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Proposed Rule2025-17528

Air Plan Approval; California; Mojave Desert Air Quality Management District; Replacing Outdated Requirements

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Published

September 11, 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 "District") portion of the California State Implementation Plan (SIP). These revisions concern amended or rescinded prohibitory and administrative rules that regulate air pollutants under the Clean Air Act (CAA or "Act"). We are proposing to rescind numerous requirements from the District's portion of the California SIP because the requirements can be replaced by more current requirements. 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 174 (Thursday, September 11, 2025)</title>
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[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Proposed Rules]
[Pages 43971-43980]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17528]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0210; FRL-11949-01-R9]

Air Plan Approval; California; Mojave Desert Air Quality
Management District; Replacing Outdated Requirements

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 ``District'') portion of the California State Implementation
Plan (SIP). These revisions concern amended or rescinded prohibitory
and administrative rules that regulate air pollutants under the Clean
Air Act (CAA or ``Act''). We are proposing to rescind numerous
requirements from the District's portion of the California SIP because
the requirements can be replaced by more current requirements. We are
taking comments on this proposal and plan to follow with a final
action.

DATES: Comments must be received on or before October 14, 2025.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2024-0210 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
<a href="http://Regulations.gov">Regulations.gov</a>. 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

[[Page 43972]]

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: 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#7b1e0d1a150813140b0b1e0955171a101e15021a3b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="5e3b283f302d36312e2e3b2c70323f353b30273f1e3b2e3f70393128">[email&#160;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 is the background for this proposed action?
B. Which rules has the MDAQMD amended or rescinded?
C. Are there other versions of the rules?
D. What is the purpose of the rules?
II. The EPA's Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules 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 is the background for this proposed action?

Under the CAA, the EPA has established National Ambient Air Quality
Standards (NAAQS) for certain pervasive air pollutants, including,
among others, ozone and particulate matter (PM). Under CAA section
110(a), states are required to adopt and submit SIPs to implement,
maintain, and enforce the NAAQS. Under CAA section 107(d), the EPA has
designated all areas of the country as attainment, nonattainment, or
unclassifiable for the NAAQS. Areas designated as nonattainment must
adopt and submit SIP revisions that, among other things, provide for
attainment of the NAAQS by the applicable attainment date.
The MDAQMD regulates stationary sources of air pollution within
California's ``Mojave Desert Air Basin,'' which lies within the
previously designated ``Southeast Desert Air Basin.'' \1\ The MDAQMD's
jurisdiction includes the desert portion of San Bernardino County and
the far eastern portion of Riverside County.\2\ The EPA has designated
two areas in the San Bernardino County portion of the District as
nonattainment areas for PM equal to or less than 10 microns in diameter
(PM<INF>10</INF>): (1) the Trona planning area, located in the
northwestern portion of the county, and (2) the larger San Bernardino
nonattainment area that covers the remaining portion of San Bernardino
County regulated by the MDAQMD, excluding the Trona planning area.\3\ A
portion of San Bernardino County within the District is also in the
West Mojave Desert ozone nonattainment area.\4\ The Riverside County
portion of the District is designated as unclassifiable/attainment for
all the NAAQS.
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\1\ The two air basins are described in the California Air
Resources Board's (CARB's), ``Initial Statement of Reasons for
Proposed Rulemaking, Proposed Amendments to Divide the Southeast
Desert Air Basin and to Modify the Boundary of the South Coast Air
Basin and Proposed Amendments to the Related Agricultural Burning
Regulations,'' April 1996.
\2\ San Bernardino County is a large county covering over 20,000
square miles, the majority of which is desert within the Mojave
Desert (also known locally as the ``High Desert'' based on its
elevation). MDAQMD's jurisdiction in the eastern portion of
Riverside County is in the Palo Verde Valley area that is
approximately 30 miles wide along the eastern boundary of the county
adjoining the State of Arizona. See also, <a href="https://www.mdaqmd.ca.gov/about-us/district-boundaries">https://www.mdaqmd.ca.gov/about-us/district-boundaries</a>.
\3\ 40 CFR 81.305--``California--PM-10'' table of area
designations.
\4\ 40 CFR 81.305. The West Mojave Desert ozone nonattainment
area also includes the Antelope Valley portion of Los Angeles
County.
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In 1972, when the original California SIP was submitted and
approved by the EPA, the San Bernardino County Air Pollution Control
District (SBCAPCD) had jurisdiction over stationary sources within all
of San Bernardino County, and the Riverside County Air Pollution
Control District (RCAPCD) had jurisdiction over stationary sources
within all of Riverside County. On July 16, 1975, the Los Angeles
County Air Pollution Control District (LACAPCD), Orange County Air
Pollution Control District (OCAPCD), RCAPCD, and SBCAPCD were unified
into the Southern California Air Pollution Control District
(``SoCalAPCD''). On February 1, 1977, California split the SoCalAPCD
into four agencies. The western coastal area became regulated by the
South Coast Air Quality Management District (SCAQMD) and the remaining
eastern desert portions of Los Angeles, San Bernardino, and Riverside
Counties were seperated back into air pollution control districts for
each county (i.e., LACAPCD, SBCAPCD, and RCAPCD). The original
jurisdiction of the SCAQMD covered an area referred to as the ``South
Coast Air Basin'' that included all of Orange County and the western
non-desert portions of Los Angeles, Riverside, and San Bernardino
Counties. The jurisdiction of the LACAPCD, SBCAPCD, and RCAPCD extended
over a portion of an air basin referred to as the ``Southeast Desert
Air Basin.'' \5\
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\5\ 43 FR 25684 (June 14, 1978).
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The Southeast Desert Air Basin portion of Riverside County was
added to the SCAQMD on December 1, 1977. Effective December 1, 1977,
under state law, all SCAQMD Rules and Regulations became applicable
within the Southeast Desert Air Basin portion of Riverside County.\6\
In 1982, the applicability of SCAQMD rules that had been approved as
part of the California SIP was extended to the Southeast Desert Air
Basin portion of Riverside County.\7\ On July 1, 1993, the SBCAPCD was
re-formed as the MDAQMD with jurisdiction in the desert portion of San
Bernardino County. On July 1, 1994, the Palo Verde Valley area in far
eastern Riverside County (and that is a part of the Southeast Desert
Air Basin portion of Riverside County) left the SCAQMD and joined the
MDAQMD.\8\ No changes to the District's boundaries have been made since
1994 and, as stated above, today the MDAQMD's jurisdiction is within
the Mojave Desert Air Basin and consists of the desert portion of San
Bernardino County and the Palo Verde Valley area in the far eastern
portion of Riverside County.
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\6\ Letter dated August 11, 1980, from Gary Rubenstein, Deputy
Executive Officer, CARB to Paul DeFalco, Jr., EPA Regional
Administrator.
\7\ 47 FR 25013 (June 9, 1982).
\8\ The Palo Verde Valley portion of the MDAQMD covers an area
approximately 30 miles wide along the eastern boundary of the county
adjoining the State of Arizona.
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An outgrowth of the complicated regulatory history of the MDAQMD is
that the applicable portion of the California SIP for the area that the
District regulates consists of a mixture of rules from current and
former agencies. Rules that have been adopted by the MDAQMD apply
``District-wide,'' meaning to the desert portion of San Bernardino
County and the Palo Verde Valley area in the far eastern portion of
Riverside County, while SBCAPCD rules apply only in the San Bernardino
County portion of the District; and rules adopted by the RCAPCD,
SoCalAPCD, or the SCAQMD only apply in the Riverside County portion of
the District.

B. Which rules has the MDAQMD amended or rescinded?

The California Air Resources Board (CARB) submitted revisions to
the MDAQMD portion of the California SIP, including MDAQMD rules and
rescissions, to the EPA for approval on the following dates: September
23, 2022,\9\ November 30, 2022,\10\ May 11,

[[Page 43973]]

2023,\11\ and January 10, 2024.\12\ The purpose of these submissions is
to align the SIP versions of the rules with the current versions in
effect in the MDAQMD.\13\ In the May 11, 2023 submission, the MDAQMD
clarified that the package of amended rules and rescissions that were
submitted includes the rescission of all the existing SIP rules
comprising SCAQMD ``Regulation VII--Emergencies,'' as applicable in the
Riverside County portion of the MDAQMD.\14\ We have already taken
action on some of the rules and rescissions included in these
submissions,\15\ and we are proposing action herein on a second set of
rules and rescissions. The remaining rules and rescissions included in
these submissions will be addressed in separate, future rulemakings.
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\9\ CARB submitted the SIP revision electronically on September
23, 2022 as an enclosure to a transmittal letter dated September 23,
2022.
\10\ CARB submitted the SIP revision electronically on November
30, 2022 as an enclosure to a transmittal letter dated November 22,
2022.
\11\ CARB submitted the SIP revision electronically on May 11,
2023 as an enclosure to a transmittal letter dated May 10, 2023.
\12\ CARB submitted the SIP revision electronically on January
10, 2024 as an enclosure to a transmittal letter dated December 27,
2023.
\13\ Letter dated November 22, 2022, from Steven S. Cliff,
Ph.D., Executive Officer, CARB to Martha Guzman, Regional
Administrator, EPA Region IX.
\14\ Email and attachments dated February 14, 2024, from Alan J.
De Salvio (MDAQMD) to Jefferson Wehling (EPA, Subject: ``SIP Cleanup
Followup Items''; see also, MDAQMD, Final Staff Report, Amendments
to MDAQMD Rule 701--Air Pollution Emergency Contingency Actions and
Rescission of Rules 702, 703, 704, 705, 706, 707, 708, 709, 710,
711, and 712, amended on September 26, 2022, pp. 19.
\15\ 89 FR 96103 (December 4, 2024).
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The current rulemaking is summarized in the tables below. Table 1
of this document lists the rules that are covered by this proposed
action and submitted for approval as part of the MDAQMD portion of the
SIP, with the dates they were adopted by the MDAQMD and submitted to
the EPA by CARB. Table 2 of this document lists the rules submitted for
rescission from the MDAQMD portion of the SIP (excluding Regulation VII
rules) that are covered by this proposed action, with the dates that
they were adopted by the MDAQMD, the dates they were submitted by CARB,
and the dates (and associated Federal Register citations) that the
rules were previously approved by the EPA. Table 3 of this document
lists the rules from Regulation VII submitted for rescission that are
associated with the applicable SIP for the San Bernardino County
portion of the MDAQMD portion of the California SIP, and Table 4 of
this document lists the rules from Regulation VII submitted for
rescission that are associated with the applicable SIP for the
Riverside County portion of the MDAQMD portion of the California SIP.

Table 1--Submitted Rules Used To Replace SIP Approved Rules
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Adopted/amended
Local agency Rule No. Rule title date Submittal date
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MDAQMD.......................... \a\ 464 Oil Water Separators.... June 23, 2014...... January 10, 2024.
MDAQMD.......................... 701 Air Pollution Emergency September 26, 2022. May 11, 2023.
Contingency Actions.
MDAQMD.......................... \a\ 1102 Fugitive Emissions of October 26, 1994... January 10, 2024.
VOCs from Components at
Pipeline Transfer
Stations.
MDAQMD.......................... \a\ 1114 Wood Products Coating August 24, 2020.... January 10, 2024.
Operations.
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\a\ The January 10, 2024 SIP submission requests re-approval of existing SIP MDAQMD Rules 464, 1102, and 1114 to
extend the applicability of the SIP rule throughout the District. See CARB Executive Order S-23-018, dated
December 27, 2023, Attachment A.

Table 2--Submitted Rule Rescissions
[Excluding Regulation VII rules]
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SIP approval date and Date of rescission by
Local agency and rule No. Title Adopted/amended date FR citation MDAQMD Submittal date
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SCAQMD Rule 405 \a\................ Solid Particulate May 7, 1976........... September 28, 1981, February 28, 2022.... May 11, 2023.
Matter--Weight. 46 FR 47451.
SCAQMD Rule 409.................... Combustion August 7, 1981........ July 6, 1982, 47 FR April 25, 2022....... May 11, 2023.
Contaminants. 29231.
SoCalAPCD Rule 432 \a\............. Gasoline May 7, 1976........... June 14, 1978, 43 FR April 25, 2022....... September 23, 2022.
Specifications. 25684.
SBCAPCD Rule 432................... Gasoline February 1, 1977...... September 8, 1978, 43 April 25, 2022....... September 23, 2022.
Specifications. FR 40011.
SCAQMD Rule 464 \a\................ Wastewater Separators. April 4, 1980......... January 21, 1981, 46 August 28, 2023...... January 10, 2024.
FR 5965.
SoCalAPCD Rule 464................. Oil and Water May 7, 1976........... June 14, 1978, 43 FR August 28, 2023...... January 10, 2024.
Separators. 25684.
SCAQMD Rule 466.................... Pumps and Compressors. October 7, 1983....... January 15, 1987, 52 June 26, 2023........ January 10, 2024.
FR 1627.
SBCAPCD Rule 466................... Pumps and Compressors. February 1, 1977...... September 8, 1978, 43 June 26, 2023........ January 10, 2024.
FR 40011.
SCAQMD Rule 466.1.................. Valves and Flanges.... May 2, 1980........... July 8, 1982, 47 FR June 26, 2023........ January 10, 2024.
29668.
SCAQMD Rule 467.................... Pressure Relief March 5, 1982......... November 16, 1983, 48 June 26, 2023........ January 10, 2024.
Devices. FR 52054.
SBCAPCD Rule 467................... Pressure Release February 1, 1977...... September 8, 1978, 43 June 26, 2023........ January 10, 2024.
Devices. FR 40011.
SoCalAPCD Rule 470 \a\ \b\......... Asphalt Air Blowing... May 7, 1976........... June 14, 1978, 43 FR August 22, 2022...... November 30, 2022.
25684.
SBCAPCD Rule 470................... Asphalt Air Blowing... February 1, 1977...... September 8, 1978, 43 August 22, 2022...... November 30, 2022.
FR 40011.
SBCAPCD Rule 480................... Natural Gas Fired February 20, 1979..... January 27, 1981, 46 September 26, 2022... May 11, 2023.
Control Devices. FR 8471.
SCAQMD Rule 1101 \a\............... Secondary Lead October 7, 1977....... September 2, 1981, 46 June 26, 2023........ January 10, 2024.
Smelters/Sulfur FR 43968.
Oxides.
SCAQMD Rule 1104................... Wood Flat Stock March 1, 1991......... June 23, 1994, 59 FR August 28, 2023...... January 10, 2024.
Coatings Operations. 32354.

[[Page 43974]]

SCAQMD Rule 1175................... Control of Emissions January 5, 1990....... October 26, 1992, 57 September 25, 2023... January 10, 2024.
from the Manufacture FR 48457.
of Polymeric Cellular
(Foam) Products.
SCAQMD Rule 1176................... Sumps and Wastewater January 5, 1990....... October 26, 1992, 57 August 28, 2023...... January 10, 2024.
Separators. FR 48457.
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\a\ SIP applicability was extended to the Southeast Desert Air Basin portion of Riverside County effective June 9, 1982. See 47 FR 25013 (June 9, 1982).
\b\ The November 30, 2022 SIP submission also listed SCAQMD Rule 470. However, the version of Rule 470 that is currently part of the SIP for the
Riverside County portion of the MDAQMD was adopted by the SoCalAPCD.

Table 3--Submitted Rule Rescissions
[Regulation VII rules applicable in the San Bernardino County portion of the MDAQMD]
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SIP approval date and Date of rescission by
Local agency and rule No. Title Adopted/amended date FR citation MDAQMD Submittal date
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SBCAPCD Rule 702................... Air Monitoring July 25, 1977......... June 3, 1980, 45 FR September 26, 2022... May 11, 2023.
Stations. 37428.
SBCAPCD Rule 703................... Air Monitoring February 1, 1977...... June 3, 1980, 45 FR September 26, 2022... May 11, 2023.
Summaries. 37428.
SBCAPCD Rule 704................... Episode Criteria...... September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
26618.
SBCAPCD Rule 705................... Episode Notification.. September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
26618.
SBCAPCD Rule 706................... Episode Declaration... February 1, 1977...... June 3, 1980, 45 FR September 26, 2022... May 11, 2023.
37428.
SBCAPCD Rule 707................... First Stage Episode September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
Actions. 26618.
SBCAPCD Rule 708................... Second Stage Episode September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
Actions. 26618.
SBCAPCD Rule 709................... Third Stage Episode September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
Actions. 26618.
SBCAPCD Rule 710................... Inter-district September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
Coordination. 26618.
SBCAPCD Rule 711................... Termination of September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
Episodes. 26618.
SBCAPCD Rule 712................... Advisory Council...... September 26, 1977.... June 21, 1982, 47 FR September 26, 2022... May 11, 2023.
26618.
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Table 4--Submitted Rule Rescissions
[Regulation VII rules applicable in the Riverside County Portion of the MDAQMD]
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SIP approval date and Date of rescission by
Local agency and rule No. Title Adopted/amended date FR citation \a\ MDAQMD Submittal date
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SCAQMD Rule 701.................... General............... April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 702(a), (d), (e), (f), Definitions........... April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
(h) and (i). 46 FR 47451.
SCAQMD Rule 702(b)................. Definitions........... July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 702(c)................. Definitions........... May 6, 1977........... May 26, 1978, 43 FR September 26, 2022... May 11, 2023.
22719.
SCAQMD Rule 702 (map only)......... Definitions........... July 8, 1977.......... December 21, 1978, 43 September 26, 2022... May 11, 2023.
FR 59490.
SCAQMD Rule 703.................... Episode Criteria...... April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 704.................... Episode Declaration... April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 705.................... Termination of April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Episodes. 46 FR 47451.
SCAQMD Rule 706.................... Episode Notification.. April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 707.................... Radio Communication July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
System. 46 FR 47451.
SCAQMD Rule 708.................... Plans................. July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 708.1.................. Stationary Sources May 6, 1977........... May 26, 1978, 43 FR September 26, 2022... May 11, 2023.
Required to File 22719.
Plans.
SCAQMD Rule 708.2.................. Content of Stationary July 8, 1977.......... December 21, 1978, 43 September 26, 2022... May 11, 2023.
Source Curtailment FR 59490.
Plans.
SCAQMD Rule 708.3.................. Transportation July 9, 1982.......... June 1, 1983, 48 FR September 26, 2022... May 11, 2023.
Management Plans. 24362.
SCAQMD Rule 708.4(a) and (b)....... Procedural July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Requirements for 46 FR 47451.
Plans.

[[Page 43975]]

SCAQMD Rule 708.4(c), (d), (e), and Procedural May 6, 1977........... May 26, 1978, 43 FR September 26, 2022... May 11, 2023.
(f). Requirements for 22719.
Plans.
SCAQMD Rule 708.4(g) and (h)....... Procedural April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Requirements for 46 FR 47451.
Plans.
SCAQMD Rule 709(a)................. First Stage Episode April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Actions. 46 FR 47451.
SCAQMD Rule 709(b), (d), (f), and First Stage Episode May 6, 1977........... May 26, 1978, 43 FR September 26, 2022... May 11, 2023.
(g). Actions. 22719.
SCAQMD Rule 709(c)................. First Stage Episode February 1, 1980...... September 28, 1981, September 26, 2022... May 11, 2023.
Actions. 46 FR 47451.
SCAQMD Rule 709(e)................. First Stage Episode July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Actions. 46 FR 47451.
SCAQMD Rule 710(a) and (b)(4)...... Second Stage Episode April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Actions. 46 FR 47451.
SCAQMD Rule 710(b)(1)(A)-(C), Second Stage Episode May 6, 1977........... May 26, 1978, 43 FR September 26, 2022... May 11, 2023.
(b)(2)(A)-(C), (b)(3)(A), (c)(1), Actions. 22719.
(c)(2), and (c)(3)(A).
SCAQMD Rule 710(b)(1)(D), Second Stage Episode July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
(b)(2)(D), (b)(3)(B), and Actions. 46 FR 47451.
(c)(3)(B).
SCAQMD Rule 711(a)(1), (a)(4), Third Stage Episode April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
(b)(1) and (b)(4). Actions. 46 FR 47451.
SCAQMD Rule 711(b)(2)(A) and (B), Third Stage Episode May 6, 1977........... May 26, 1978, 43 FR September 26, 2022... May 11, 2023.
(b)(3)(A), (c)(2)(A) and (B), and Actions. 22719.
(c)(3)(A).
SCAQMD Rule 711(a)(1)(E), Third Stage Episode July 11, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
(a)(2)(D), (a)(3)(B), (a)(4)(F), Actions. 46 FR 47451.
(b)(3)(B), and (b)(4)(F).
SCAQMD Rule 713.................... Interdistrict April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
Coordination. 46 FR 47451.
SCAQMD Rule 714.................... Source Inspections.... April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
46 FR 47451.
SCAQMD Rule 715.................... Burning of Fossil Fuel April 4, 1980......... September 28, 1981, September 26, 2022... May 11, 2023.
on Episode Days. 46 FR 47451.
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\a\ With the exception of SCAQMD Rule 708.3, the applicability of SCAQMD rules that had been approved as part of the California SIP was extended to the
Southeast Desert portion of Riverside County through the EPA's final action published at 47 FR 25013 (June 9, 1982). The July 9, 1982 version of
SCAQMD Rule 708.3 became part of the applicable SIP for the SCAQMD, including the Southeast Desert portion of Riverside County in 1983.

The September 23, 2022, November 30, 2022, May 11, 2023, and
January 10, 2024 SIP submissions were deemed complete by operation of
law with respect to the completeness criteria in 40 CFR part 51,
appendix V on March 23, 2023, May 30, 2023, November 11, 2023, and July
10, 2024, respectively.

C. Are there other versions of the rules?

We approved an earlier version of MDAQMD Rule 701 as listed in
Table 1 of this document that had been adopted by the MDAQMD's
predecessor agency, the SBCAPCD. SBCAPCD Rule 701 was locally approved
on September 26, 1977, and approved into the SIP on June 21, 1982.\16\
If we finalize this rulemaking as proposed, then the SBCAPCD Rule 701
will be superseded in the applicable SIP by MDAQMD Rule 701. For the
remaining rules listed in Table 1 of this document, MDAQMD Rules 464,
1102, and 1114, the EPA previously approved these versions into the
SIP. These SIP rules are already federally enforceable District-wide
because the EPA's approval occurred after the District's boundaries
were finalized in 1994. As such, we propose no further action on MDAQMD
Rules 464, 1102 and 1114 is needed at the present time.
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\16\ 47 FR 26618, June 21, 1982.
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D. What is the purpose of the rules?

Emissions of volatile organic compounds (VOC) and oxides of
nitrogen (NO<INF>X</INF>) contribute to the production of ground-level
ozone, which harm human health and the environment. Emissions of PM,
including PM equal to or less than 2.5 microns in diameter
(PM<INF>2.5</INF>) and PM equal to or less than 10 microns in diameter
(PM<INF>10</INF>), contribute to effects that are harmful to human
health and the environment, including premature mortality, aggravation
of respiratory and cardiovascular disease, decreased lung function,
visibility impairment, and damage to vegetation and ecosystems.
CAA section 110(a)(2) requires states to submit regulations that
control emissions of criteria air pollutants or their precursors,
including VOCs, NO<INF>X</INF>, and PM, as part of the SIP. Over the
years, MDAQMD's predecessor agency, the SBCAPCD, adopted many
administrative and prohibitory rules to meet SIP requirements,
including those that are the subject of this proposed action, for the
San Bernardino County portion of the MDAQMD portion of the California
SIP. The RCAPCD, SoCalAPCD, and SCAQMD did the same for the Riverside
County portion of the MDAQMD portion of the California SIP. The purpose
of the SIP submissions in this rulemaking is to align the SIP versions
of the rules applicable in these areas with those that are currently in
effect in the MDAQMD, the agency that currently has jurisdiction to
regulate these areas.
The EPA's technical support documents (TSDs) have more information
about these rules. We have prepared one TSD for MDAQMD Rule 701 and
related Regulation VII rule rescissions and a second TSD for all the
other MDAQMD rules and rule rescissions included in this rulemaking.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rules?

Under CAA section 110(l), SIP revisions must be adopted by the
state, and the state must provide for reasonable public notice and
hearing prior to adoption.\17\ Emissions

[[Page 43976]]

limitations 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). In approving new requirements into
the SIP or removing existing requirements from the SIP, we consider
whether these CAA requirements are met.
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\17\ The EPA has reviewed the SIP submissions covered in this
proposed action for compliance with CAA procedural requirements and
found that all such requirements have been met.
---------------------------------------------------------------------------

Generally, SIPs must require implementation of reasonably available
control technology (RACT) for each category of sources covered by a
Control Techniques Guidelines (CTG) document as well as each major
source of VOCs and NO<INF>X</INF> in ozone nonattainment areas
classified as Moderate or above (see CAA section 182(b)(2) and 182(f)).
A portion of the San Bernardino County portion of the MDAQMD is part of
an ozone nonattainment area (referred to as ``West Mojave Desert'')
that is classified as ``Severe'' for the 2008 and 2015 ozone NAAQS.\18\
SIPs must also implement reasonably available control measures (RACM),
including RACT, in ``Moderate'' PM<INF>2.5</INF>/PM<INF>10</INF>
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C)). The
two PM<INF>10</INF> nonattainment areas in the District are classified
as Moderate (the Trona planning area and the remaining portion of San
Bernardino County regulated by the MDAQMD, excluding the Trona planning
area). Prior to rescinding requirements from the SIP, we consider
whether the rescission would cause CAA requirements such as these to no
longer be met. However, in this rulemaking, we are not evaluating the
adequacy of the SIP under CAA sections 172(c)(1), 182(b)(2), 182(f), or
189(a)(1)(C). Such evaluations are generally performed in the context
of our review of broader attainment plan SIP submittals.
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\18\ 40 CFR 81.305.
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Guidance and policy documents that we used to evaluate
enforceability, revision/relaxation, and rule stringency requirements
for the applicable criteria pollutants include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies,
and Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January
11, 1990).
2. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. Letter dated February 12, 1990, from Johnnie L. Pearson,
Chief Regional Activities Section, ROB (MD-15), to Chief, Air
Branch, Region I-X, Subject: ``Review of State Regulation
Recodifications.''

B. Do the rules meet the evaluation criteria?

The purpose of the submission of the MDAQMD rules and rescissions
is to align the versions of the rules that are part of the SIP with the
versions found in the current District rulebook. The rules that are the
subject of this rulemaking can be organized into two categories. The
first category includes rescissions of rules from the MDAQMD portion of
the California SIP adopted by SBCAPCD, SoCalAPCD, or SCAQMD that can be
replaced by the requirements in MDAQMD rules that we are either
proposing to approve in this rulemaking or that we have previously
approved. The second category includes rescissions of rules that were
adopted by SBCAPCD, SoCalAPCD, or SCAQMD and that have been submitted
for rescission without replacement by a corresponding MDAQMD rule. The
following is a summary of our analysis. Our TSDs have more information
on our analysis of the rules.
Category 1--Rescission or Supersession of Previously-Approved Rules
With MDAQMD Rules
1. Rescission of SCAQMD Rule 405, ``Solid Particulate Matter--Weight,''
and Replacement With MDAQMD Rule 405, ``Solid Particulate Matter--
Weight''
We are proposing to approve the rescission of SCAQMD Rule 405 from
the Riverside County portion of the MDAQMD portion of the California
SIP because it can be replaced by the requirements of MDAQMD Rule 405.
The EPA previously approved MDAQMD Rule 405 in December 2024.\19\ A
comparison of the two rules shows that the requirements would be
unchanged in the Riverside County portion of the MDAQMD except for
equipment completed and put into service before July 1, 1976. However,
any such equipment is not subject to SCAQMD Rule 405's emissions
limitation because the equipment either has gas-fired combustion with
minimal solid particulate emissions or is controlled by a baghouse and
limited by MDAQMD Rule 404, ``Particulate Matter Concentration,'' or
stack opacity limits. The EPA previously approved MDAQMD Rule 404 in
December 2024.\20\ Thus, the rescission of SCAQMD Rule 405 would not
interfere with attainment and RFP or any other requirement of the Act
for the purposes of CAA section 110(l).
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\19\ 89 FR 96103 (December 4, 2024).
\20\ Id.
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2. Rescission of SCAQMD Rule 409, ``Combustion Contaminants,'' and
Replacement With MDAQMD Rule 409, ``Combustion Contaminants''
We are proposing to approve the rescission of SCAQMD Rule 409 from
the Riverside County portion of the MDAQMD portion of the California
SIP because it can be replaced by MDAQMD Rule 409. The EPA previously
approved MDAQMD Rule 409 in December 2024.\21\ MDAQMD Rule 409 has the
same emissions limit as SCAQMD Rule 409, and in the staff report for
the rescission of SCAQMD Rule 409, the MDAQMD explained that MDAQMD
Rule 409 applies more broadly because it does not include the internal
combustion engine exclusion that exists in SCAQMD Rule 409.\22\ Thus,
the rescission of SCAQMD Rule 409 would not interfere with attainment
and RFP or any other requirement of the Act for the purposes of CAA
section 110(l).
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\21\ 89 FR 96103 (December 4, 2024).
\22\ MDAQMD, Staff Report, ``Rescission of SCAQMD Rule 409 --
Combustion Contaminants from the SIP for the Blythe/Palo Verde
Valley portion of the MDAQMD in Riverside County and replace it with
the current MDAQMD Rule 409 [hyphen] Combustion Contaminants,''
April 25, 2022, pp. 7.
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3. Rescission of SCAQMD Rule 464, ``Wastewater Separators,'' and
SoCalAPCD Rule 464, ``Oil and Water Separators,'' and Replacement With
MDAQMD Rule 464, ``Oil Water Separators''
In response to this request, we are proposing that no action is
necessary to rescind SoCalAPCD Rule 464 and SCAQMD Rule 464 because
these rules were rescinded from the Riverside County portion of the
MDAQMD portion of the California SIP in previous actions. SoCalAPCD
Rule 464 was replaced by SCAQMD Rule 464 in 1981 and SCAQMD Rule 464
was replaced by MDAQMD Rule 464 in 1995.\23\ Further, the submitted
version of MDAQMD Rule 464 is the same version the EPA has already
approved into the SIP and no further action is needed to approve this
rule for the MDAQMD portion of the California SIP.\24\ However, in our

[[Page 43977]]

1981 and 1995 actions we did not revise the section of the Code of
Federal Regulations (CFR) that contains the California SIP to reflect
these replacements. We are proposing to correct this error by amending
the CFR to reflect our prior actions to rescind SoCalAPCD Rule 464 and
SCAQMD Rule 464 from the MDAQMD portion of the California SIP.
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\23\ 46 FR 5965 (January 21, 1981) and 60 FR 49772 (September
27, 1995), respectively.
\24\ MDAQMD Rule 464, ``Oil Water Separators'' as amended on
June 23, 2014, was SIP-approved June 5, 2015 at (80 FR 32026). The
EPA's 2015 approval of the June 23, 2014 version of MDAQMD Rule 464
replaced the previously-approved version of MDAQMD Rule 464 in the
MDAQMD portion of the applicable California SIP. The June 23, 2014
version of MDAQMD Rule 464 is the current version of the rule in the
MDAQMD portion of the applicable California SIP.
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4. Rescission of SCAQMD Rule 1176, ``Sumps and Wastewater Separators,''
and Replacement With MDAQMD Rule 464, ``Oil Water Separators''
The EPA is proposing approval of the rescission of SCAQMD Rule 1176
from the Riverside County portion of the MDAQMD portion of the
California SIP because it has been replaced by MDAQMD Rule 464. As
applicable to the MDAQMD portion of the California SIP, the EPA
approved SCAQMD Rule 1176 in 1992.\25\ In the January 10, 2024 SIP
submittal, the MDAQMD explained that, while SCAQMD Rule 1176 is
primarily applicable to the petroleum refinery industry, it can also be
applied to other similar equipment in different source categories.\26\
The MDAQMD also explained that the District has adopted Federal
Negative Declarations certifying that the petroleum refinery industry
is not present within its jurisdiction.\27\ The MDAQMD concluded that
the District is only required to have a RACT rule for such other
similar equipment, that MDAQMD Rule 464 provides such regulation, and
that rescission of SCAQMD Rule 1176 is warranted on that basis.\28\
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\25\ 57 FR 48457 (October 26, 1992).
\26\ MDAQMD Staff Report, ``State Implementation Plan Clean Up:
Rescission of SCAQMD Rule 1176--Sumps and Wastewater Separators and
Rule 464--Wastewater Separators as it appears in the SIP for the
Blythe/Palo Verde Valley portion of the MDAQMD in Riverside County
and replacement with the current SIP approved MDAQMD Rule 464--Oil
Water Separators and Various Federal Negative Declarations,'' dated
August 28, 2023, pp. 2.
\27\ Id. The MDAQMD has EPA approved Federal Negative
Declarations for the following CTG associated with petroleum
refineries: ``Control of Volatile Organic Compound Leaks from
Petroleum Refinery Equipment,'' EPA-450/2-78-036, June 1978, and
``Control of Refinery Vacuum Producing Systems, Wastewater
Separators, and Process Unit Turnarounds,'' EPA-450/2-77-025,
October 1977.
\28\ Id. at 2 and 3.
---------------------------------------------------------------------------

We agree with the MDAQMD's evaluation and conclusion, but we also
note that the Riverside County portion of the MDAQMD is not subject to
the RACT requirement because it is unclassifiable/attainment for all
the NAAQS. As such, the rescission of SCAQMD Rule 1176 would not
interfere with attainment and RFP or any other requirement of the Act
for the purposes of CAA section 110(l).
5. Rescission of SBCAPCD Rules 702-714 and SCAQMD Regulation VII Rules
and Replacement With MDAQMD Rule 701, ``Air Pollution Emergency
Contingency Actions''
The EPA is proposing to rescind SBCAPCD Rules 702-714 (see Table 3
of this proposed rulemaking) and SCAQMD Regulation VII Rules (see Table
4 of this proposed rulemaking) because they can be replaced by our
proposed approval of MDAQMD Rule 701. These rules relate to contingency
plans to address air pollution emergency episodes under CAA section
110(a)(2)(G). Currently, the emergency episode contingency plan
requirements for MDAQMD are provided through SBCAPCD Regulation VII
rules approved by the EPA in 1980 and 1982 for the San Bernardino
County portion of the MDAQMD and SCAQMD Regulation VII rules approved
by the EPA in 1978, 1981 and 1983 for the Riverside County portion of
the MDAQMD.\29\ The emergency episode contingency plan rules approved
for the SBCAPCD and SCAQMD for the MDAQMD are supplemented by the EPA's
emergency episode contingency plan FIP promulgated at 40 CFR 52.274(p).
---------------------------------------------------------------------------

\29\ 43 FR 22719 (May 26, 1978), 43 FR 59490 (December 21,
1978), 45 FR 37428 (June 3, 1980), 46 FR 47451 (September 28, 1981),
47 FR 26618 (June 21, 1982) and 48 FR 24362 (June 1, 1983).
---------------------------------------------------------------------------

On September 26, 2022, MDAQMD adopted amendments to Rule 701 that
update and consolidate the emergency episode contingency plan rules
that had been codified as SBCAPCD Regulation VII, Rules 701 through
714.\30\ As such, the amended Rule 701 represents an improvement in the
existing SIP and, thus, we are proposing approval of MDAQMD Rule 701
and rescission of SBCAPCD Rules 702-714 and SCAQMD Regulation VII Rules
because the amended emergency episode contingency plan rule would
strengthen the SIP if approved.
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\30\ SBCAPCD Rule 707, ``First Stage Episode Actions,'' revised
September 26, 1977, SIP-approved June 21, 1982 (47 FR 26618) and
SBCAPCD Rule 707, ``Plans,'' adopted February 1, 1977, SIP-approved
June 3, 1980 (45 FR 37428). The latter SBCAPCD Rule 707 is
unaffected by this proposed action and remains in the SIP.
---------------------------------------------------------------------------

The SIP submission did not request that these rule revisions be
used as a basis to remove the existing FIP related to emergency episode
contingency plans applicable within the District. Nonetheless, the EPA
compared the amended MDAQMD Rule 701 with the requirements in 40 CFR
51.152 and found that amended MDAQMD Rule 701 meets some of the
applicable requirements but not all of them. Our TSD for MDAQMD Rule
701 includes recommendations for revisions to MDAQMD Rule 701 that
could allow for the removal of the FIP in the future.
6. Rescission of SBCAPCD Rule 466, ``Pumps and Compressors,'' SBCAPCD
Rule 467, ``Pressure Relief Devices,'' SCAQMD Rule 466, ``Pumps and
Compressors,'' SCAQMD Rule 466.1, ``Valves and Flanges,'' and SCAQMD
Rule 467, ``Pressure Relief Devices,'' and Replacement With SIP-
Approved MDAQMD Rule 1102, ``Fugitive Emissions of VOCs from Components
at Pipeline Transfer Stations''
The EPA approved SBCAPCD Rules 466 and 467 in 1978.\31\ In 1999,
the EPA approved a request from MDAQMD to remove SBCAPCD Rules 466 and
467 from the SIP.\32\ Thus, SBCAPCD Rules 466 and 467 are no longer a
part of the San Bernardino County portion of the MDAQMD portion of the
California SIP, and no further action is warranted in response to
CARB's request for rescission of these two rules.
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\31\ 43 FR 40011 (September 8, 1978).
\32\ 64 FR 45175 (August 19, 1999); corrected at 69 FR 2509
(January 16, 2004). Also, see 40 CFR 52.220(c)(39)(ii)(G).
---------------------------------------------------------------------------

SCAQMD Rules 466, 466.1, and 467 became applicable to the Riverside
County portion of the MDAQMD portion of the California SIP when they
were approved by the EPA in 1987, 1982, and 1983, respectively.\33\
SCAQMD Rules 466.1 and 467 apply to refineries and chemical plants, and
SCAQMD Rule 466 applies more generally to ``any pump or compressor
handling reactive organic compounds.'' \34\ The MDAQMD provided a
document \35\ individually comparing SCAQMD Rules 466, 466.1, and 467
to SIP-approved MDAQMD Rules 446, 467, and 1102 that shows that the
requirements in MDAQMD Rule 1102 are generally the same as or more
stringent than those in the SCAQMD Rules and concluded that there is no
need to retain SCAQMD Rules 466,

[[Page 43978]]

466.1, and 467 in the Riverside County portion of the MDAQMD portion of
the California SIP.\36\ The EPA agrees with this assessment and finds
that the rescission of SCAQMD Rules 466, 466.1, and 467 would not
interfere with attainment and RFP or any other requirement of the Act
for the purposes of CAA section 110(l). We, therefore, are proposing
approval of the rescission of SCAQMD Rules 446, 466.1, and 467 from the
Riverside County portion of the MDAQMD portion of the California SIP.
---------------------------------------------------------------------------

\33\ 52 FR 1627 (January 15, 1987); 47 FR 29668 (July 8, 1982);
48 FR 52054 (November 16, 1983).
\34\ SCAQMD Rule 466(b)(1).
\35\ MDAQMD Staff Report, ``State Implementation Plan Clean Up:
Rescission of SCAQMD Rules 466--Pumps and Compressors, 466.1--Valves
and Flanges and 467--Pressure Relief Devices as they appear in the
SIP for the Blythe/Palo Verde Valley portion of the MDAQMD; Remove
previously rescinded MDAQMD Rules 466--Pumps and Compressors and
467--Pressure Relief Devices from the SIP for the San Bernardino
County portion of the MDAQMD; and acknowledge the replacement of all
rules with the SIP approved MDAQMD Rule 1102--Fugitive Emissions of
VOCs from Components at Pipeline Transfer Stations and various
Federal Negative Declarations,'' dated June 26, 2023, pp. 2 and 3.
\36\ Email and attachments dated April 9, 2025, from Chris
Anderson (MDAQMD) to Lisa Beckham (EPA), Subject: FW: Background
Documents for SCAQMD 466, 466.1 and 467 SIP Cleanup,'' attached
document titled ``Rule Comparison Tables,'' pp. 1-7.
---------------------------------------------------------------------------

7. MDAQMD Rule 1114, ``Wood Products Coating Operations,'' and
Rescission of SCAQMD Rule 1104, ``Wood Flat Stock Coating Operations''
SCAQMD Rule 1104 became applicable to the Riverside County portion
of the MDAQMD portion of the California SIP when it was approved by the
EPA in 1994.\37\ A comparison between MDAQMD Rule 1114 and SCAQMD Rule
1104 reveals that SCAQMD Rule 1104 includes more stringent control
requirements for some sources covered therein compared to the control
requirements for those sources under MDAQMD Rule 1114. However, a
comparison of SCAQMD Rule 1104 with the approved Federal Negative
Declarations \38\ for MDAQMD shows that there are no such sources in
the MDAQMD. The remainder of the control requirements in SCAQMD Rule
1104 are comparable to, and less stringent than, the control
requirements in MDAQMD 1114. The EPA also confirmed that there are no
wood panel manufacturing facilities, as applicable to SCAQMD Rule 1104,
in the Riverside County portion of the MDAQMD via Standard Industrial
Classification (SIC) codes and CARB's facility search tool in CARB's
California Emissions Inventory Data Analysis and Reporting System
(CEIDARS) emissions database.\39\ Thus, the rescission of SCAQMD Rule
1104 would not interfere with any applicable requirement concerning
attainment, reasonable further progress, or any other applicable
requirement of the Act for the purposes of CAA section 110(l).
Therefore, the EPA is proposing to approve the rescission of SCAQMD
Rule 1104.
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\37\ 59 FR 32354 (June 23, 1994).
\38\ The MDAQMD has EPA approved Federal Negative Declarations
for the following CTGs associated with flat wood paneling, ``Control
of Volatile Organic Emissions from Existing Stationary Sources--
Volume VII: Factory Surface Coating of Flat Wood Paneling,'' EPA-
450/2-78-032, June 1978, and ``Control Techniques Guidelines of Flat
Wood Paneling Coatings,'' EPA-453/R-06-004, September 2006.
\39\ CARB's CEIDARS emissions database allows the public to
search for stationary point criteria pollutant and air toxic
emissions. The SIC codes that were used for this search are: 2431,
``Millwork,'' 2434, ``Wood Kitchen Cabinets,'' 2435, ``Hardwood
Veneer and Plywood,'' 2436, ``Softwood Veneer and Plywood,'' 2493,
``Reconstituted Wood Products,'' 2499, ``Wood Products, Not
Elsewhere Classified,'' and 5031, ``Lumber, Plywood, Millwork, and
Wood Panels.''
---------------------------------------------------------------------------

Category 2--Rules Submitted for Rescission Without Replacement by
MDAQMD Rules
1. Rescission of SoCalAPCD Rule 432, ``Gasoline Specifications,'' and
SBCAPCD Rule 432, ``Gasoline Specifications''
The MDAQMD indicates that SoCalAPCD Rule 432 and SBCAPCD Rule 432
are no longer needed in the MDAQMD portion of the California SIP
because the specifications for gasoline contained in the rules have
been superseded in the SIP by CARB's Reformulated Gasoline
Regulation.\40\ The EPA approved CARB's Reformulated Gasoline
Regulation as part of the California SIP in 2010.\41\ The EPA agrees
that CARB's Reformulated Gasoline Regulation has superseded the
specifications for gasoline in SoCalAPCD Rule 432 and SBCAPCD Rule 432
and that EPA's approval of CARB's Reformation Gasoline Regulation has
eliminated any need to retain SoCalAPCD Rule 432 or SBCAPCD Rule 432 in
the MDAQMD portion of the California SIP. As such, we find that the
rescissions of SoCalAPCD Rule 432 and SBCAPCD Rule 432 would not
interfere with attainment and RFP or any other requirement of the Act
for the purposes of CAA section 110(l). Therefore, the EPA is proposing
to approve the rescissions of SoCalAPCD Rule 432 and SBCAPCD Rule 432
from the Riverside County and San Bernardino County portions of the
MDAQMD portion of the California SIP, respectively.
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\40\ MDAQMD, Final Staff Report, Rescission of Rule 432--
Gasoline Specifications and Removal of the Rule from the State
Implementation Plan for both the San Bernardino and Riverside County
portions of the MDAQMD, April 25, 2022, pp. 2.
\41\ 75 FR 26653 (May 12, 2010).
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2. Rescission of SBCAPCD Rule 470, ``Asphalt Air Blowing'' and
SoCalAPCD Rule 470, ``Asphalt Air Blowing''
The MDAQMD states that there are no asphalt air blowing sources
located within the San Bernardino County portion of the MDAQMD, and it
also confirmed that there are no asphalt air blowing sources located
within the Riverside County portion of the MDAQMD.\42\ On that basis,
the EPA finds that the rescissions of SBCAPCD Rule 470 and SoCalAPCD
Rule 470 would not interfere with attainment and RFP or any other
requirement of the Act for the purposes of CAA section 110(l).
Therefore, the EPA is proposing to approve the rescissions of both
SBCAPCD Rule 470 and SoCalAPCD Rule 470 from the San Bernardino County
and Riverside County portions of the MDAQMD portion of the California
SIP, respectively.
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\42\ Email and attachments dated February 14, 2024, from Alan J.
De Salvio (MDAQMD) to Jefferson Wehling (EPA), Subject: ``SIP
Cleanup Followup Items.''
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3. Rescission of SBCAPCD Rule 480, ``Natural Gas Fired Control
Devices''
SBCAPCD Rule 480 applies in the San Bernardino County portion of
the MDAQMD. The MDAQMD's staff report indicates that the SBCAPCD
originally adopted Rule 480 allegedly to ``reduce potential variance
applications'' in case of a natural gas shortage or curtailment.\43\ In
the staff report for SBCAPCD Rule 480, the MDAQMD notes that there are
at least six natural gas-fired control devices within the MDAQMD, and
of these, none has a Rule 480 plan on file.\44\ In the case of a
natural gas shortage or curtailment, facilities have certain options
available to them, including seeking a variance, regardless of the
existence or non-existence of a Rule 480 plan. The MDAQMD concludes
that Rule 480 is thus unused, unnecessary, and duplicative of already
existing permit conditions as well as the MDAQMD's Hearing Board
variance process.\45\
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\43\ MDAQMD, Staff Report, ``Rescission of Rule 480 and request
for removal from the State Implementation Plan for the San
Bernardino County portion of the MDAQMD,'' September 26, 2022, pp.
1.
\44\ Id. at 2.
\45\ Id.
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The EPA has reviewed and agrees with the MDAQMD's rationale for
rescission of SBCAPCD Rule 480. The EPA also notes that Rule 480 does
not relate to any requirement of the CAA or the EPA's implementing
regulations or establish an emissions limitation or similar requirement
and that rescission of the rule from the SIP would have no effect on
emissions. Thus, rescission of the rule would not interfere with
attainment and RFP or any other requirement of the Act for the purposes
of CAA section 110(l). For these reasons, the EPA is proposing to
approve the rescission of SBCAPCD Rule 480 from the San Bernardino
County portion of the MDAQMD portion of the California SIP.

[[Page 43979]]

4. Rescission of SCAQMD Rule 1101, ``Secondary Lead Smelters/Sulfur
Oxides''
SCAQMD Rule 1101 became applicable to the Riverside County portion
of the MDAQMD in 1981.\46\ The EPA has reviewed the materials submitted
by the MDAQMD to document the absence of secondary lead smelters within
the MDAQMD and has confirmed the District's finding. Because there are
no sources subject to the rule, the EPA finds that the rescission of
SCAQMD Rule 1101 would not interfere with attainment and RFP or any
other requirement of the Act for the purposes of CAA section 110(l) and
is proposing to approve the rescission of SCAQMD Rule 1101 from the
Riverside County portion of the MDAQMD portion of the California SIP.
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\46\ 46 FR 43968 (September 2, 1981).
---------------------------------------------------------------------------

5. Rescission of SCAQMD Rule 1175, ``Control of Emissions From the
Manufacture of Polymeric Cellular (Foam) Products''
SCAQMD Rule 1175 became applicable in the Riverside County portion
of the MDAQMD in 1992.\47\ The EPA has reviewed the materials submitted
by the MDAQMD to document the absence of polymeric cellular foam
products manufacturing sources within the MDAQMD and has confirmed the
District's finding by using SIC code 3086 and CARB's CEIDARS emissions
database. The EPA finds that the rescission of SCAQMD Rule 1175 would
not interfere with attainment and RFP or any other requirement of the
Act for the purposes of CAA section 110(l) and is proposing to approve
the rescission of SCAQMD Rule 1175 from the Riverside County portion of
the MDAQMD portion of the California SIP.
---------------------------------------------------------------------------

\47\ 57 FR 48457 (October 26, 1992).
---------------------------------------------------------------------------

C. Public Comment and Proposed Action

As authorized in section 110(k)(3) of the Act, the EPA is proposing
to approve revisions to the MDAQMD portion of the California SIP
submitted by CARB on September 23, 2022, November 30, 2022, May 11,
2023, and January 10, 2024. More specifically, the EPA is proposing the
following actions:
<bullet> The EPA is proposing to approve submitted MDAQMD Rule 701
because it would strengthen the SIP.
<bullet> The EPA is proposing to approve the following rule
rescissions because the rescissions of the rules meet all relevant
requirements: SCAQMD Rules 405, 409, 466, 466.1, 467, 1101, 1104, 1175,
and 1176; SoCalAPCD Rules 432 and 470; and SBCAPCD Rules 432, 470 and
480; and all the SBCAPCD and SCAQMD Regulation VII rules listed in
Tables 3 and 4 of this document.
<bullet> The EPA is proposing to take no action on the rescissions
of SoCalAPCD Rule 464 and SCAQMD Rule 464, other than to add clarifying
regulatory text, because they were previously replaced in the
applicable SIP by approval of MDAQMD Rule 464. EPA also proposes to
take no action on the rescissions of SBCAPCD Rules 466 and 467 because
they were previously removed as part of the applicable SIP and
regulatory text was previously added to document their removal.
If finalized as proposed, this action would incorporate MDAQMD Rule
701 into the SIP and would remove from the applicable SIP the rules
that have been rescinded or superseded. We will accept comments from
the public on this proposal until October 14, 2025.

III. Incorporation by Reference

In this rule, 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 701, which establishes certain procedures and
requirements for air pollution emergencies. The EPA is also proposing
to include in a final EPA rule regulatory text that deletes certain
rules that were previously incorporated by reference from the
applicable California SIP. The rules that were previously incorporated
by reference are SCAQMD Rules 405, 409, 464, 466, 466.1, 467, 1101,
1104, 1175, and 1176; SoCalAPCD Rules 432, 464 and 470; and SBCAPCD
Rules 432, 470 and 480 as listed in Table 2 of this document, and the
air pollution emergency rules listed in Tables 3 and 4 of this
document. The EPA has made, and will continue to make, these materials
available through <a href="http://www.regulations.gov">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
action merely proposes to approve state law, or rescissions of 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 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 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 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, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
dioxide, Volatile organic compounds.

Authority: 42 U.S.C. 7401 et seq.

[[Page 43980]]

Dated: September 3, 2025.
Michael Martucci,
Acting Regional Administrator, Region IX.
[FR Doc. 2025-17528 Filed 9-10-25; 8:45 am]
BILLING CODE 6560-50-P

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