Proposed Rule2025-12867
Air Plan Approval; California; Mojave Desert Air Quality Management District; Definition of Terms
Primary source
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Published
July 10, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve revisions to the Mojave Desert Air Quality Management District (MDAQMD or "the District") portion of the California State Implementation Plan (SIP). These revisions concern definitions that are necessary to implement and enforce local rules that regulate air pollution. We are proposing to approve a definitions rule under the Clean Air Act (CAA or the "Act"). We are also proposing to approve the rescission of earlier versions of this rule from the California SIP as they are no longer needed to under the CAA. We are taking comments on this proposal and plan to follow with a final action.
Full Text
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<title>Federal Register, Volume 90 Issue 130 (Thursday, July 10, 2025)</title>
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[Federal Register Volume 90, Number 130 (Thursday, July 10, 2025)]
[Proposed Rules]
[Pages 30611-30613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12867]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0858; FRL-10563-01-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District; Definition of Terms
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve revisions to the Mojave Desert Air Quality Management District
(MDAQMD or ``the District'') portion of the California State
Implementation Plan (SIP). These revisions concern definitions that are
necessary to implement and enforce local rules that regulate air
pollution. We are proposing to approve a definitions rule under the
Clean Air Act (CAA or the ``Act''). We are also proposing to approve
the rescission of earlier versions of this rule from the California SIP
as they are no longer needed to under the CAA. We are taking comments
on this proposal and plan to follow with a final action.
DATES: Comments must be received on or before August 11, 2025.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2022-0858 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For comments submitted at
<a href="http://regulations.gov">regulations.gov</a>, follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e., on the web, cloud, or other file sharing system). For
additional submission methods, please contact the person identified in
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public
comment policy, information about CBI or multimedia submissions, and
general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>. If you need assistance in a
language other than English or if you are a person with disabilities
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: Arnold Lazarus, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105, telephone number: (415) 972-
3024, email address: <a href="/cdn-cgi/l/email-protection#79151803180b0c0a57180b1716151d391c0918571e160f"><span class="__cf_email__" data-cfemail="78141902190a0d0b56190a1617141c381d0819561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. The State's Submittal
A. What rule did the State submit?
B. Are there other versions of this rule?
C. What is the purpose of the submitted rule revision and
rescissions?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule and rescissions?
B. Do the rule and rescissions meet the evaluation criteria?
C. Public comment and proposed action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. The State's Submittal
A. What rule did the State submit?
Table 1 lists the rule addressed by this proposal with the dates
that it was adopted by the local air agency and submitted by the
California Air Resources Board (CARB) to the EPA. Table 2 lists the
existing SIP-approved rules that the EPA is proposing to rescind with
this action because they have been superseded.
Table 1--Submitted Rule
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Local agency Rule # Rule title Amended Submitted
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MDAQMD................................ 102 Definition of Terms..... 9/28/2020 3/12/2021
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Table 2--Rules for Which Rescission From the SIP is Requested
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Submitted Federal Register
Rule to rescind Adopted to the EPA citation Superseded by
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San Bernardino County Air 7/5/1977............ 11/4/1977 43 FR 59489; SBCAPCD Rule 102 at
Pollution Control District December 21, 1978. 40 CFR
(SBCAPCD) Rule 102--Definitions. 52.220(c)(179)(i)(B
)(1).
Riverside County Air Pollution Not available....... 11/4/1977 43 FR 59489, South Coast AQMD
Control District (RCAPCD) Rule December 21, 1978. Rule 102 at 40 CFR
102--Definitions. 52.220(c)(44)(v)(A)
.
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[[Page 30612]]
On September 12, 2021, the submittal for MDAQMD Rule 102 was deemed
by operation of law to be complete. The submittal meets the
completeness criteria in 40 CFR part 51, appendix V.
B. Are there other versions of this rule?
We approved the prior version of MDAQMD Rule 102 into the SIP on
November 12, 2020 (85 FR 71846). The prior version of MDAQMD Rule 102
was amended on January 28, 2019, and CARB submitted it to us on August
19, 2019. If approved, the current version of MDAQMD Rule 102 would
replace the prior SIP-approved version of the rule. In addition, there
are other outdated versions of Rule 102 (as listed in table 2) that
apply within the MDAQMD that we are proposing to remove from the MDAQMD
portion of the SIP because they have been superseded.
C. What is the purpose of the submitted rule revision and rescissions?
Section 110(a) of the CAA requires states to submit regulations
that control emissions of various air pollutants such as volatile
organic compounds, oxides of nitrogen, and particulate matter. MDAQMD
Rule 102 contains definitions that are necessary to implement and
enforce rules that regulate air pollution within the MDAQMD. MDAQMD
made numerous clarifying revisions to Rule 102 that will improve
implementation of its air program. The purpose of the requested rule
rescissions is to eliminate any legal confusion regarding the
applicability of rules in the MDAQMD that have been superseded but that
remain in the SIP. Our technical support document (TSD) evaluates the
revisions to Rule 102 and the requested rescissions.
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rule and rescissions?
Rules in the SIP must be enforceable (see CAA section 110(a)(2)),
must not interfere with applicable requirements concerning attainment
and reasonable further progress or other CAA requirements (see CAA
section 110(l)), and must not modify certain SIP control requirements
in nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
Guidance and policy documents that we used to evaluate
enforceability, relaxation, and rule stringency requirements for the
applicable criteria pollutants include the following:
1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the CAA Amendments of 1990,'' 57 FR 13498
(April 16, 1992); 57 FR 18070 (April 28, 1992).
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (``the Little
Bluebook'').
B. Do the rule and rescissions meet the evaluation criteria?
Based on our review, MDAQMD Rule 102 and the rescission of SBCAPCD
Rule 102 and RCAPCD Rule 102 meet applicable CAA requirements and are
consistent with relevant guidance regarding enforceability and SIP
revisions. The TSD has more information on our evaluation.
C. Public comment and proposed action
As authorized in section 110(k)(3) of the Act, the EPA proposes to
approve the submitted rule in table 1 because it fulfills all relevant
requirements. If approved, the rule in table 1 would replace the
current version of the rule in the SIP. Additionally, as authorized in
section 110(k)(3) of the Act, the EPA proposes to approve the
rescission of the rules in table 2 from the MDAQMD portion of the
California SIP because they are no longer needed to meet any CAA
requirement and because rescission would not interfere with reasonable
further progress or attainment of any of the NAAQS. We will accept
comments from the public on this proposal until August 11, 2025. If we
finalize approval, we will incorporate the rule and rescissions into
the federally enforceable SIP.
III. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference MDAQMD Rule 102, ``Definition of Terms,''
amended on September 28, 2020, that states the definitions of terms
used in MDAQMD rules. The EPA is also proposing to remove SBCAPCD Rule
102 and RCAPCD Rule 102 as described in table 2 of this preamble from
the California SIP, which are incorporated by reference in accordance
with the requirements of 1 CFR part 51. The EPA has made, and will
continue to make, these materials 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).
IV. 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
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed 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);
<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 (Public Law 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 proposes to approve 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
[[Page 30613]]
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 30, 2025.
Joshua F.W. Cook,
Regional Administrator, Region IX.
[FR Doc. 2025-12867 Filed 7-9-25; 8:45 am]
BILLING CODE 6560-50-P
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