Clean Air Act Title V Operating Permit Program Revision – Monterey Bay Air Resources District (California)
AI-generated summary for informational purposes only. Not legal advice. See the original source for the authoritative text.
The U.S. Environmental Protection Agency (EPA) is proposing to approve updates to the Monterey Bay Air Resources District's (MBARD) Title V Operating Permits Program under the Clean Air Act. Title V requires major stationary sources of air pollution to obtain comprehensive operating permits that consolidate all applicable requirements into a single document. This proposed rule revises MBARD's local program to bring it into alignment with current federal standards. The key substantive changes include: removing emergency affirmative defense provisions that are no longer consistent with federal Clean Air Act interpretation; eliminating permitting requirements for greenhouse gases (GHGs) following federal court decisions that curtailed EPA's authority to require GHG permits under Title V; and introducing electronic public noticing procedures as an alternative to traditional newspaper publication for permit notices. Additionally, the rule updates formatting and structural language in MBARD's regulations to match the district's current rule drafting conventions. These are largely administrative and procedural changes that do not alter the substantive environmental protections applicable to permitted facilities. EPA is currently accepting public comments on the proposed revisions. A final rulemaking action will follow after the comment period closes. The action applies only to MBARD's Title V program and affects facilities within Monterey, San Benito, and Santa Cruz counties in California.
AI-generated summary. May contain errors. Refer to official sources for legal decisions.
Key Changes
- Removal of emergency affirmative defense provisions from MBARD's Title V program, consistent with EPA's post-2014 federal policy position
- Elimination of greenhouse gas (GHG) permitting requirements under Title V, reflecting federal court decisions limiting EPA's GHG permitting authority
- Introduction of electronic public noticing procedures for permit actions, available as an alternative to mandatory newspaper publication
+ 3 more changes with Pro
Obligations
What this law requires
Major stationary sources of air pollution must obtain comprehensive operating permits that consolidate all applicable requirements into a single document under Title V
Facilities must comply with all applicable Clean Air Act requirements incorporated into their Title V operating permits
MBARD must remove emergency affirmative defense provisions from permits that are no longer consistent with federal Clean Air Act interpretation
MBARD must eliminate permitting requirements for greenhouse gases (GHGs) from Title V operating permits in accordance with federal court decisions
MBARD must implement electronic public noticing procedures as an alternative to traditional newspaper publication for permit notices