Clean Air Act Operating Permit Program Revision; California; Monterey Bay Air Resources District

Legal Status This site displays a prototype of a “Web 2.0” version of the daily
Federal Register. It is not an official legal edition of the Federal
Register, and does not replace the official print version or the official
electronic version on GPO’s govinfo.gov.

The documents posted on this site are XML renditions of published Federal
Register documents. Each document posted on the site includes a link to the
corresponding official PDF file on govinfo.gov. This prototype edition of the
daily Federal Register on FederalRegister.gov will remain an unofficial
informational resource until the Administrative Committee of the Federal
Register (ACFR) issues a regulation granting it official legal status.
For complete information about, and access to, our official publications
and services, go to About the Federal Register on NARA's archives.gov.

The OFR/GPO partnership is committed to presenting accurate and reliable
regulatory information on FederalRegister.gov with the objective of
establishing the XML-based Federal Register as an ACFR-sanctioned
publication in the future. While every effort has been made to ensure that
the material on FederalRegister.gov is accurately displayed, consistent with
the official SGML-based PDF version on govinfo.gov, those relying on it for
legal research should verify their results against an official edition of
the Federal Register. Until the ACFR grants it official status, the XML
rendition of the daily Federal Register on FederalRegister.gov does not
provide legal notice to the public or judicial notice to the courts.

Legal Status

Proposed Rule

Clean Air Act Operating Permit Program Revision; California; Monterey Bay Air Resources District

A Proposed Rule by the Environmental Protection Agency on 04/02/2026

• 1.

1.
This document has a comment period that ends in 32 days.
(05/04/2026) View Comment Instructions

Thank you for taking the time to create a comment. Your input is important.

Once you have filled in the required fields below you can preview and/or submit your comment to the Environmental Protection Agency for review. All comments are considered public and will be posted online once the Environmental Protection Agency has reviewed them.

You can view alternative ways to comment or you may also comment via Regulations.gov at /documents/2026/04/02/2026-06443/clean-air-act-operating-permit-program-revision-california-monterey-bay-air-resources-district.

It appears that you have attempted to comment on this document before
so we've restored your progress.
Start over.
1.
2. Comment * What is your comment about? Upload File(s) Note: You can attach your comment as a file and/or attach supporting
documents to your comment. Attachment Requirements.

Email this will NOT be posted on regulations.gov

Opt to receive email confirmation of submission and tracking number? Tell us about yourself! I am... * An Individual An Organization Anonymous First Name * Last Name * City Region State Alabama Alaska American Samoa Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington West Virginia Wisconsin Wyoming Zip Country Afghanistan Åland Islands Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia, Plurinational State of Bonaire, Sint Eustatius and Saba Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory Brunei Darussalam Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Cayman Islands Central African Republic Chad Chile China Christmas Island Cocos (Keeling) Islands Colombia Comoros Congo Congo, the Democratic Republic of the Cook Islands Costa Rica Côte d'Ivoire Croatia Cuba Curaçao Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands (Malvinas) Faroe Islands Fiji Finland France French Guiana French Polynesia French Southern Territories Gabon Gambia Georgia Germany Ghana Gibraltar Greece Greenland Grenada Guadeloupe Guam Guatemala Guernsey Guinea Guinea-Bissau Guyana Haiti Heard Island and McDonald Islands Holy See (Vatican City State) Honduras Hong Kong Hungary Iceland India Indonesia Iran, Islamic Republic of Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kiribati Korea, Democratic People's Republic of Korea, Republic of Kuwait Kyrgyzstan Lao People's Democratic Republic Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Macao Macedonia, the Former Yugoslav Republic of Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Martinique Mauritania Mauritius Mayotte Mexico Micronesia, Federated States of Moldova, Republic of Monaco Mongolia Montenegro Montserrat Morocco Mozambique Myanmar Namibia Nauru Nepal Netherlands New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island Northern Mariana Islands Norway Oman Pakistan Palau Palestine, State of Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Poland Portugal Puerto Rico Qatar Réunion Romania Russian Federation Rwanda Saint Barthélemy Saint Helena, Ascension and Tristan da Cunha Saint Kitts and Nevis Saint Lucia Saint Martin (French part) Saint Pierre and Miquelon Saint Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Sint Maarten (Dutch part) Slovakia Slovenia Solomon Islands Somalia South Africa South Georgia and the South Sandwich Islands South Sudan Spain Sri Lanka Sudan Suriname Svalbard and Jan Mayen Swaziland Sweden Switzerland Syrian Arab Republic Taiwan, Province of China Tajikistan Tanzania, United Republic of Thailand Timor-Leste Togo Tokelau Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States United States Minor Outlying Islands Uruguay Uzbekistan Vanuatu Venezuela, Bolivarian Republic of Viet Nam Virgin Islands, British Virgin Islands, U.S. Wallis and Futuna Western Sahara Yemen Zambia Zimbabwe Phone Organization Type * Company Organization Federal State Local Tribal Regional Foreign U.S. House of Representatives U.S. Senate Organization Name * You are filing a document into an official docket. Any personal
information included in your comment text and/or uploaded
attachment(s) may be publicly viewable on the web. I read and understand the statement above.

2. Preview Comment Please review the Regulations.gov privacy notice and user notice.
3. Document Details Published Content - Document Details Agency Environmental Protection Agency Agency/Docket Numbers EPA-R09-OAR-2024-0596 FRL-12507-03-R9 CFR 40 CFR 70 Document Citation 91 FR 16621 Document Number 2026-06443 Document Type Proposed Rule Pages 16621-16623 (3 pages) Publication Date 04/02/2026 Published Content - Document Details

• PDF Official Content
  • View printed version (PDF) Official Content
• Document Details Published Content - Document Details Agency Environmental Protection Agency Agency/Docket Numbers EPA-R09-OAR-2024-0596 FRL-12507-03-R9 CFR 40 CFR 70 Document Citation 91 FR 16621 Document Number 2026-06443 Document Type Proposed Rule Pages 16621-16623 (3 pages) Publication Date 04/02/2026 Published Content - Document Details
• Document Dates Published Content - Document Dates Comments Close 05/04/2026 Dates Text Written comments must be received on or before May 4, 2026. Published Content - Document Dates

• Table of Contents Enhanced Content - Table of Contents This table of contents is a navigational tool, processed from the
  headings within the legal text of Federal Register documents.
  This repetition of headings to form internal navigation links
  has no substantive legal effect.

  • AGENCY:
  • ACTION:
  • SUMMARY:
  • DATES:
  • ADDRESSES:
  • FOR FURTHER INFORMATION CONTACT:
  • SUPPLEMENTARY INFORMATION:
  • 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. Proposed Action
  • VI. Statutory and Executive Order Reviews
  • A. General Requirements
  • List of Subjects in 40 CFR Part 70
  • Footnotes Enhanced Content - Table of Contents

• Public Comments Enhanced Content - Public Comments Comments are being accepted - View Comment Instructions.

Enhanced Content - Public Comments
- Regulations.gov Data Enhanced Content - Regulations.gov Data Additional information is not currently available for this document.

Enhanced Content - Regulations.gov Data

- Sharing Enhanced Content - Sharing Shorter Document URL https://www.federalregister.gov/d/2026-06443 Email Email this document to a friend Enhanced Content - Sharing

• Print Enhanced Content - Print
  • Print this document Enhanced Content - Print
• Other Formats Enhanced Content - Other Formats This document is also available in the following formats:

JSON Normalized attributes and metadata XML Original full text XML MODS Government Publishing Office metadata More information and documentation can be found in our developer tools pages.

Enhanced Content - Other Formats
- Public Inspection Public Inspection This PDF is FR Doc. 2026-06443 as it appeared on Public Inspection on
04/01/2026 at 8:45 am.

It was viewed
10
times while on Public Inspection.

If you are using public inspection listings for legal research, you
should verify the contents of the documents against a final, official
edition of the Federal Register. Only official editions of the
Federal Register provide legal notice of publication to the public and judicial notice
to the courts under 44 U.S.C. 1503 & 1507. Learn more here.

Public Inspection
Published Document: 2026-06443 (91 FR 16621) This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Document Headings Document headings vary by document type but may contain
the following:

1. the agency or agencies that issued and signed a document
2. the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to
3. the agency docket number / agency internal file number
4. the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details.

Environmental Protection Agency

1. 40 CFR Part 70
2. [EPA-R09-OAR-2024-0596; FRL-12507-03-R9]

AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Proposed rule.

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 ( printed 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 https://www.regulations.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 https://www.epa.gov/​dockets/​commenting-epa-dockets. 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: cassar.camille@epa.gov.

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.

Rule No.	Rule title	Amended date	Submitted date
218	Title V: Federal Operating Permits	8/21/2024	9/4/2024

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 ( printed 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).

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:

• 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);
• 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;
• Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
• 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.);
• 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);
• Does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);
• Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); and
• 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.

Footnotes

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](https://www.federalregister.gov/citation/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.

Back to Citation [FR Doc. 2026-06443 Filed 4-1-26; 8:45 am]

BILLING CODE 6560-50-P

Published Document: 2026-06443 (91 FR 16621)