Data / Federal rules / 2026-10875

Rescission of Title V Emergency Affirmative Defense Rule

The Environmental Protection Agency published this final rule in the Federal Register on June 1, 2026. It took effect on June 1, 2026.

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What the agency says

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.

Key facts

Document number: 2026-10875
Type: Final rule
Action: Final rule
Agency: Environmental Protection Agency
Published: June 1, 2026
Takes effect: June 1, 2026
Dates: This final rule is effective on June 1, 2026.
Docket: EPA-HQ-OAR-2016-0186; FRL-8961.1-02-OAR
Regulation ID (RIN): 2060-AX05
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: 4

The document on federalregister.gov PDF

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