are addressed  by SBREFA.
Responding to Phone  Inquiries

It  is a  useful and necessary public service to provide information about the  regulations  to  the
public  over the phone.  It is equally  important that the  caller understand  that the Agency cannot
provide  determinations  or approve  alternatives over  the  phone.  Agency  staff responding to
phone calls should provide whatever general  information is on  point,  but  inform the  caller  that a
written  inquiry is necessary if the caller wishes to pursue an  applicability determination or
alternative  monitoring. Callers  should  be referred to the  State or  Regional  Office with the
primary responsibility  for  implementing  the  NSPS  and  NESHAP.
                                               43

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Section 7: Informal Inquiries, continued
Bear the following  points  in  mind when  responding to  telephone inquiries:

       Avoid the discussion of hypothetical scenarios that lack  enough specific details to give an
       accurate  response.

       Refer  the  caller  to the Applicability  Determination  Index and  other  background
       documents that may be useful to them. Give the  caller  basic information  on how to use
       and  search for documents  on the ADI.

                               The Internet address for the ADI is:
               http://ttnwww.rtpnc.epa.gov/cfdocs/adiwww/adiwww.html-ssi

                 The ADI can also be accessed through METD's home page at:
                                http://www.epa.gov/oeca/metd

       Respond  in  general to the question by helping the caller understand determinations or
       guidance  that have already been issued  on topics  related  to the inquiry.

       Remind the  caller  that a request for a  determination of  applicability, or a request for
       alternative monitoring, needs to  be submitted  in  writing  to the Agency.

•      Determine the location of the  facility,  and refer the caller to the appropriate Regional
       Office or State or Local Agency.

The staff person  should follow up with  a  call to the State  or Regional Office.  This allows  the
 State or  Region  to  be better  prepared to  handle the question.  It is also useful for the Regional
 Office and  State  to  know who the source has consulted.
                                               44

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Section 7: Informal Inquiries, continued
Responding to E-mail

E-mail is  a useful way for staff to consult  with  each other  on NSPS and  NESHAP questions,  and
is  an  efficient means  for  inter-office  review  of  draft  determinations  and  monitoring  responses.

E-mail inquiries  from  Regional  Offices  on  NSPS and  NESHAP  applicability  issues should  be
directed to the OC sector lead.  OC staff need to  be responsive to these  requests to help ensure
national consistency,  and  need  to  involve  ORE/AED  immediately  if the  applicability  issue
involves an action which the  source has already  taken. OC  staff should provide their response  to
informal  applicability-related  inquiries from   the  Regional  Offices  within one  week (see
Section  6,  "EPA  Consultations").

When  communicating  via  e-mail,  label  the  response:
                       "NOT FOR EXTERNAL DISTRIBUTION" and
                 "DELIBERATIVE PROCESS" or "PREDECISIONAL."
These cautionary  statements will prevent  confusion in the  event  that the message  is viewed
outside of the Agency.

In general, EPA  staff should  not respond to sources through e-mail, since  the  message  could be
mistaken  for   a  formal written  determination.  Also,  Headquarters  should  not respond  directly to
State  or  Local Agencies via  e-mail without involving  or  copying the Regional  Office  which  has
oversight   responsibility  for that State  or Local Agency.
                                               45

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Section  7:  Informal Inquiries, continued
Small  Business Regulatory Enforcement Fairness Act (SBREFA)
Requirements for Informal Inquiries

Under SBREFA  section 2  13, EPA has designated the  Informal Guidance Program to respond to
fact-specific,  compliance-related  inquiries  from  small  entities. This  Informal Guidance  Program
draws on the resources of  Small  Business  Ombudsman,  Regional  small business  liaisons,
technical and program staff, and  the  related  hotlines  and clearinghouses. EPA  designed this
program  to ensure accessibility of the informal  guidance to the small entity  community, and to
avoid duplication with  existing  activities.

The  procedures discussed  in this  section  form an important part of the Informal Guidance
Program.  OC sector  leads and Regional  Office technical and program  staff provide informal
guidance when responding to  phone  inquiries from the  regulated  community. However,  written "  '
requests  for  applicability  determinations,  monitoring  alternatives,  and  regulatory  interpretations   *
are not considered informal, and must be handled through the  formal written procedures
addressed elsewhere in this  document. It  is  important to remind the public  of the distinction
between  the   formal  applicability  determinations/alternative  monitoring  and   informal  guidance.
                                             46

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                                          Section  8

              Steps   in   Developing  Applicability  Determinations
Overview

There are  eight basic steps  in developing an  accurate applicability  determination.  These are:

        1.      Clarify the  request

       2.      Research  (regulations,  preambles,  ADI,  background  information  documents)

        3.      Consult

       4.      Prepare  Draft (either before or  after consultation)

        5.      Resolve  Issues

        6.      Issue  Determination from  Delegated  Authority  (carbon  copy  reviewers)

        7.      Post Determination on  ADI

        8.      Publish  Notice  of  Availability  in the  Federal Register

Implicit in this  discussion is an understanding  that the Agency has decided that issuing an
applicability determination is the best course of action for  the  particular case.   When an
applicability question  pertains to an action which the  source has already taken (a post hoc
situation)  there  are obvious  enforcement  implications  which may  cause  the  Agency to proceed
with a different type of  response.  See  the inset in  Section 5.1  for how  to respond to applicability
inquiries in post hoc  situations.
                                               47

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Section 8:  Steps in  Developing Applicability Determinations, continued
The Eight  Steps
1. Clarify the Request

The  first  step  in preparing an applicability determination  is to make  sure the question is  clearly
understood.  This may  require contact with the  person who sent the inquiry.  For Headquarters,
this  typically means discussing the  inquiry with the Regional Office;  for Regions it  is usually the
State or source.
2. Research

The  next step  is to  research the topic. The obvious  place to  start  is to carefully read the
regulation, paying  particular  attention  to  the  "applicability"  and  "definitions"  sections. Based on
reading the  regulation alone,  the  staff  person  should be able to formulate a tentative position.

The  staff person should  then check the ADI  to search for information  on related topics-the word
search function is particularly useful  for  this purpose,  The  preamble for both  the  proposed
and  promulgated rulemaking  should  be read  to determine if  EPA  has  clarified  its intent  with
respect to the  provision  in question.  The  Background  Information  Document (BID) should also
be reviewed to see how EPA  characterized the affected facility or  source.  Sometimes  there  are
inspection manuals or enabling documents  for the subpart which  may  also be  relevant.

This  background information (preamble, BIDS,  etc.) may  help  clarify  the  Agency's intent  where
the regulatory  language  does not  directly  address  the question. However, it  is  the  regulatory
language  by which sources must  abide.
3.      Consult

After completing the basic research, the staff person  is ready to  formulate a  draft position and
consult  with the appropriate EPA offices and management.  It is  important that  the  research be
completed before the consultations so as to make the  best use of the other office's time,  and to
allow the staff  person  to  leam the regulations first hand. Consultations  are best done orally
initially to alert the  reviewer to the issue and necessary  time  frame, and  then via a draft memo.
                                                48

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Section  8:   Steps   in   Developing  Applicability  Determinations,  continued
4. Prepare the Draft

After receiving  preliminary  input  from  other  offices, the  staff  person  should draft  the
memorandum or  letter,  clearly laying out the  question,  the  answer,  and the  rationale  (see
Section 9, "Drafting  Points").  The  draft must be  circulated  for  review, continuing  the
consultations. Drafts should be clearly  labeled  as  such,  with a header  or  footer stating,
                        "NOT  FOR  EXTERNAL  DISTRIBUTION"  and
                   "DRAFT" or  "DRAFT  POSITION FOR  EPA REVIEW".
5. Resolve Issues

If a  potential  inconsistency  or differing of  opinions  in  EPA's  implementation  or  interpretation  of
a  provision is identified, that issue  should be  flagged  for  management and  reviewers.  For
applicability questions  where   management  has  differing  opinions,  OAQPS  and OECA  have
established an issue  resolution'  forum  to  expedite  the  decision-making process (contacts  provided
in Attachment 6).  Any  seemingly  inconsistent  determinations that have  already  been  issued
should be  raised to OECA/OC for  clarification  and  resolution. OC  staff may  need to post a note'
in the comment field of the ADI to explain any apparent or actual discrepancy  presented by  a
determination.  Any  such notes should  undergo review by  AED, the air lead in OC,  and  the
affected  Regional  Office.
6. Issue Determination

After  incorporating comments  and  resolving  with  management  how  to  proceed  if  conflicting
positions are presented, the determination  should be issued  and  signed by a  person to  whom  the
authority  has  been  delegated.  Signature by  the person  to  whom the  authority  has been delegated
becomes critical should the Agency be  challenged  on the  substance and validity  of a
determination.  Carbon  copies  should  be  sent  to  all  reviewers.
7  Post on ADI

The EPA staff contact for the determination is responsible for posting the memorandum on
the  ADI.  This  entails  summarizing  the  determination,  and  electronically  sending  the  abstract,
the determination,  and a header (listing  the name of the person who signed the memo, the date
issued,  the  subject,  the affected  subpart, and  any relevant  regulatory citations) to the  EPA
                                                49

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 Section 8: Steps in Developing Applicability Determinations,  continued
contractor  for  posting  on  the  ADI. Headers,  abstracts,  and determinations  should be  converted to
three  separate  ASCII  files,  and named  according  to  the  procedures in Attachment 4, "ADI  Update
Procedures."  The  ADI  is  updated  quarterly;  however,   memoranda with  their  headers  and
abstracts should be  sent as soon  as possible  to  the  contractor,  to  ensure  timely posting of
determinations.  The  current  address  for  submitting  headers,  abstracts,  and memoranda  is:
pqa@pqa.com

The  ADI  is an invaluable  tool for ensuring  national consistency,  used widely  by regulatory
agencies and  the  public.  It is  the  responsibility  of  all  staff  involved  in  drafting  determinations  to
ensure that the ADI  is complete  and  current.  Questions regarding  the  ADI  can be  directed  to the
Manufacturing,  Energy,  and  Transportation  Division  in  OC  (see  contact  in  Attachment  6).
8. Publication in the Federal Register

Starting  in  1999, OC  plans to  publish  notice  of the availability  of applicability  determinations  in  .
the Federal  Register  (FR).  Publication  in  the  FR provides fair  notice to  other  companies  of the
Agency's  interpretation,  and  sets  in  motion  a 60-day  period for judicial  review.

OC  will  be  performing this  function  for all EPA  Regional  Office  and  Headquarters-issued
applicability   determinations,  provided  the  determinations   are  submitted  to  the  ADI.  Current
plans are to  publish the ADI  headers and abstracts  for  applicability  determinations in  the  FR,  and
to batch  publication  quarterly.  As  such,  OC  will rely on the  Regional  Offices  to perform  timely
updates  to  the  ADI.  Publication  would  be   limited  to  applicability  determinations  as  described  in
this  document,  i.e..  case-specific  determinations  that  apply  previously  promulgated   regulations  to
a  particular  set  of facts  at  a particular source.
                                                 50

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                                         Section  9

          Drafting  Points  for  Applicability  Determinations   and
                        Alternative   Monitoring   Responses
Overview

Applicability  determinations and alternative  monitoring  responses  must  include  enough
information that the question, the answer, and  the  rationale  are  all clear from reading  the
response  alone.  The  following  pointers  are provided to help avoid the most common drafting
pitfalls; this is not intended to be a comprehensive list of  issues to address.

For applicability questions  involving a  source where a violation  may  have occurred, there  needs
to be some decision as to whether issuance  of an applicability determination is the  best course of
action. For example, a  source may inquire  whether an action they have already taken constituted
construction  or  modification, If the source  is subject to the regulations  and has not been meeting
the regulatory requirements,  there  are  obvious enforcement  implications.  Section 5.1  addresses
how to  respond to applicability  inquiries in  post  hoc situations.
Drafting Pointers

•      Restate the question.  Remember that only EPA's response will  be posted on  the  ADI
       and not the  incoming question. To make determinations and  decisions  useful  for future
       guidance, it  is necessary  that the question  be accurately restated or summarized.

t      State the  applicable subpart.  Reiterate  in the  response  the  NSPS  or  NESHAP  subpart
       to  which-thi source  is potentially subject. This helps people find the  memo on the ADI,
       and provides  basic clarity. There  is a tendency  in testing and monitoring  responses to
       answer the specific technical question  at hand, without indicating which  subpart  applies.
                                               51

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Section 9: Drafting Pointers, continued
       Specify  what is  being  approved. It is essential  to clearly  state what  are the new
       requirements. The reader may not have  the  same  interpretation  of the  proposed or
       approved  monitoring as does  the author.  For example, if the monitoring frequency or
       method is  changing, reiterate  in the  approval what  is the new frequency or the  name  of
       the  method. If the  protocol is very  lengthy  and is being approved in its entirety, attach or
       specifically cite the new  method.

       Say  why.  State  the  rationale  for  the determination, approval,  or disapproval, and  be  more
       specific than "based on your  submission" or "it is acceptable upon  review." Usually  the
       submission is not attached to the final response,  and  even if it is, the reader does not
       know what arguments  in the  submission were persuasive  or in error.  In  approving
       alternate span values,  for example,  state why the quality of data  is not compromised.

       Build the record to support the determination or decision. Cite and summarize
       documents  which  support  the determination.  If basing the  determination on  "information
       provided by OAQPS,"  state  what information  specifically,  e,g.. a Background
       Information Document,  or  a  specific  economic  analysis.  If concurring  with a  Region's
       recommended interpretation,  be specific  as to  what  information  within  their argument is
       particularly   compelling.

       Cite  the  appropriate  statutory  and  regulatory  provisions,  guidance documents,  policy
       statements,  determinations,  and  interpretations.  When  referring  to  a  previous
       determination, cite  at  a minimum the  date, author, and origin (office) of the
       determination. Where  preamble language  exists that  is  on  point,  identify,  quote or
       paraphrase  the  Federal  Register  notice.

       Leaving out this  background  information  forces future  readers  of the  determination  to
       redo  the  background  research, and  weakens the determination.  If a previous
       determination seems to contradict our current  determination,  explain how the  current case
       is different; such issues should be brought to the attention  of OC.

       Read the draff memo and try to find the auestion. the answer, and the rationale.
       After drafting the response,  re-read  the  response and  see  if these three basic  questions can
       be  answered, without relying  on the  incoming  materials.
                                                52

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                          Attachments
1     Part 63 Delegable Authority Memorandum

      "Delegation'of 40  CFR Part  63  General Provisions Authorities to  State  and Local
      Air Pollution  Control Agencies," from  John S.  Seitz,  Director,  Office of Air
      Quality  Planning  and  Standards,  July  10,   1998.
2     Parts 60 and 61 Delegable Authorities Memoranda for NSPS and
      NESHAP Applicability Determinations  and Alternative Monitoring


3     Selected EPA Delegations of Authority


4     Applicability Determination  Index Update Procedures


5     OECA  and OAQPS Organizational Charts


6     NSPS and NESHAP General Contacts

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                                    Attachment 1
                    Part  63  Delegable Authority  Memorandum
"Delegation of 40 CFR Part 63 General  Provisions Authorities  to  State  and Local  Air  Pollution
Control Agencies," from John S. Seitz, Director,  Office of Air Quality  Planning and Standards,
                                     July 10,1998.

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                         UNITED  STATES ENVIRONMENTAL  PROTECTION AGENCY
                                RESEARCH  TRIANGLE PARK, NC 27711
           ^PPO**
MEMORANDUM
                                                 JUL
                                                      101998
                          OFFICE OF
                     AIR  QUALITY PLANNING
                       AND STANDARDS
SUBJECT:
FROM:
TO:
              Delegation  of 40 CFR  Part 63  General Pfavisions Authorities to State  and  Local
              Air  Pollution  Control  Agencies

              John S. Seitz, Director
              Office  of Air  Quality PI

              See  Addressees
        This  memorandum is to provide guidance  to the
discretionary  authorities relating to  air toxics  in 40 CFR
Provisions) to  State and  Local  Air Pollution Control (&L) agencies
subpart E  (Approval of  State Programs). Under the
has the authority to approve  certain changes to, or make decisions
Provisions  requirements.  Questions have been  raised by thi
may  make  the same  discretionary  decisions when they ure delegated
                                                      EPA Regional  Offices  on  delegation of
                                                     I. part 63,  subpart A (the  General
                                                                  through 40  CFR part 63,
                                                              •visions, the  EPA  Administrator  .
                                                                 under,  specific  General
                                                         ie  Regions  about whether  S/L  agencies
                                                                   the  General  Provisions.
                                                  authorities
       In  explaining the  straight  delegation  process
agencies  under 40 CFR part  63,  subpart E, we  did not
delegated to S/L agencies  when  they seek straight
Although this  is  briefly  discussed  in the  proposed
Register. August 11,1993, page 42775-42777), the
will fill  that gap by  clarifying which  discretionary
through  straight  delegation of the General Provisions.
must  then  specify in delegation  agreements  or
being  delegated to each State.  We recommend that
soon  as  possible. Therefore,  this  memorandum is
guidance for  you to begin implementing  the  changes
subpart E  rulemaking changes any source-specific
the General Provisions, but the  guidance  in this
future decisions  regarding the  General  Provisionsi' authorities.
        To implement these changes, you  will need to .<
 General Provisions'  authorities  have and  have not
 delegated  authorities in the past that  should  no longer
 S/L  agencies that delegation of these  authorities will
     foi delegating  air toxics provisions to S/L
       clarify  what discretionary authorities  are
   delegation of the General  Provisions.
   Gemral Provisions'  preamble  (Federal
     for incoming proposed subpart  E  revisions
                 (fefee^delegated to S/L agencies
        At your discretion,  the  Regional Offices
documents which of the subpart A  authorities are
     you begin implementing  these  changes  as
   intended to explain the  changes  and provide
      now. Neither this memorandum  nor the
        sions that  have already been  made under
 memorandum should be used  as guidance for all
                                                      lariry with your  S/L  agencies which
                                                  been delegated.   In cases where you  may have
                                                      >e delegated,  you will need to inform your
                                                        revoked.
      fcte

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                                              2

       At  this time, we arc also  providing clarification of section 63.6(i)(l),  "Extension of
Compliance with  Emission Standards," General Provisions authority.  This  section states "(u)ntil
an extension of compliance  has been granted by the Administrator (or a State with an approved
permit program) under this paragraph, the  owner or operator of an affected  source subject to the
requirements of this section shall  comply with all applicable requirements  of this  part." It is our
interpretation that this  authority does not require  delegation tbrough subpart £ and,  instead, is
automatically granted to States as part of their part 70 operating permits program approval
regardless of whether the operating permits  program approval is interim or final. Additionally,   it
is our interpretation that the State would not need to have  been delegated a particular source
category or have issued a part 70 operating permit for a particular source to grant that source a
compliance  extension.

        We arc also providing clarification of section 63.5(e) and (f), "Approval and  Disapproval
of  Construction and Reconstruction,"  General  Provisions authority.  The Clean Air Act as
amended (1990 Amendments), sections 112(i)(l) and (3) state that the "Administrator (or a State
with a permit  program approved under title V)" can determine whether a source will  comply with
the standard if constructed  properly.  It is our interpretation that this authority  does not require
delegation  through subpart E and,  instead, is automatically granted to States as part of their
part 70  operating permits  program approval.

       -Link to section  112(1): This guidance only addresses the case where the General
Provisions  are delegated to an S/L agency  through straight delegation under  section  112(1)
provisions  which were promulgated in 40 CFR part 63, subpart E.  Therefore, the guidance
addresses  S/L agencies' authority to make  source-specific decisions  only,  not source-category
wide  decisions.  Any S/L agency wishing to make discretionary decisions on  a source-category
wide basis under the General  Provisions or any other part 63 requirement  would need to use the
section 112(1) .delegation process under 40 CFR part 63, subsections 63.92,63.93, or 63.94 to
substitute its own rule  or program.  When  subpart E  revisions  are promulgated, section 63.97  will
be  added to the above MR as a delegation option.

        Consistency with Previous Policies: This guidance is intended to be  consistent with
previous policies developed for new source performance  standards (NSPS) under 40 CFR
part 60,' national emission standards  for hazardous air pollutants (NESHAP) under 40 CFR
             for example, February 24,1983 Memorandum on Delegation of New  Source
 Performance Standards Authority to States, from Jack Farmer, Acting Director, Emission
 Standards and Engineering Division, OAQPS, to Allyn  Davis,  Director, Air and  Waste
 Management Division,  Region VI; and March 24,1982 Memorandum on  Delegation of
 Authority to States:  NESHAPS, from  Kathleen  M.  Bennett, Assistant  Administrator for Air,
 Noise  and Radiation  to  Regional Administrators,  Regions I-X.

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                                              3

part 61, and for changes to State implementation plans (SIP's)? Past guidance issued for NSPS
changes has  permitted delegation to S/L agencies of all the Administrator's authorities except
those that require Federal nilemaking, or those for which Federal oversight is critical to ensuring
national consistency in the application of standards. Additionally,  such delegations were  not
intended to give S/L  agencies the authority to issue interpretations of Federal law that are
subsequently  binding  on the Federal Government.  Current SIP policy, as reflected in White
Paper Number 2 for Improved Implementation of the Part 70 Operating Permits Program,'
permits S/L agencies  to alter SIP requirements so  long as the alternative  requirements are shown
to be qually  stringent  and are within a pre-approved protocol (and so long as public review is
provided and EPA approval  is  obtained).  The S/L agencies can show quivalent  stringency  by
providing substantive  criteria in SIPs  governing the.implementation of alternative requirements.

        We  recognize  tbat Regions have the prerogative to approve delegation of  specific
authorities to  some S/L agencies and not to others. Therefore, we encourage Regions to provide
as  clearly as possible  an explanation of the criteria they have used to approve or disapprove
delegation of a specific authority, and to apply those  criteria consistently  across their S/L
agencies. Such criteria could include a determination of whether the S/L agency has sufficient
expertise to make such decisions, or a determination  that the working relationship between the
Region and the S/L agencies is such that individual decisions could  or could not  be determined
through consultation on  an "as  needed" basis.  For example, you may want to  work more closely
with your S/L agencies on their first decision-making  for some authorities, thus gaining
assurance that the  S/L agencies  can and will  make appropriate  decisions. We  also recommend
that Regions obtain copies of all S/L agencies' alternative determinations for their records;
especially where new issues are addressed.

Delegation of Specific Authorities

        The part 63 General Provisions lists  15 specific types of authorities for which the
Administrator may  make discretionary decisions on a soujsfidpficific basis. When the General
Provisions are delegated to  an  S/L agency,  such discretion may be  appropriately delegated,
provided the  stringency of the  underlying standard would not be compromised.

        We recognize  that, in order for Regional Offices to  have the authority to delegate some of
the authorities out&d in this memorandum (such as  intermediate changes to  test methods),
 delegation 7-121 must first  be  revised to delegate these authorities to the Regions.  We intend to
 make this revision, i.e., to  delegation 7-121,  as  soon as possible.  Additionally, the Emission
        However,  we are expanding our  interpretation of previous policy  for the applicability
 detenninations*  discretionary  authority.

        1 Memorandum from Lydia Wegman, Deputy Director, OAQPS, to Regional Air Division
 Directors, March  $1996.

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Measurement  Centerof the Emissions  Monitoring and Analysis Division must receive  copies of
any  approved  intermediate changes  to test  methods  or monitoring.  Please  note  that intermediate
changes to  test methods must  be demonstrated  as  equivalent through  the  procedures  set  out in
EPA  method  301  (see  Attachment  1). This  information will be  used  to compile a database of
decisions  that will be accessible  to  the  S/L  agencies  and Regions  for reference in making  future
decisions. Regions are  asked  to  ensure that initial  intermediate  changes to  testing and monitoring
made in  each  Region  are  evaluated. All  intermediate test changes  and  State-issued intermediate
changes  to  monitoring  should  be provided via  mail  or facsimile to:

                        Chief,   Source Characterization  Group A
                        U.S.  EPA  (MD-19)
                       Research  Triangle  Park,  NC  27711
                        Facsimile   Telephone  Number: (9 19)  54  1-1 039

Changes  in monitoring  issued  by Regional  Offices should  continue to  be  posted on  the
Applicability Determination  Index (ADI).  For  electronic file  transfer  procedures   for ADI
updates,  please contact Belinda Breidenbach in the  Office  of Compliance  at 202-564-7022.

        We have  divided  the  General  Provisions  discretionary  authorities  into  two  categories,
based upon the relative significance  of each discretionary type of  decision:  they are those
authorities which  can be  delegated  and  those  authorities  which  cannot be  delegated. These
categories are  delineated  below:

Category I.  General  Provisions  That May   Be Delegated

        In general, we  believe that,  where possible,  authority  to  make decisions which are  not
likely to  be nationally  significant or to alter the stringency of the  underlying  standard  should be
delegated to  S/L  agencies. While we understand the  need for Federal oversight of  S/L agency
decision-making  which  will  ensure  that the delegated  authorities  are  being adequately
implemented  and enforced,  we do not want to  impede S/L agencies  in running the  part 70
operating permit and  Federal  air toxics programs  with oversight that  is cumbersome.  We
recommend that  Regions  rely on  their existing mechanisms  and  resources for oversight.  During
oversight, if the  Region_ determines  that the S/L  agency had  made decisions  that  decreased the
 stringency  of the  standard, then corrective actions should  be  taken and the source(s) should be
notified.  Withdrawal of  the program should be initiated  if the  corrective actions  taken  are
 insufficient.

        The authorities  listed in Table  1 may be delegated  to  S/L agencies,  so long as the  S/L
 agencies  have  the  capability  to  carry out  the  Administrator's responsibilities  and  any decisions
 made do not decrease  the  stringency  of  the standards. Since  you are  ultimately  responsible  for all

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General Provision^ authorities'  decision-making  made  in your  Region, I am comfortable  with
trusting your judgement about  which  of the  Administrator's discretionary  authorities  listed  here
should be  delegated to  the S/L  agencies in your  Region.  When  the  Region delegates  any category
I authority to  the  S/L agency, it could be accomplished either when the  General Provisions  are
delegated  or at the time  that  each relevant  maximum  achievable control  technology (MACT)
standard is delegated,  with the  exception  of approval ofconstruction  and reconstruction  (40  CFR
part 63, section 63.5), which  should be delegated when the General Provisions  are delegated.

        There  are  some category I  authorities,  such as approval  of intermediate  alternatives to test
methods, for which you should  be  notified when decisions  are  made  by  your S/L  agencies.  Also,
you may want to  monitor the progress of S/L agencies'  decision-making, in  addition to updating
your files  for compliance  and  enforcement matters.  We have  indicated  these authorities  in
Table  1 with  an  asterisk.  We  encourage you  to document, in  delegation agreements  or  delegation
rulemaking,  the  request for  notification when  decisions  are  made regarding the  indicated
category  I  authorities.

Category  .II.  General Provisions  That  May Not  Be  Delegated

        Authorities  listed in this section are those decisions  which could result in a change to the,
stringency  of  the  underlying  standard,  which  are likely to  be  nationally  significant,  or which may
require a  rulemaking and  subsequent  Federal Register "notice   Therefore,  these  authorities  must
be  retained  by the EPA  Regional  Office or EPA Headquarters.   As a  result, the following
authorities  in Table 2 may not be  delegated to  S/L agencies  (all  references are to  sections  of 40
CFR part  63,  subpart A):

        If you have any questions,  or  would like to  discuss  this  matter further,  please contact me
at  (919) 541-5608, or Tom Driscoll of my staff at  (919) 541-5135.

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             Table 1. General  Provisions'  Authorities that  may be  Delegated
Section
Section 63.1 .
Section 63.6(e)
Section 63.6(f)
Section 63.6(h)
Sections 63.7(c)(2)(i) and (d)
Section 63.7(e)(2)(i)'
Sections 63.7(e)(2)(ii) and (f)*
Section 63.7(e)(2Xiii)
Sections 63.7(e)(2)(iv) and (h)(2), (3)
Sections 63.8(c)(l) and (e)(l)
Section 63.8(f)*
Section 63.8(1)*
Sections 63.9 and 63.10
Authorities
Applicability Deter&nations
Operation and Maintenance Requirements *
Responsibility for Determining Compliance
Compliance with Non-Opacity Standards •
Responsibility for Determining Compliance
Compliance with Opacity and Visible
Emissions Standards • Responsibility for
Determining Compliance
Approval of Site-Specific Test Plans
Approval of Minor Alternatives to Test
Methods (see Attachment 1)
Approval of Intermediate Alternatives to Test
Methods (see Attachment 1)
Approval of Shorter Sampling Times and
Volumes When Necessitated by Process
Variables or Other Factors
Waiver of Performance Testing
Approval of Site-Specific Performance
Evaluation (monitoring) Test Plans
Approval of Minor Alternatives to
Monitoring (see Attachment 1)
Approval of Intermediate Alternatives to
Monitoring (see Attachment 1)
Approval of Adjustments to Time Periods for
Submitting Reports'
        'Regions  should be notified when these decisions  are  made  by S/L  agencies  who  have
been  delegated authority  to  make these  hinds of decisions.

        'Adjustments  to the  timing  that reports  are  due can be  delegated, as mentioned  in sections
63.9(i) and 63.10(d) and (e), but not the  contents of the reports.   For title  V  sources, semiannual
and annual reports are required by part 70 and nothing herein changes  that requirement.

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Table 2. Authorities That May  Not Be  Delegated
Section
Section 63.6(g)
Section 63.6(h)(9)
Sections 63.7(e)(2)(ii) and (f)
Section 63.8(f)
Section 63.100-1
Authority ,
Approval of Alternative Non-Opacity
Emission Standards
Approval of Alternative Opacity Standard
Approval of Major Alternatives to Test
Methods (see Attachment 1)
Approval of Major Alternatives to Monitoring
(see Attachment 1)
Waiver of Recordkeeoine - all

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                                       ATTACHMENT  1

       Intermediate  change  to monitoring is a  modification to  federally  required  monitoring
involving  "proven  technology"  (generally  accepted by  the  scientific  community  as equivalent  or
better) that  is applied on  a site-specific basis  and that  may  have the potential to decrease the
stringency  of the  compliance and  enforcement measures  for the  relevant standard.  Though site-
specific,  an intermediate  decrease  may set a national precedent  for a source category  and may
ultimately result  in a revision to  the  federally required monitoring.   Examples  of   intermediate
changes to  monitoring  include, but are not  limited to:  (1) use  of a  continuous emission
monitoring  system (CEMS) in  lieu  of a parameter  monitoring  approach; (2) changes  to  quality
control  requirements  for  parameter monitoring; and  (3)  use  of an electronic data reduction  system
in lieu  of manual  data  reduction.

       Intermediate change to  a  test  method is  a  within-method modification  to a federally
enforceable  test  method  involving  "proven  technology" (generally  accepted  by the scientific
community  as  equivalent or better) that is applied on a site-specific  basis and  that  may have the
potential to decrease the  stringency  of the  associated  emission  limitation or standard.
Intermediate changes are not  approvable  if  they  decrease  the  stringency  of  the  standard.   Though
site-specific, an intermediate  change  may  set  a national precedent for a  source category and may,
ultimately result  in a revision to  the  federally enforceable  test  method.  In order to be approved,
an  intermediate change must  be validated according  to  EPA method  301 (part  63,  appendix A)  to
demonstrate that it provides  equal or improved  accuracy and  precision. Examples  of
intermediate changes to a  test method include, but are not  limited to:  (1)  modifications to  a test
method's  sampling procedure including  substitution  of sampling  equipment  that has  been
demonstrated  for  a particular sample  matrix and  the use  of a different impinger absorbing
solution;  (2)  changes in  sample recovery  procedures  and analytical  techniques,  such  as  changes
to  sample holding times and  use  of a different analytical  finish with proven capability for the
analyte of  interest; and  (3)   "combining*'  a  federally-required  method  with  another proven method
for  application  to  processes  emitting  multiple  pollutants. As an  example, Region IX  and the
CARB  have  developed  a testing  protocol  to determine  whether California  chromium
electroplaters needed to  "retesf* for the  Chromium  Electroplating  NESHAP. This testing
protocol has  been attached (Attachment  2)  for your information should  you choose to use  it.
Again, these  examples should only be approved  if they do  not decrease the stringency of the
monitoring    requirement.

        Major change  to monitoring  is a  modification to  federally  required monitoring that uses
unproven technology  or procedures  or is an  entirely new method (sometimes  necessary  when  the
required  monitoring  is  unsuitable).  A major change to a test method may be site-specific or may
 apply to one  or more  source categories and  will usually set a national  precedent.  Examples  of
major changes to  a test method include,  but  are  not limited to:  (1)  use of a new  monitoring
 approach developed  to  apply to  a control  technology  not  contemplated  in  the applicable
 regulation;  (2) use of a predictive emission monitoring system (PEMS) in  place of a required

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Attachment  1   Continued

continuous  emission-monitoring  system  (CEMS);  (3)  use  of alternative  calibration procedures
that  do not involve calibration gases or test cells; (4) use  of an  analytical  technology  that differs
from that specified by a  performance  specification;  and (5) use of  alternative averaging times for
reporting   purposes.

        Major change to  a test method is  a modification to  a  federally  enforceable test  method
that  uses unproven technology or procedures or  is an  entirely  new method (sometimes  necessary
when  the  required test method is  unsuitable).  A major change to a test  method may be  site-
specific or  may  apply  to  one or more  source categories and will  usually set a national precedent.
In order to be approved, a major change must  be validated according  to  EPA method 301
(part 63,  appendix A).  Examples of major  changes  to  a test method include,  but  are  not  limited
to:   (1) use of an unproven analytical finish, (2) use  of a method  developed to fill  a test  method
gap; (3) use of a new test method developed to  apply  to a control  technology not  contemplated in
the  applicable regulation;  and (4)  "combining" two  or more  sampling/analytical  methods  (at least
one  unproven) into one  for  application to processes

        Minor change  to  monitoring is a  modification to  federally required monitoring  that
(a) does  not  decrease  the stringency of the compliance and  enforcement measures for the  relevant
standard;  (b) has  no national  significance  (e.g.,  does  not affect  implementation  of the  applicable
regulation for other affected  sources, does  not  set a national precedent,  and individually does  not
result  in  a  revision to  the monitoring requirements);   and  (c) is site-specific,  made to  reflect or
accommodate the  operational  characteristics, physical  constraints,  or safety concerns  of an
affected  source. Examples  of minor changes  to  monitoring include,  but are  not limited to:
(1)  modifications to a sampling  procedure,  such  as  use of an  improved  sample conditioning
system to  reduce  maintenance requirements;  (2) increased  monitoring  frequency; and
(3)  modification of  the  enviromuental  shelter  to  moderate temperature fluctuation   and thus
protect  the  analytical  instrumentation.

        Minor change to  a test method  is a modification to a federally enforceable test  method
that (a) does  not decrease the  stringency of the emission limitation or standard; (b) has  no
national significance (e.g., does  not affect implementation  of the applicable  regulation  for other
affected sources, does  not set a national precedent,  and individually  does  not result in a revision
to the test method); apj^(c) is site-specific,  made  to reflect or accommodate  the operational
characteristics, physical constraints, or  safety  concerns of an affected source.  Examples  of minor
 changes to a test  procedure,  such  as a modified sampling traverse or location  to  avoid
 interference from  an  obstruction in  the  stack,  increasing the sampling time or volume,  use  of
 additional impingers for  a high moisture  situation,  accepting particulate emission  results for a
test  run  that was conducted  with a lower than  specified  temperature, substitution of a material in
the  sampling train that has been demonstrated  to be more inert  for  the  sample  matrix,  and
 changes  in recovery  and  analytical  techniques such as a  change  in  quality control/quality
 assurance requirements needed to  adjust for analysis of a certain  sample  matrix.

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NOTE: The authority to approve decreases in sampling times and volumes when
necessitated by process variables has typically been delegated in conjunction with the
minor changes to test methods, but these types of changes are not included within the scope
of minor changes.

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                                     Attachment  2
   Parts 60 and 6 1 Delegable Authorities Memoranda for NSPS and NESHAP
             Applicability  Determinations and  Alternative  Monitoring
         "Delegation  of Authority  to States:  NESHAPS"  from  Kathleen  M.  Bennett,
           Assistant  'Administrator  for  Air, Noise  and Radiation,  March  24,  1982.

"Delegation of  New  Source  Performance.  Standards  Authority to  States"  from Jack  R.  Farmer;
     Acting  Director,   Emission  Standards  and   Engineering  Division,   February  24,  1983.

     "Delegation  of NESHAP  Authority  to State  /Local  Agencies"  from Jack R.  Farmer,
        Director,  Emission   Standards  and  Engineering  Division,  December  17,   1984.

"Delegation of  NSPS  and NESHAP  Authority  to  State/Local Agencies" from  Jack  R.  Farmer,
        Director,  Emission   Standards  and  Engineering  Division,  September   11,  1986.

      "New  Section  for  all  NSPS  and  NESHAP Regulations:  Delegation of  Authority"
       from  Jack  R.  Farmer,  Director,  Emission  Standards  and  Engineering Division,
                                   November  12,  1986.

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                                                 PN 112-82-03-24-002
           UNITED STATES ENVIRONMENTAL PROTECTION AOINCY
                       WASHINGTON, D.C, 204«0
                              24 1962
                                                        QPPIOfOfi
                                                  AIR. NOrtB AND flA&lAT»OW
MEMORANDUM

SUBJBCTi Delegation of Authority  to Statess NESSAFS

FROM*     Kathleen  M. Bennett
          Assistant  Administrator  for Air, Noise and Radiation

TO:       Regional Administrators,  Regions I  -  X

     Several  Regional offices  have reraested  guidance  on  issuing
an •automatic"  delegation to States o t the authority   to   implement
the NESHAP program*   There  has also been  a  request for quidance
on  delegation of the  authority  to grant waivers  of compliance  with
HESHAPS*

     AS discussed in  my guidance  document  of December 29r 1991,
for the Administrator's Accountability System,
          the Agency should  be as  flexible as possible
          in the determination  o f  when a State prograa
          is adequate and delegation should  be aad«.
          The  appropriate attifude toward  Statt and lo
          agencies  is  to  presume both  capability  and
          proper intention,  if at all possible.
In order to promote the delegation of the NESHAP program  (am well
as the  NSPS  program), an  •  automatic"  delegation to the States
should be pursued.   Automatic delegation would  not only provide
States  with  the implementing authority  for  current  standards under
the  NESHAP  program,  but  would  also  provide the authority for
future standards  a 8  they are published in the federal  Re sister.
Again citing  the  guidance document,

           regional  offices  should  foster this approach
           by consulting with appropriate Stateof ficials
           and  attempt to resolve any legal  issuer which
           may  inhibit this   approach in  some fitatet*

     With  regard  to delegating  the  authority to  grant waivers of
compliance with  KBSHAPS,  the Agency  bar now  concluded that this
authority   could be  incorporated  into the •  G^+OtXIfyG delegation of
the NESHAP program   Original 1 y the Agency had  retained th«
authority  to grant  waivers to insutt consistent  application of the
standards  while the  States  were  familiarizing theaselves  with  this
program,    Because  there was never any legal restriction preventing


                                 112
                                 2-1

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tht dtlagatlon of  thla authority,  tht  Agtney has now dtttrnintd
that tht Statta.  2£2>MTt  •   dvanood in thtlr gtntralitndtratandinf if
tht profr&m and that  thty cafl •   fflteomrthia  additional
rtiponalblHty*  ffhtrtfort, tht ourrtnt policy with rtaptct to
delegation of V   &hotit to grant  w«iv«rt of compliance  la to
include thia function Jntha •  mutomltioa d«lag«tionof tha ME8HAP
program,

     A8  a clarification, it •hould benotadtAat  //flaourc«g art
currtntly tligiblt for waivara of oonplianet and  would  not bt
caught in thr inttrin during my tranafar of authority  to  Itatav
to grant waivtri.   Tha walvtr pttiod  of two y«»r« fron  tbr
tfltotiv* datt Of any praaant MISHAP atandard  haa «lvaady axpirad.
Thtrtfort, tht natd  to  iaaut  waivtri to txiating loureti  will not
ariat until ntw itandacdt att promulg*ttd undtr tht  MI8BAP
     If  you havt any qutttiona oonctrnirn the  dtltgation at
authority to st«t*c for  tht NBfHAJ  or  NIPS programa,  you ahould
                               112
                               2-2

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*'   •••.'•   \        UNITED  STATES  ENVIRONMENTAL  PROTECTION  AGENCY
  ^    """ o                  Office  of Air Quality  Planning and Standards
           T                 Research  Triangle  Park,  North Carolina 27711


                                       February  24,  1983
       SIIJICL"    Delegation  of  let  Source  Performance Standards-Authority to States
                                                    -^~N      . I r*^ /
       FIOI:       Jaci  1.  Farmer,  Acting
                  Emission  Standards  ana  F.ngineeer/ig  Division
       TO:         Allyn  I.  Davis,  Director
                  Mr  and  iaste  Management  Division,   legion  VI

             Foor iovember  23,  19X2,   nenorandoi  to  Ir.  Don I.  Goodrin  (copy
       attacbed)  requested  guidance   on   rbicb   of  tie  Administrator's  discretionary
       antborities  under 40  CF1  Fart  60 can  be  delegated  to the  States,   lou
       identified  57  specific  paragraphs  rnicn   contain  provisions  tnat  require
       tne   Jldiinistrator's   approval.    ie  nave  developed  guidance  on  tne  aBtnori-
       ties  JOB  identified  pins  several  otner  aotnorities  not  specifically
       mentioned  in  joar  request.

            Our  g«idance  penits  delegation  to  a   State  of all  tne  Administrator's
       authorities  under Fart  60  except  for anj   rnicn  require  rnleialing   in  tne
       federal  Icgistcr  to  implenent  or  fliere  Federal  overviet  is  tne  onlj  MJ
       to  ensure  national  consistency   in  tne  application  of  standards.  Tne  divi-
       sion  of  State/£Fjl  aitnoritj snonld  be  based  on  tbe  principle  of  respecting
       tne  tecbnical  judgment of  tbe  State   ritb   EPA's  role  being  primarily  one
       of  monitoring  and  evaluating   overall  program  performance   and  providing
       assistance   rben   necessary.    Implementation  decisions   generally  sbomld   be
       nade  bj  tbe  State,  rbile  tbe   Agency  sbonld  male  only tbose  decisions  tbat
       nave  tbe potential  to  alter tbe  meaning of tbe  standard  or result  in
       divergent  application   in  different  areas.

              Ibe  authorities   tbat  sbonld  not be   delegated to  tbe  States  are
       listed   belor.   All  other"  authorities  may  be  delegated.   0f course,  tbe
       decision  of  rbetber  or  not  to  delegate  antbority  under  any  particular
       section  rests  ritb  tbe legiomal  Office  based  om an  assessmemt  of  tbe
       State's   intentions  and  its  legal  and  programmatic  capability   to  implement
       tbe program.   Ibis  guidance  establishes  tbose  sections  rbicb from  a  legal
       amd  policy  perspective are  able  to  be  delegated.

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                                           2

      The   decision Making  authority  that  this  guidance  allows  to  be  delegated
to  the States  pertains  to  Minor  nodifications  to  testing  and  Monitoring
Methods.   These  authorizations  appear  in  the  regulations  where  the  potential
for  advancements  in  test  procedures,  equipnent,   reagents,   or   analytical
procedures   was  anticipated.   The  regulations,   consequently,   were  structured
to  allow  changes  in  sanpling  and  neasureMCMt  technology  to  be  incorporated
in  an  efficient  and  reasonable  Manner.   Jhe  decision  to Make  a Minor  change
can  generally  be Made  by  coMpetent  testing  and   laboratory  personnel.
Approval  by  an enforcement  agency  is  needed  to  confirm  that  the  change  is
ninor  in   nature  and  provide  a  nechanisn  to prevent  inexperienced  testing
and  laboratory  personnel  fron  inadvertently  Making  Major changes  to  the
Method.    Subsequent  approval  by  the  Adninistrator  is  not needed,   because
the  ninor  changes  do  not  affect  the  precision  or  accuracy of   the  Method
and,  therefore,  are  not  of  national  significance.    The  delegation,  however,
should  require  adequate  docuaentation  of any changes   to testing  or  Monitoring
Methods  so  that  periodic   auditing  by  EPA  can  confirn   that  this  discretionary
authority  is  not  being  abused.


     Authorities ihich  May   lot  Se  telegated  to  States  inder  Section  111

       1.    Paragraph  60.8(b)(2)  and   60.8(b)(3).  In  order  to  ensure  unifornity  7
and  technical  quality   in   the  test  Methods   used  for  enforcement  of national
standards,   the  Agency  will  retain  the  authority  to  approve   alternative   and
equivalent   Methods  which   effectively  replace  a  reference  method.  This
restriction  on  delegation   does  not  apply to   60.8(b)(1),  which allows  for
approval   of Minor  Modifications  to  reference Methods   on a  case-by-case  basis.
This  authority  allows,   for  example,   a  field  engineer  to  approve  deviations
to  Methods   that  are  necessary  because  of  site-specific  problems  or
circumstances.     Requests   for  approval  should  be submitted   to  the  Director,
Emission   Standards  and  Engineering   Division.  A   technical review   will   be
performed  and  any  approved  methods  or  chamges  to methods will  be  proposed
and  subsequently promulgated  in  the  federal  legister.   At such  time,  the
alternative  or  equivalent   methods  become  a  part  of 40   CIS fart 60  and
are  available  for  general  use.

      Some  subparts  include  general   references  to  the  authority  in  60.8(b)
to   approve  alternative  or  equivalent   standards.  Examples   include,  but
arenotnecessarily-1imitedto,paragraphs 60.1Kb),60.274(d),  60.396U) (1),
60.396UM2), and393(c}(l)(i).rAese references are reminders of  the
provisions  of  paragraph  60.8  and  are  not  separate  authorities   which  can
be   delegated.

        2. General Provisions 60.11 (e),  The  granting  of an   alternative
opacity  standard requiresasite-specfic  opacity  limit  to   be   adopted  under
40  Cfl tart 60.   The  Administrator  may  mot delegate   the authority for
 rulemaking.

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                                          3

       3.   Subpart  S,  60.195(b).   Development   of  alternative   conpliance
testing schedulesfor  primary ainninnn  plants   is  done  by  adopting   site-
specific  anendnents   to  Subpart  S.   Tbis  autbority  nust  be retained  bj the
Jdninistrator.

       L   SubnartDa, 60.45a.   Couercial   demonstration  pen its  allot an
alternative  emissionstandard  for  a  linited number  of  utility  steam
generators.    delegation  to  tne  States  is  expressly prohibited  in  tbe
sibpart.

       S.   Suhparl  GG  60.332(a)(3) and 60.335(a)(11). Tiese  sections
pertain  to  approvalofcustomized/actorsffnelnitrogen  content  and
ambient  air  conditions,  respectively)  for  use  bj  gas  turbine  manufacturers
in   assembly-line   compliance   testing.    Since   eacb   approval  potentially
could  affect  emissions  from  equipment   installed  in   a  noiber  of  States,
tbe  decision laling   lost  be  maintained  at  tbe  Federal  level  to  ensure
national    consistency,   fotices  of approval must  be  pvblisbed   in  tbe
federal   fcgistcr.

       J.    fgBivalcncy     Jetcrninations,  Section lll(h)(3]of Clean Air Act.
Approval  of  alternativestoany   design,eovipnent,rort   practice,or
operational   standard  [e.g.,   60114(a)aii(I 60.302(d) (3)]  is accomplished
 tbroBgb  tbe  rolenaiing  process  and is  adopted  as a  cbange  to   tbe  individual
 sabpart.    Ibis avtbority  nay not  be delegated  to  the States.

        1.    Innnovative Tecbnolopj faivers. Section  lll(j) of tAe Clean Air
Act.    Innovative technology waiversmast be adopted as site-specific
 amendments to tbeindiFidaalsaftpart.    Ibe  aotboritj  to  grant-raivers  nay
 not  be  delegated.   Any  applications  or  questions  pertaining  to  such
 waivers  should  be  sent  to  the  Director,  Emission   Standards  and  Engineering
 Division.    ffote  tbat  responsibility   for   lll(j)  bas  been  transferred
 fron  tbe  Stationary Source  Conpliance  Division   (SSCD)  to  tbe Emission
 Standards  and Engineering  Division  (ESED).]   States   nay   be  delegated  the
 authority  to  enforce  waiver   provisions  if  the State  has  been delegated
 the  authority to  enforce  flSPS.

        3    Applicability    Dctcrainations.   Tbe  Majority of applicability
 determinations are  expected  to  be  routine  in  that  there would  be  an
 established   precedent   to  follow.   Delegations  sboold  be   conditioned  to
 ensure tbat  all  interpretations of 40  Cfl fart  60   (including  Section  60.5)
 are  consistent  ritb tbose  fade  by tbe EPA in  the  past.  A  compendium  of
 all  historical  decisions  is   prepared  by  SSCD  and  distributed   to  tbe
 legional   Offices  annually  with   updates  nade  quarterly.  These  summaries
 should be sent  routinely  to  each  State  or local  agency that  has been

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                                        4

delegated  ISPS  authority  along  with  an  explanation  that  these   decisions
represent  ISFS  policy.   Any situations  not  clearly governed  by  precedent
should  be  referred  to  the  Regional  Office  for  decision.    As in  the  past,
requests  for applicability  decisions   should  be  forwarded  to  the  Director,
Stationary  Source   Compliance   Division.

Mtacinent

cc:   Air  iaste   and  Management  Division  Directors,
       legions   I-F  and  VIIX
      K. Campbell (MD-10)
      C. El kins (ANR-443)
         leyers   (AM 443)
         *eici   (El  3411
      F. Jfemier (MD-10)
      /.  SaJo  (\ 133)
      I. Shigehara  (MD-19)
      «. SteigervaJd (MD-10)
      G.  falsA   (KB  131

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 •_•  t
mi
                UNITED STATES ENVIRONMENTAL  PROTECTION AGENCY
                       Office of Air Qialitj Planning aid Staadarrfs
                   "   lesearci  Itiasglc fail, lortli Caroliaa 27711
                                  DEC i7  B84
IMIfJIiff

SUBJECT: Delegation of NSHAP  Au
fill:
 JO:
                                                              1  Agencies
           Emission Standards and! Engineering M 7. ft Jon (MD-13)
             David  F.  loreianp,   Director
                 Management Division, legion ix
      Tbis  is  in  response  to  your  memorandum  requesting  guidance  on  rbicb
 of tbe  jldninistrator's  discretionary  aotborities  under  40  CFI  Part   61
 can  be  delegated  to  State  and  local  agencies   (Hereafter  referred  to  as
 "States").    Foo   identified   121   specific   paragraphs   tbicb   contain   provisions
 tbat   require   tne  Administrator's   approval.

      0or  guidance pen its  delegation  to  a  State  of  all  tne  Administrator's
 aotnorities  under  fart  61,   except  for  anj  which  require rulenaking  in  tne
 federal  Icgistcr  to   inplenent,   or  tnere  Federal  overviet  is  tne  onlj way
 to ensure   national   consistency  in  tne  application  of   standards.  Tne   division
 of State/EPA  authority  should  be  based on  the principle  of  respecting  tne
 tecnnical  jodgnent of tne  State ritA  IPA's  role  being  prinarilj  one  of
 nonitoring   and   evaluating   overall  progran  perfornance  and  providing  assistance
 rben   necessary.   inplenentation  decisions generally  sboold  be  nade  by  tbe  State,
 rbile  tbe  Agency sboold  naie  onlj  tbose  decisions tbat  bave  tbe  potential  to
 alter  tbe  neaning of tbe  standard  or  result  in  divergent  application in
 different   areas.

      Ibis  guidance  periits tbe  delegation  of  discretionary  aotboritj  in   tbe
 Asbestos  standard pertaining   to   substitutions  for  certain  control  requirements
 [61.153UW), 61.153(b)(3l, 61.154(b)(l), 61.156(b)(3), 61.156(c)(2)].  Tliese
 aotborities were  included  in   the  regulation  where  the  need  for  flexibility
 in  deternining  COdtrol  reqoirenents   was  anticipated,   recognizing  that  these
 decisions  are  nost   efficiently-and  reasonably nade  bj   tbe  inplenenting   agency.
 These decisions  naj  be  nade  outside  tbe  authority  of  Section   112(e) and  do
 not  necessarily  require  notice  and  opportunity  for  public   comment.  Approval
 by  the   Administrator is  not  required  because   the  decisions   are  not  of
 national    significance.   Ibe   delegation,  borever,  sboold  require  adequate
 documentation   of  anj decisions  nade  wider  tbese paragraphs  so  that periodic
 auditing  by  EPA  can confirm   tbese   discretionary aotborities  are  not being
 abised.

-------
      The  guidance  also  permits  delegation  of authority  to  approve  Minor
Modifications  to testing  and  monitoring  set bods.   f,-Mr   nodifications   pertain
to  contingencies  that arise  in  the  field  and to  authorizations  that  appear
in  the  regulations  where   the  potential  for  advancements   in  test  procedures,
equipment,  reagents,   or  analytical  procedures   was   anticipated.  The   regulations,
consequently,    were  structured  to  allow  changes  in  sampling  and  measurement
technology  to  be  incorporated  in  an  efficient  and  reasonable  Manner.  The
decision  to Make  a  Minor  change  can  generally be  Made  by  competent  testing
and   laboratory   personnel.    Approval  by  an  enforcement  agency  is  needed  to
confirm  that  the  change  is  Minor  in  nature  and  provide  a  mecbanism  to  prevent
inexperienced  testing  and   laboratory  personnel   from   inadvertently  taking
Major  changes  to the Method.   Subsequent  approval  by  the  Administrator   is
not  needed,  because   the  Minor  changes  do not  affect  the  precision  or  accuracy
of  the  Method  and,   therefore,  are  not  of  national  significance.  The  delegation,
however,  should  require  adequate   documentation of any cbanges   to  testing or
monitoring  metnods so  that periodic  auditing  by  EPA  can  confirm  that  this
discretionary  authority  is   not   being   abused.

      Part  61 stipulates  that  if  reasonable  grounds  exist   to  dispute  the
results  obtained  by  an  equivalent  or   alternative  source  test  Method,   the use
of  the  reference Method  May  be  required,  and  the results   of the  reference
nethqd   prevail   I61.67(g),   61.70(c),  6l.l4(c)].   This  authority  May  be
delegated  since  the   implementing  agency  is  in the  best position to  sake
judgments   about   the  reasonableness  of  test  results  obtained  by  alternative
metnods  on  a  specific  source.    forever,   as  specified  in   the  guidance
below,   the  approval  or  withdrawal  of  an  equivalent  or  alternative  test
Method  is  done  by rulenaking  and  cannot  be  delegated.

      Paragraphs  61.11 and  61.13,  which  deal  with  waivers  for  compliance
 dates  and compliance testing,  can  be  delegated   if  the  State's  enforcement
and  implementation   procedures  are   adequate.   Granting  of  raivers   snonld
 be   in   rriting  and the  States  should provide copies  of each  written  waiver
 to   the  Regional  Office,   fevier  of waivers  should  be  part of  the  annual
 audit   process.

       Paragrapbs61.08(e)(2),  (il.l KVl.and  61.13(c) are basically statements
 clarifying   the  Administrator' s  antbority  and  tbe  relationship  of  certain
  provisions.    States   nay  rant  tbese  same  statements  in  tbeir  lars,  but  it
 should be made clear that  we are  not  relinquishing  our  enforcement  responsi-
 bilities  tbroogb  tbe  delegation  process.   In  tbe  final  analysis,  tbe
 Administrator  retains  concurrent   responsibility   for  tbe   enforcement   of
 tbe  Act  and any subsequent  regulation  developed  under the Act.

       The  authorities that  nay  not  be  delegated  to  tbe  State  are   listed
 beloi.   jlll  otber   authorities  may  be  delegated.  Of  course,  tbe  decision
 of  rbetber  or  mot   to  delegate  antbority under  any particular  section  rests  with
 the  Regional Office  based  on  an  assessment  of  tbe  State's  intentions  and its

-------
legal  and  programmatic  capability  to  implement  the  program.  This  guidance
establishes  tho^e  sections  which  from  a   legal  and  policy perspective  are  able
to  be  delegated.

Authorities  ihich  May  lot 
-------
                                     4

     On  June 6, 1984,  revisions  fere  proposed  to  the  General  Provisions
of Part 61 (49 F|t 23498).   The  proposed  revisions  included  so*e  section
number   chwtys-, '»$d  sote  sections  were  expanded.   If you  have questions
or  need  additional  guidance,  please  contact  John  Crenshaw  (629-5571  FTS),

cc:   Director, Air and Waste Management Division,  If eg ions I-YIII.x
     I.  Jiondi,  SSCt  (ES 3411
     R. Campbell, OAQPS (MD-10)
     G. Emison,  GAQPS (MD-10)
     E.  Xeich, SSCt  (EN-3411
     /. femier, 0.1 (/PS {MD-10}
     E. Salo, 0CCUE-132A)
     «.  SAigeAara, OAQPS/ESED (MD-191
     F. Steigervald,  01 OPS (MO-10}
     0.  Tjler,   OA^FS/CFM  (MD15)
     C. falsA, OAQPS/ESED (MD-13)

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              UNITED STATES  ENVIRONMENTAL  PROTECTION  AGENCY
              *      Office ofAiVQualityPlanningaiidStaiidards
                    lesearcb Mangle Ferl, lortl  Carolina 27711
                                 1  1 SEP 1986


MEMQ1H1W
SMJECT:  toleration  of  fer  Source  Ferformance   Standards   (NSPS) and
           fational   Emission   Standards   for  lazardoBS  Air   follotants
           Authority  to  State/Local  Ajj«fltT*s   A

FROM:      Jaci  1.  Farmer,  direct cfe.—J&CcJr*	'
           Emission  Standards  and  Engirfeep1n9 Division (MD-13)
FO:        David  F.  loreiamp,  Director
           Air  Management  Division,   legion  II


      Tbis guidance  is  in response  to  yow memorandum  requesting direction,
on  rnicli  of  the  Mu'nistrator "s  discretionary  aotnorities  under  40  11!
Farts  60  and  61  can  be  delegated to  State and  local agencies  (Hereafter
referred  to  as "States'").   As  JOB pointed  out,  re  issued  delegation
guidance  on  ISFS  on  Feborarj 24,  1983 and  on  V/M1P  on  December  17,  19X4
(botb  leios  attacbed).   Ibe sobparts  about which  you asked are  tbose  tbat
bave  been  promulgated  since tbose  tro  previous  leioranda.   In  addition,
re  are  including  guidance on  tbe  revised Fart  61  General  Provisions tbat
rere  pnblisbed on  fovenber  7,  10X5,  and  on five  standards  tbat  bave been
promulgated  since   re  received  jour  request (tbree  arsenic  iESEAP and
revisions  to iraft  pulp  (ill  ISFS and aspbalt  concrete  ISFS).

      He  are  unable to  provide  guidance on  iESEAf Snbparts   B,  I,  J, and  I,
'since  re do  not  bave  responsibility for  radionvclides  and  radon 222.  Flease
direct  anj  questions   to  Sbeldon  Meyers,  Director,  Office  of ladiation
Frograis   (ANR-458c),  l.S.  Environmental  Protection  Agency,  401  M  Street,
1.1.,   iasbington,   B.C.  20460.

      Ibe  antborities  tbat lay  not be delegated  to  the  States  are  listed
belot.   All  otber  antborities   lay  be delegated.  Ibe  criteria   for  determining
rbicb  of  tbe-antborities  can  be  delegated  to  States  bas  not cbanged  since
our previous  guidance  and  so are  not reiterated  here.     If yon  bave anj
questions about   tbis   guidance,  please  refer  to  tbe   attacbed menos  or
contact   Jobn   Crensbar,  FIS  620 5571.

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             Subpart
vv -- SOCMI Equipment  Leaks
ww - -  Beverage Can Coating
CCC --  Petroleum Refinery Equipment
        Leaks

JJJ --  Petroleum Dry Cleaning
                                       Amthorities
                                     ihich  May Vo(  be
                                    Delegated  to States

                                     60.482-l(c)(2)
                                     60.484

                                     60.496(a)(l)
                                     S0.493(b)(Z)(i)(A)

                                     69.59 2 (c)
                                     60.623
 fo restrictions in delegation
of  tbe  following  KtS  subparts:
I

la

AAa

tt

u

11
(revised 1/24/86)

(revised 1/2/86)
(revised 5/20/86)
FFF

ME

III

000

m

-------
                                                    Authorities
                                                  Which May lot be
            M-SIAP Sobpart                        Delegated to States

         - General Provisions                      61.04(b)
     J      Benzene Equipment Leaks                 61.112(c)

     I   -- Arsenic,  Ciass Manufacturing           61.164(a) (2)
                                                  61.164(a)(3)

     0   -- Arsenic,  Low Arsenic Feedstock         61.172(b) (2) (i 1 ) (B)
           Copper Smellers                         61.172(b) (2) (1 1 ) (C)
                                                  61.174(a)(2)
                                                  61.174(a) (3)

     1   -- Arsenic,  High Arsenic Feedstock        fo  restrictions
           Copper Smelters

     F   - - Equi pment Leats                         61.242-l(c) (2)
                                                  61.244

     Four suggestion to provide delegation guidance  along with each final
rule is  a  good  erne.   In the future, we will add a paragraph entitled
"Delegation of Authority" to each ISPS and XESHAP regulation. That paragraph
will indicate any authorities that may not be delegated to States or  local
agencies.

     If I  can be of further assistance, please do not hestitate to contact
•e.

2  Attachments

cc:   Director,  Air  and taste  Management Division,  Regions   I-YIII.X
     Rich  Siondi, SSCD (EN-341)
     Ron  Campbell, DAQPS (MD-10)
     Gerald Emison, OAQPS (MD-10)
     Ed Rei<% SSCD (EN-341)
     FredRenner, 0\QPS (MD-10)
     Charlie Carter, OGC (LE-132A)
     Earl  Salo,  OGC  (LE-132A)
     K.J.  Steigerwald, 0\QPS (MD-10)
     Darryl Tyler, OAQPS/CPDD (MD-15)
     George  Valsh, OAQPS/ESED  (MD-13)

-------
               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                      Office of 4ir flialitj Planning and Standards
                     lesearri Triangle Part, forti Caroiiia 27711
                                   NOV 12 1986
IHfMMMI


SWECT:  lew  Section  for  all  NSPS^afTthflESHAPJtegulations:   Delegation
           of  jintAority

FIOI:      Jaci  1.  Farier,,  01 r<
           Enission  Standards and Engineering  Division  (MD-13)

10:        RobertL. Ajax, Chief, Standards Development Branch>ESE»
           Janes  V.   Crowder,  CAief,  Industrial   Studies  IrancA,  ESEtt
           George  i.   ialsh,  Chief,  Emission  leasnrenent  Branch,  ESED
           Susan  I.  ijatt,  CAief,   Chciiials  and  FetroJeon  francA,  £S£0


      Effective  iuediatelj,   all  ISFS  and  V/M1P  rp»u/aiionv  »///  Aave   a
ner  section  entitled,   "Belegation  of  ^HtAoritj." TAe  new  section  will
designate  which  of  the  Administrator's  discretionary authorities  nay  be
delegated  to the States  and which  shall be  retained Aj  /PI.  TAe  ner
section  sAooId  Ae  added to  all  regulations  nor  tinder  development  or revier.
jit  tAis tine,  re do not  intend to  revise  tAe  existing  regulations to add
tAe  net  section,   forever,   as  existing  regulations   are  reviered  or revised,
tAe  section  should  he  added  then.    The new  section shall appear  as the
last  nnmbered  section  in  the  regulation.  The  fornat is  contained in
Attachment   A.

Background

      Section  lll(c) and  112(d)  of tAe  Clean  Mr Act prescribe  that  EPA
nay  delegate  tO__any State  tAe aotAoritj  to  inpleient and enforce  ISfS
and  iESMAP.   De-legations  are  negotiated  on  a   case-Aj-case  basis  Aetreen
EPA  Regional  Offices  and  the  individual   States  (sometimes  local   agencies
also).   The transfer  of ISFS  and  \lStt\P authority to a  State  in  no  way
precludes  EPA  from  enforcing a  standard in  Federal   court  should the State
fail  to  effectively  do so.   legional  Offices  periodically  review  the
performance  of  States   through  program  audits.

      The  policy of EPA  has  been  to encourage  delegation  of  programs to
States  to   the  maximum extent  practicable.  Most States  have  accepted
delegation  for  most  of  the  ISFS  and MSEAP.  About   one-third  of  the States

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have provisions for automatic delegation of new standards  as they are
promulgated; but, with the rest,  some form of delegation procedure takes
place  with  each-new standard.   In either case, the Regional Offices must
specify to the States  which of the Administrator's discretionary authorities
contained within a regulation can be handled by the State and which shall
he retained  by  EPA.   Generally, the authorities for which  delegation  is
in question are those  parts of a regulation  that state "the Administrator
may. . ." or "the Administrator shall. , ,"   In situations  lite  these, it
is unclear whether or  not the regulation is  addressing a decision that
truly must be made by  EPA.

     Regional Offices have repeatedly asked ESEO to provide guidance on
what authorities they can delegate.   The problem with this guidance is that
it is provided periodically;  covers  batches  of standards; and, therefore,
is often unavailable at the time of  the initial delegation negotiations.     ,
Also, since the guidance is in memo  form,  it  can be misplaced or forgotten
easily.   For reasons of efficiency and program effectiveness,  we have
decided to provide delegation guidance as a  part of the  standard itself.

Guidance
     Attached are the three guidance memos on delegation that have been
sent to the Regional Offices.   The memos cover all SSPS and 9ESHAP that
have been promulgated through September 11, 1986,  and the General Provisions
to both ISPS and 9ESRAP.    FOB should refer to these  leios for general
guidance on delegation issues and for past decisions on specific standards.
Please follow these precedents,  unless there are overriding factors on a
case-specific  basis.

         ESEO Guidance Memos	Topics	

          February  24,  1983        ISPS aid Part  SO Ceneral
                                   Provisions

          December  17, 1984        MSRAP and Part  61 General
                                   Provisions

          September  11, 1986       ISPS  (promulgated after 2/24/86),
                                   MSMP  (proMttlgated   after
                                   12/17/84), and Part 61
                                   General  Provisions   (revised)


     The OAQPS policy, as reflected in these memos,  permits delegation to
a State of all the Administrator's authorities except  for any which
require rulemaking  in the Federal Register to implement  or  where federal
overview is  the only way to ensure national consistency in the  application
of  standards.   The  division of State/EPA authority  should be based on the
principle  of respecting  the  technical judgment of the State. Implementation
decisions generally should be made by the State,  while the Agency should

-------
make only those'decisions that have the potential  to alter the meaning of
the standard OT result in divergent application  in different regions of the
country.

     Historically, most of the SSPS and SESHAP authorities have been
delegated, as evidenced by the three guidance memos.  Authorities that
have been withheld are those that meet one of the  conditions listed-below.
These are not the only conditions under which delegation can be withheld.
Unique circumstances may warrant withholding delegation of certain decisions
and can be considered on a per case basis.

Authorities Which May Sot Be Delegated to States Under Sections  111 and  112

     1.  Equivalency Determinations.

     Approval of alternatives to any design, equipment,  work practice, or
operational standard is accomplished through rulemaking  and is adopted as
a change to the individual subpart.   Rulemaking authority may not  be
delegated.

     I.  Alternative Test Methods.

     In order to ensure uniformity and technical quality in the test
methods used for enforcement of national  standards,  the  Agency will retain
the authority to approve alternative methods which effectively replace a
reference   Method.  Approved methods or changes to methods will be proposed
and subsequently promulgated  in  the Federal  Register. At such time, the
alternative or equivalent methods become a part of 40 CFR Part 60  and are
available for general use.

     3.  Decisions Where  Federal Oversight is Seeded to Ensure National
Consistency.

     0 One example is  the Gas Turbine SSPS: The approval of customized
factors for use by manufacturers in assembly-line compliance  testing.
Since  compliance is determined by the manufacturer rather than the user,
the decision can affect emissions in a number of States  and,  therefore,
has national significance.

     0 Another jixample is the Beverage  Can SSPS: Approval of alternative
procedures for  computing spray booth  transfer efficiency (TE).  The
science of measuring  TE is not well-developed, understood,  or documented.
Expertise on  TE generally is  not available  to the States.

     4.   Any Decision That Requires Rulemakins to Implement.

      One example is the Primary Aluminum SSPS:   Alternative compliance testing
 schedules are adopted by site-specific amendments to the SSPS and, therefore,
may not be delegated.

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Coordination   -

      John  Crenshaw  is  responsible  for  delegation  issues  within  ESEt.    If  jot
have  any questions  about  this  guidance  or  about  delegation  of any  specific
authority,   please  contact  John.

4  Attachfents

cc:  I.  tiondi,  SSCD
     i.   Cafpbeii,  o\qrs
     C.  Carter,  0CC
     j.  Etison,  o\qrs
     F.   tenner,  0\QPS
     E.  Salo,  0CC
     K.   Steigerwald,   0\f)rS
     D.  Tjler,  CPM

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                                                          ATTACHMENT A
             Sew Section for All ISPS and XESHAP Regulations


60 or  fil.XXX*   Delegation of Authority.

     (a) In delegating implementation and  enforcement  authority to a

State under section lll(c)** of the Act, the authorities contained in

paragraph  (b) of this section shall be  retained by the Administrator

and not transferred to a State.

     (b) Authorities which will not be delegated to States:

          60.aaa(c)(2)***

          60.aab(b)(l)(a)
            etc.
   *Last numbered paragraph of the regulation.
  "Section 112(d) if MSHAP.
 ***If there are  no authorities that must be withheld, enter ""$ o
    restrictions'" here.

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                                 Attachment  3


                    Selected EPA Delegations of Authority


       Delegation 7-127. "Applicability Determinations," dated August 7,  1995,
                             EPA Delegations Manual.

Delegation 7-121.  "Alternative Methods" dated August 7,  1995, EPA Delegations Manual.

 Delegation 7- 119. "Performance Test" dated August 7, 1995, EPA Delegations Manual.

  "Redelegation of CAA Part 63 MACT General Provisions," from Steven A. Herman,
      Assistant Administrator, Office of Enforcement  and  Compliance Assurance,
                                 August 31, 1995.

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DELEGATIONS  MANUAL                              1200  TN  406
                                                 8/7/95
                   CLEAN AIR ACT PfBI!PMBIfFs QP 1990
                7-127.  Applirah^lit-Ty Determinations
1 .  AUTHORITY .   To   issue   determinations  pertaining   to
applicability  of  a  source  to  40 CPR  Parts  60,  61,   and  63  and
pursuant to Section Ul(b), HKd), lll(f),  lll(h), 112 (d) ,
112 (f)   and  112 (h)  of the  Clean Air Act.
2 .  TO WHOM DELEGATED.  Regional  Administrators   and  the   Assistant
Administrator   for  Enforcement   and   Compliance  Assurance.
3 .  LIMITATIONS .  Regional   Administrators   or   their   redelegatees
must  provide  summaries  and  copies  of  the  applicability
determinations   on  a   quarterly  basis   to  the  applicability
determination   index.
4.  REDpLEGAT^tL AOtHQaEflYQ r i t v   may   be   redelegated   to
the Branch Chief level or equivalent.
5.  ADDITIONAL REFERENCES.
      a.   Sections  111  of  the   Clean Air  Act.
      b.   Sections  112  of  the   Clean Air  Act.
      c.   40  CPR  60.5  and 61.06.
      d.   This  delegation,  Applicability Pe terminations
supersedes    Delegation   7-15.

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DELEGATIONS  MANUAL                                    1200 TN  406
                                                        8/7/95

                   CLEAN ATR  ACT AMENJflffijNTS OP  1990

               "•*••     7-121.  Alternative  Methods


1.   AUTHORITY.

      a.  To   approve  or   disapprove  alternatives  to  any  monitoring
methods required  under  40  CFR  Pas+v. £Q,  61,   or 63  pursuant  to
Section lll(f), lll(h),  112 (d),  112 (f)  and 112 (h) of the Clean
Air  Act .

      b.     To   approve   or   disapprove   alternative  test  methods,
equivalent   methods,   alternative   standards,   or   procedures   required
under  40  CFR  Part 60,  61,  or  63  pursuant to  Section  lll(f),
lll(h) , 112 (d) ,  112 (f)   and 112 (h)  of  the Clean  Air Act.

2.   TO WHOM DELEGATED.

      a.   Authority   la.  is   delegated   to   Regional   Administrators.   -
                                                                        i.
      b.   Authority   Ib.  is  delegated   to   the  Assistant              "
Administrator  of  the  Office   of  Air  and  Radiation.                  ;

3.  REDELEGATIQI^AUTHORITY

      a.  This  authority may   be   redelegated  to   the  Branch   Chief
level or   equivalent.

      b.   This  authority  is  redelegated  to  the   Director of   the
Office  of  Air  Quality  Planning  and  Standards,  and  may  be
redelegated   to  the  Branch  Chief   level  or  equivalent.

4.   ADDITIONAL REFERENCES.

      a.   40 CPR 60.8(b) (2) and 40  CFR 60.8(b)  (3)

      b.   40 CFR 61.13(h)  <1) (ii)
      c.  40  6*R 63.6(g),  40  CFR 63.7(e)  (2) (ii),  40 CFR  63.7{f).
and 40 CFR 63. 8 (f) .

      d.   Section  111   of  the  Clean  Air  Act.

      e.   Section  112   of  the  Clean  Air  Act.

      f.   This   delegation,   Alternative^ Methodla .    h    e
delegation titled Performance Teat  supersede   delegation    7-14

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DELEGATIONS   MANUAL                                    1200  TN  406
                                                        8/7/95


                    CLEAN ATR ACT AMENDMENTS OF 1 QQO

                   7-119.  Performance Test


1.   AUTHORITY.   To  approve  the  use   of  a  reference  method  with
minor  changes  in  test  methodology,  to  approve  shorter   sampling
times  and  smaller  sampling   volumes   when   necessitated  by   process
variables,  to  waive  the  requirement  for  a  performance  test
pursuant   to   Section  lll(f), lll(h),  112 (d) ,  112(f)  and  112 (h)  of
the  Clean Air  Act  if   the  owner  or   operator  of an  affected  source
has  demonstrated  by  other  means   that  the   affected   source  is  in
compliance.


2.   %Q WHOM  DELEGATED.   Regional  Administrators.

3.   REDELEGATION AUTHORITY.   This  authority  may  be  redelegated   to
the  Branch  Chief  level  or   equivalent.

4.   ADDITIONAL REFERENCES.

      a.   40  CPR 63.7(e)  (2)  (i),  40  CFR  63.7(e)   (2)  (iii),  40 CFR
63.7(e)  (2)  (iv), and 63.7(h) .

      b.   40  CFR 61.13(h)  (1)  (i)  and,  40  CPR  61.13(h)(l)  (iii).

      C.   40  CFR 60.8(b) (1), 40  CFR  60.8 (b)  (4), and 40 CFR
60.8(b)  (5).

      d.   Section  111  of  the  Clean  Air  Act.

      e.   Section  112  of  the  Clean  Air  Act.

      f.   This delegation,  ?erfQrmance_Tjeat.  and  the   delegation
titled  Alternative*  Methods   supersede   delegation  7-14.

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              UNITED STATES  ENVIRONMENTAL  PROTECTION AGENCY

                          WASHINGTON,  D.C. 20460
                               _ i                                OFFICE ff

                           AU8 *  1995                         ENFORCEMENT AND
                                                            COMPLIANCE   ASSURANCE
MEMORANDUM

SUBJECT:   Redelegatiqn o/ CM\Pj«:yj3MACT   General   Provisions

FROM:       Steven A. rart^n7*ttsStant Administrator
         ^  Office  ofyEnforcemsnr apd Compliance   Assurance

TO:         Addressees

      I  hereby  redelegate  the  authority  delegated   to  me   in
delegations;

7-116      Compliance  Extensions   ,                                'l
7-1T3       Construction    and    Reconstruction,                        ?,
7-127       Applicability  Determinations,  and                      i
7-128       Establishment   of   Monitoring   Parameters   to   Demonstrate
            Compliance

to   the   Division   Directors   of  the  Manufacturing,   Energy,   and
Transportation   Division;  chemical,    Commercial   Services   and
Municipal  Division;  Agriculture  and   Ecosystems   Division;   and  the
Air   Enforcement   Division.   These   authorities   are   further
redelegated  to  the   branch  Chiefs   of   the  Manufacturing  Branch,
Energy   and  Transportation  Branch,   Chemical  Industry   Branch,
Commercial   Services   and  Municipal  Branch,   Agriculture  Branch,  Air
Toxics,   New  Source  Review  and  Permits  Branch,  and  SIPs,  NSPS,
Acid  Rain,   and   Stratospheric   Protection   Branch.

Addressees  :     John  B.   Rasnic,   Director
                 Manufacturing,   Energy,   and  Transportation   Division

            ^r  Elliott   Gilberg,   Acting  Director
               ~i   Chemical,   Commercial   Services  and   Municipal
                 Division

                 Rick   Colbert,    Director
                 Agriculture   tnd   Ecosystems    Division

                 Kathie  Stein  Director-
                 Air  Enforcement Division

                 Mamie  R.  Miller,  Chief
                 Manufacturing   Branch
                    . PiMtd wHi VtgMiMt Ol B«Md kite on 100% RMycM Ftp* (40% Po*coraumr)

-------
                      Attachment  4
  Applicability Determination Index Update Procedures
         "Format for Submitted Determinations to ADI,"
Manufacturing, Energy, and Transportation Division, January,  1998.

-------
       Format for Submitting  Determinations to  ADI
For each determination, there will be  three files: a header  information file, an
abstract file, and a file containing the determination  letter  itself. These  files
are submitted  electronically for updating of the  ADI.  This  guidance describes
the file types,  file  nomenclature,  descriptions-of the file types,  examples, and
information  for file  transfer.

These three files need  to be ASCII Text files. The files can be converted to
this format within the word processing software where they are created.  For
example, in Word  Perfect for Windows, each file can be converted by
selecting "Save As" from the File menu and then selecting "ASCII  (DOS)
Text", within the box labeled "save File as  Type:"

File Names

The management of the large amount of  data that is being submitted  to ADl'
is  made easier by requiring that  each  office use the following scheme  for
naming  the three files  associated with each determination.  Each file name
has four parts:

(1) Identify Region  or  Office with a single character

      Use:        For:
      I             Region l-likewise for  2-9
      0            Region 10
      E           EMAD
      S            ESD
      C           CCMD
      M _  -       METD
      D    -       DOE
      G            OGC
      P            OPPTS

(2) Identify recipient-use 6 characters  or  fewer from  name of individual or
corporation

(3) identify file type with  a single character

      Use:        F_Q_r:
      H            Header

-------
                                                         ADI Formats
                                                         January, 1998
                                                         Page 2

      A           Abstract
      L            Letter

(4) Identify  category-use a  period followed by the three letter abbreviation

      Use:         Ear.:
      .NSP        NSPS(Part60)
      .NES        NESHAP(Part61)
      .MAC             MACT (Part  63,  New NESHAPs)
      .CFC        CFC regulations
      .ASB        Asbestos regulations
Header Files

Header Information should  include the following items.  For any  determination'
where certain information is unavailable or irrelevant,  that category should be-
left blank. Please  have the  items  in this order:

       Date
       Region (within  Headquarters, use specific office such as METD)
      Title (a very brief description of subject  of the determination)
      Author (EPA official whose name is  typed on the signature  line)
       Recipient
       Comments (if the name and number of a contact person is  given at the
       end of the  letter, that information can be included  here)
       Subpart
       Legal Citations

Abstract  Files

The  Abstract should begin with a question that briefly identifies the type of
facility, device,  process,  etc. to which  the  determination  pertains,  and
summarizes the question the source  is asking. The answer should give a
clear answer with  a brief explanation of the reason behind the Agency's
response. For complex determinations that cover several distinct  issues,  it is
helpful to use one question  and one answer for each issue. Note  that  it is not
necessary to indent or tab within the Abstract; each line  can  be flush with
the left margin.

Letter Files

The  Letter file consists  of the actual  determination  that was sent,  and should

-------
                                                         ADI Formats
                                                         January, 1998
                                                         Page 3

include  anyattachments  that were included where the information in the
attachments is  not widely available or is  not well explained within  the
determination letter itself.  For example, it would not  be necessary to  include
a copy  of a regulation that was enclosed, but it is important to  include a copy
of a previous  memo  or letter on which the current determination relies
without  explaining its contents.

Examples

Examples of Header  and  Abstract Files with their filenames are given on the
following pages. Please follow  the style of the examples  such as giving  the
Author's last name followed by a comma and the first name, or using  the
numerical format for  the date.  It is not necessary for the  file to begin with  a
line that gives  the filename or a title such  as "Header Information" or
"Abstract."

File Transfer

The  easiest method  of transmitting the determination files is  to  include all  of
the ASCII files  into a  ZIP  file using PKZIP. Then attach the ZIP file  to an  E-
mail message.  Send the  E-mail directly to  the  contractor  at
pqa@pqa.com.  If you have questions or wish to  use another file transfer
method please call Perrin Quarles Associates at  (804) 979-3700.

-------
                                                        ADI Formats
                                                        January, 1998
                                                        Page  4
                             5INTPAPH.  MAC

Date: 02/09/1 995
Region: Region  5
Title:  Int.  Paper-Batch  Vapor  Coating  Extractor
Author:  Varner,  Bruce
Recipient:  Jayne, Thomas
Comments:  contact  Bruce Varner  312-886-6763
Subpart:   T
Legal  citations:  63.461
                             5INTPAPA.  MAC

Q: A batch vapor coating  extractor separates polyethylene from  paper using,
trichloro-ethylene.    Is this extractor subject to subpart T?

A: No. Section 63.461  says a solvent  cleaning machine is one that removes"
soils from surfaces. The described activity  is not a cleaning operation.
                             5BASSERH.NES

Date: 04/02/1 991
Region: Region 5
Title:  Benzene  transfer-exemptions
Author:  Kee,  David
Recipient:  Basser,  Shari
CommentSLXontact Spiros Bourgikos 312-886-6862
Subpart: BB  I
Legal citations:  61.300,  61.302, 61.305(0
                             5BASSERA.NES

Q:  Is a terminal that handles benzene-laden liquid from a coke by-product
recovery plant exempt  from  subpart BB?

A: Individual loading racks that handle only exempt liquids, like coke by-
product recovery  plant  liquid, are exempt. However,  if the rack also handles
a non-exempt liquid, the source must keep records and  report. In addition, if

-------
                                                        ADI Formats
                                                        January, 1998
                                                        Page  5

the rack  handles more than 1.3  million liters a year of non-exempt liquid, the
emission  standards  apply.  The exemption does  not cover other racks  at the
terminal.
                              2HMMH.NSP

Date:
Region: Region 2
Title:  custom fuel monitoring  schedule
Author:  Muszynski,  William
Recipient: Lipka,  George
Comments:  contact  Kenneth  Eng  212-264-9627
Subpart:  GG
Legal citations:  60.332,  60.333, 60.335
                              2HMMA.NSP

Q: Does Subpart  GG  allow the use of methods of fuel gas sulfur analysis
other than  reference methods?

A: Yes, other methods  of  documented  accuracy  are  acceptable.

Q: Does using one sample taken  each day after all truck deliveries have been
completed satisfy the  oil testing requirements of Subpart GG?

A: No, a sample  must be taken for each  delivery  unless the facility obtains
approval for a custom schedule.

Q: Will EPA approve alternate fuel sampling schedules for two gas  turbine
engines?  I

A: Yes, the specified  custom schedules are approved.

-------
            Attachment 5
OECA and OAQPS Organizational Charts

-------
Office of Enforcement and Compliance Assurance
 CURRENT
as of 11/19/98
1
1 It
Office of Criminal Enforcement
Forensics and Training
Earl Devaney, Director
Michael Wood, Dtp Din


Legal Counsel ft Resource
Management Division
Jonathan Cole, Director
Kathi Payne, Dep. Dir.
Criminal Investigation
Division
Leo D'Amtco. Director
William Parr, Dep. Dir.
National Enforcement
Investigations Center Div.
Diana Love, Director
Gary Young, Dep. Dir.
National Enforcement
Training Institute
biv&ion
Gerald A. Bryan, DM
Ellen Slouch. Dep. Dir. i



Administration and* Resources
Management support staff
Dennis DeVoc, Director
Laurie Ford, Deputy Dir.
Enforcement Capacity and
Outreach Office
eter Rosenberg, Director (Act
Peter Rosenberg, Assoc. Dir.
Office of
Environmental Justice
Robert J. Knox, Assoc. Dir.
Office of
Regulatory Enforcement
Erii Schaefler. Director
Connie Musgrove, Dep. Dir.






Multimedia
Enforcement Division
Melissa Marshall, Director
MarkPollins,AD.
Water
Enforcement Division
Brian Mais Director
Betsy Devlin, A.D.
Toxics and Pesticides
Enforcement Division
Jesse Baskerville, Director
Ann Pontius, A.D.
Air
Enforcement Division
Rnice Buckheit Director
Richard Biondi, AD
RCRA
Enforcement Division
David Nielsen, Director
Desi A.Crouther, A.D.
Enforcemeni and Compliance
Assurance
Steven A. Herman
Principal Deputy Asst.
DAA/OECA Administrator
Sylvia Michael
Lowrance Slahl


Office of
Compliance
Elaine Stanley, Director
Bruce Weddte, Dep. Dir.

Enforcement Planning,
Targeting & Data Div.
Frederick Stiehl, Director
Anne Lassiler, A.D.
Manufacturing, Energy
A Transportation Div.
John Rasnic, Director
Kenneth Gigliello.AD
Chemical, Commercial
Svcs. ft Municipal Div.
Elliott Girberg, Director
Maureen Lydon, A.D.
Agriculture and
Ecosystems Division
Rick Colbert Director
David Lyons, A.D. (Act)

Federal Facilities I
Enforcement Office 1
Craig Hooks, Pjrwlor 1
James Edward, ASSOC. Dir. I
r 	
Site Remediation and | Planning* Ft
Enforcement Staff I Compluu
Mary K. Lynch. Dir. iDon Franklii
Office of Planning
and Policy Analysis
Nancy Stoner, Director
John Fogariy, Deputy Dir.

evention ft| <
ice Staff 1
^DirJActjJ

Office of 1 1 Office of h
Site Remediation Enforcement Federal Activities
Barry Breen, Director Richard Sanderson, Diior
SusUI Bromm, Dep. Dir. 1 1 Anne Miller, Dep. Dir. |

Policy and Program
Evaluation Division
Linda Boomazian, Director
Paul Connor. D.D.
Regional Support
Division
Sandra Connors, Director
Debbie Villari, D.D. (Act)



NEPA Compliance
Division
William Dickerson, Director
B. (Catherine Biggs, A.D.
International Enforcement
and Compliance Division
Michael Alushin
Director


-------
               OAQPS
                                                                 Current
         ?  Office of Air Quality Planning and Standards
    "** M* ***      us Erivirorimeaital Protection Agency
                                                                                                                         tfl
IMMEDIATE   OFFICE
 John  Seitz,  Director      MD-10
   Sandy  Trippe,  Secretary   641-5616
 Lydia  Wegman,  Deputy  Director
   Sherry Russell, Secretary 541-5504
                                     WASHINGTON OPERATIONS STAFF  Mail 6301
                                     Anna Duncan, Director                260-5575


                                     POUCY ANALYSIS AND  COMMUNICATIONS STAFF
                                      Jeff  Clark,  Director      541-5557      MD-10
 Henry Thomas Assoc. Dir. - ProgramrOper.   pLA       RESOURCES  &  REGIONAL  MANAGEMENT  STAFF
 John  Bachmann  Associate Direftyr\
      Science/Policy & New Programs
                                      leva Spons, Director
                                                          541-0882
                                                                      MD-11
                                                                                                 Addresses/Phones:
                                                                                                   North  Carolina  (9*O) 541-5616
                                                                                                      OAQPS ( MD-10J
                                                                                                      Research  Triangle  Park, NC 27711
                                                                                                   Washington     (202)  2604575
                                                                                                     OAQPS (6301), 401 Market; SW
                                                                                                      Washington,  DC 20460
 EMISSIONS, MONITORING,
 AND ANALYSIS DIVISION
 BUI Hurt, Director
 DawM MoJMeft AwoclatB
                                  EMISSION STANDARDS
                                  DIVISION
                                                                     407 QUALITY STRATEGIES
                                                                      & STANDARDS DIVISION
                                                                      BUf tit^M'ai rt*> ' *^«iiii% imt^*'» filtiM mt in ir
                                                                      ora iwnQfl, ASSOCIIIpp MtrBCtOf
                                                                                        r
                                                                                         MD-15
                                                                                                       INFORMATION TRANSFER &
                                                                                                       PROGRAM INTEGRATION
                                                                                                          BobK0«.m, Awocfate Director
                                                                                                                    '         '
  4/rOua/rty Trends
                                                                     Integrated Policy &
                                                                     Strategies Group
                                                                     Joe Paisic     541-5628
                                                                                                       Operating Permits Group
                                                                                                        Steve Hltte       541-5281
                                    Metals Group
                                     AlVervaert    541-5601
                                    Minerals A Inorganic
                                    Chemicals Group
                                     Jim Crowder    541-5422
                                                                                                       Integrated Implementation
                                                                                                       Group
                                                                                                       Karen Blanchard  541-5319
Monitoring & Quality
Assurance Group
Rich Scheffe       541-5651
                                                                     Ozone Policy & Strategies
                                                                     Group
                                                                      Tom Helms    541-5526
                                                                                                        Information Management
                                                                                                        Group
                                                                                                         Ed Lillis         541-5586
                                  Combustion Group
                                  Doug Bell      541-5578
                                                                     Health Effects & Standards
                                                                     Group
                                                                     Karen Martin   541-5688
Air Ooa/fty Modeling Group
 JoeTikvart        541-5561
                                    Coatings & Consumer
                                    Products Group
                                     Unda Herring   541-7946
Emission Inventory *
Factors Group
David Misenheimer * 541-0875
                                                                                                       Information Transfer
                                                                                                       Group
                                                                                                        ChetWayland     541-5547
                                                                     Risk & Exposure
                                                                     Assessment Group
                                                                     Dianna Byrne  541-5648
                                    Organic Chemicals Group
                                     Susan Wyatt    541-5673
Source Characterization
                 MD-19
 Bill Umason      541-5582
                                                                                                        Education & Outreach
                                                                                                        Group           MO-7
                                                                                                          Howard Wright    541-5455
                                                                     Ws/b///fy
-------
          Attachment 6
NSPS and NESHAP General Contacts

-------
     General Contacts for Parts  60, 61 & 63 Applicability Determinations
Air Media Contact for OECA/Office of Compliance:
       OECA/OC/METD                Sally  Mitoff        202-564-7012
                                       Belinda  Breidenbach  202-564-7022

OECA/Office  of Regulatory  Enforcement/Air Enforcement  Division:
       NSPS:                           James  Jackson       202-564-2002
                                       Zofia  Kosim        202-564-8733
       NESHAP:                        Charlie   Garlow      202-564-1088
                                       Ginny   Phillips       202-564-6  139

Office of General Counsel:
       NSPS:                           Diane McConkey    202-260-923  1
                                       Jocelyn deGrandpre 202-260-0330
       NESHAP:                        Patncia  Embrey     202-260-7625
                                      (will provide  appropriate staff  contact)

Lead  Region  for  Enforcement:
       Region 3                         Bemie   Turlinski     215-814-2110

Applicability  Determination  Index:
       OECA/OC/METD                Belinda  Breidenbach  202-564-7022

Monitoring Contact  for  NSPS  &  NESHAP  (technical  questions)
       OAQPS/EMAD                   Peter  Westlin       919-541-1058

MACT  Issue Resolution  Process (IRP)   Larry  Brockman     919-541-5398

OAQPS-OECA  MACT  Implementation  Forum
       OAQPS/ITPID/PIRG              Gil Wood          919-541-5272
       OECA/OC                       Sally  Mitoff        202-564-70  12

Unified Air Toxics Website Contact:
       OAQPS/FTPJD                   Nancy  Pate          919-54  1-5347

OAQPS/Enaission  Standards  Division:
       Coatings  &  Consumer  Products (CCPG)          919-541-7946
       Combustion  Group (CG)                        919-541-5578
       Organic  Chemicals Group (OCG)                919-541-5673
       Policy, Planning & Standards  Group (PPSG)      919-541-5627
       Metals Group (MG)                            919-541-5601
       Mineral  &  Inorganic Chemicals  Group  (MICG)    919-541-5422
       Waste  &  Chemical Processes  Group (WCPG)      919-541-5671

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