U.S. EPA Issues Back-to-Back Title V Guidance Memos

Author: Amy Marshall

In April and May 2026, the U.S. Environmental Protection Agency (U.S. EPA) issued two memoranda directing regional offices and state, local, and Tribal permitting authorities to take full advantage of existing flexibilities in the Clean Air Act (CAA) Title V operating permit program to streamline the Title V permit renewal and review processes. Their intent is to reduce the time that applicants take when preparing Title V permit renewal applications when nothing has changed and to speed the agency’s review process. The memoranda echo some of the same concepts that are already available as expressed in U.S. EPA’s “White Paper Number One ” and “White Paper Number Two” from July of 1995 and March of 1996, respectively. These and other Title V guidance memoranda can be accessed on U.S. EPA’s Title V Operating Permit Policy and Guidance Document Index.

Streamlining Permit Renewals

The April 16, 2026 memorandum, Guidance on Streamlining Clean Air Act Title V Operating Permit Renewals, addresses the Title V renewal application and review process. Title V permits are typically issued for 5-year terms and must be renewed within a certain window prior to the end of that term. Depending on the agency, renewal applications can be subject to the same procedural requirements as initial permit issuance, i.e., the facility must submit a complete narrative, regulatory analysis, emissions calculations, and permit application forms. For sources with stable operations, this can mean reproducing large volumes of information that may not have changed since the last permit cycle.

U.S. EPA’s April 2026 memo states that if there are no changes to permit terms or underlying applicable requirements since the last application, permitting authorities may allow applicants to essentially resubmit the prior application with a current date. Applicants may satisfy their regulatory obligations by cross-referencing or incorporating previously submitted materials by reference including, for example, information already submitted as part of a New Source Review (NSR) preconstruction permit. Any cross-referenced documents must be made available for public review.

The April memo also clarifies expectations around the Statement of Basis that the reviewing agency prepares to accompany a draft permit. Permitting authorities are not expected to proactively justify unchanged permit terms in every renewal proceeding. U.S. EPA encourages permitting authorities to either reuse the prior Statement of Basis, editing only the sections addressing changed or new requirements, or simply make the prior Statement of Basis available for the public record. The memo’s goal is to streamline effort required to renew a Title V permit for both the permittee and the reviewing agency.

Streamlining Permit Reviews

The May 11, 2026 memorandum, Guidance on Streamlining Title V Operating Permit Reviews, addresses three issues that can cause delays in the U.S. EPA review and public participation process.

Concurrent Public and U.S. EPA Review

Under the CAA, permitting authorities must provide the public at least 30 days to comment on a Title V permit action, and must then transmit a proposed permit to U.S. EPA for a 45-day review and comment period. Historically, some permitting authorities have run the comment periods sequentially, waiting for public comment to close before submitting the proposed permit to U.S. EPA for their review, meaning the minimum elapsed time before a final permit could be issued was 75 days just from these two steps.

The May 11, 2026 memo clarifies that permitting authorities may submit the draft permit to U.S. EPA simultaneously with the start of the public comment period, running the 30-day public comment period and the 45-day U.S. EPA review period concurrently. U.S. EPA strongly encourages permitting authorities to use concurrent review for permits that are not expected to receive significant public comment, noting that many Title V permits receive little or no public comment. If significant public comment is received and the permit is revised, the proposed permit must be re-submitted to U.S. EPA, restarting the 45-day review, but because U.S. EPA will have already reviewed the prior version, the agency anticipates that secondary reviews will typically not require the full 45 days.

Expedited U.S. EPA Review and Early Final Permit Issuance

The May 11, 2026 memo also clarifies that neither the CAA nor U.S. EPA’s regulations require the agency to take the full 45 days to review a proposed permit. U.S. EPA regions have the discretion to conclude their review, notify the permitting authority that the Agency does not object, and allow the permitting authority to issue a final permit before the 45-day window expires. This “no-objection” notification is not an affirmative U.S. EPA approval of the permit and does not indicate Agency views on permit content, it simply clears the way for final issuance.

The memo notes that some U.S. EPA Regions and permitting authorities are already taking advantage of this flexibility, and encourages all Regions to proactively adopt expedited review practices. In jurisdictions that process NSR preconstruction permits and Title V operating permits simultaneously, faster Title V permit finalization could also accelerate preconstruction permit issuance, with direct implications for project timelines.

Standardized Deadline Calculations

The memo addresses a third, more technical issue: inconsistent application of U.S. EPA review and petition deadlines. Going forward, U.S. EPA and permitting authorities should calculate Title V review and petition deadlines using the following standardized method:

This timing clarification is significant because the timing of the public’s 60-day petition window is not affected by a U.S. EPA decision to conclude its review early. Even if U.S. EPA signs off on a permit in 20 days, the full 45-day review period must run before the 60-day petition clock starts.

New U.S. EPA Permitting Authority Map

U.S. EPA has also recently launched an interactive Permitting Authority Map, accessible at https://www.epa.gov/permits/epa-permitting-authority-map. The map allows users to quickly determine whether permitting authority for a given program rests with U.S. EPA or has been delegated to a state, territory, Tribal nation, or local agency. This is a resource for companies operating facilities across multiple jurisdictions for evaluating which agency to engage when initiating a Title V action.

What This Means for Title V Permittees and Applicants

These two memos do not change the law or underlying regulatory requirements in any state. They clarify flexibilities that already exist and encourage permitting authorities and U.S. EPA Regions to use them. For permittees, these policy memos could reduce the time and cost associated with permit renewals and could reduce the time it takes to receive renewed or amended Title V permits.

Whether and how quickly individual permitting authorities implement these flexibilities will vary. For agencies that have recently adopted e-permitting systems or revised their permit application forms, it may not be practical to streamline Title V renewal applications as suggested. Not every state or local agency will immediately revise its internal procedures and some agencies may face constraints under their regulations that limit their ability to adopt concurrent review or expedited issuance practices.

Wrap-Up

U.S. EPA’s recent Title V guidance reflects the current Administration’s broader emphasis on reducing regulatory burden and accelerating permitting timelines. These memoranda follow the same theme as their construction permitting-related memoranda issued in 2025.

ALL4 has a large and experienced air permitting consulting practice and works with major stationary sources across virtually every industry sector to manage the full permit life cycle – from initial applications and renewals to permit modifications and petition responses. We can help you evaluate opportunities for streamlining permit applications and shortening review timelines. Please reach out to your ALL4 project manager with any questions.