Regulatory Update: EPA Limits Title V Objections to NSR Permits – Update from Hiser Burggraff Curtis

Regulatory Update • Clean Air Act

EPA Sets Regulatory Limits on Title V Objections to NSR Permits

The EPA has officially issued its final rule, “Clarifying the Scope of ‘Applicable Requirements’ Under State Operating Permit Programs and the Federal Operating Permit Program” (91 Fed. Reg. 61026). This pivotal regulatory action follows the Fifth Circuit’s ruling in Environmental Integrity Project v. EPA, confirming that the structure and purpose of the Clean Air Act limits general Title V review of New Source Review preconstruction permits.

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