Delegation of Authority in Kansas for New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants

The Environmental Protection Agency (EPA) has established procedures by which Kansas is automatically delegated the authority to implement Federal standards when they adopt regulations which are identical to the Federal standards. The tables below indicate the standards for which delegation has been given.

Contents

• What is the authority for delegation?
• What does delegation accomplish?
• What has been delegated?
  • Part 60 New Source Performance Standards (NSPS)
  • Part 61 National Emission Standards for Hazardous Air Pollutants (NESHAP)
  • Part 63 NESHAP - Maximum Achievable Control Technology (MACT) Standards
• What has not been delegated?

What is the authority for delegation?

1. Section 111(c)(1) of the Clean Air Act (CAA) authorizes EPA to delegate authority to any state agency which submits adequate regulatory procedures for implementation and enforcement of the NSPS program. The NSPS are codified at 40 CFR part 60.
2. Section 112(l) of the CAA and 40 CFR part 63, subpart E, authorizes EPA to delegate authority to any state or local agency which submits adequate regulatory procedures for implementation and enforcement of emission standards for hazardous air pollutants. The hazardous air pollutant standards are codified at 40 CFR parts 61 and 63, respectively.

What does delegation accomplish?

Delegation confers primary responsibility for implementation and enforcement of the listed standards to the respective state and local air agencies. However, EPA also retains the concurrent authority to enforce the standards.

All notifications, applications, reports, and other correspondence required pursuant to the delegated standard must be submitted to the following address:

Kansas Department of Health and the Environment
Bureau of Air
1000 SW Jackson Street, Suite 310
Topeka, Kansas 66612-1367

Duplicates of required documents must also continue to be submitted to the EPA Regional Office at the following address:

Environmental Protection Agency
Air Permitting and Compliance Branch
11201 Renner Road
Lenexa, Kansas 66219

What has been delegated?

Tables I, II, and III below list the delegated standards. Each item listed in the Subpart column has two relevant dates listed in each column for the state. The first date in each block is the reference date to the CFR contained in the state rule. In general, the state has adopted the applicable standard through the date as noted in the table. The second date is the most recent effective date of the state agency rule for which the EPA has granted the delegation. This table specifically addresses revisions to the columns for Kansas. If there are no dates listed in the delegation table, the state has not accepted delegation of the standard and implementation of those standards reside with EPA.

What has not been delegated?

1. The EPA regulations effective after the first date specified in each block have not been delegated, and authority for implementation of these regulations is retained solely by EPA.
2. In some cases, the standards themselves specify that specific provisions cannot be delegated. In such cases, a specific section of the standard details what authorities can and cannot be delegated. You should review the applicable standard in the CFR for this information.
3. In some cases, the state rules do not adopt the Federal standard in its entirety. Each state rule (available from the respective agency) should be consulted for specific information.
4. In some cases, the existing delegation agreement (add link to the agreement) between the EPA and Kansas limits the scope of the delegated standards.
5. With respect to 40 CFR part 63, subpart A, General Provisions, EPA has determined that sections 63.6(g), 63.6(h)(9), 63.7(e)(2)(ii) and (f), 63.8(f), and 63.10(f) cannot be delegated. Additional information is contained in 40 CFR § 63.91(g)(2).

Table I.  Delegation of Authority-Part 6o NSPS-Kansas

Table II. Delegation of Authority-Part 61 NESHAP-Kansas

Table III. Delegation of Authority-Part 63 NESHAP-Kansas