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Air Permit Delegations in Region 2

EPA's Region 2 serves New Jersey, New York, Puerto Rico, the U.S. Virgin Islands and 8 Tribal Nations

PSD Air Permit Program Delegations

A Prevention to Significant Deterioration (PSD) air permit may be issued by EPA or by the designated air permitting authority. An air permitting authority may submit PSD rules to EPA for approval into the State Implementation Plan (SIP), or EPA may delegate PSD authority to an air permitting authority via a PSD Delegation Agreement. The following summarizes permitting PSD authority in Region 2.

State Effective Date PSD Authority
New Jersey  7/15/2011 Delegation Agreement   
New York   12/17/2010 PSD regulations approved into the SIP Exit
Puerto Rico   EPA Region 2
U.S. Virgin Islands    EPA Region 2
8 Tribal Nations   EPA Region 2

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. EPA Region 2 states, commonwealth, and territory have EPA-approved Title V operating permit programs.  However, the 8 Tribal Nations located in Region 2 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. 

Air Standards Delegations

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 following is a listing of federal air regulations that have been delegated to states in Region 2. These air regulations establish nation-wide requirements for a wide range of commercial and industrial activity, and include new source performance standards (NSPS), national emission standards for hazardous air pollutants (NESHAPs), and maximum achievable control technology (MACT) standards.