SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT

RULE 361.04 - DELEGATION
(Delegation Effect.: 11-8-76: Rev. Effect.: 1-13-87)

(a) Section 112(d) of the Clean Air Act as amended, directs the Administrator of the Environmental Protection Agency to delegate, when appropriate, to each State (on behalf of the Air Pollution Control Districts, in the case of California) the authority to implement and enforce the national emission standards for hazardous air pollutants for stationary sources located in such State.

(b) This Regulation XI implements such delegation to the Air Pollution Control District of San Diego County, for those hazardous air pollutants which are anticipated for this County.

(c) The Federal Regulations for implementation and enforcement of these standards are contained in Part 61, Chapter I, Title 40, Code of Federal Regulations (40 CFR Part 61). The applicable portions of this 40 CFR Part 61 have been adopted in this Regulation XI and the 40 CFR Part 61 Section numbers have been adapted to Regulation XI rule numbers by the addition of the number 300 to each CFR Part 61 Section number.

(d) Appendix A (excluding AIIA, "WAIVER OF COMPLIANCE") and Appendix B to 40 CFR Part 61 are incorporated herein by reference. The following substitutions shall be made for the indicated words or numbers wherever appearing in these 40 CFR Part 61 appendices when they are being used as parts of this Regulations XI:

(1) "Control Officer" for:

"Administrator of the (U.S.) Environmental Protection Agency",

"Administrator", and

"Appropriate U.S. Environmental Protection Agency Regional

Office", except where the Administrator retains sole authority for

approving alternative or equivalent test methods and alternative

standards/work practices.

(2) "Regulation" for "Part"

(3) "Rule" for:

"Section"

"¤"

(4) Rule numbers for section numbers by adding 300 to the section numbers.

(e) In addition to the general substitutions of Rule 361.04(d) the following specific revisions shall be made to Appendix A to 40 CFR Part 61:

Appendix AIA - NOTE to read:

NOTE: If the emissions from the source will exceed those limits set by the National Emission Standards for Hazardous Air Pollutants, the source will be in violation and subject to San Diego County Air Pollution Control District and Federal enforcement actions unless granted a waiver of compliance by the Administrator of the U.S. Environmental Protection Agency."

(f) 40 CFR Part 61 changes published in the Federal Register through November 7, 1985 are incorporated as required in the publication, or change, of Regulation XI.