EPA rescinded its 2023 “Removal of Title V Emergency Affirmative Defense Provisions From State Operating Permit Programs and Federal Operating Permit Program” rule, which had applied to manufacturers, energy producers, and other facilities that exceed emissions limits due to events such as equipment malfunctions or natural disasters. Title V of the Clean Air Act requires facilities to comply with emissions standards imposed by an operating permit. Restoration of this affirmative defense reduces incentives for parties covered by Title V to ensure sufficient emissions-mitigating operations.