# 40 CFR § 60.2541: In lieu of a state plan submittal, are there other acceptable option(s) for a state to meet its Clean Air Act section 111(d)/129(b)(2) obligations?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2541

## Section

- **Citation:** 40 CFR § 60.2541
- **Heading:** In lieu of a state plan submittal, are there other acceptable option(s) for a state to meet its Clean Air Act section 111(d)/129(b)(2) obligations?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER C—AIR PROGRAMS > PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES > Subpart DDDD—Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units > Introduction

## Text

Yes, a state may meet its Clean Air Act section 111(d)/129 obligations by submitting an acceptable written request for delegation of the federal plan that meets the requirements of this section. This is the only other option for a state to meet its Clean Air Act section 111(d)/129 obligations.
(a) An acceptable federal plan delegation request must include the following:
(1) A demonstration of adequate resources and legal authority to administer and enforce the federal plan;
(2) The items under § 60.2515(a)(1), (2) and (7);
(3) Certification that the hearing on the state delegation request, similar to the hearing for a state plan submittal, was held, a list of witnesses and their organizational affiliations, if any, appearing at the hearing, and a brief written summary of each presentation or written submission; and
(4) A commitment to enter into a Memorandum of Agreement with the Regional Administrator who sets forth the terms, conditions, and effective date of the delegation and that serves as the mechanism for the transfer of authority. Additional guidance and information is given in EPA's Delegation Manual, Item 7-139, Implementation and Enforcement of 111(d)(2) and 111(d)/(2)/129(b)(3) federal plans.
(b) A state with an already approved CISWI Clean Air Act section 111(d)/129 state plan is not precluded from receiving EPA approval of a delegation request for the revised federal plan, providing the requirements of paragraph (a) of this section are met, and at the time of the delegation request, the state also requests withdrawal of EPA's previous state plan approval.
(c) A state's Clean Air Act section 111(d)/129 obligations are separate from its obligations under Title V of the Clean Air Act.

## Nearby sections

- [40 CFR § 60.2500 § 60.2500 What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2500.md)
- [40 CFR § 60.2505 § 60.2505 Am I affected by this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2505.md)
- [40 CFR § 60.2510 § 60.2510 Is a state plan required for all states?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2510.md)
- [40 CFR § 60.2515 § 60.2515 What must I include in my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2515.md)
- [40 CFR § 60.2520 § 60.2520 Is there an approval process for my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2520.md)
- [40 CFR § 60.2525 § 60.2525 What if my state plan is not approvable?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2525.md)
- [40 CFR § 60.2530 § 60.2530 Is there an approval process for a negative declaration letter?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2530.md)
- [40 CFR § 60.2535 § 60.2535 What compliance schedule must I include in my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2535.md)
- [40 CFR § 60.2540 § 60.2540 Are there any state plan requirements for this subpart that apply instead of the requirements specified in subpart B?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2540.md)
- [40 CFR § 60.2541 § 60.2541 In lieu of a state plan submittal, are there other acceptable option(s) for a state to meet its Clean Air Act section 111(d)/129(b)(2) obligations?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2541.md)
- [40 CFR § 60.2542 § 60.2542 What authorities will not be delegated to state, local, or tribal agencies?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2542.md)
- [40 CFR § 60.2545 § 60.2545 Does this subpart directly affect CISWI owners and operators in my state?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2545.md)
- [40 CFR § 60.2550 § 60.2550 What CISWIs must I address in my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2550.md)
- [40 CFR § 60.2555 § 60.2555 What combustion units are exempt from my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2555.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2541. Check the current official text before relying on it. Not legal advice.