1 

States Moving Full Speed Ahead on Greenhouse Gas Permitting 

National Association of Clean Air Agencies 

September 15, 2010 

 The vast majority of states are moving full speed ahead to begin permitting emissions of 

greenhouse gases (GHGs) under the Clean Air Act, and expect to complete revisions of state and/or local 

rules by, or within a few months after, January 2, 2011 – the date that GHG permitting under the Act’s

Prevention of Significant Deterioration (PSD) and Title V programs begins. Nearly 80% of states have 

indicated that they will be ready to permit the largest sources of GHGs by the time permitting 

requirements take effect. The U.S. Environmental Protection Agency (EPA) issued rules earlier this year 

regulating GHGs under the Clean Air Act, including rules that exempt smaller sources and subject only 

the largest GHG emitters to permit requirements. In response to calls from the states for more time to 

revise state and local regulations to exempt smaller sources, the agency also delayed the 

commencement of GHG permitting until January 2, 2011. 

 In December 2009, pursuant to the Supreme Court’s 2007 decision in Massachusetts v. EPA that 

GHGs are an air pollutant under the Clean Air Act, EPA determined that GHGs do indeed contribute to 

air pollution that endangers public health and welfare.1

 Following on that finding, EPA and the U.S. 

Department of Transportation issued a final rule controlling GHGs from new motor vehicles and engines 

on April 1, 2010.2 Once GHGs become subject to regulation under the Clean Air Act, permitting 

provisions under PSD and Title V are triggered, requiring the implementation of control technologies to 

abate emissions of GHGs. In anticipation of this, EPA promulgated the final Johnson Memo 

Reconsideration3 in March 2010, which interpreted the phrase “subject to regulation” as occurring when 

an actual control requirement contained within a nationwide rule takes effect. Therefore, under the 

agency’s interpretation, once GHGs became subject to regulation with promulgation of the final lightduty vehicle rule, PSD and Title V permit requirements apply to GHGs as of January 2, 2011.

 The PSD and Title V Greenhouse Gas Tailoring Rule4 (Tailoring Rule) was promulgated in June 

2010 to address concerns regarding the crippling administrative burden that would result from issuing 

millions of permits to sources emitting only very small amounts of GHGs. The Tailoring Rule raised the 

thresholds for GHG permitting to include only the largest sources and extended the onset of GHG 

permitting in order to give states time to revise their own rules to include the Tailoring Rule 

requirements and exempt smaller sources. Most states are moving forward with legislative and/or 

regulatory processes to incorporate the Tailoring Rule provisions. 

 

 

1

 Endangerment and Cause or Contribution Findings for Greenhouse Gases under Section 202(a) of the Clean Air 

Act, 74 Federal Register 66496 (December 15, 2009). 

2

 Light-Duty Vehicle Greenhouse Gas Emission Standards and Corporate Average Fuel Economy Standards; Final 

Rule, 75 Federal Register 25324 (May 7, 2010). 

3

 Reconsideration of Interpretation of Regulations that Determine Pollutants Covered by Clean Air Act Permitting 

Programs; Final Action on Reconsideration of Interpretation, 75 Federal Register 17004 (April 2, 2010). 

4

 75 Federal Register 31514 (June 3, 2010). 
2 

 In the final Tailoring Rule, EPA asked states to send letters to the agency by August 2, 2010 with 

information regarding how the state intends to implement the Tailoring Rule. EPA asked each state to 

respond by indicating whether or not the state needs to undertake a regulatory or legislative process in 

order to incorporate the provisions of the Tailoring Rule, as well as the timeline for completing any such 

process. States were also asked to notify EPA if they do not have any authority to permit GHGs and, if 

not, to indicate whether or not they intend to revise their rules to include GHGs. 

 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 letters from all applicable states, as well as those from a number of local and

territorial air pollution control agencies. NACAA’s analysis shows that the vast majority of states are 

working quickly to prepare for GHG permitting and incorporate the provisions of the Tailoring Rule into 

applicable state and local rules and State Implementation Plans (SIPs) as soon as possible. Nearly 80% of 

states expect to have rules in place by January 2, 2011 or shortly thereafter. Of the minority of states 

that will not yet have rules in place by January 2, 2011 or shortly thereafter, most are working to 

incorporate the provisions of the Tailoring Rule, but will be delayed due to state legislative and/or 

regulatory requirements. 

 Below, NACAA provides a brief summary of each state’s response to the questions posed by 

EPA, and includes all letters submitted to EPA by states pursuant to the agency’s request in the final

Tailoring Rule. The 57 letters summarized below, from 48 states and territories and 9 local air pollution 

control agencies, provide a snapshot of the implementation plans of the states as of August 2010. Many 

of these plans are subject to current regulatory and/or political processes. Three states – Nebraska,

Nevada, and the District of Columbia – have not submitted Tailoring Rule letters to EPA as of September 

2010, though both Nevada and the District of Columbia implement delegated PSD programs under 

federal regulations.5

 In California, local air pollution control agencies throughout the state are 

responsible for stationary source permitting, and the PSD program in most of California is implemented

by EPA under federal regulations. 

 

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 Programs operating under the federal regulations include the provisions of the Tailoring Rule as of the date the 

final rule took effect. 
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State-By-State Summary

AGENCY & DATE SUMMARY OF RESPONSES

Alabama

July 31, 2010 

 Alabama has the authority to permit GHGs under both PSD and Title V; no 

revisions need to be made for this purpose. 

 State PSD regulations need to be revised to be consistent with the Tailoring 

Rule thresholds. 

 The state plans to begin the rulemaking process to revise its PSD regulations 

by August 22, 2010. The revisions should be considered for adoption in 

December 2010, and, if approved, submitted to EPA in January 2011. The 

state has requested parallel processing for this SIP revision. Title V 

regulations will be revised at a later date. 

Alaska

August 2, 2010 

 Alaska needs to undertake a regulatory process in order to incorporate the 

provisions of the Tailoring Rule and comply with federal rules regarding GHG 

permitting. 

 The state has already initiated the rulemaking process, and anticipates that 

the regulations will be adopted and in effect by January 2, 2011. 

Arizona

August 27, 2010 

 Arizona does not have the authority to permit GHGs under its PSD and Title V 

programs. The state does not agree that its PSD program is inadequate 

because it does not apply to GHGs. 

 Completing the rulemaking and SIP approval process by January 2011 would 

be nearly impossible. 

Arkansas

July 26, 2010 

 Arkansas does not currently have the authority to permit GHGs under state 

law. 

 State PSD and Title V regulations need to be revised to be consistent with the 

Tailoring Rule thresholds. 

 The state estimates that it will take 10-18 months to revise the regulations, 

and will not make the January 2, 2011 deadline. 

Colorado

July 29, 2010 

 Colorado needs to revise its PSD and Title V regulations to incorporate the

Tailoring Rule thresholds. 

 The state has begun the rulemaking process and hopes that regulatory 

changes will be complete by the end of November 2010. Regulatory changes 

then need to undergo legislative review, which is expected to conclude by 

winter or spring 2011. The state requests that EPA limit approval of its PSD 

and delegated Title V program to match the GHG permitting thresholds 

under the Tailoring Rule. 

Connecticut

July 20, 2010 

 Connecticut does not currently have the authority to permit GHGs under its

PSD or Title V programs. 

 The state intends to revise its regulations to include GHGs for both 

programs, as well as to incorporate the Tailoring Rule thresholds for both its 

PSD and Title V programs. 

 The regulatory adoption process generally takes 14-20 months. The state 

will try to expedite the process, but expects regulatory revisions by late 

summer/early fall 2011. 

Delaware

July 29, 2010 

 Delaware does have the authority to interpret subject to regulation for both 

its PSD and Title V programs. 

 However the state will also undertake rulemaking to explicitly add the 
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Tailoring Rule thresholds to its regulations.

 The state has begun the regulatory process, and anticipates finalizing the 

revised regulations by the end of 2010 with a compliance date of January 2, 

2011. 

Florida

July 2, 2010 

 Florida does not have the authority to permit GHGs under either its PSD or 

Title V programs, and cannot automatically interpret subject to regulation. 

 The state needs to amend its regulations to incorporate GHGs into its 

permitting programs, but cannot at this time estimate how long this will 

take. 

Georgia

August 2, 2010 

 Georgia intends to adopt EPA’s interpretation of subject to regulation for

both its PSD and Title V programs, and will do so by undertaking a 

rulemaking process. 

 The state anticipates completing rulemaking for both PSD and Title V by 

January 1, 2011. 

Hawaii

July 28, 2010 

 Hawaii currently has the authority to permit GHGs and can implement the

Tailoring Rule thresholds under its delegated PSD program. The state also 

has the authority to permit GHGs under its Title V program. 

 Rule changes are required in order to apply the definition of subject to 

regulation for the state’s Title V program. 

 The state estimates that the Title V regulatory changes will be completed by 

the end of 2011. 

Idaho

July 28, 2010 

 Idaho must undertake a regulatory/legislative process in order to 

incorporate GHGs as subject to regulation, as well as to incorporate the 

provisions of the Tailoring Rule. 

 The state expects to complete the process by late March/early April 2011. 

Illinois

July 29, 2010 

 Illinois has the authority to permit GHGs consistent with the Tailoring Rule

provisions under its delegated PSD program. 

 The statute and regulations governing its Title V program need to be revised 

in order to incorporate the Tailoring Rule thresholds and update the fee 

structure. State regulations will also be revised to ensure that smaller 

sources do not require permits under state law. 

 The state anticipates that the Title V legislative revisions will be completed in 

spring or summer 2011, with regulatory revisions following shortly 

thereafter. 

Indiana

July 23, 2010 

 Indiana currently has the authority to permit GHGs under both its PSD and 

Title V programs, and intends to apply EPA’s definition of subject to 

regulation. 

 PSD and Title V regulations need to be revised in order to incorporate the 

Tailoring Rule thresholds. 

 The state plans to use emergency rulemaking as an interim measure to make 

the Tailoring Rule thresholds effective by January 2, 2011. A permanent, 

expedited rulemaking process is expected to be completed in March 2011. 

Iowa

July 20, 2010 

 Iowa needs to undertake a rulemaking process in order to adopt the 

Tailoring Rule definition of subject to regulation for both its PSD and Title V 

programs. 

 The state plans to finish rule revisions and submit these to EPA for inclusion 

in its SIP by the end of December 2010. 
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Kansas

August 2, 2010 

 Kansas needs to revise its regulations in order to implement the Tailoring 

Rule provision for both its PSD and Title V programs. 

 The state estimates that regulatory changes will be completed by April 1, 

2011. 

Kentucky

July 27, 2010 

 Kentucky intends to amend current regulations to adopt the definition of 

subject to regulation for both its PSD and Title V programs. 

 The state anticipates finalizing regulatory changes and submitting SIP 

revisions to EPA by the beginning of December 2010.

Louisiana

August 2, 2010 

 Louisiana rules do not appear to prohibit permitting GHGs under its PSD and 

Title V programs. 

 The state intends to apply the meaning of subject to regulation consistent 

with the Johnson Memo Reconsideration without regulatory changes; 

however PSD and Title V regulations need to be revised in order to 

incorporate the Tailoring Rule thresholds. 

 If it undertakes fast track rulemaking, the state could have final rules by 

December 20, 2010, though the effective date could be delayed. 

 The state also needs to amend other state regulations in order to revise 

thresholds for small source exemptions; these revisions will not be final by 

January 2, 2011. 

Maine

August 5, 2010 

 Maine has the authority to implement PSD and Title V permitting for GHGs.

 Certain regulatory changes need to be made in order to incorporate the 

Tailoring Rule thresholds. 

 The state expects that regulatory changes will be adopted before January 2, 

2011. 

Maryland

August 2, 2010 

 Maryland intends to amend its regulations consistent with the Tailoring Rule 

thresholds contained in the definition of subject to regulation for both its 

PSD and Title V programs. PSD regulations will also be amended to clarify 

that sources are subject to the Tailoring Rule provisions. 

 The state anticipates completing rulemaking by January 2, 2011. 

Massachusetts

August 2, 2010 

 Massachusetts currently implements a delegated PSD program.

 GHGs are not currently a regulated pollutant under its Title V program. The 

state needs to undertake a rulemaking process in order to adopt the 

definition of subject to regulation and incorporate the Tailoring Rule 

thresholds for its Title V program. 

 The goal is to provide regulatory language for public review during the first 

half of 2011. 

Michigan

July 27, 2010 

 Michigan intends to interpret subject to regulation as defined in the Tailoring 

Rule; no rule changes are required to incorporate the Tailoring Rule 

requirements for its PSD program. 

 The state needs to undertake a rulemaking process in order to amend its 

rules to incorporate the Tailoring Rule provisions under its Title V program. 

 The rulemaking process normally takes 12-18 months, and the state 

anticipates completing this process before July 1, 2012. 

Minnesota

June 23, 2010 

 Minnesota implements a delegated PSD program, and no changes are 

required to incorporate the Tailoring Rule provisions. 

 Title V rules need to be revised in order to incorporate the Tailoring Rule 

thresholds. Various rule requirements for state-only permits may also be 
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modified.

 The state expects to initially use an expedited rulemaking process to 

complete regulatory changes for its Title V program by January 2, 2011. It 

will then need to undertake a traditional rulemaking process beginning in 

early 2011, and expects to have final rulemaking finished by mid/late 2012. 

Mississippi

July 28, 2010 

 Mississippi needs to amend its regulations in order to implement the

Tailoring Rule provisions for its PSD and Title V programs. 

 The state expects that the regulatory amendment process should be 

completed by January 2, 2011, pending public interest. 

Missouri

July 27, 2010 

 Missouri needs to amend its regulations in order to incorporate the Tailoring 

Rule thresholds for its PSD and Title V programs. 

 The state is currently reviewing the final Tailoring Rule and state regulations 

to determine the necessary changes, and will then begin the rulemaking 

process. The process usually takes 12-18 months for permanent rules; the 

state may be able to propose emergency rulemaking, though rules would 

only then be effective for 180 days. 

Montana

August 20, 2010 

 Montana’s existing rules and regulations provide the framework for 

implementing its PSD and Title V programs consistent with the Tailoring Rule 

provisions. 

New Hampshire

July 30, 2010 

 New Hampshire needs to undertake a rulemaking process in order to

incorporate the Tailoring Rule thresholds for both its PSD and Title V 

programs. 

 The state has initiated a rulemaking process, and expects to complete it in 

December 2010, with an effective date of January 2, 2011. 

New Jersey

July 30, 2010 

 New Jersey implements a delegated PSD program.

 For its Title V program, the state intends to apply EPA’s definition of subject 

to regulation, and does not need to undertake a regulatory or legislative 

process in order to do so. 

 In the future, the state may specifically add the 100,000 tpy threshold to the 

Title V major source definition as a matter of clarification. 

New Mexico

June 24, 2010 

 New Mexico needs to amend is PSD and Title V rules in order to incorporate

the Tailoring Rule requirements. 

 The state intends to request a hearing in November 2010, and expects rule 

revisions to be effective by January 1, 2011. 

New York

August 11, 2010 

 New York has the authority to permit GHGs under both its PSD and Title V

programs. 

 Though the state is currently not PSD SIP-approved, it has submitted a SIP 

and is awaiting final approval; therefore the letter addresses relevant PSD 

questions in anticipation of approval. 

 The state will interpret subject to regulation in the same manner as EPA, and 

intends to undertake rulemaking in order to implement the Tailoring Rule 

approach for both its PSD and Title V programs. 

 The state has initiated a formal state rulemaking process, and seeks to finish 

in less than one year. 

North Carolina

August 2, 2010 

 North Carolina needs to undertake a rulemaking process in order to 

incorporate the Tailoring Rule thresholds under its PSD program. 

 Its Title V program automatically incorporates the federal definition of major 
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source; the state will review regulations, including fees, to ensure sufficient 

resources to permit GHGs under Title V. 

 The state has begun the rulemaking process for PSD. The earliest completion 

date is January 2, 2011. However if there are letters of objection the rule will 

be forwarded to the next legislative session; if so, it may take as long as 

summer 2011 for the rules to take effect. 

North Dakota6

June 21, 2010 

 North Dakota intends to apply the definition of subject to regulation under 

both its PSD and Title V programs, and will implement the definition as of 

January 2, 2011. 

 The state will also update state rules to incorporate the definition of subject 

to regulation. 

 The process of updating state rules has already begun and is expected to be 

completed by April 1, 2011. 

Ohio

July 26, 2010 

 Ohio needs to modify its PSD and Title V rules in order to permit GHGs 

consistent with the Tailoring Rule. 

 The state has begun the rulemaking process, which could be completed by 

December 2010 if there are no delays. 

Oklahoma

July 15, 2010 

 Oklahoma regulations could support an interpretation that the state does 

have the authority to permit GHGs under its PSD and Title V programs. 

 State rules for PSD and Title V need to be revised in order to incorporate the 

Tailoring Rule thresholds. 

 The state plans to initiate a rulemaking process. It will not be possible to 

have rules in place by January 2, 2011. The earliest date that rules could be 

in place is July 2011, but it may be as long as July 2012 if the rulemaking 

process results in unexpected problems. 

Oregon

July 29, 2010 

 Oregon needs to undertake a regulatory process in order to include GHGs as 

a regulated pollutant under its PSD program and incorporate the Tailoring 

Rule definition of subject to regulation. 

 The state expects to complete its regulatory process on February 17, 2011 

and submit SIP revisions to EPA. 

Pennsylvania

August 4, 2010 

 Pennsylvania has the authority to apply the Tailoring Rule definition of 

subject to regulation without making any regulatory or legislative changes 

for both its PSD and Title V programs. 

Puerto Rico

July 29, 2010 

 Puerto Rico needs to amend its regulations in order to incorporate the

Tailoring Rule thresholds for its Title V program. 

 A public hearing for the proposed Title V amendments is expected by 

December 2010. 

Rhode Island

August 3, 2010 

 Rhode Island has the authority to permit GHGs.

 PSD and Title V regulations need to be revised in order to incorporate the 

Tailoring Rule thresholds. 

 The state anticipates adopting the necessary regulations before January 2, 

2011. 

South Carolina

August 2, 2010 

 South Carolina needs to revise its regulations in order to incorporate the 

Tailoring Rule thresholds for both its PSD and Title V programs. 

 

6

 On July 29, 2010, North Dakota submitted a follow up letter clarifying that nothing in the initial, June 21, 2010 

letter, summarized above, was intended to waive the state’s right to challenge the legality of any EPA rule or 

action. 
8 

 As a temporary measure, the South Carolina legislature enacted a Joint 

Resolution, effective June 11, 2010, that makes the Tailoring Rule provisions 

effective in South Carolina until the state revises its PSD and Title V 

regulations. 

 The temporary measure is already in effect; permanent regulatory revisions 

are expected to take at least 18 months. 

South Dakota

July 30, 2010 

 South Dakota needs to take action to incorporate the Tailoring Rule 

definition of subject to regulation into its rules for both PSD and Title V. 

 The state estimates that the adoption of the definition of subject to 

regulation and submittal of SIP revisions will take until at least January 2011. 

Tennessee

July 30, 2010 

 Tennessee has the authority to permit GHGs under both its PSD and Title V

programs. 

 The state needs to undertake a rulemaking process in order to incorporate 

the Tailoring Rule thresholds for PSD and Title V. 

 The state is working to complete the regulatory revisions by January 2, 2011. 

Texas

August 2, 2010 

 Texas does not have the authority to permit GHGs, and does not intend to 

interpret or amend its laws to compel GHG permitting. 

Utah

July 29, 2010 

 Utah intends to adopt the Tailoring Rule definition of subject to regulation 

for both its PSD and Title V programs, and needs to undertake rule changes 

in order to do this. 

 The state plans to adopt final rule changes by end of December 2010. 

Vermont

July 22, 2010 

 Vermont needs to amend its laws and regulations in order to incorporate the

Tailoring Rule thresholds. 

 Statutory changes took effect July 1, 2010. Regulatory changes are now 

underway and are expected to be completed by the end of 2010. 

Virginia

July 28, 2010 

 Virginia needs to revise its regulations in order to incorporate the Tailoring 

Rule thresholds under its PSD and Title V programs.

 The state anticipates, pending approval, using an expedited process to 

present proposed regulatory revisions in September 2010. Assuming the 

revisions are adopted they would take effect by January 2, 2011. 

Washington

July 29, 2010 

 Washington needs to amend its general permitting and Title V regulations in 

order to apply the Tailoring Rule definition of subject to regulation. 

 The state expects that the rulemaking process will be completed, and the 

amended rules in effect, by January 2, 2011. 

West Virginia

July 30, 2010 

 West Virginia will undertake a legislative process in order to incorporate the

Tailoring Rule thresholds under its PSD and Title V programs. 

 Provisionally, the state plans to apply the Tailoring Rule definition of subject 

to regulation in its PSD and Title V programs, while also pursuing rulemaking. 

 The state intends to send PSD amendments to its legislature in the 2011 

session; if approved, it anticipates the amendments would take effect in June 

2011. The state intends to undertake emergency rulemaking to amend its 

Title V rules by early February 2011, and will also pursue a permanent rule 

that will likely be effective in May 2012. 

Wisconsin

July 28, 2010 

 Wisconsin needs to revise its state rules, and also plans to revise its SIP, in 

order to incorporate the Tailoring Rule provisions for both its PSD and Title V 

programs. 

 The state intends to promulgate emergency rules that will take effect no 
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later than January 2, 2011, and estimates that permanent rulemaking will 

take 9-12 months. 

Wyoming7

July 30, 2010 

 Wyoming is still evaluating its options, including regulatory and legislative 

processes, and wants to take time to understand the implications of each 

option. 

Butte Co., CA

July 30, 2010 

 Butte Co. does not implement a PSD program.

 The district can apply the meaning of subject to regulation to its Title V 

program without rule changes, though it may in the future add the specific 

definition to its rules for clarification. 

Monterey Bay, CA

July 28, 2010 

 Monterey Bay can implement the Tailoring Rule provisions under its PSD

program without undertaking regulatory changes. The district intends to 

revise its Title V regulations to mirror the Tailoring Rule. 

 The district plans to propose Title V revisions; no timeline given. 

Northern Sonoma

Co., CA 

July 30, 2010 

 Northern Sonoma Co. needs to revise its rules in order to incorporate the

Tailoring Rule provisions under its PSD and Title V programs. 

 The district intends to propose rules to its governing board by the end of 

2010. 

Sacramento, CA

July 27, 2010 

 Sacramento needs to revise its rules to include GHGs under its PSD and Title 

V programs, and will also revise its rules consistent with the Tailoring Rule 

thresholds. 

 The district plans to prepare rule changes and present them for adoption on 

January 27, 2011. The district will also submit SIP revisions to EPA. 

San Luis Obispo

Co., CA 

August 3, 2010 

 San Luis Obispo Co. does not implement a PSD program.

 The district needs to revise its Title V rules in order to incorporate the 

Tailoring Rule thresholds. 

 The district anticipates presenting the revised rule for adoption on January 

27, 2011. 

South Coast, CA

July 30, 2010 

 South Coast currently implements a PSD program under partial delegation.

 The district intends to amend its local rules for PSD and Title V in order to 

incorporate the Tailoring Rule requirements. 

 The district anticipates presenting the proposed amendments to its local 

rules by December 3, 2010, though it cannot guarantee final action on the 

proposed amendments by the end of 2010. 

Ventura Co., CA

July 30, 2010 

 Ventura Co. does not implement a PSD program.

 The district needs to revise its Title V rules in order to incorporate the 

Tailoring Rule requirements. 

 The district intends to adopt rule amendments by December 14, 2010. 

Louisville, KY

August 2, 2010 

 Louisville needs to revise its regulations in order to implement the Tailoring 

Rule definition of subject to regulation for its PSD and Title V programs. It 

will also need to revise a number of other regulations to clarify the scope of 

GHG regulations. 

 The district anticipates adoption of the revisions by the end of December 

2010. 

 

7

 Wyoming’s letter in response to the Tailoring Rule request for information is summarized here. The state 

subsequently submitted a letter in response to EPA’s proposed SIP Call indicating that it does not believe it has the 

authority to regulate GHG emissions. 
10 

Clark Co., NV

August 2, 2010 

 Clark Co. does not have the authority to permit GHGs for PSD or Title V 

under its existing SIP-approved rule. The department is in the process of 

submitting a SIP revision to EPA that more closely tracks federal language for 

PSD and Title V and includes the term subject to regulation. 

 The county needs to undertake a regulatory process in order to adopt the 

definition of subject to regulation in the Tailoring Rule. 

 The county will work with EPA to determine the best approach for making 

sure that federally enforceable PSD and Title V permits are available 

beginning January 2, 2011.