The proposed revisions to Rule 218 are primarily to address required changes by the U.S. Environmental Protection Agency (EPA). However, Rule 218 has not been updated since 2010 so additional revisions are proposed to address greenhouse gases and other administrative provisions. The proposed main revisions are the following:

• Remove the emergency affirmative defense provisions in 40 CFR 70.6(g) as required by EPA in light of the U.S. Court of Appeals for the D.C. Circuit, NRDC v. EPA, (749 F.3d 1055 (D.C Cir.2014).
• Add modernized public noticing options.
• Remove the threshold for greenhouse gases solely triggering a major source determination based on the U.S Supreme Court ruling in Utility Air Regulatory Group (UARG) v. EPA, (134 S. Ct. 2427 2014).

There is a 30-day period for public comments on the proposed rule revisions. Anyone wishing to comment can submit their comments via email to Amy Clymo at aclymo@mbard.org, attend the public meetings below, or in writing by August 2, 2024 to the following address:

Monterey Bay Air Resources District
Attn: Amy Clymo
24580 Silver Cloud Court
Monterey, CA 93940

Documents for Review

Public Comment Opportunities

Advisory Committee Meeting

August 1, 2024; 1:30 PM; Monterey Bay Air Resources District,
Board Room, 3rd Floor, 24580 Silver Cloud Court, Monterey

Zoom link for public access will be posted to MBARD’s website www.mbard.org, 72 hours before the meeting date.

Board of Directors Public Hearing to Adopt Revised Regulation

August 21, 2024; 1:30 PM; Monterey Bay Air Resources District,
Board Room, 3rd Floor, 24580 Silver Cloud Court, Monterey

Zoom link for public access will be posted to MBARD’s website www.mbard.org, 72 hours before the meeting date.

Link to Notice of Public Hearing