Data / Federal rules / 2026-19671

Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program

The Environmental Protection Agency published this final rule in the Federal Register on September 25, 2026. It takes effect on October 26, 2026.

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What the agency says

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.

Key facts

Document number: 2026-19671
Type: Final rule
Action: Final rule
Agency: Environmental Protection Agency
Published: September 25, 2026
Takes effect: October 26, 2026
Dates: This final rule is effective on October 26, 2026.
Docket: EPA-HQ-OAR-2023-0401; FRL-9118.1-02-OAR
Regulation ID (RIN): 2060-AW77
Code of Federal Regulations: 40 CFR 70; 40 CFR 71
Topics: Administrative practice and procedure; Air pollution control; Environmental protection; Intergovernmental relations; Reporting and recordkeeping requirements
Pages: 47

The document on federalregister.gov PDF

Other documents from the Environmental Protection Agency

Document	Type	Published
Virginia: Approval of State Coal Combustion Residuals Permit Program 2026-21622	Final rule	Oct 22
Utah Underground Injection Control Program; Class VI Primacy 2026-21618	Proposed rule	Oct 22
Nevada: Codification and Incorporation by Reference of Approved Underground Storage Tank Program 2026-21603	Final rule	Oct 22
New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Northwest Clean Air Agency, Washington State 2026-21383	Proposed rule	Oct 19
Air Quality Plan; Arizona; Agricultural Best Management Practices Rules for the West Pinal County PM10 Nonattainment Area 2026-21289	Proposed rule	Oct 19
Approval and Promulgation of Implementation Plans-Pinal County (Part); West Pinal, AZ PM10 Nonattainment Area; Moderate Area, Serious Area, and Section 189(d) Plan for Attainment of the 24-Hour PM10 Standard 2026-21288	Proposed rule	Oct 19
Air Quality Plan; Arizona; Pinal County Air Quality Control District; West Pinal County PM10 Nonattainment Area; Fugitive Dust Rules 2026-21287	Proposed rule	Oct 19
Approval and Promulgation of Implementation Plans; Arizona; Revisions to the Cleaner Burning Gasoline, Winter Oxygenated Fuel, and Gasoline Set-Aside Programs 2026-21268	Final rule	Oct 19

Everything from the Environmental Protection Agency · Rules on administrative practice and procedure · Rules on air pollution control · Rules on environmental protection · Published in September 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.