Clean Air Act

US EPA Issues Guidance To Streamline Clean Air Act Title V Operating Permit Reviews

In May 2026, the US Environmental Protection Agency issued non-binding guidance to streamline Clean Air Act Title V operating permit reviews by allowing concurrent EPA and public review and encouraging expedited use of the 45-day EPA review period. This clarification gives permitting authorities and major stationary sources greater certainty and faster permitting timelines without changing underlying legal requirements, which can materially affect project scheduling, capacity expansions, and coordination of New Source Review and Title V permitting.

12 May 2026, 18:21epa.govUnited States

US EPA Proposes Redefining "Begin Actual Construction" in Clean Air Act NSR Permitting

EPA has proposed revising Clean Air Act New Source Review regulations to clarify when construction of non-emitting components can begin without an air permit and to codify definitions of "begin actual construction" and "pollutant-emitting activities". If adopted, the rule would streamline preconstruction permitting for power, data centre and manufacturing projects while leaving core emissions-control obligations under the Clean Air Act intact, potentially shortening project timelines without weakening air-quality protections.

12 May 2026, 18:15epa.govUnited States

US House Committee on Rules Reports H.Res. 1224 Rule for Clean Air Act Ethanol Waiver Bill H.R. 1346

The US House Committee on Rules has reported H. Res. 1224, a floor rule that schedules consideration of Clean Air Act ethanol waiver bill H.R. 1346 and provides for any resulting changes to be bundled into the broader agriculture bill H.R. 7567. This procedural move signals that nationwide adjustments to summertime gasoline volatility limits and small refinery renewable fuel credits are entering an active decision-making phase and should be closely monitored by fuel producers, refiners, and retailers.

12 May 2026, 12:51govinfo.govUnited States

Iowa DNR Seeks Comment on New Water-Use and Title V Air Permits

In early May 2026, Iowa DNR opened public comment on draft water-use permits for two large municipal systems and on renewed Title V air operating permits for four major industrial and waste facilities, alongside its April Water Summary Update. Water suppliers, landfills, paper and metals manufacturers in Iowa should review the proposed permit conditions, capacity changes and timelines now to confirm ongoing compliance and decide whether to submit comments before the late May and early June deadlines.

11 May 2026, 11:46iowadnr.govUnited States

New Jersey Assembly Proposes 90-Day Automatic Approval for Air Pollution Control Permits

In May 2026, a New Jersey Assembly bill was introduced that would automatically approve state air pollution control permits if the Department of Environmental Protection does not act on an application within 90 days. If enacted, this would cap air permitting timelines and could significantly affect planning, expansion, and compliance risk management for facilities seeking new or modified permits in New Jersey.

10 May 2026, 19:32pub.njleg.govUnited States

US EPA Proposes Removing North Carolina Vehicle Inspection and Maintenance Program From Clean Air Act SIP

EPA has proposed approving North Carolina’s request to remove the vehicle inspection and maintenance programme for 19 counties from the federally enforceable Clean Air Act State Implementation Plan, with public comments due by 07 June 2026. If finalised, this would end SIP-based federal I/M requirements in those counties, reducing inspection obligations for fleets and motorists while relying on other NOx and ozone controls to maintain air quality and compliance for the region.

9 May 2026, 13:24public-inspection.federalregister.govUnited States

Florida DEP Proposes SM-80 Source Category and Permit Changes Under Chapter 62-210, F.A.C.

Florida’s Department of Environmental Protection has proposed amendments to Chapter 62-210 of the Florida Administrative Code to create a new SM-80 synthetic minor source category and adjust permitting and emissions-reporting rules for stationary sources, with public comments due by 28 May 2026. Facilities in Florida with emissions near major-source thresholds may face closer scrutiny and additional reporting obligations if these rules are adopted, so operators should reassess permit status, planned modifications, and data systems during the consultation window.

9 May 2026, 13:20flrules.orgUnited States

Pennsylvania Senate Amends Vehicle Emission Inspection And SIP Revision Bill (SB 1298 PN 1695)

In May 2026, the Pennsylvania Senate amended SB 1298 (PN 1695) to ease vehicle emission inspection requirements and require DEP to submit a revised State Implementation Plan removing counties from the enhanced inspection programme by 1 August 2026. If enacted, this would reduce I/M burdens for newer vehicles and many Pennsylvania counties while forcing DEP and regulated fleets to navigate Clean Air Act SIP changes that could reshape long‑term inspection obligations and air‑quality compliance strategies.

9 May 2026, 07:13legis.state.pa.usUnited States

US EPA Proposes Approval of Missouri SO2 Attainment Plan for New Madrid Area

In May 2026 the US Environmental Protection Agency proposed approving Missouri’s State Implementation Plan attainment plan for the New Madrid area to meet the 2010 1-hour sulfur dioxide air quality standard. If finalised, this will lock in stringent SO2 emission limits for the Magnitude 7 Metals smelter and the New Madrid power plant, making them federally enforceable and signalling tighter expectations for high-sulfur industrial sources in the region.

8 May 2026, 11:04federalregister.govUnited States

US EPA Issues Final Orders on Petitions Challenging Colorado Clean Air Act Operating Permits for Compressor Stations

In March 2026, the US Environmental Protection Agency issued final orders that partly grant and partly deny petitions challenging Colorado Clean Air Act Title V operating permits for seven natural gas compressor stations operated by Bargath and Grand River Gathering. These decisions may drive follow-on permit and legal actions ahead of the July 2026 review deadline and signal continued scrutiny of air emissions permitting for oil and gas infrastructure in the region.

8 May 2026, 11:04govinfo.govUnited States

US EPA Finalizes Delegation of Federal Plan for Existing Sewage Sludge Incineration Units to Allegheny County, Pennsylvania

In May 2026, the US Environmental Protection Agency delegated implementation and enforcement of the federal plan for existing sewage sludge incineration units in Allegheny County, Pennsylvania, to the Allegheny County Health Department. This shifts day-to-day permitting, monitoring, and oversight for these incinerators from EPA to the county, so affected wastewater facilities must work directly with the local regulator while continuing to comply with federal emission and reporting requirements.

8 May 2026, 11:03federalregister.govUnited States

US EPA Proposes Conditional SIP Approval for San Diego County Landfill Flares Rule

The US Environmental Protection Agency has proposed a conditional approval of San Diego County’s landfill gas flare rule into the California air quality implementation plan, with public comments due by 8 June 2026. If finalized, the rule will lock in stricter NOx and carbon monoxide limits, monitoring, and testing for landfill flares, signalling tighter air-quality expectations and a need for landfill operators to prepare for future compliance and rule refinements.

8 May 2026, 10:59federalregister.govUnited States

US District Court Sets Summary-Judgment Schedule in Alliance of Nurses v. Zeldin Clean Air Act Case

A coalition of health, environmental and state plaintiffs is suing EPA in federal court for allegedly failing to perform certain mandatory duties under the US Clean Air Act, and the Northern District of California has now set a consolidated summary-judgment briefing schedule running into June 2026. This creates a clear timeline for a potential merits ruling on EPA’s Clean Air Act obligations in late June, signalling possible shifts in air-quality regulatory priorities and implementation timing if the plaintiffs prevail.

8 May 2026, 07:26govinfo.govUnited States

Delaware HB 402 Would Reauthorize Title V Operating Permit Program Annual Fees for 2027–2029

Delaware has introduced HB 402 to extend and update Clean Air Act Title V operating permit fees for major air emission sources for calendar years 2027 to 2029, avoiding a lapse when current fee authority expires at the end of 2026. If enacted, Title V permit holders in the state will face a restructured fee schedule with base, user, and program components and should budget accordingly while tracking the bill’s progress.

8 May 2026, 06:56legis.delaware.govUnited States

US DOJ Seeks Comment on Clean Air Act Consent Decree With The Kroger Co.

The US Department of Justice has lodged a proposed Clean Air Act consent decree with The Kroger Co. over nationwide refrigerant leak repair and recordkeeping violations at its grocery stores, and is inviting public comment until 5 June 2026. This signals heightened enforcement of refrigerant management obligations for large retailers, increasing pressure to strengthen leak detection, repair planning, and documentation controls across US store networks.

8 May 2026, 06:45govinfo.govUnited States

Iowa DNR Opens Public Comment on Draft Title V Air Permits for Five Facilities

In late April 2026 the Iowa Department of Natural Resources opened public comment on draft Title V operating permits for five major facilities, with comment periods running into early June. These permit reviews signal forthcoming updates to emission limits and monitoring obligations, so affected operators should review draft conditions now and prepare any comments or operational adjustments before each deadline.

6 May 2026, 19:46iowadnr.govUnited States

US EPA Issues Guidance on Limited Post-Deadline Flaring of Associated Gas at New Oil Wells

US EPA has issued May 2026 guidance clarifying that its 2024 OOOOb/c Clean Air Act rules still phase out routine flaring of associated gas at new oil wells by 7 May 2026 but allow limited post-deadline flaring in narrowly defined circumstances where conditions are beyond operators’ control. Oil and gas producers should treat this as implementation flexibility, not a rollback, and reassess flaring plans, documentation, and infrastructure investment around the 2026 deadline so any continued flaring can be justified under the guidance.

6 May 2026, 19:28epa.govUnited States

US House Passes Farm Bill Amendment Exempting Farm Equipment From Clean Air Act Emission Standards

The US House has passed its 2026 farm bill with a controversial amendment that would exempt agricultural tractors and certain self-propelled farm equipment from federal emission standards under the Clean Air Act, moving this proposal into House–Senate negotiations over the final bill. If enacted, this exemption would significantly weaken EPA authority over non-road agricultural engines and could reshape compliance strategies, product design, and air-quality planning across the agricultural and equipment sectors.

6 May 2026, 19:16govinfo.govUnited States

US House Adopts H.Res. 1224 Rule for Consideration of Clean Air Act Ethanol Waiver Bill H.R. 1346

In late April 2026, the US House adopted H.Res. 1224, a procedural rule that clears the Clean Air Act ethanol waiver bill H.R. 1346 for floor consideration and allows its text to be folded into a broader agriculture package. While this step does not yet change compliance obligations, it signals that potential revisions to the ethanol Reid Vapor Pressure waiver are advancing and should be monitored for possible impacts on fuel producers and other Clean Air Act stakeholders.

6 May 2026, 07:34govinfo.govUnited States

Alabama Department of Environmental Management Proposes Significant Title V Permit Modification for International Paper Riverdale Mill

Alabama’s environmental regulator has proposed a significant modification to International Paper’s Riverdale Mill Title V air permit to adjust how the mill demonstrates compliance with federal hazardous air pollutant standards, with no increase in permitted emissions and a public comment period open through late May 2026. While the changes are primarily procedural, they signal evolving expectations for documenting NESHAP compliance at this large pulp and paper facility, so site management and nearby stakeholders should review the revised process-condensate conditions and decide whether to engage before the permit is finalised.

5 May 2026, 14:05adem.alabama.govUnited States