40 CFR § 60.10 - State authority.

---
identifier: "/us/cfr/t40/s60.10"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 60.10 - State authority."
title_number: 40
title_name: "Protection of Environment"
section_number: "60.10"
section_name: "State authority."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "60"
part_name: "STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "36 FR 24877, Dec. 23, 1971, unless otherwise noted."
cfr_part: "60"
---


# 60.10 State authority.

The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from:

(a) Adopting and enforcing any emission standard or limitation applicable to an affected facility, provided that such emission standard or limitation is not less stringent than the standard applicable to such facility.

(b) Requiring the owner or operator of an affected facility to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of such facility.