• PSD Delegation Agreements and PSD SIP status
• Title V Delegation Agreements
• Air Standards Delegations in Region 9

Prevention Of Significant Deterioration

This page describes the air pollution control agencies in Region 9 that have the authority to issue Prevention of Significant Deterioration (PSD) permits. There are two ways an air agency in Region 9 can obtain the authority to issue PSD permits:

• 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.

Summaries of PSD Authority in Region 9 by State

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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

On October 15, 2004, EPA Region 9 and the Navajo Nation EPA (NNEPA) entered into a Delegation of Authority Agreement ("Agreement") which specifies the terms of the delegation. Since then, the tribe has taken over title V permitting responsibilities for twelve existing major stationary air pollution sources on the reservation. Under this agreement, Region 9 would continue to oversee the Part 71 permits for the Navajo Generating Station and the Four Corners Power Plant. Finally, 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 the Agreement and has waived our collection of Part 71 permit fees for those sources covered by the Agreement in light of our determination that NNEPA can collect fees under tribal law sufficient to fund the delegated part 71 program. In 2006, the delegation agreement was supplemented to allow NNEPA to also take over title V permitting responsibilities for the Navajo Generating Station and the Four Corners Power Plant. A copy of the Agreements and related documents are included in the document link below.

• Navajo Nation Part 71 Delegation Agreement and other supporting documents

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.

• Air Standards Delegations in Region 9

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