Rescission of Title V Emergency Affirmative Defense Rule

Document 2026-10875 is a Final Rule published by the Environmental Protection Agency in the Federal Register on June 1, 2026, with an effective date of June 1, 2026. 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. View the original at https://www.federalregister.gov/documents/2026/06/01/2026-10875/rescission-of-title-v-emergency-affirmative-defense-rule.

No. Document 2026-10875 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.