Clarifying the Scope of ``Applicable Requirements'' under State Operating Permit Programs and the Federal Operating Permit Program

What it does

• •Clarifies that the title V operating permit program generally may not be used to review or modify New Source Review (NSR) preconstruction permit requirements that were issued through EPA-approved state or federal title I regulations with public notice, comment, and judicial review.
• •Establishes that requirements related to an owner or operator's general duty to prevent accidental releases of hazardous substances are not 'applicable requirements' under title V and therefore are not implemented through title V permits.
• •Codifies EPA's existing interpretation that title V permits incorporate and compile air quality requirements from other Clean Air Act programs but do not create or change those underlying requirements.

Why it matters

• •Resolves conflicting interpretations between federal courts (Tenth and Fifth Circuits) by establishing a nationwide consistent approach to the relationship between NSR preconstruction permits and title V operating permits.
• •Reduces duplicative regulatory review by preventing the EPA from re-examining NSR permitting decisions already subject to public process and judicial review.
• •Clarifies the scope of what requirements are enforceable through title V permits, affecting how permitting authorities and regulated entities implement Clean Air Act compliance.

Who is affected

• •Stationary air pollution sources that obtain NSR preconstruction permits and title V operating permits
• •State air quality permitting agencies administering title V permit programs
• •EPA regional offices responsible for title V oversight and federal implementation plans

What happens next

The final rule becomes effective on October 26, 2026, and amends 40 CFR Parts 70 and 71 to codify these clarifications in the regulatory text.