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USRuleOfficial ✓September 25, 2026· Federal Register

Clarifying the Scope of “Applicable Requirements” Under State Operating Permit Programs and the Federal Operating Permit Program

What happened

The U.S. Environmental Protection Agency (EPA) is updating its title V operating permit program regulations. This final rule clarifies the limited situations in which New Source Review (NSR) preconstruction permitting program requirements would be reviewed using EPA's title V oversight authorities. Additionally, it clarifies that general duty requirements to prevent accidental releases of hazardous substances are not "applicable requirements" for title V purposes and are therefore not implemented through title V. This action was signed by Donald Trump.

Why it matters

This rule clarifies the scope of requirements for state and federal operating permits, which could impact how certain Clean Air Act rules are applied and enforced. It also defines what will not be included in title V permits regarding accidental release prevention.

Who it affects

  • ›U.S. Environmental Protection Agency (EPA)
  • ›Owners or operators of facilities with hazardous substances
  • ›Entities subject to Clean Air Act (CAA) programs
  • ›Businesses with title V operating permits
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