EPA Changes Course On Authority To Revisit NSR Permits In Title V Context

In an October 16, 2017 order signed by EPA Administrator Scott Pruitt, EPA reversed a position it has held for many years — that the Agency has authority, in the context of Title V permitting, to review previous state-level decisions on the applicability of new source permitting requirements.  The new policy outlined in the October 16 order removes the Title V petition to object as an avenue for citizens to seek EPA review of state preconstruction permitting decisions.

Under the Clean Air Act, Title V operating permits issued by state and local permitting authorities must be submitted to EPA for review.  EPA has 45 days to object to a Title V permit if the Agency determines that the permit is not in compliance with applicable requirements under the Act, and if the EPA does not object, a citizen can petition the Agency to object to issuance of the permit.