Rule2026-19889
Rescission of Title V Emergency Affirmative Defense Rule; Corrections
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 29, 2026
Effective
September 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 91 Issue 187 (Tuesday, September 29, 2026)</title>
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[Federal Register Volume 91, Number 187 (Tuesday, September 29, 2026)]
[Rules and Regulations]
[Pages 61323-61324]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19889]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 70 and 71
[EPA-HQ-OAR-2016-0186; FRL-8961.2-02-OAR]
RIN 2060-AX05
Rescission of Title V Emergency Affirmative Defense Rule;
Corrections
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
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SUMMARY: 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:
<a href="/cdn-cgi/l/email-protection#4d212c3a3f28232e28633e34292328340d283d2c632a223b"><span class="__cf_email__" data-cfemail="e488859396818a8781ca979d808a819da4819485ca838b92">[email protected]</span></a>.
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:
<bullet> At 91 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.''
<bullet> At 91 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\
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\1\ 91 FR 32357, 32358.
\2\ Id.
\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).
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List of Subjects
40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 71
Environmental protection, Administrative practice and procedure,
[[Page 61324]]
Air pollution control, Reporting and recordkeeping requirements.
Aaron Szabo,
Assistant Administrator, Office of Air and Radiation.
Accordingly, 40 CFR parts 70 and 71 are corrected by making the
following correcting amendments:
PART 70--STATE OPERATING PERMIT PROGRAMS
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq
0
2. In Sec. 70.6, revise paragraph (g)(2) to read as follows:
Sec. 70.6 Permit content.
* * * * *
(g) * * *
(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
0
3. The authority citation for part 71 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq
0
4. In Sec. 71.6, revise paragraph (g)(2) to read as follows:
Sec. 71.6 Permit content.
* * * * *
(g) * * *
(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.
* * * * *
[FR Doc. 2026-19889 Filed 9-28-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 29, 2026.
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