Federal Register #EPA-HQ-OAR-2016-0186

EPA Reinstates Emergency Affirmative Defense Provisions for Title V Permits

This regulatory action from the U.S. Environmental Protection Agency (EPA) affects Title V operating permit programs nationwide: - The EPA is rescinding its 2023 rule that removed emergency affirmative defense provisions from Title V permit regulations - This follows a court decision reversing the 2023 rule - Emergency-related affirmative defense provisions are reinstated as they existed prior to the 2023 rule - Applies to: - Federal, State, local, and Tribal air pollution control agencies administering Title V permits - Owners and operators of emission sources with Title V permits - No products or services are being procured or awarded - Notable requirement: Restoration of emergency affirmative defense provisions, allowing permit holders to claim a defense for noncompliance with technology-based emission limits during emergencies, if specific conditions are met - The EPA is the only agency or OEM mentioned

Description

The U.S. Environmental Protection Agency (EPA) is rescinding a 2023 final rule that removed emergency-related affirmative defense provisions from Federal regulations governing Title V operating permit programs. This rescission follows a 2025 decision by the U.S. Court of Appeals for the District of Columbia Circuit which reversed the 2023 rule. The EPA is reinstating the emergency-related affirmative defense provisions as they existed before the 2023 rule. The final rule is effective June 1, 2026, and applies to Federal, State, local, and Tribal air pollution control agencies and owners/operators of emissions sources holding or applying for Title V operating permits.

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