Proposed Clarifications to the Clean Air Act Title V Operating Permit Program

On December 13, 2023, the Environmental Protection Agency (EPA) proposed a rule to clarify the relationship between the Clean Air Act (CAA) title V operating permit program and certain types of “applicable requirements” established under different sections of the CAA. 

The proposed rule would: (1) ensure that applicable requirements established in different CAA programs are treated consistently in title V permits across the nation; (2) incentivize permitting authorities to offer opportunities for meaningful public involvement in NSR permitting actions; (3) respect the finality of NSR permitting decisions; and (4) allow the public and EPA to focus their resources on using the title V permitting process to address issues that can be most effectively resolved through title V (e.g., ensuring sufficient monitoring and compliance assurance measures). 

The proposed rule was published in the Federal Register January 9th and comments are due March 11, 2024. 

Visit EPA’s webpage and download the fact sheet for more information.