Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program

nt is functionally the same as creating a new applicable requirement and is, therefore, inconsistent with Congress's design for title V. --------------------------------------------------------------------------- \160\ See section 3.5.2 of the RTC. --------------------------------------------------------------------------- Other statutory provisions within title V further support the EPA's interpretation. Title V requires State programs to have ``[a]dequate, streamlined, and reasonable procedures . . . for expeditious review of permit actions . . . .'' \161\ Requiring a permitting authority, or the EPA, to go back and review final permitting decisions that have already been subject to the safeguards of public notice and judicial review would frustrate the goal [[Page 61044]] of ``expeditious review of permit actions.'' \162\ --------------------------------------------------------------------------- \161\ 42 U.S.C. 7661a(b)(6). \162\ Id. --------------------------------------------------------------------------- Similarly, Congress provided abbreviated timeframes for the EPA to review a proposed title V permit: 45 days for the EPA's independent review and 60 days if presented with a petition to object.\163\ Based on ``the abbreviated timeline Congress gave EPA,'' the Fifth Circuit in Env't Integrity Project concluded ``that these timelines are inconsistent with an in-depth and