Rescission of Title V Emergency Affirmative Defense Rule

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Environmental Protection Agency 40 CFR Parts 70 and 71 [EPA-HQ-OAR-2016-0186; FRL-8961.1-02-OAR] RIN 2060-AX05 AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The U.S. Environmental Protection Agency (EPA) is rescinding a 2023 final rule titled “Removal of Title V Emergency Affirmative Defense Provisions From State Operating Permit Programs and Federal Operating Permit Program” (“2023 Affirmative Defense Rule”). The 2023 Affirmative Defense Rule removed emergency-related affirmative defense provisions from Federal regulations governing title V operating permit programs. The EPA is taking this final action in response to a September 5, 2025, decision of the U.S. Court of Appeals for the District of Columbia (DC) Circuit which reversed the EPA's 2023 Affirmative Defense Rule. This rescission is necessary to carry out the court's mandate and reinstates the emergency-related affirmative defense provisions as they existed in the Code of Federal Regulations (CFR) before promulgation of the 2023 Affirmative Defense Rule. DATES: This final rule is effective on June 1, 2026. FOR FURTHER INFORMATION CONTACT: For information about this final rule, contact Sydney Lawrence, Permitting and Program Support Division, Office of State Air Partnerships, Environmental Protection Agency, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; telephone number: (919) 541-4768; email address: lawrence.sydney@epa.gov . SUPPLEMENTARY INFORMATION…