On May 11, 2026, the U.S. Environmental Protection Agency (EPA) issued guidance intended to streamline the review and issuance of Title V operating permits under the Clean Air Act. This guidance may effectively reduce Title V permitting timelines, particularly where public opposition is limited. EPA’s guidance promotes parallel EPA and public comment reviews, earlier permit issuance, while preserving statutory timelines and public participation rights. Public comment requirements remain unchanged. EPA retains authority to object within 45 days and the 60-day petition process remains intact 

EPA clarifies how permitting authorities and EPA Regions may use existing flexibility to reduce administrative delays and accelerate permit issuance without a change to statutory or regulatory requirements. The guidance signals a policy shift toward parallel processing, favoring earlier EPA engagement, and expedited review decisions.  

Key Developments 

1. Concurrent EPA and Public Review 

The guidance observes that permitting authorities may submit a proposed permit to EPA at the same time the public comment period begins, allowing EPA’s 45-day review period to run concurrently with public comment. EPA encourages this approach where significant public comment is not anticipated. If significant comments are received, the permit must be revised and resubmitted, restarting EPA review. 

2. Expedited EPA Review and Early Final Issuance 

The guidance concludes that EPA is not required to use the full 45-day review period and may notify permitting authorities that it does not object before the 45-day period ends. Permitting authorities may then issue the final permit immediately. EPA’s “no objection” is not an approval and does not constitute a compliance determination, however.  

3. Early Engagement with EPA 

The guidance encourages early and informal submission of draft permits to EPA Regions and coordination throughout the permitting process. 

4. Clarified Deadline Calculations 

Review deadlines trigger on the date EPA receives the proposed permit. Counting begins the following day, includes weekends and holidays, and extends to the next business day if the count lands on a weekend or holiday. If EPA completes review early, the 60-day petition period begins only after the full 45-day review period has elapsed. 

Practical Moves 

Title V permittees can take these steps to lean into the new direction from EPA and seek expedited review of a proposed permit: 

  • Evaluate whether concurrent review (EPA and public comment) is appropriate. 
  • Engage early with the permitting authority regarding coordination with EPA. 
  • Ensure that the administrative record is robust and defensible.  

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