Dwindling budgets are pushing some states to consider returning their delegated Clean Air Act permitting programs to EPA unless they can raise fees charged to industry for Title V air permits in order to boost revenue, sources say, though fee increases may prove difficult if state lawmakers or industry oppose a hike in permit fees.

Activists are suing Texas for not accepting public input in new state permits that are among the first in the United States that seek to quantify emissions limits during startup, shutdown and planned maintenance (SSM) into enforceable permit provisions, which could set a precedent for other states to follow in crafting SSM permit limits.