CAA Permitting in EPA's Southeastern Region

Environmental Justice Permitting Plan

EPA has issued two documents outlining the first steps the Agency is taking to consider Environmental Justice and to engage overburdened communities in the permitting process. The first document is EPA Actions document which identifies activities and approaches to promote public involvement by overburdened communities in the permitting process, particularly for major permitted activities that may significantly impact these communities. The second document is Promising Practices for Permit Applicants. This document encourages permit applicants operating or proposing to operate facilities in overburden communities to strategically plan and conduct enhanced outreach during the permitting process. In addition to these documents, each region has developed an implementation plan to explain how it will encourage meaningful engagement of such communities on EPA-issued permits. Listed below is information you might find useful regarding Environmental Justice Permitting Plan in Region 4:

• National EJ Permitting Plan Website
• EJ Permitting Plan Federal Register Notice
• EJ Permitting FAQ

GHG Permits

Most air quality permits required by the Clean Air Act (CAA) are issued by state and local agencies. Occasionally, however, the U.S. EPA is responsible for issuing permits for sources of air pollution when states do not have authority to implement certain provisions of the CAA. EPA Region 4 was the permitting agency responsible for issuing preconstruction air quality permits for Florida facilities that emit significant quantities of greenhouse gas (GHG) emissions from approximately 2011-2014 and at that time, sources were subject to the federal Prevention of Significant Deterioration (PSD) permitting program.

Listed below is information you might find useful regarding the historic GHG PSD Permitting in Region 4 and EPA’s national GHG permitting activities:

• Region 4 GHG Permits Issued
• EPA National Website for GHG Permitting

LNG Permits

U.S. EPA Region 4 is the agency responsible for issuing Clean Air Act (CAA) permits to liquefied natural gas (LNG) deepwater ports that may be located on the Outer Continental Shelf beyond the seaward boundaries of the States of Alabama, Florida, and Mississippi. These facilities, primarily vessels, will be engaged in vaporizing imported LNG and sending it to shore through pipelines and will be located a minimum of three miles, but often much farther, from shore. If licensed, such projects will require an air quality preconstruction permit and Title V operating permit issued pursuant to the CAA and applicable regulations.

Listed below is information you might find useful regarding LNG Permitting in Region 4:

• Region 4 LNG Permit Activity
• LNG Regulatory Roadmap

National Permit Initiative

• Flexible Permitting Examples

NSR Permits

View Recent PSD Permit Applications Received by Region 4

Contacts

• State and Local NSR Permit Contacts
• Region 4 - Permitting Contacts by Topic, including special emphasis areas

Resources

• NSR Information (EPA official NSR website)
• NSR and PSD Policy and Guidance Index

OCS Permits

EPA Region 4 is the agency responsible for implementing and enforcing Clean Air Act (CAA) requirements for Outer Continental Shelf (OCS) sources offshore the state seaward boundaries of the States of North Carolina, South Carolina, Georgia, and Florida, which includes all areas of the Gulf of Mexico east of 87’30” (see CAA section 328). Applicants located within 25 nautical miles of a state seaward boundary are required to comply with the air quality requirements of the nearest onshore area, including applicable permitting requirements. Applicants locating beyond 25 nautical miles from the state seaward boundary, are subject to federal air quality requirements and will likely need an OCS permit complying with the EPA’s Prevention of Significant Deterioration (PSD) preconstruction permit program (see 40 CFR 52.21), and/or Title V operating permit program requirements (see 40 CFR 71). EPA strongly recommends that potential applicants review the OCS Permitting Process below and contact EPA Region 4 to determine what requirements apply.

Listed below is information you might find useful regarding OCS Permitting in Region 4:

• Overview of Outer Continental Shelf Air Permits
• Region 4 OCS Permitting Activity
• OCS Permitting Process in Region 4
• Region 4 OCS Permit Contacts and Other Federal Agency OCS Contacts
• Draft OCS Air Permits in Public Notice - no permits are currently open for public comment.
• OCS References

Program Evaluations

• Alabama and local agencies
• Florida
• Georgia
• Kentucky and local agencies
• Mississippi
• North Carolina and local agencies
• South Carolina
• Tennessee and local agencies

Title V Operating Permits Program

• Title V Operating Permit Policy and Guidance Document Index
• View Recent Title V Proposed Permits in Region 4
• Region 4 Title V Permit Contacts By State and Local Agency
• Overview of Operating Permits Issued under Title V of the Clean Air Act

Tribal NSR Permitting

On July 1, 2011, the EPA promulgated a final Federal Implementation Plan (FIP) that implements New Source Review (NSR) preconstruction air pollution control requirements in areas in Indian country. The FIP, which is titled "Review of New Sources and Modifications in Indian Country" includes two NSR rules for the protection of air quality in Indian country. One of those rules, known as the Minor NSR Rule, applies to new industrial facilities or modifications at existing industrial facilities with the potential to emit equal to or more than the minor NSR thresholds but less than the major NSR thresholds, generally 100 to 250 tons per year (tpy). The FIP gives EPA Region 4 the authority to review applications for and issue minor NSR permits to stationary sources on Indian country in the Region (s). The FIP also allows EPA to delegate that authority to tribes in the Region that request it and are able to demonstrate appropriate capability to implement the plan. Additionally, the FIP can be replaced by an EPA-approved tribal implementation plan (TIP).

Listed below is information you might find useful regarding Tribal Minor NSR Permitting in Region 4:

• Region 4 Tribal Permitting Activity

• Region 4 Tribal NSR Contacts:

  • Ana Oquendo at 404-562-9781

  • Lori Shepherd at 404-562-8435