The EPA promulgated the Outer Continental Shelf (OCS) air regulations (40 CFR part 55) pursuant to Section 328 of the Clean Air Act (CAA). OCS permits contain various requirements including preconstruction permit requirements under the New Source Review (NSR) permitting program and operating permit requirements under the Title V permitting program. OCS permits also include New Source Performance Standards (NSPS), National Emissions Standards for Hazardous Air Pollutants (NESHAPS) and/or state and local air pollution control requirements for sources locating within 25 miles of a state’s seaward boundary (the line 3 nautical miles distant from a state’s coastline (9 nautical miles for Texas and Florida)). OCS permit issuance is a federal action that triggers EPA obligations under other federal statutes (e.g., National Historic Preservation Act (NHPA), Endangered Species Act (ESA), Magnuson-Stevens Fishery Conservation and Management Act (MSA)). The Bureau of Ocean and Energy Management (BOEM) is the lead Federal agency for ensuring compliance with ESA, MSA and NHPA. EPA is a co-action agency for all ESA, MSA and NHPA compliance activities associated with wind development projects on the Atlantic OCS. OCS permits are issued by EPA regional offices or delegated state and local permitting authorities. To date, the EPA has delegated the OCS permitting program to three states (Delaware, Maryland and Virginia) and four permitting authorities in California (San Luis Obispo County Air Pollution Control District (APCD), Santa Barbara County APCD, South Coast Air Quality Management District and Ventura County APCD).

Once an OCS permit application is determined complete by the applicable permitting authority, the permitting authority develops and issues a draft OCS permit. This draft OCS permit is open for public comment, usually for a 30-day public comment period, and after comments are evaluated, a response to comments document is developed. Public notice documents can be found on the applicable permitting authority website.

Although EPA’s OCS air permitting projects are not subject to the National Environmental Policy Act (NEPA), the EPA actively participates in BOEM's processes under NEPA for each of the OCS projects off the Atlantic coast and considers BOEM’s environmental analyses, including the NEPA Record of Decision (ROD), in the development of the OCS air permit for each source. The ROD explains BOEM’s decision under NEPA, the alternatives BOEM considered and BOEM’s plans for mitigation and monitoring, if necessary. EPA’s final permit decision occurs after the issuance of the ROD, which fulfills EPA’s statutory obligations under ESA, MSA and NHPA. The final permit must be issued no later than one year from the date EPA determines that the OCS permit application is complete. OCS permit application submission and review milestones are discussed in more detail below.