EPA Restores Emergency Defense Rule After Court Loss
Published Date: 6/1/2026
Rule
Summary
The EPA is undoing a 2023 rule that removed emergency protections from air pollution permits because a court said so. This means companies with Title V permits get their emergency defense rights back starting June 1, 2026. No new costs or fees are involved—just a return to the old rules to keep things fair and clear.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
Title V Emergency Defense Restored
The EPA is rescinding the 2023 rule and is restoring the emergency-related affirmative defense provisions in 40 CFR 70.6(g) and 71.6(g). Companies that hold or apply for Title V operating permits get those emergency defense rights back starting June 1, 2026.
Proof Rules for Claiming Emergency
To use the emergency affirmative defense, a permittee must show an emergency occurred using properly signed, contemporaneous operating logs or other evidence, and must submit notice of the emergency to the permitting authority within 2 working days after emissions exceeded limits. The rule also places the burden of proof on the permittee in any enforcement proceeding.
Permitting Authorities Freed From Revisions
State, local, and Tribal permitting authorities are no longer required to submit revisions to their Title V operating permit programs or to revise existing operating permits to implement the 2023 rule. This change takes effect June 1, 2026 and rescinds the prior directive that would have forced such revisions.
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