EPA’s Aggressive Use Of Title V Objection Authority

Law360, New York (May 4, 2010, 2:32 PM EDT) -- In establishing the Federal Clean Air Act’s (“CAA’s”) Title V operating permit program,[1] Congress granted the Administrator of the United States Environmental Protection Agency the authority to object to a state permitting authority’s Title V permit. The EPA has aggressively used this authority on a number of different fronts in 2009 and 2010.

This article will discuss how the EPA has employed the Title V objection process not just as a mechanism to seek changes to individual permits, but rather as an opportunity to establish policy...
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