Monterey Bay Ditches Old Air Rules for Online Era
Published Date: 4/2/2026
Proposed Rule
Summary
The EPA wants to update Monterey Bay’s air permit rules to remove some old emergency defenses, stop requiring permits for greenhouse gases, and add online public notices alongside newspapers. These changes affect businesses and the public in the Monterey Bay area and aim to make the rules clearer and more modern. You’ve got until May 4, 2026, to share your thoughts before the EPA makes it official.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Removal of Emergency Permit Defenses
The Monterey Bay Air Resources District (MBARD) removed emergency affirmative defense provisions from its Rule 218, and the EPA proposed approval of that change on April 2, 2026. The D.C. Circuit decision in SSM Litigation Group v. EPA (issued September 5, 2025) is cited as not prohibiting states from removing these provisions.
Greenhouse Gas Permits Removed
MBARD's Rule 218 was revised to remove permitting requirements for greenhouse gases, as submitted to EPA on September 4, 2024, and EPA proposed to approve that revision on April 2, 2026. If you are a facility in the Monterey Bay area that emits greenhouse gases, you will no longer have Title V permitting requirements for those greenhouse gases under this Rule 218 revision.
Public Notices Now Allowed Online
MBARD updated Rule 218 to allow electronic public noticing of Title V permits in addition to newspaper notices, and EPA proposed approving that change on April 2, 2026. This means permit notices for the Monterey Bay area can be posted online as well as in newspapers.
No Significant Small-Business Impact
The EPA certified that this proposed approval of MBARD's Rule 218 revisions does not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act. That certification appears in the EPA's April 2, 2026 proposed rule notice.
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Key Dates
Department and Agencies
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