Rule2024-27627
Air Plan Approval; California; Mojave Desert Air Quality Management District
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 4, 2024
Effective
January 3, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD or "District") portion of the California State Implementation Plan (SIP). These revisions concern recodification of prohibitory and administrative rules used by the District to regulate air pollutants under the Clean Air Act (CAA or the Act) including volatile organic compounds (VOCs), oxides of nitrogen (NO<INF>X</INF>) and particulate matter (PM). The intended effect is to update the California SIP to reflect the recodified rules.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 233 (Wednesday, December 4, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96103-96106]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27627]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0209; FRL-11948-02-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve revisions to the Mojave Desert Air Quality Management
District (MDAQMD or ``District'') portion of the California State
Implementation Plan (SIP). These revisions concern recodification of
prohibitory and administrative rules used by the District to regulate
air pollutants under the Clean Air Act (CAA or the Act) including
volatile organic compounds (VOCs), oxides of nitrogen (NO<INF>X</INF>)
and particulate matter (PM). The intended effect is to update the
California SIP to reflect the recodified rules.
DATES: These rules are effective January 3, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0209. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or please
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information. If you need assistance
in a language other than English or if you are a person with a
disability 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: La Kenya Evans-Hopper, EPA Region IX,
75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245;
email: <a href="/cdn-cgi/l/email-protection#f693809798859e9986869384d89a979d93988f97b6938697d8919980"><span class="__cf_email__" data-cfemail="224754434c514a4d525247500c4e4349474c5b43624752430c454d54">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 16, 2024 (89 FR 57819), under CAA section 110(k)(3), the
EPA proposed to approve certain MDAQMD rules because they represent
recodifications of existing SIP rules. The EPA also proposed to approve
certain rescissions of existing SIP rules for the Riverside County
portion of the MDAQMD SIP because they mirror recodified rules that
were proposed for approval.\1\
---------------------------------------------------------------------------
\1\ The MDAQMD's jurisdiction includes the desert portion of San
Bernardino County and the far eastern portion of Riverside County.
---------------------------------------------------------------------------
In our proposed rule, we described the complicated regulatory
history of the MDAQMD from the early 1970's to the present time. The
applicable SIP for the area the District now regulates consists of a
mixture of rules from current and former agencies. Rules adopted by
MDAQMD apply District-wide; rules adopted by the San Bernardino County
Air Pollution Control District (SBCAPCD) apply only in the San
Bernardino County portion of the District; and rules adopted by the
Riverside County APCD (RCAPCD), the Southern California APCD
(SoCalAPCD), or the South Coast Air Quality Management District
(SCAQMD) only apply in the Riverside County portion of the District.
The purpose of the SIP revisions that are the subject of this action is
to align the SIP versions of the rules with those that are in effect in
the MDAQMD.
Table 1 lists the MDAQMD rules that were submitted for inclusion in
the SIP with the date each rule was adopted and then submitted by the
California Air Resources Board (CARB).\2\ When these rules were
submitted, CARB also requested rescission of the analogous rules in the
SIP that were adopted by SCAQMD.\3\ Table 2 lists the rules to be
rescinded by this action with the dates that they were adopted by
SCAQMD, approved by the EPA (with the associated Federal Register
citations), subsequently rescinded by MDAQMD, and then submitted by
CARB for rescission.
---------------------------------------------------------------------------
\2\ The SBCAPCD rules have adoption dates prior to the formation
of the MDAQMD because the rules were not revised or amended when the
MDAQMD was formed and first adopted its rulebook. The rules were
merely recodified as being MDAQMD rules that apply District-wide.
\3\ The versions of Rules 104, 408, 443, 468, 469 and 472 that
are currently part of the applicable SIP for the Riverside County
portion of the MDAQMD were adopted by the SoCalAPCD, rather than the
SCAQMD.
[[Page 96104]]
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adopted/amended/
Local agency Rule No. Rule title revised date Submittal date
----------------------------------------------------------------------------------------------------------------
MDAQMD...................... 104 Reporting of Source December 19, 1988.. October 13, 2023.
Test Data and
Analyses.
MDAQMD...................... 404 Particulate Matter-- July 25, 1977...... May 11, 2023.
Concentration.
MDAQMD...................... 405 Solid Particulate July 25, 1977...... May 11, 2023.
Matter--Weight.
MDAQMD...................... 407 Liquid and Gaseous July 25, 1977...... September 23, 2022.
Air Contaminants.
MDAQMD...................... 408 Circumvention...... July 25, 1977...... May 11, 2023.
MDAQMD...................... 409 Combustion July 25, 1977...... May 11, 2023.
Contaminants.
MDAQMD...................... 443 Labeling of July 25, 1977...... May 11, 2023.
Solvents.
MDAQMD...................... 468 Sulfur Recovery July 25, 1977...... November 30, 2022.
Units.
MDAQMD...................... 469 Sulfuric Acid Units July 25, 1977...... November 30, 2022.
MDAQMD...................... 472 Reduction of Animal July 25, 1977...... May 11, 2023.
Matter.
----------------------------------------------------------------------------------------------------------------
Table 2--Submitted Rule Rescissions
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adopted/amended/ SIP approval date Date of rescission
Local agency Title revised date and FR citation by MDAQMD Submittal date
--------------------------------------------------------------------------------------------------------------------------------------------------------
SCAQMD Rule 104................... Reporting of Source January 9, 1976..... June 14, 1978, 43 FR April 24, 2023...... October 13, 2023.
Test Data and 25684.
Analyses.
SCAQMD Rule 408................... Circumvention........ May 7, 1976......... June 14, 1978, 43 FR April 25, 2022...... May 11, 2023.
25684.
SCAQMD Rule 443................... Labeling of Solvents. January 1, 1977..... June 14, 1978, 43 FR October 24, 2022.... May 11, 2023.
25684.
SCAQMD Rule 468................... Sulfur Recovery Units October 8, 1976..... June 14, 1978, 43 FR August 22, 2022..... November 30, 2022.
25684.
SCAQMD Rule 469................... Sulfuric Acid Units.. October 8, 1976..... June 14, 1978, 43 FR August 22, 2022..... November 30, 2022.
25684.
SCAQMD Rule 472................... Reduction of Animal May 7, 1976......... June 14, 1978, 43 FR August 22, 2022..... May 11, 2023.
Matter. 25684.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3 lists the previously-approved rules that had been adopted
by the SBCAPCD along with their local adoption dates and EPA approval
citations. Upon final approval of the MDAQMD rules listed in table 1,
the SCBAPCD rules in table 3 will be superseded in the applicable SIP
by the corresponding MDAQMD rules.
Table 3--SIP Rules To Be Superseded Upon Approval of Rules Listed in Table 1
----------------------------------------------------------------------------------------------------------------
Adopted/ amended/ SIP approval date and
Local agency Rule No. Rule title revised date FR citation
----------------------------------------------------------------------------------------------------------------
SBCAPCD........................ 104 Reporting of Source December 19, 1988.... November 27, 1990, 55
Test Data and FR 49281.
Analyses.
SBCAPCD........................ 404 Particulate Matter-- July 25, 1977........ December 21, 1978, 43
Concentration. FR 59489.
SBCAPCD........................ 405 Solid Particulate July 25, 1977........ December 21, 1978, 43
Matter--Weight. FR 59489.
SBCAPCD........................ 407 Liquid and Gaseous Air February 1, 1977..... September 8, 1978, 43
Contaminants. FR 40011.
SBCAPCD........................ 408 Circumvention......... February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD........................ 409 Combustion February 1, 1977..... September 8, 1978, 43
Contaminants. FR 40011.
SBCAPCD........................ 443 Labeling of Solvents.. February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD........................ 468 Sulfur Recovery Units. February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD........................ 469 Sulfuric Acid Units... February 1, 1977..... September 8, 1978, 43
FR 40011.
SBCAPCD........................ 472 Reduction of Animal February 1, 1977..... September 8, 1978, 43
Matter. FR 40011.
----------------------------------------------------------------------------------------------------------------
As explained in the proposed rule, we reviewed these particular
submitted MDAQMD rules as recodifications of existing rules and did not
review the substance of the rules at this time.\4\ The EPA proposed to
approve the rules in table 1 to replace identical rules in table 3 that
were previously-approved by the EPA but that only apply to a geographic
subset of the District. For additional information about our proposed
action and rationale, please see our proposed rule.
---------------------------------------------------------------------------
\4\ We followed the guidance from the EPA memorandum dated
February 12, 1990, from Johnnie L. Pearson, Chief, Regional
Activities Section, EPA Office of Air Quality Planning and Standards
to Chief, Air Branch, Regions I-X, ``Review of State Regulation
Recodifications.''
---------------------------------------------------------------------------
II. Public Comments and EPA Responses
The EPA's proposed action provided a 30-day public comment period.
During this period, we received no comments.
III. EPA Action
Under CAA section 110(k)(3), and for the reasons given in the
proposed rule and summarized herein, the EPA is taking final action to
approve the submitted rules in table 1 because they represent
recodifications of existing SIP rules. The rules in table 1 will
supersede the rules in table 3. The EPA is also taking final action to
approve the rescissions listed in table 2 because they mirror
recodified rules that we are approving. Our final action incorporates
the submitted rules into the SIP and removes from the applicable SIP
the rules that have been rescinded or superseded.
IV. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference of the
MDAQMD rules listed in table 1 of this preamble, which includes certain
administrative and prohibitory rules that control emissions of VOCs,
NO<INF>X</INF>, and PM. The EPA has made, and will continue to make,
these documents available through <a href="http://www.regulations.gov">www.regulations.gov</a> and at the EPA
Region IX Office (please
[[Page 96105]]
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section of this preamble for more information).
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve State
choices, provided that they meet the criteria of the Clean Air Act.
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:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> 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.);
<bullet> 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);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a State program;
<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> 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 Clean Air Act.
In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have Tribal implications and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).
Executive Order 12898 (Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations, 59 FR 7629,
February 16, 1994) directs Federal agencies to identify and address
``disproportionately high and adverse human health or environmental
effects'' of their actions on communities with environmental justice
(EJ) concerns to the greatest extent practicable and permitted by law.
The EPA defines EJ as ``the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or income
with respect to the development, implementation, and enforcement of
environmental laws, regulations, and policies.'' The EPA further
defines the term fair treatment to mean that ``no group of people
should bear a disproportionate burden of environmental harms and risks,
including those resulting from the negative environmental consequences
of industrial, governmental, and commercial operations or programs and
policies.''
The air agency did not evaluate environmental justice
considerations as part of its SIP submittal; the CAA and applicable
implementing regulations neither prohibit nor require such an
evaluation. The EPA did not perform an EJ analysis and did not consider
EJ in this action. Consideration of EJ is not required as part of this
action, and there is no information in the record inconsistent with the
stated goal of E.O. 12898 of achieving EJ for communities with EJ
concerns.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by February 3, 2025. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.
Dated: November 19, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the EPA amends part 52,
chapter I, title 40 of the Code of Federal Regulations as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(31)(vi)(J),
(c)(32)(iv)(H) through (J), (c)(37)(i)(E) and (F), (c)(39)(ii)(M)
through (S), (c)(42)(xiii)(E) and (F), (c)(179)(i)(B)(4),
(c)(610)(i)(D), and (c)(620) through (622) to read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(31) * * *
(vi) * * *
(J) Previously approved on June 14, 1978, in paragraph
(c)(31)(vi)(B) of this section and now deleted with replacement in
paragraph (c)(622)(i)(A)(1) of this section for implementation in the
Mojave Desert Air Quality Management District: Rule 104.
* * * * *
(32) * * *
(iv) * * *
(H) Previously approved on June 14, 1978, in paragraph
(c)(32)(iv)(A) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(3) of this section for implementation in the
Mojave Desert Air Quality Management District: Rule 408.
(I) Previously approved on June 14, 1978, in paragraph
(c)(32)(iv)(A) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(5) of this section for implementation in the
Mojave Desert Air Quality Management District: Rule 443.
(J) Previously approved on June 14, 1978, in paragraph
(c)(32)(iv)(A) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(6) of this section for implementation in the
Mojave Desert
[[Page 96106]]
Air Quality Management District: Rule 472.
* * * * *
(37) * * *
(i) * * *
(E) Previously approved on June 14, 1978, in paragraph
(c)(37)(i)(A) of this section and now deleted with replacement in
paragraph (c)(621)(i)(A)(1) of this section for implementation in the
Mojave Desert Air Quality Management District: Rule 468.
(F) Previously approved on June 14, 1978, in paragraph
(c)(37)(i)(A) of this section and now deleted with replacement in
paragraph (c)(621)(i)(A)(2) of this section for implementation in the
Mojave Desert Air Quality Management District: Rule 469.
* * * * *
(39) * * *
(ii) * * *
(M) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(620)(i)(A)(1) of this section: Rule 407.
(N) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(3) of this section: Rule 408.
(O) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(4) of this section: Rule 409.
(P) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(5) of this section: Rule 443.
(Q) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(621)(i)(A)(1) of this section: Rule 468.
(R) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(621)(i)(A)(2) of this section: Rule 469.
(S) Previously approved on September 8, 1978, in paragraph
(c)(39)(ii)(C) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(6) of this section: Rule 472.
* * * * *
(42) * * *
(xiii) * * *
(E) Previously approved on December 21, 1978, in paragraph
(c)(42)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(1) of this section: Rule 404.
(F) Previously approved on December 21, 1978, in paragraph
(c)(42)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(2) of this section: Rule 405.
* * * * *
(179) * * *
(i) * * *
(B) * * *
(4) Previously approved on November 27, 1990, in paragraph
(c)(179)(i)(B)(1) of this section and now deleted with replacement in
paragraph (c)(622)(i)(A)(1) of this section: Rule 104, amended on
December 19, 1988.
* * * * *
(610) * * *
(i) * * *
(D) Mojave Desert Air Quality Management District.
(1) Rule 404, ``Particulate Matter--Concentration,'' readopted on
July 25, 1977.
(2) Rule 405, ``Solid Particulate Matter--Weight,'' readopted on
July 25, 1977.
(3) Rule 408, ``Circumvention,'' readopted on July 25, 1977.
(4) Rule 409, ``Combustion Contaminants,'' readopted on July 25,
1977.
(5) Rule 443, ``Labeling of Solvents,'' readopted on July 25, 1977.
(6) Rule 472, ``Reduction of Animal Matter,'' readopted on July 25,
1977.
* * * * *
(620) The following regulations were submitted on September 23,
2022, by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 407, ``Liquid and Gaseous Air Contaminants,'' readopted on
July 25, 1977.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
(621) The following regulations were submitted electronically on
November 30, 2022, by the Governor's designee as an attachment to a
letter dated November 22, 2022.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 468, ``Sulfur Recovery Units,'' readopted on July 25,
1977.
(2) Rule 469, ``Sulfur Acid Units,'' readopted on July 25, 1977.
(B) [Reserved]
(ii) [Reserved]
(622) The following regulations were submitted on October 13, 2023,
by the Governor's designee.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 104, ``Reporting of Source Test Data and Analyses,''
amended on December 19, 1988.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
* * * * *
[FR Doc. 2024-27627 Filed 12-3-24; 8:45 am]
BILLING CODE 6560-50-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.