Rescission of Title V Emergency Affirmative Defense Rule
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 aff
| Agency | Environmental Protection Agency |
|---|---|
| Document type | Rule |
| Published | 2026-06-01 |
| 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 reinstat |
| Document number | 2026-10875 |
| Official record | https://www.federalregister.gov/documents/2026/06/01/2026-10875/rescission-of-title-v-emergency-affirmative-defense-rule |