Can the EPA’s New Title V Rule Finally Bring Certainty to Air Permitting?
One Minute Matters Video Series
10.22.26
For years, companies planning major facilities have faced a real risk: What if an air construction permit you fought for could be relitigated years later during a completely separate permitting process?
Effective on Monday, October 26, the EPA’s new Title V rule is designed to limit when prior New Source Review decisions can be reopened.
Grant Gilezan and Haley Marion break down what the rule does, where risk still exists, and why front-end permitting strategy matters more than ever.
Key takeaways:
- Title V operating permits cannot be used to reopen prior New Source Review decisions that already went through the required public process
- For manufacturers, data centers, and major facility operators, this means more confidence that construction permit decisions won’t be revisited years later
- Risk comes earlier, making front-end documentation and record-building more critical than ever
- The General Duty Clause for accidental releases is not an applicable requirement under Title V
- Legal challenges from environmental groups and state attorneys general are possible
Related People
