Air Plan Approval; California; San Joaquin Valley Air Pollution Control District
Published Date: 7/30/2026
Rule
Summary
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the San Joaquin Valley Air Pollution Control District (SJVAPCD or "District") portion of the California State Implementation Plan (SIP) concerning two rules submitted to address section 185 of the Clean Air Act (CAA or the "Act") with respect to the 2008 and 2015 8-hour ozone National Ambient Air Quality Standards (NAAQS or "standards").
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Federal/Citizen Enforcement and EPA Collection Power
Once Rules 3172 and 3173 are approved into the SIP, the fee-payment requirement (paragraph 5.1.2: each agency or person "shall remit" assessed fees) is enforceable by the EPA and by private citizens, and the EPA has authority under CAA section 185(d) to collect unpaid fees if the State fails to administer the program. The rules also provide for late-payment penalties and possible suspension of a facility's permit to operate for nonpayment.
SJVAPCD Ozone Fee Rules Federally Approved
SJVAPCD Rules 3172 and 3173 (Federally Mandated Ozone Nonattainment Fees for the 2008 and 2015 8-hour ozone standards) were approved into the California SIP and become federally enforceable effective August 31, 2026. If you are an agency or person required to remit the assessed fees, those obligations are now part of the SIP.
Redesignation Stops New Fees, Not Past Debt
The EPA interprets the rules to mean that when the San Joaquin Valley is redesignated to attainment, the fees established by the rules stop accruing prospectively but do not excuse payment of fees already assessed or owed for prior years. The District also confirmed it interprets section 2.4 the same way.
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