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GHG Permitting Programs Ready to Go by January 2nd 

National Association of Clean Air Agencies 

October 28, 2010 

 With the onset of greenhouse gas (GHG) permitting only two months away, every state but one 

is poised to ensure that sources can obtain preconstruction permits under the Clean Air Act come 

January 2, 2011. While most states already have the authority to permit GHGs under preconstruction 

permit – or Prevention of Significant Deterioration (PSD) – programs, EPA has identified programs in 13 

states that need to revise their State Implementation Plans (SIPs) in order to gain authority to issue PSD 

permits for GHG emissions. Excepting only one, programs in all states on the list have indicated that

they will either revise their PSD rules by January 2, 2011 or very shortly thereafter, or accept a Federal 

Implementation Plan (FIP) that will give EPA authority to issue the GHG portion of PSD permits until 

state rules are revised. This provides that sources required to apply PSD controls to their GHG emissions 

will be able to obtain the necessary permits and avoid construction delays. 

 In August of this year, EPA proposed two companion rulemakings to ensure that authority to 

issue PSD permits for GHG emissions is in place by January 2, 2011. In the first action, Proposed Finding 

of Substantial Inadequacy and SIP Call,1

 EPA identified programs in 13 states that did not appear to have 

the authority to apply their PSD programs to GHG emissions (“Presumptive SIP Call List”). States on the 

Presumptive SIP Call List were asked to send a letter to EPA by October 4, 2010 confirming that GHGs 

are not included in their PSD programs and identifying a deadline for submitting SIP revisions to EPA for 

approval. The agency proposed allowing programs to identify a SIP submittal date as early as December

22, 2010, or three weeks from issuance of the final SIP Call. In the second action, Proposed Federal 

Implementation Plan,2

 EPA proposed to immediately promulgate a FIP for any program unable to submit 

SIP revisions by the identified deadline, providing states a federal backstop in the event that they could 

not change their own rules by January 2, 2011. Programs unable to revise their rules by January 2, 2011 

have the option of choosing the earliest SIP submittal date, allowing EPA to immediately promulgate a 

FIP.3 

 The National Association of Clean Air Agencies (NACAA), the association of air pollution control 

agencies in 52 states and territories and over 165 metropolitan areas across the country, has reviewed 

and briefly summarized the responses of the programs on EPA’s Presumptive SIP Call List.4 The letters 

summarized below are from programs in 14 states: the 13 identified by EPA in the Presumptive SIP Call

List plus one state that asked to be added to the list. Of these, programs in 7 states indicated that they 

anticipate revising their rules by January 2, 2011 or very shortly thereafter, while programs in 6 states 

indicated that they will accept a FIP to apply PSD requirements to GHG emissions. Only one state 

declined to revise its rules or accept the FIP. 

 

1

 75 Federal Register 53892. 

2

 75 Federal Register 53883. 

3

 The agency also indicated that authority to permit GHGs under Title V operating permit programs will be 

addressed separately at a later date. 

4

 All letters are available in Docket # EPA-HQ-OAR-2010-0107. The following summary includes responses from 

only those states that were identified by EPA as part of, or asked to be added to, the Presumptive SIP Call List. 
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State-By-State Summary of GHG SIP Call Letters

AGENCY SUMMARY OF RESPONSES

Alaska  Alaska is currently in the process of revising its regulations to allow the state to 

comply with federal rules regarding GHG permitting, and anticipates that those 

revisions will be in effect by January 2, 2011. 

 The state anticipates submitting its SIP revisions to EPA by December 22, 2010, 

and asks to be dropped from the SIP Call list upon submittal. The state requests 

parallel processing of its SIP revisions, and for notification if EPA is unable to 

approve the SIP revisions by January 2, 2011. 

Pinal Co., AZ  Pinal Co.’s PSD program does not currently include GHGs. The county plans to 

amend its rules to include GHGs and submit SIP revisions to EPA. 

 Until then, the county asks for the implementation of a FIP to address GHGs 

under its PSD program, and will request delegation of the FIP. 

Arizona5  Arizona does not have the authority to permit GHGs under its PSD program, and 

does not agree that its program is therefore inadequate. 

 The state will accept the imposition of a FIP implementing PSD requirements for 

GHGs, and does not object to a SIP submittal deadline as short as 3 weeks from 

the date of the final SIP Call. 

Arkansas  Arkansas confirms its status as a state that does not currently have the 

authority to permit GHGs under its PSD program. While the state plans to 

develop the authority to include GHGs in its PSD program, and to ask for 

parallel processing of its associated SIP revisions, it will not be submitting SIP 

revisions by December 2010. 

 The state does not object to the shortest SIP submittal deadline of 3 weeks 

from the date of the final SIP Call, and subsequent implementation of a FIP to 

address PSD requirements for GHGs. The state prefers not to accept delegation 

of the FIP. 

Sacramento, CA  Sacramento concludes, after further review, that its SIP does contain general 

authority to implement PSD requirements for GHGs. Nonetheless, the district 

plans to revise its PSD rules for clarity in January 2011. 

 If EPA disagrees with the district’s reading of its SIP as a whole as conferring 

authority to apply PSD requirements to GHGs, then the district would not object 

to a SIP submittal deadline of January 31, 2011. 

Connecticut  Connecticut confirms that its SIP does not currently apply its PSD program to 

GHGs. The state intends to revise its PSD program to include GHGs, and will 

seek expedited processing of those regulatory revisions. A public hearing on 

the initial draft proposal is scheduled for October 18, 2010. The state requests 

parallel processing of its SIP revisions. 

 The state does not object to a SIP submittal deadline of March 1, 2011. 

Florida  Florida confirms that its SIP does not apply PSD requirements to GHGs; the 

state cannot develop adequate authority and submit SIP revisions by December 

2010. 

 The state does not object to a SIP submittal deadline of December 22, 2010, 

and subsequent implementation of a FIP to address GHG PSD requirements. 

 

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 Excluding Maricopa Co., Pima Co., and Indian Country. 
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Idaho  Idaho confirms that its current SIP does not authorize the issuance of PSD 

permits for GHGs. The state intends to incorporate GHGs into its PSD program, 

and will submit SIP revisions after approval by its legislature (between April and 

June 2011). 

 The state requests a SIP submittal deadline of December 22, 2010, and the 

subsequent implementation of a FIP to address PSD requirements for GHGs. 

Kansas  Kansas confirms that it does not currently have the authority to include GHGs in 

its PSD permits. The state is in the process of revising its regulations to include 

GHGs, and intends to publish the final rules in November 2010 with an 

implementation date of January 2, 2011. The state has requested parallel 

processing of its SIP revisions, and submitted a draft to EPA on October 1, 2010. 

The final rule will be submitted as soon as possible after the close of public 

comments on October 26, 2010. 

 The state requests that EPA take action on its SIP revisions no later than January 

2, 2011. If EPA is unable to act in time and the state remains on the proposed 

SIP Call list, the state requests the shortest possible SIP submittal deadline of 

December 22, 2010 or 3 weeks from the final SIP Call, and subsequent 

implementation of a FIP to address PSD requirements for GHGs. If so, the state 

requests immediate delegation of the FIP. 

Jefferson Co., KY  Jefferson Co. is in the process of revising its PSD regulations to incorporate 

GHGs. The district anticipates adopting the revised regulations prior to 

December 1, 2010, and requests parallel processing of its SIP submittal. 

 In the event that the district is unable to adopt the revised regulations by 

December 1, 2010, it would not object to a SIP submittal deadline of January 1, 

2011. 

Kentucky  Kentucky intends to amend current regulations to incorporate GHGs into its 

PSD program, and anticipates submitting SIP amendments by January 1, 2011. 

 The state proposes a SIP submittal deadline of March 31, 2011. 

Nebraska  Nebraska intends to adopt regulations to apply its PSD program to GHGs. A 

rulemaking is already underway, and the state anticipates final promulgation by 

January 2, 2011. The state requests parallel processing of its SIP revision. 

 The state does not object to a SIP submittal deadline of March 1, 2011. 

Clark Co., NV  Clark Co. submitted SIP revisions concerning its PSD applicability provisions and 

definitions earlier this year, though further revisions to incorporate GHGs are 

required. The county is in the process of amending its PSD regulations to 

incorporate GHGs, and anticipates submitting SIP revisions to EPA by December 

1, 2010. 

 If, due to unforeseen circumstances, the county does not submit its SIP 

revisions by December 1, 2010, it would not object to a SIP submittal deadline 

of July 1, 2011. 

Oregon  Oregon confirms that its SIP PSD program does not currently apply to GHGs. 

The state plans to develop authority to apply its PSD program to GHGs, and 

submit SIP revisions to EPA by the end of February 2010. 

 The state does not object to a SIP submittal deadline of December 22, 2010. 

Texas  Texas does not believe that its SIP is inadequate because it does not include 

GHGs, and questions the legality of EPA’s SIP Call proposal. 

 The state does not believe EPA’s proposed SIP submittal deadline is reasonable. 
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Wyoming  Wyoming indicates that its laws prevent the state from regulating GHGs, and 

asks to be moved to the SIP Call List. 

 The state does not object to a SIP submittal deadline of December 22, 2010, 

and subsequent implementation of a FIP to address PSD requirements for 

GHGs.