Air Permitting

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Introduction
NSR Programs
Operating Permits Program
Public Comment Opportunities
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Air Permitting

The Clean Air Act (CAA) and its subsequent amendments require the permitting of stationary sources. Permitting requirements for major air sources are contained in two different programs. The first program is the New Source Review (NSR) program, which consists of two pre-construction programs: The Prevention of Significant Deterioration (PSD) program for permitting sources in attainment areas, and the non-attainment area (NAA) permitting program. The second program is the Operating Permits Program, for permitting a source once it is in operation.

The Region 8 Office advises and assists states, local governments, and tribes on matters relating to the development and implementation of these programs, and takes rulemaking action to approve or disapprove these state, local, and tribal programs. Also, the Region 8 Office directly administers the PSD and Operating Permits Program on the tribal lands, where tribal programs have not been approved.

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NSR Programs

New major stationary sources of air pollution and major stationary sources making major modifications are required by the CAA to obtain either a PSD or NAA permit before commencing construction. The NSR permitting requirements were developed to

Ensure that existing clean air would not be allowed to deteriorate and exceed the National Ambient Air Quality Standards (NAAQS), under the Prevention of Significant Deterioration regulations.

Preserve, protect, and enhance the air quality in Class I areas (national parks and wilderness areas), under the Prevention of Significant Deterioration regulations.

Ensure that in those areas where the NAAQS are violated appropriate measures are required for attaining the NAAQS.

The NSR permitting process requires sources to meet stringent technology requirements, conduct extensive air quality analyses for both local impact and impact to nearby Class I areas, obtain appropriate emission reductions, and meet public participation requirements.

The Region 8 Office assists states and tribes with the development of their respective NSR construction permitting programs, oversees/audits state and tribal programs to assure proper implementation of the NSR program by approved/delegated permitting authorities, and implements the federal NSR program on tribal lands where tribes have not yet had programs delegated or approved.

In addition to having an approved or delegated major NSR permitting program, each state permitting aurthority has a minor stationary source NSR permitting program through which small sources receive pre-construction permits. See each state permitting program for more details.

View the Deseret Bonanza Final PSD Permit package.

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Operating Permits Program

The operating permits program was established through Title V of the CAA Amendments of 1990 and is the most important procedural reform in the amendments and the centerpiece for compliance with the entire Act. Title V requires the establishment of an operating permit program for major stationary sources that would ensure compliance by industry with all applicable requirements of the Act, enhance EPA's ability to enforce the CAA, generate state and tribal revenue to administer the program, enhance the ability of a permitting agency to track compliance and evaluate a source's air quality, ensure public involvement by allowing review and comment of draft permits, and increase certainty for industry by providing all source requirements in one permit document. Title V also requires the establishment of a Small Business Technical and Compliance Assistance Program to assist small businesses in understanding and complying with all pertinent requirements of the Act.

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