40 CFR § 63.3420 - What authorities may be delegated to the States?
---
identifier: "/us/cfr/t40/s63.3420"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 63.3420 - What authorities may be delegated to the States?"
title_number: 40
title_name: "Protection of Environment"
section_number: "63.3420"
section_name: "What authorities may be delegated to the States?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "63"
part_name: "NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES"
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: "57 FR 61992, Dec. 29, 1992, unless otherwise noted."
cfr_part: "63"
---
# 63.3420 What authorities may be delegated to the States?
(a) In delegating implementation and enforcement authority to a state, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (b) of this section must be retained by the EPA Administrator and not transferred to a state, local, or tribal agency.
(b) Authority which will not be delegated to state, local, or tribal agencies are listed in paragraphs (b)(1) and (2) of this section:
(1) Approval of alternate test method for organic HAP content determination under § 63.3360(c).
(2) Approval of alternate test method for volatile matter determination under § 63.3360(d).
[85 FR 41316, July 9, 2020]