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EPA's Region 6 Office

Serving: Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribal Nations

ADAM-CAP: Delegations Unraveled

What authorities does an agency receive with delegation?
The delegated agency becomes the primary implementation and enforcement authority for the delegated standard. In addition, the NSPS and NESHAPs programs provide some flexibility from the promulgated requirements in a number of ways, as specified in individual rules, General Provisions regulations, and the statute itself. Examples of authorities that may be delegated to state, local, or tribal agencies include the ability to issue or approve certain applicability determinations, compliance schedule extensions, or alternatives to testing or monitoring requirements. The level of EPA review for this flexibility is reflected in EPA's delegations of authority. The method for application and approval of this flexibility varies as specified in guidance or regulations. Although Region 6 has prepared summary tables of Delegations Status by Rule/Subpart (NSPS 60, NESHAP 61, NESHAP 63) for quick reference, the most recent CFR of each Subpart should be consulted for accuracy.

How does delegation occur?
In general, a state, local, or tribal agency must demonstrate adequate legal authorities and resources to receive delegation of federal standards. EPA Region 6 may delegate some authorities under NSPS and NESHAPs to state, local, or tribal agencies by letter, and typically include specific delegation agreements that may be modified from time to time. The delegation action is subsequently announced in the Federal Register and codified into 40 CFR 60.4(b), 61.04(b), or 63.99, as appropriate. Region 6 Delegations Documents provides a listing for letters of delegation and delegation agreements that are available in digital format pertaining to ADAM-CAP.

What authorities are not delegated?
In general, EPA does not delegate to state or local agencies the authority to make decisions that are likely to be nationally significant, or alter the stringency of the underlying standard. In fact, some authorities are not delegated to the regional office, but are retained by EPA’s OAQPS office (e.g., Alternative Test Methods, Major Changes to Test Methods, etc.) or by EPA’s OECA office (e.g., Alternative Emission Limitation). Exclusions to CAA Program Delegations ( NSPS 60, NESHAP 61, NESHAP 63) provides our compilation of authorities retained by EPA according to specific regulation. However, EPA Region 6 may consult with EPA’s OAQPS and OECA offices in order to issue any determination request or approve any alternative monitoring request, depending on the complexity of the issues identified during review of the request.

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