On May 11, 2026, the U.S. Environmental Protection Agency (EPA) issued guidance promoting an expedited process for Title V operating permits under the Clean Air Act. The guidance directs permitting authorities, where possible, to run the public’s 30-day comment period concurrently with EPA’s 45-day review period, rather than sequentially. It further clarifies that EPA is not required to use its entire 45-day window and may communicate to the permitting authority earlier that the Agency does not intend to object.
The guidance also addresses the scenario in which a permit draws significant public comment: although such comments may require the permitting authority to respond, make revisions, and resubmit the permit, thereby restarting EPA’s review, that secondary review should be limited to the changes prompting re-proposal and may take less than the full 45 days.
Because Title V permits are administered by state, local (in the case of Puerto Rico, the Department of Natural and Environmental Resources), and Tribal authorities with EPA oversight and must be renewed every five years, the guidance is intended to reduce delays and streamline the permitting timeline for facilities seeking to obtain or renew their operating permits.
For more information regarding this guidance or its potential implications for your operations, please contact a member of our Environmental practice team.
