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Region 5 Section 112 Delegation

Under the Clean Air Act Amendments of 1990, EPA is required to regulate emissions of 187 listed toxic air pollutants. On July 16, 1992, EPA published a list of source categories that emit one or more of these toxic air pollutants. For listed categories of "major" sources (those that emit 10 tons annually or more of a listed pollutant or 25 tons or more of a combination of pollutants), the Clean Air Act requires EPA to develop standards that will require the application of maximum achievable control technology.

Section 112(l) was added to the 1990 amendments of the Act in recognition of the efforts by many S/L/T, during the 1980’s, to develop their own programs to address HAPs. These programs may have requirements that apply to the same sources covered by Federal rules that have been subsequently developed under section 112. S/L/T requirements may differ from the corresponding Federal emission standards but may achieve equivalent or better environmental results. One major purpose of section 112(l) is to provide a mechanism for the approval of S/L/T requirements and programs in lieu of the Federal standards, where such a demonstration can be made. A second goal of the program is to facilitate the delegation of section 112 standards to S/L/T programs who intend to implement and enforce the Federal requirements as written.

State and local agencies raised concerns in 1993 when EPA finalized the provisions specifying the criteria under which EPA would approve a state or local agency’s program to substitute for a federal air toxics program. Specifically, these agencies argued that EPA’s criteria needed to be streamlined and made more flexible to reduce the barriers to EPA approval. EPA has worked in close partnership with State and local agencies to address their concerns and proposed and finalized rule revisions in 1999 and 2000. EPA further clarified the rule in a proposal in 2002 and finalized it in 2003.

Under the Urban Air Toxics Strategy EPA has promulgated standards to control toxic air pollutants from area sources. Area sources are those sources that emit less than 10 tons annually of a single hazardous air pollutant or less than 25 tons annually of a combination of hazardous air pollutants. The Clean Air Act (CAA) requires EPA to identify a list of at least 30 air toxics that pose the greatest potential health threat in urban areas, and for the Strategy, EPA identified a list of 33 air toxics. The CAA also requires EPA to identify and list the area source categories that represent 90 percent of the emissions of the 30 urban air toxics associated with area sources and subject them to standards under the CAA (section 112(d)). Through three separate listings (including a list in the Urban Air Toxics Strategy), EPA has identified a total of 70 area source categories which represent 90 percent of the emissions of the 30 listed air toxics. Currently in Region 5, Illinois is the only State that has full implementation and enforcement authority for all area source standards. Other Region 5 States may have implementation authority, but not enforcement authority. States may also take partial delegation of several area source standards and not others.

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Illinois Database
Overview: EPA's final delegation approval of Section 112 NESHAP standards for Illinois constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability. Straight Delegation will operate as follows: upon promulgation of a Section 112 standard (includes major and area sources), the State of Illinois automatically receives the authority and assumes the responsibility for the timely implementation and enforcement required by the standard, as well as any further activities agreed to by IEPA and EPA.
Letters/FR Notice/MOA
Proposed FR Notice
Direct Final FR Notice
Final FR Notice
November 22, 1995
(60 FR 57846)

(2pp, 141K)
November 22, 1995
(60 FR 57834)
(3pp, 152K)
No comments received on the Direct Final FR Notice

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Indiana Database
Overview: EPA's final delegation approval of Section 112 NESHAP standards for Indiana constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability, with the exception of Section 112(r). For future 112 NESHAP standards for which IDEM intends to accept delegation, EPA will automatically delegate the authority to implement a standard to the State by letter unless IDEM notifies EPA differently within 45 days of EPA final promulgation of the standard. Upon receipt of the EPA letter, IDEM will be responsible for the implementation of the standard. IDEM will then adopt the standard unchanged from the Federal standard into State regulations as expeditiously as practicable. IDEM will submit proof of rule adoption to EPA. EPA will respond with a letter delegating enforcement authority to the State. EPA will enforce the standard until such time the State has been delegated the enforcement authority. IDEM has chosen not to take full or partial delegation of newly promulgated area source MACT standards.
Letters/FR Notice/MOA
Proposed FR Notice
Direct Final FR Notice
Final FR Notice
January 6, 2000 Letter
March 31, 2000 (65 FR 17264)
(2pp, 247K)
December 29, 2003 Letter
April 26, 2004 (69 FR 22508) (2pp, 178K)
November 30, 2005 Letter
January 13, 2006 (71 FR 2225) (3pp, 181K)
112(L) Delegations to Indiana through a state rule that adjusts the MACT standard
Secondary Lead Smelters - August 22, 2006 (71 FR 48923) (4pp, 184K)
Boat Manufacturing - September 28, 2006 (71 FR 56971) (3pp, 181K)
Reinforced Plastic Composites Production - September 28, 2006 (71 FR 56973) (3pp, 181K)
May 30, 2007 Letter
July 5, 2007 (72 FR 36702) (2pp, 179K)
April 1, 1997
(62 FR 15453)

(2pp, 141K)
April 1, 1997
(62 FR 15404)

(4pp, 158K)
July 8, 1997
(62 FR 36460)

(4pp, 157K)

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Michigan Database
Overview: In May 1996, the Michigan Department of Environmental Quality (MDEQ) and the EPA entered into a memorandum of Agreement (MOA) which set out a procedure to delegate to MDEQ implementation and enforcement authority for the 40 CFR, Part 63, National Emission Standards for Hazardous Air Pollutants (NEHSAP) standards as they apply to Part 70 sources and non-Part 70 sources. For NESHAP standards as applicable to Part 70 sources, the MOA provides for delegation by letter to Michigan of authority to implement such NESHAP standards, unless the State declines delegation. The MOA also notes that Michigan can enforce the NESHAP standards against any Part 70 source after the State incorporates the NESHAP requirements into the source’s Part 70 operating permit or against a source after incorporating the standards into a construction permit. For standards applicable to non-Part 70 sources (area sources), the MOA states that Michigan will adopt EPA standards by reference into State rules (unchanged) and will notify EPA when it has completed the adoption process. For any NESHAP MDEQ incorporates by reference (IBR), including standards applicable to Part 70 and non-Part 70 sources, EPA will then delegate by letter implementation and enforcement authority of these standards to Michigan.
Letters/FR Notice/MOA
Proposed FR Notice
Direct Final FR Notice
Final FR Notice
November 23, 1998
(63 FR 64668)

(1pp, 153K)
November 23, 1998
(63 FR 64632)

(5pp, 166K)
No comments received on the Direct Final FR Notice

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Minnesota Database
Overview: EPA's final delegation approval of Section 112 NESHAP standards for Minnesota constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability, with the exception of Section 112(r). Minnesota has the authority to adopt Federal air quality rules simply by referencing the Code of Federal regulations, the Federal register, and other publications deemed appropriate by the revisor of statutes (Minn. Stat. § 14.07, subd. 4). In addition, any subsequent amendments are incorporated by reference without further rulemaking (Minn. Stat. § 645.001; Minn. Stat. § 645.31, subd. 2). MPCA has been granted delegation authority to implement existing Section 112 standards and EPA will automatically delegate the authority to implement any future Section 112 standards upon the effective date of the promulgated standard. MPCA has been granted delegation authority to enforce for Section 112 standards once the Federal standards have been adopted and incorporated by reference into Minnesota state air quality regulations. At this time, MPCA has relinquished delegation authority for implementation and enforcement of Section 112 standards for non-part 70 sources (area source).
Letters/FR Notice/MOA
Proposed FR Notice
Direct Final FR Notice
Final FR Notice
July 23, 2002
(67 FR 48098)

(2pp, 163K)
July 23, 2002
(67 FR 48036)

(4pp, 172K)
No comments received on the Direct Final FR Notice

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Ohio Database
Overview: EPA's final delegation approval of Section 112 NESHAP standards for Ohio constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability with the exception of the Coke Oven standard (40 CFR part 63 subpart L). In 1994, EPA gave approval to Ohio EPA for their Title V program. Under this approval, a mechanism was established by which Ohio EPA was granted authority to implement and enforce present and future Section 112 NESHAP standards. Ohio EPA will have the authority to implement each Section 112 standard as promulgated unless Ohio EPA notifies EPA differently. Ohio EPA will enforce Section 112 NESHAP standards through the Title V permit, federally enforceable state operating permit and the new source review permit programs. Pursuant to Ohio Revised Code §3704.036(A), Ohio EPA has the authority to include Section 112 requirements in Title V permits. Therefore, delegation will be implemented on a source by source basis.
Letters/FR Notice/MOA
Proposed FR Notice
Direct Final FR Notice
Final FR Notice
July 11, 2001
(66 FR 36228)

(2pp, 163K)
July 11, 2001
(66 FR 36173)

(3pp, 167K)
No comments received on the Direct Final FR Notice

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Wisconsin Database
Overview: EPA's final delegation approval of Section 112 NESHAP standards for Wisconsin constitutes a program of straight delegation of all existing and future air toxic standards regardless of a source's Part 70 (Title V) applicability. EPA approved, through a “direct final”' procedure, Wisconsin's request for delegation of the Federal air toxics program contained within 40 CFR Parts 61 and 63 pursuant to Section 112(l) of the CAA as amended, effective June 2, 1997. The State's requested mechanism of delegation involves either the delegation of all existing and future Section 112 standards as federally promulgated, for promulgation as State standards (or rules), or to incorporate Federal standards into State air pollution control permits, reserving the right to promulgate the standards as a State rule at a later time. The actual delegation of authority occurs through a memorandum of agreement (MOA) between the Wisconsin Department of Natural Resources (WDNR) and EPA. Currently, Wisconsin has only taken formal delegation of six (6) Federal MACT standards: Chromium electroplating, Commercial Sterilizers, Degreasing Organic Cleaners, Industrial Cooling towers, Perc Dry Cleaners, Secondary lead smelters. WDNR has both implementation and enforcement authority for these rules and the rules have been incorporated into Wisconsin State rules. For all other MACT standards, WDNR has chosen to incorporate the Federal standards into State air pollution control permits (Title V’s) to be used as a mechanism for implementation and enforcement authority. WDNR has chosen not to take full or partial delegation of newly promulgated area source MACT rules.
Letters/FR Notice/MOA
Proposed FR Notice
Direct Final FR Notice
Final FR Notice
April 1, 1997
(62 FR 15452)

(2pp, 146K)
No comments received on the Direct Final FR Notice

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