Rescission of Title V Emergency Affirmative Defense Rule; Corrections
On June 1, 2026, the U.S. Environmental Protection Agency (EPA) published a final rule titled "Rescission of Title V Emergency Affirmative Defense Rule." After publication, the ...
On June 1, 2026, the U.S. Environmental Protection Agency (EPA) published a final rule titled “Rescission of Title V Emergency Affirmative Defense Rule.” After publication, the EPA discovered inadvertent typographical errors in the action. This document corrects the errors and ensures the regulatory text restored on June 1, 2026, matches the original regulatory text codified in Federal regulations prior to their removal following the 2023 Affirmative Defense Rule. The corrections described in this action do not affect the emergency affirmative defense provisions codified in 40 CFR parts 70 and 71 in a substantive way.
DATES:
The correction is effective September 29, 2026.
FOR FURTHER INFORMATION CONTACT:
For information about this final action, contact Sydney Lawrence, Permitting and Program Support Division, Office of State Air Partnerships, Environmental Protection Agency, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; telephone number: (919) 541-4768; email address:
lawrence.sydney@epa.gov.
SUPPLEMENTARY INFORMATION:
The EPA is correcting the final rule, Rescission of Title V Emergency Affirmative Defense Rule, which published in the
Federal Register
on June 1, 2026 (91 FR 32357). Following publication of that document, the EPA discovered inadvertent typographical errors codified in the Agency's operating permit program regulations at 40 CFR 70.6(g)(2) and 71.6(g)(2).
The EPA is correcting the following errors published in
Federal Register
Document Number (FR Doc.) 2026-10875 on June 1, 2026:
At91 FR 32360, the regulatory text in 40 CFR 70.6 “Permit content” paragraph (g)(2) “Effect of an emergency” contains the typographical error “bought my” in the first sentence. The EPA now amends the regulatory text to replace the phrase “bought my” to “brought for” and the sentence shall read as follows, “An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of paragraph (g)(3) of this section are met.”
At91 FR 32360, the regulatory text in 40 CFR 71.6 “Permit content” paragraph (g)(2) “Effect of an emergency” contains the typographical error “bought my” in the first sentence. The EPA now amends the regulatory text to replace the phrase “bought my” to “brought for” and the sentence shall read as follows, “An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of paragraph (g)(3) of this section are met.”
For the same reasons explained in the Rescission of Title V Affirmative Defense Rule, the EPA is taking this action without providing an opportunity for prior public notice or comment because the Agency finds that the Administrative Procedure Act (APA) “good cause” exemption applies.[1]
Furthermore, for the same reasons explained in the Rescission of the Title V Affirmative Defense Rule, the EPA finds that good cause exists to make this final rule effective immediately.[2]
The EPA is correcting two erroneous uses of the phrase “bought my” to the proper phrase “brought for” in a rulemaking that carried out the mandate of the U.S. Court of Appeals for the D.C. Circuit in
SSM Litigation Group
v.
EPA,
150 F.4th 593 (D.C. Cir. 2025) and restoring the text of 40 CFR 70.6(g) and 71.6(g) as these provisions existed before the EPA promulgated the 2023 Affirmative Defense Rule.[3]
(2)
Effect of an emergency.
An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of paragraph (g)(3) of this section are met.
* * * * *
PART 71—FEDERAL OPERATING PERMIT PROGRAMS
3. The authority citation for part 71 continues to read as follows:
(2)
Effect of an emergency.
An emergency constitutes an affirmative defense to an action brought for noncompliance with such technology-based emission limitations if the conditions of paragraph (g)(3) of this section are met.
3.
“Removal of Title V Emergency Affirmative Defense Provisions From State Operating Permit Programs and Federal Operating Permit Program.” 88 FR 47029 (July 21, 2023).
Use this for formal legal and research references to the published document.
91 FR 61323
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Rescission of Title V Emergency Affirmative Defense Rule; Corrections,” thefederalregister.org (September 29, 2026), https://thefederalregister.org/documents/2026-19889/rescission-of-title-v-emergency-affirmative-defense-rule-corrections.
40 CFR parts 70
42 U.S.C. 7401