U.S. FEDRegulation
EPA narrows Title V review of applicable requirements in operating permits
EPA finalized a rule clarifying when Clean Air Act applicable requirements from other CAA programs may be reviewed, modified, or implemented through Title V operating permits. The rule limits the situations in which New Source Review preconstruction requirements are reviewed under EPA's Title V oversight authorities and states that the general duty to prevent accidental releases of hazardous substances is not an applicable requirement. Published September 25, 2026, it takes effect October 26, 2026.
Key points
- Codifies EPA's existing interpretations of "applicable requirements" at 40 CFR parts 70 and 71.Federal Register
- Limits the situations in which NSR preconstruction requirements are reviewed under Title V oversight.Federal Register
- General duty to prevent accidental releases of hazardous substances is not an applicable requirement.Federal Register
- Docket EPA-HQ-OAR-2023-0401; 91 FR 61026; effective October 26, 2026.Federal Register
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Filed under
RegulationU.S.EPA Final Rule: Clarifying the Scope of Applicable Requirements Under State and Federal Operating Permit Programs (2026)EnvironmentalFor practitionersFor governance