Rule2025-08875
Air Plan Approval; California; Mojave Desert Air Quality Management District; Oxides of Nitrogen
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
May 19, 2025
Effective
June 18, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is taking final action to approve a revision to the Mojave Desert Air Quality Management District (MDAQMD) portion of the California State Implementation Plan (SIP). This revision concerns emissions of oxides of nitrogen (NO<INF>X</INF>) from industrial, institutional, and commercial boilers, steam generators, and process heaters. We are approving a local rule that regulates these emission sources under the Clean Air Act (CAA or "Act").
Full Text
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<title>Federal Register, Volume 90 Issue 95 (Monday, May 19, 2025)</title>
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[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Rules and Regulations]
[Pages 21236-21237]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08875]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0563; FRL-12442-02-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District; Oxides of Nitrogen
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve a revision to the Mojave Desert Air Quality
Management District (MDAQMD) portion of the California State
Implementation Plan (SIP). This revision concerns emissions of oxides
of nitrogen (NO<INF>X</INF>) from industrial, institutional, and
commercial boilers, steam generators, and process heaters. We are
approving a local rule that regulates these emission sources under the
Clean Air Act (CAA or ``Act'').
DATES: This rule is effective June 18, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2024-0563. 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; telephone number: (415) 972-
3245; email address: <a href="/cdn-cgi/l/email-protection#cbaebdaaa5b8a3a4bbbbaeb9e5a7aaa0aea5b2aa8baebbaae5aca4bd"><span class="__cf_email__" data-cfemail="3a5f4c5b544952554a4a5f4814565b515f54435b7a5f4a5b145d554c">[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 December 26, 2024 (89 FR 104944), the EPA proposed to approve
the following rule into the California SIP.
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Local agency Rule No. Rule title Amended Submitted
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MDAQMD................................ 1157 Boilers and Process 09/25/23 01/10/24
Heaters.
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We proposed to approve this rule because we determined that it
complies with the relevant CAA requirements. Our proposed action
contains more information on the rule and our evaluation.
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
No comments were submitted. Therefore, as authorized in section
110(k)(3) of the Act, the EPA is approving this rule into the
California SIP. The September 25, 2023 version of Rule 1157 will
replace the previously approved version of this rule in the SIP. This
approval resolves all deficiencies that served as the basis for our
June 16, 2023 (88 FR 39366) limited disapproval of the prior version of
Rule 1157. We find that submitted Rule 1157 fully satisfies the
relevant requirements of section 110 and part D of the Act and cures
the deficiencies identified in that document. This action also
permanently terminates all sanctions clocks and federal implementation
plan clocks triggered by our June 16, 2023 limited disapproval action.
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 Mojave
Desert Air Quality Management District, Rule 1157, ``Boilers and
Process Heaters,'' amended on September 25, 2023, which regulates
NO<INF>X</INF> and CO emissions from industrial, institutional, and
commercial boilers, steam
[[Page 21237]]
generators, and process heaters. The EPA has made, and will continue to
make, these documents available through <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
at the EPA Region IX Office (please 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 CAA, 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 CAA. 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 Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<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 CAA.
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).
This action is subject to the Congressional Review Act (CRA), 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 CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by July 18, 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, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Nitrogen
oxides, Ozone, Particulate matter, Reporting and recordkeeping
requirements.
Dated: April 25, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency 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)(518)(i)(A)(11)
and (c)(626) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(518) * * *
(i) * * *
(A) * * *
(11) Previously approved on June 16, 2023, in paragraph
(c)(518)(i)(A)(10) of this section and now deleted with replacement in
(c)(626)(i)(A)(1): Rule 1157, ``Boilers and Process Heaters,'' amended
on January 22, 2018.
* * * * *
(626) The following regulations were submitted electronically on
January 10, 2024, by the Governor's designee as an attachment to a
letter dated December 27, 2023.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1157, ``Boilers and Process Heaters,'' amended on
September 25, 2023.
(2) [Reserved]
(B) [Reserved]
(ii) [Reserved]
[FR Doc. 2025-08875 Filed 5-16-25; 8:45 am]
BILLING CODE 6560-50-P
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