13 February 2020

EPA Standardizes Process to Petition for Objecting to Title V Air Permits

On February 5, the U.S. Environmental Protection Agency (EPA) issued a final rule in the Federal Register to streamline the process to petition the agency to object to state-issued Clean Air Act Title V air permits. The rule changes petition content and format requirements to describe the information a petition needs to include in order for EPA to review a claim of permit or permit process deficiency. With this rule, EPA also requires delegated state permitting authorities to respond in writing to “significant” comments while permitting authorities determine the significance of comments. Pursuant to the revised regulation, state permitting authorities must also submit to EPA a “statement of basis” that describes the legal and factual basis for the permit terms and conditions to be available during the public comment period and the agency’s 45-day review period.