Final rule · 2026-19671

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

The U.S. Environmental Protection Agency (EPA) is updating the title V operating permit program regulations to codify the Agency's existing interpretations and policies concerning when and whether "applicable requirements" established in other Clean Air Act (CAA) programs may be reviewed, modified, and/or implemented through the title V operating permit program. Specifically, this final rule clarifies the limited situations in which requirements under the New Source Review (NSR) preconstruction permitting program would be reviewed using the EPA's title V oversight authorities. Additionally, this final rule clarifies that requirements related to an owner or operator's general duty to prevent accidental releases of hazardous substances are not "applicable requirements" for title V purposes and are, therefore, not implemented through title V.