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Pacific Southwest, Region 9

Serving: Arizona, California, Hawaii, Nevada, Pacific Islands, Tribal Nations

Air Permits

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Notice of Deficiency in Title V

Following is a brief description of a notice of deficiency in the context of a deficient existing Title V permitting program administered and enforced by a state or local agency. For the complete regulatory language, see 40 CFR 70.10(b) and (c).

EPA may issue a notice of deficiency (NOD) to a permitting authority if EPA determines that the permitting authority is not adequately administering or enforcing its part 70 (Title V) program. EPA must publish this notice in the Federal Register.

The NOD sets into motion a schedule: the permitting authority must take "significant action" within 90 days after the date of the NOD, and the permitting authority must correct the deficiencies within 18 months after the date of the NOD.

If the permitting authority fails to take significant action within the 90-day time frame, EPA may take one or more of the following actions: withdraw the program (or a portion of it), impose sanctions, or implement the permitting program as a federal program. If the permitting authority fails to correct the deficiencies within the 18-month time frame, EPA will apply sanctions. In addition, if the problems have not been addressed after two years, EPA is required to promulgate, administer, and enforce the permitting program. Sanctions (namely, highway sanctions and offset sanctions) are certain penalties that EPA has the authority to impose in certain situations.

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