EPA restores emergency defense rule for air permits after court reversal
/ 1 min read
Table of Contents
The Environmental Protection Agency is reinstating a regulatory provision that allows certain industrial facilities to use an affirmative defense in enforcement actions when emissions exceed permit limits due to sudden emergencies. This action effectively undoes a 2023 EPA rule that had previously removed these protections from federal operating permit programs.
Why it matters: This is primarily a legal compliance action rather than a new policy shift. The practical effect is to return regulatory language to its pre-2023 state for facilities subject to Title V operating permits under the Clean Air Act. It resolves uncertainty for states and permit holders regarding whether emergency defenses are permissible in federal enforcement contexts.
Who it affects
- Owners and operators of industrial facilities that hold or apply for Title V operating permits
This information is based on a final rule published by the Environmental Protection Agency in the Federal Register; readers should consult the original document at Docket ID No. EPA-HQ-OAR-2016-0186 for full legal details.
Agency: Environmental Protection Agency
Source: Federal Register — read the official document