Environmental Protection Agency
The U.S. Environmental Protection Agency (EPA) is updating the title V operating permit program regulations to codify the Agency's existing interpretations and policies concerning when and whether "applicable requirements" established in other Clean Air Act (CAA) programs may be reviewed, modified, and/or implemented through the title V operating permit program. Specifically, this final rule clarifies the limited situations in which requirements under the New Source Review (NSR) preconstruction permitting program would be reviewed using the EPA's title V oversight authorities. Additionally, this final rule clarifies that requirements related to an owner or operator's general duty to prevent accidental releases of hazardous substances are not "applicable requirements" for title V purposes and are, therefore, not implemented through title V.
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-2023-0401; FRL-9118.1-02-OAR] RIN 2060-AW77 ( printed page 61026) AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: The U.S. Environmental Protection Agency (EPA) is updating the title V operating permit program regulations to codify the Agency's existing interpretations and policies concerning when and whether “applicable requirements” established in other Clean Air Act (CAA) programs may be reviewed, modified, and/or implemented through the title V operating permit program. Specifically, this final rule clarifies the limited situations in which requirements under the New Source Review (NSR) preconstruction permitting program would be reviewed using the EPA's title V oversight authorities. Additionally, this final rule clarifies that requirements related to an owner or operator's general duty to prevent accidental releases of hazardous substances are not “applicable requirements” for title V purposes and are, therefore, not implemented through title V. DATES: This final rule is effective on October 26, 2026. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2023-0401. All documents in the docket are listed on the http://www.regulations.gov website. Docket materials are available electronically through http://www.regulations.gov . FOR FURTHER INFORMATION CONTACT: For information about this final rule, contact Mr. Matthew…
Other Federal Register documents from the same docket.
Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program
Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program
Citation: 91 FR 61026
