Today, U.S. Environmental Protection Agency (EPA) issued guidance clarifying the agency’s review process of Clean Air Act (CAA) title V permits to streamline and expedite approvals. This action, which can shave additional time off the permitting process, gives American businesses regulatory certainty and states flexibility to work through the process with the public without slowing down the ability to issue a permit.
“This guidance provides commonsense clarifications that will help get title V permits out the door quickly, speeding up economic development all while maintaining the same level of transparency, accountability, and public participation,” said EPA Assistant Administrator for Air Aaron Szabo. “For too long the Clean Air Act has been used as an excuse to slow walk projects beneficial to our communities, the Trump EPA is changing this through the plain reading of the law. We can protect human health and the environment and have an efficient permitting process.”
The guidance clarifies that state, local, and Tribal permitting authorities may submit title V permit applications to EPA before opening the public comment periods, then conduct public comments concurrently with EPA’s review. This preserves public participation and is particularly effective when the permitting authority does not anticipate adverse comment on the draft permit. The guidance also affirms that the CAA does not require a full 45-day review by EPA. Therefore, EPA is encouraging its regional offices to expedite their review of proposed permits where appropriate and upon request from EPA’s permitting partners. This approach will reduce unnecessary delays by allowing simultaneous and expedited review, rather than slowing paperwork down in sequential steps. The guidance does not change or substitute for any law, regulation, or any other legally binding requirement. The Trump EPA is committed to following all of its statutory obligations and fulfilling its core mission of protecting human health and the environment.
Today’s action reinforces EPA’s commitment to reduce administrative burdens and permitting delays. The agency will continue working closely with permitting authorities to support implementation of these improvements and identify additional opportunities to enhance the title V and other CAA programs.
To read the guidance, visit: Title V Operating Permit Policy and Guidance Document Index.
Background
In April, EPA issued different guidance to streamline the title V operating permit renewal process.
Title V of the CAA requires all air pollution requirements for major industrial sources to be consolidated into a single, federally enforceable operating permit. These programs are primarily administered by state, local, and Tribal air agencies, and permits typically must be renewed every five years.
