Air Permit Delegation and PSD SIP Approval Status in EPA's Pacific Southwest (Region 9)
- Overview
- PSD Authority in Region 9 by State
- Title V Delegation Agreements
- Air Standards Delegations in Region 9
Overview
- An agency may submit PSD rules to EPA for approval into the State Implementation Plan (SIP).
- EPA may delegate PSD authority to an agency via a PSD Delegation Agreement.
PSD Authority in Region 9 by State
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| Authority | Document(s) | Effective Date | Authority |
|---|---|---|---|
| Arizona Department of Environmental Quality (ADEQ) | ADEQ Agency-Wide Provisions (Rules 18-2-401, 402, 406, 407, 409 & 412) | 06/02/2018 (except GHGS) | SIP |
| Arizona Department of Environmental Quality (ADEQ) | ADEQ GHG PSD Delegation Agreement | 03/30/2011 (For GHG) | Delegation |
| Maricopa County Air Quality Department (AQD) | Maricopa AQD PSD Delegation Agreement | 02/08/2016 | Delegation |
| Pima County Department of Environmental Quality | Pima County DEQ PSD Delegation Agreement | 06/05/2018 | Delegation |
| Pinal County Air Quality Control District | Pinal County Agency-Wide Provisions | 06/02/2018 | SIP |
| Pinal County Air Quality Control District | Pinal PSD GHG Delegation Agreement | 08/10/2011 (For GHGs) | Delegation |
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| Authority | Document(s) | Effective Date | Authority |
|---|---|---|---|
| Bay Area Air Quality Management District | Bay Area Agency-Wide Provisions (Rules 2-1 & 2-2) | 5/21/2018 | SIP |
| Butte County Air Quality Management District | Butte County Agency-Wide Provisions (Rule 1107) | 11/12/2015 | SIP |
| Eastern Kern Air Pollution Control District | Kern County Agency-Wide Provisions (Rule 210.4) | 02/08/2013 | SIP |
| Feather River Air Quality Management District | Feather River Agency-Wide Provisions (Rule 10.10) | 11/12/2015 | SIP |
| Great Basin Unified Air Pollution Control District | Great Basin Agency-Wide Provisions (Rule 221) | 11/12/2015 | SIP |
| Imperial County Air Pollution Control District | Imperial County Agency-Wide Provisions (Rule 904) | 02/08/2013 | SIP |
| Mendocino County Air Pollution Control District | Mendocino Agency-Wide Provisions (Rules 130, 200, 220, 230 & 240) | 07/03/2017 | SIP 1 |
| Monterey Bay Unified Air Pollution Control District | Monterey Bay Agency-Wide Provisions (Rule 207) | 03/26/2015 | SIP |
| North Coast Unified Air Quality Management District | North Coast Agency-Wide Provisions (Rules 130, 200, 220, 230 & 240) | 08/30/1985 | SIP 1 |
| North Coast Unified Air Quality Management District | Partial PSD Delegation Agreement (Stack height, NOx increment) | 01/08/1993 | Delegation |
| North Coast Unified Air Quality Management District | Partial PSD Delegation Agreement (NOx major modifications) | 10/06/2015 | Delegation |
| Northern Sonoma County Air Pollution Control District | Northern Sonoma Agency-Wide Provisions (Rules 130, 200, 220, 230 & 240) | 7/24/2018 | SIP 1 |
| Placer County Air Pollution Control District | Placer County Agency-Wide Provisions (Rule 518) | 9/27/2018 | SIP |
| Sacramento Metro Air Quality Management District | Sacramento Metropolitan Agency-Wide Provisions (Rule 203) | 07/20/2011 | SIP 1 |
| San Joaquin Valley Air Pollution Control District | San Joaquin Valley Agency-Wide Provisions (Rule 2410) | 11/26/2012 | SIP |
| San Luis Obispo Air Pollution Control District | San Luis Obispo Agency-Wide Provisions (Rule 220) | 11/12/2015 | SIP |
| Santa Barbara Air Pollution Control District | Santa Barbara Agency-Wide Provisions (Rule 810) | 11/12/2015 | SIP |
| South Coast Air Quality Management District | South Coast PSD Delegation Agreement (Excluding GHG) | 07/25/2007 | Delegation |
| South Coast Air Quality Management District | South Coast Agency-Wide Provisions - GHG Emissions only (Rule 1710) | 12/10/2012 | SIP |
| Yolo–Solano Air Quality Management District | Yolo–Solano Agency-Wide Provisions (Rule 3.24) | 02/08/2013 | SIP |
| Ventura County Air Pollution Control District | Ventura County Agency-Wide Provisions (Rule 26.13) | 03/10/2017 | SIP |
1 EPA retains authority to issue permits for certain specific types of projects, such as resource recovery facilities. See 40 CFR 52.270 for additional details.
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| Authority | Document(s) | Effective Date | Authority |
|---|---|---|---|
| Clark County Department of Air Quality Management | Clark County-Agency-Wide Provisions (Section 12.2) | 11/19/2012 | SIP |
| Nevada Division of Environmental Protection | Nevada DEP PSD Delegation Agreement | 10/19/2004 | Delegation |
| Washoe County District Health Department | Washoe County DHD PSD Delegation Agreement | 03/13/2008 | Delegation |
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| Authority | Document(s) | Effective Date | Authority |
|---|---|---|---|
| Hawaii Department of Health | Hawaii DOH PSD Delegation Agreement | 01/05/1989 | Delegation |
Title V Operating Permit Program
Title V of the Clean Air Act requires state and local agencies to adopt an Operating Permit Program for major sources of air pollution. EPA sets forth these requirements under 40 CFR part 70. For areas that do not adopt the program, EPA is the permitting authority and implements the Operating Permit Program under 40 CFR part 71. All state or local agencies in Region 9 have an operating permit program. However, tribes located in Region 9 have not developed such programs. Thus, EPA is the permitting authority on tribal lands. EPA may delegate such authority to a tribe that meets the necessary requirements. Below are the Tribal agencies that have received a part 71 delegation of authority.
Navajo Nation Environmental Protection Agency
Navajo Nation EPA (NNEPA) has received a part 71 Delegation of Authority for the Title V Operating Permit Program. Region 9 also determined that the NNEPA meets the eligibility requirements for treatment in the same manner as a state ("TAS") for the purpose of entering into a delegation agreement and has waived our collection of Part 71 permit fees for those sources covered by the Delegation of Authority. In 2006, the delegation agreement and TAS determination were supplemented to allow NNEPA to also take over title V permitting responsibilities for the Navajo Generating Station and the Four Corners Power Plant. Documents related to NNEPA’s Delegation of Authority are available through the link below.
Air Standards Delegations in Region 9
In addition to Air Permit Program delegations, EPA may delegate the authority to implement certain federal standards to state and local agencies. These standards are an integral part of the permitting program in that they may contain applicable requirements for sources that are permitted under the Clean Air Act. The link below will take you to the page with detailed information regarding delegation of federal standards, including new source performance standards (NSPS), national emissions standards for hazardous air pollutants (NESHAPs), and maximum achievable control technology (MACT) standards.