Proposed Rule2026-06443
Clean Air Act Operating Permit Program Revision; California; Monterey Bay Air Resources District
Primary source
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Published
April 2, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Monterey Bay Air Resources District's (MBARD or "District") Title V Operating Permits Program. These revisions remove emergency affirmative defense provisions; align the rule with current title V requirements by removing permitting requirements for greenhouse gases; create procedures for electronic public noticing of permits in addition to newspaper noticing; and update formatting to match the MBARD's current rule format. This action is being taken in accordance with federal regulations and the Clean Air Act (CAA or "Act"). We are taking comments on these proposed revisions and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Proposed Rules]
[Pages 16621-16623]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06443]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[EPA-R09-OAR-2024-0596; FRL-12507-03-R9]
Clean Air Act Operating Permit Program Revision; California;
Monterey Bay Air Resources District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Monterey Bay Air Resources District's (MBARD
or ``District'') Title V Operating Permits Program. These revisions
remove emergency affirmative defense provisions; align the rule with
current title V requirements by removing permitting requirements for
greenhouse gases; create procedures for electronic public noticing of
permits in addition to newspaper noticing; and update formatting to
match the MBARD's current rule format. This action is being taken in
accordance with federal regulations and the Clean Air Act (CAA
[[Page 16622]]
or ``Act''). We are taking comments on these proposed revisions and
plan to follow with a final action.
DATES: Written comments must be received on or before May 4, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0596 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; telephone number: 415-947-4164,
email address: <a href="/cdn-cgi/l/email-protection#80e3e1f3f3e1f2aee3e1ede9ecece5c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="ee8d8f9d9d8f9cc08d8f838782828bae8b9e8fc0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Title V Program Background
II. Requirements for Approval of Revisions to Title V Programs
III. What are the State's proposed title V program revisions?
IV. EPA Evaluation of Title V Program Revision
V. Final Action
VI. Statutory and Executive Order Reviews
I. Title V Program 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 40 CFR part 70. The title V program requires certain
sources of air pollution to obtain federal operating permits from their
respective states or air districts. 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 program under Appendix A
of 40 CFR part 70. States may submit revisions to their approved
programs for EPA approval.
II. 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 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. Revision of a state program shall be accomplished as
follows:
(a) The state submits a modified program description, Attorney
General's statement (if necessary for expanded or additional
authority), or other documents as the EPA determines to be necessary.
40 CFR 70.4(i)(2)(i).
(b) After the EPA receives a proposed program revision, it will
publish a notice of the proposed change in the Federal Register and
provide for a public comment period of at least 30 days. 40 CFR
70.4(i)(2)(ii).
(c) The Administrator shall approve or disapprove program revisions
based on the requirements of 40 CFR part 70 and the Act. 40 CFR
70.4(i)(2)(iii).
(d) The EPA must publish a notice of approval in the Federal
Register for any substantial program revisions. 40 CFR 70.4(i)(2)(iv).
(e) Approval of nonsubstantial revisions may be given by a letter
from the Administrator to the Governor or a designee. 40 CFR
70.4(i)(2)(iv).
(f) A program revision shall become effective upon the approval of
the Administrator. 40 CFR 70.4(i)(2)(iv).
III. What are the State's proposed title V program revisions?
Table 1 lists the rule submitted as part of MBARD's title V program
revisions and the dates it was adopted by the District and submitted to
the EPA by the California Air Resources Board (CARB), which is the
governor's designee for California rule submittals.
Table 1--Submitted Rule
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Rule No. Rule title Amended date Submitted date
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218.................................... Title V: Federal Operating 8/21/2024 9/4/2024
Permits.
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The MBARD Title V Operating Permit Program is implemented through
its ``Title V: Federal Operating Permits'' rule, codified as MBARD Rule
218. On September 5, 2012, the EPA approved the MBARD Title V Operating
Permit Program, which became effective October 5, 2012. See 77 FR
54382. On September 4, 2024, MBARD submitted the revisions to Rule 218
for approval into the district's EPA-approved title V program. MBARD
made the following revisions to its Rule 218: removed emergency
affirmative defense provisions; removed permitting requirements for
greenhouse gases; allowed for electronic noticing in addition to
newspaper noticing; and updated the rule to match MBARD's current rule
format. A more detailed discussion of these revisions can be found in
the Technical Support Document (TSD) for this rule.
IV. EPA Evaluation of Title V Program Revision
The revisions to Rule 218 include removing emergency affirmative
defense provisions,\1\ removing permitting
[[Page 16623]]
requirements for greenhouse gases, updating public notice provisions to
include electronic noticing, and updating the rule to meet current
District rule formatting. Our TSD provides a detailed discussion of
each of these revisions and how they meet EPA requirements. The EPA
finds these revisions acceptable as a title V program revision and
consistent with part 70 provisions including 40 CFR 70.2 and 40 CFR
70.7(h)(1).
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\1\ On September 5, 2025, the Court of Appeals for the D.C.
Circuit issued a decision in SSM Litigation Group v. EPA rejecting
the legal bases for EPA's July 2023 final rule concerning
``emergency'' affirmative defense provisions in title V permits (88
FR 47029, July 21, 2023) and reversing that final rule. SSM
Litigation Group v. EPA, et al., 150 F.4th 593 (D.C. Cir. 2025),
reh'g denied. Because SSM Litigation Group does not prohibit states
from removing affirmative defense provisions from their title V
programs, we are proceeding with this proposal to remove these
provisions from MBARD's Title V Operating Permit Program consistent
with MBARD's request. For additional information, please see the TSD
in the docket for this action.
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V. Proposed Action
Pursuant to 40 CFR 70.4(i)(2), the EPA is proposing to approve the
revisions to the MBARD Title V Operating Permit Program submitted on
September 4, 2024, which removes emergency affirmative defense
provisions, allows for e-noticing, aligns the rule with current title V
requirements including removing requirements for greenhouse gases, and
updates the rule to match MBARD's rule format. The revisions meet the
requirements of section 502 of the CAA and 40 CFR 70.4 and 70.9. The
EPA is soliciting public comments on the revisions discussed in this
document.
VI. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve title V
operating permit program revisions that comply with the Act and
applicable federal regulations. See 42 U.S.C. 7661a(d). Thus, in
reviewing title V permit program submissions, the EPA's role is to
approve state choices, provided that they meet the criteria of the CAA.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because it is not a significant regulatory action
under Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA.
This rule does not have tribal implications as specified by
Executive Order 13175 (65 FR 67249, November 9, 2000), because the
Title V action is not approved to apply in Indian country located in
the State, and the EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Carbon monoxide, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and
recordkeeping requirements, Sulfur oxides, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: March 20, 2026.
Michael Martucci,
Acting Regional Administrator, Region IX.
[FR Doc. 2026-06443 Filed 4-1-26; 8:45 am]
BILLING CODE 6560-50-P
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