2026-19889: Rescission of Title V Emergency Affirmative Defense Rule; Corrections

Federal Register, Volume 91 Issue 187 (Tuesday, September 29, 2026) [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 [www.gpo.gov] [FR Doc No: 2026-19889] ======================================================================= ----------------------------------------------------------------------- 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. -----------------------------------------------------------------------

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: [email protected].

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: 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.'' 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\ --------------------------------------------------------------------------- \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). --------------------------------------------------------------------------- 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