Proposed Rule2025-17038
Revisions to the Clean Air Act Operating Permit Program; California; San Diego County Air Pollution Control District
Primary source
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Published
September 5, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing approval of revisions to the Clean Air Act (CAA or "Act") Operating Permit Program (title V) of the San Diego County Air Pollution Control District (SDCAPCD or "District") in California. Once approved, these revisions will update the District's public noticing requirements to conform to current federal requirements for title V programs. We are taking comments on these proposed revisions and are simultaneously publishing our final action approving these revisions in a direct final rule.
Full Text
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<title>Federal Register, Volume 90 Issue 170 (Friday, September 5, 2025)</title>
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[Federal Register Volume 90, Number 170 (Friday, September 5, 2025)]
[Proposed Rules]
[Pages 42895-42896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17038]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R09-OAR-2025-0038; FRL-12574-01-R9]
Revisions to the Clean Air Act Operating Permit Program;
California; San Diego County Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing
approval of revisions to the Clean Air Act (CAA or ``Act'') Operating
Permit Program (title V) of the San Diego County Air Pollution Control
District (SDCAPCD or ``District'') in California. Once approved, these
revisions will update the District's public noticing requirements to
conform to current federal requirements for title V programs. We are
taking comments on these proposed revisions and are simultaneously
publishing our final action approving these revisions in a direct final
rule.
DATES: Written comments must be received on or before October 6, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2025-0038 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://Regulations.gov">Regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
<a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a
language other than English or if you are a person with disabilities
who needs a reasonable accommodation at no cost to you, please contact
the person identified in the FOR FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Camille Cassar, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; phone (415) 947-4164, email:
<a href="/cdn-cgi/l/email-protection#b2d1d3c1c1d3c09cd1d3dfdbdeded7f2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="c3a0a2b0b0a2b1eda0a2aeaaafafa683a6b3a2eda4acb5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA. This proposal addresses the following
local rule: SDCAPCD Rule 1415, ``Title V Operating Permits--Permit
Process--Public Notification.'' In the Rules and Regulations section of
this Federal Register, the EPA is approving the District's submission
as a direct final rule without prior proposal because we view this as a
noncontroversial action and anticipate no adverse comments. A detailed
rationale for the action is set forth in the preamble to the direct
final rule. If the EPA receives no adverse comments, the EPA
contemplates no further action. If the EPA receives adverse comments,
the EPA will withdraw the direct final rule and will address all public
comments in a subsequent final rule based on this proposed rule. We do
not plan to open a second comment period on this action, so anyone
interested in commenting should do so at this time. Please note that if
the EPA receives an adverse comment on an amendment, paragraph, or
section of this rule and if that provision may be severed from the
remainder of the rule, the EPA may adopt as final those provisions of
the rule that are not the subject of an adverse comment. For additional
information, see the direct final rule of the same title that is
located in the Final Rules section of this Federal Register.
Table of Contents
I. Title V Background
II. What are the requirements for approval of revisions to Title V
programs?
III. What is the State's proposed Title V program revision?
I. Title V Background
The CAA Amendments of 1990 include title V, which requires states
to develop an operating permits program that meets the Federal criteria
codified in title 40 of the Code of Federal Regulations (CFR) part 70.
The title V program requires certain sources of air pollution to obtain
federal operating permits from their respective states. These federal
operating permits improve enforcement and compliance by consolidating
all applicable federal requirements into one federally enforceable
document. Before a state can issue permits under 40 CFR part 70 (which
are referred to as ``title V permits''), the EPA must approve its
programs as amendments to appendix A of 40 CFR part 70. States may
submit revisions to their approved programs for EPA approval. See EPA's
Technical Support Document (TSD) for a more detailed discussion of the
history of the title V program approvals for SDCAPCD.
II. What are the requirements for approval of revisions to Title V
programs?
Pursuant to 40 CFR 70.4(i), either the EPA or the state may
initiate a title V program revision ``when the relevant Federal or
State statutes or regulations are modified or supplemented.'' It is the
responsibility of the state to keep the EPA apprised of any proposed
modifications to its basic statutory or regulatory authority or
procedures. Additional details on the steps necessary to submit a title
V program revision can be found in the TSD for this action.
III. What is the State's proposed Title V program revision?
Table 1 lists the rule submitted as part of the SDCAPCD's title V
program revisions and the date that it was adopted by the District and
submitted by the California Air Resources Board (CARB), which is the
governor's designee for California rule submittals.
[[Page 42896]]
Table 1--Submitted Rule
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Submitted date
Rule No. Rule title Amended date \b\
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1415....................................... Title V Operating Permits--Permit 10/12/2023 1/19/2024
Process--Public Notification.
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\b\ CARB transmitted the submittal to the EPA by a letter dated January 19, 2024.
The District submitted revisions to Rule 1415 (Title V Operating
Permits--Permit Process--Public Notification) at sections (a), (c),
(d), (g), and (j) to conform to current public noticing, application
publication, and record retention requirements codified in 40 CFR
70.5(c), 70.7(h) and 40 CFR 70.6(a)(3)(ii)(B). Details regarding the
revisions made including a change-copy of Rule 1415 can be found in the
appropriate docket files.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 18, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
[FR Doc. 2025-17038 Filed 9-4-25; 8:45 am]
BILLING CODE 6560-50-P
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