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Delegations

Part 71

The U.S. Environmental Protection Agency for the first time ever delegated authority to a tribe to administer the federal Title V operating permits program (Part 71). 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. The tribe will take over Title V permitting responsibilities for twelve existing major stationary air pollution sources on the reservation. Under the agreement, Region 9 will continue to oversee the Part 71 permits for the Navajo Generating Station and the Four Corners Power Plant. Region 9 has 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. A copy of the Agreement and related documents are attached below.

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2004 Navajo Nation Part 71 Delegation (PDF) (34 pp, 403K)

2006 Navajo Nation Part 71 Supplemental Delegation (PDF) (7 pp, 211K)

Contact

Roger Kohn (Roger Kohn)
(415) 972-3973

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Air Permit Program Delegations

Which air pollution control agencies in Region 9 have the authority to issue Prevention of Significant Deterioration (PSD) permits?

There are two ways that an air agency in Region 9 can get the authority to issue PSD permits. An agency may submit PSD rules to EPA for approval into the State Implementation Plan (SIP). Or EPA may delegate PSD authority to an agency via a PSD Delegation Agreement. The following list summarizes PSD authority in Region 9. (Contact information).

Air Permit Delegations

Arizona

Agency Effective Date
Arizona Dept. of Environmental Quality 5/3/83 (SIP)
3/12/99 (Delegation for PM-10)
Maricopa County Environmental Services 11/22/93 (Delegation)
Pima County Dept. of Environmental Quality 4/14/94 (Delegation)
Pinal County Air Quality Control District 4/9/96 (SIP)

California

Agency Effective Date
Bay Area Air Quality Management District (PDF) (Scanned, 8 pp, 1.1M) 2/4/08 (Partial Delegation)
Mendocino County Air Pollution Control District 8/30/85 (SIP)
Monterey Bay Unified Air Pollution Control District
Monterey County
San Benito County
Santa Cruz County
7/11/96 (SIP)

North Coast Unified Air Quality Management District
Humboldt County
Del Norte County
Trinity County
8/30/85 (SIP)

Northern Sonoma County Air Pollution Control District 8/30/85 (SIP)
Sacramento Metro Air Quality Management District 7/19/85 (SIP)
South Coast Air Quality Management District (PDF) (7 pp, 205K) 7/25/07 (Partial Delegation)

Hawaii

Agency Effective Date
Hawaii Department of Health (PDF) (6 pp, 323K) 8/15/83 (Delegation)
revised 1/5/89

Nevada

Agency Effective Date
Clark County Department of Air Quality Management 6/21/82 (SIP)
Nevada Division of Environmental Protection (PDF) (6 pp, 123K) 10/19/04 (Full Delegation)
Washoe County District Health Department (PDF) (6 pp, 36K) 3/13/08 (Full Delegation)

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