Federal Land Manager Notification of New Source Review Permit Applications in EPA's Pacific Southwest (Region 9)

EPA’s Pacific Southwest (Region 9) implements and enforces federal environmental laws in Arizona, California, Hawaii, Nevada, the Pacific Islands, and 148 Tribal Nations.

• Notification Requirements
• Summary of Key Requirements
• Table Summary of FLM Review Requirements

Notification Requirements

Permitting agencies are required to notify Federal Land Managers (FLMs) of New Source Review (NSR) permit applications for new and modified major sources that may affect Federal Class I areas. Class 1 federal lands include areas such as national parks, national wilderness areas, and national monuments. These areas are granted special air quality protections under Section 162(a) of the federal Clean Air Act.

In EPA's Pacific Southwest (Region 9), the Class 1 areas are designated as depicted in the map on this page. For more information, please visit the Region 9 Federal Class 1 Areas page.

Summary of Key Requirements

Key requirements for the FLM notification process is summarized in the January 11, 2017 letter from Anna Marie Wood, Director of the EPA’s Air Quality Policy Division, to Carol McCoy, Chief of the Air Resources Division of the National Park Service (NPS). These key elements are represented below:

• Provide written notice of the permit application to the FLM of any lands within a Class I area whose visibility may be affected (40 CFR 51.307(a)(1), 40 CFR 52.21(p)(1)) by emissions from a proposed new facility or major modification in either attainment (40 CFR 52.27(d)(1)) or nonattainment (40 CFR 51.307(b)(2); 40 CFR 52.28(e)(2)) areas.
• Provide the FLM with written notification within 30 days of receipt of New Source Review (NSR)/Prevention of Significant Deterioration (PSD) permit applications and at least 60 days before public hearing on the application. Include in the written notification to the FLM all information relevant to the permit application, and an analysis of the anticipated impacts on visibility in any Federal Class I area, or other visibility protected area. See 40 CFR 51.307(a)(1), 40 CFR 52.27(d)(1), 40 CFR 52.28(e)(2), 40 CFR 52.21(p)(1).
• Consider any FLM analysis of the facility’s adverse impact on visibility in any Federal Class I area provided within 30 days of the written notification and receipt of all information relevant to the permit application. If the state finds that the FLM’s analysis does not demonstrate that an adverse impact will result in the Federal Class I area, the state’s notice of public hearing must either explain its decision or provide notice as to where such explanation can be obtained. See 40 CFR 51.307(a)(3), 40 CFR 52.21(p)(3).
• Notify the FLM of permit applications of not only facilities that will be located within 100 km of a Class I area, but also large sources located at distances greater than 100 km if there is reason to believe that such sources could affect the air quality in the Class I area. See EPA memorandum dated October 19, 1992: “Clarification of Prevention of Significant Deterioration (PSD) Guidance for Modeling Class I Area Impacts”.
• Where the state requires or receives advance notification (e.g., early consultation with the source prior to submission of a permit application of a source that may affect visibility) the state must notify all affected Federal Land Managers within 30 days of such advance notification (40 CFR 51.307(a)(2)). In some areas, depending on the size of the facility and its proximity to a Class I area, it may also be appropriate to notify the FLMs of the pre-application meeting with the owner of a proposed facility. See EPA memorandum dated March 19, 1979: “Notification to Federal Land Managers Under Section 165(d) of the Clean Air Act”.
• Send a copy of the notice of opportunity for public comment to the FLM whose lands may be affected by emissions from the facility. See 40 CFR 51.166(q).

Table Summary of FLM Review Requirements

Region 9 has summarized these requirements and best practices in the table below.