Rule2026-00194
Air Plan Approval; California; Mojave Desert Air Quality Management District; Definition of Terms
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
January 8, 2026
Effective
February 9, 2026
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). The revision concerns definitions that are necessary to implement and enforce local rules that regulate air pollution under the Clean Air Act (CAA or the "Act"). We are also approving the rescission of earlier versions of this rule from the California SIP as they are no longer needed under the CAA.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 5 (Thursday, January 8, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 5 (Thursday, January 8, 2026)]
[Rules and Regulations]
[Pages 607-609]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-00194]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2022-0858; FRL-10563-02-R9]
Air Plan Approval; California; Mojave Desert Air Quality
Management District; Definition of Terms
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
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). The revision concerns definitions that are
necessary to implement and enforce local rules that regulate air
pollution under the Clean Air Act (CAA or the ``Act''). We are also
approving the rescission of earlier versions of this rule from the
California SIP as they are no longer needed under the CAA.
DATES: This rule is effective February 9, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2022-0858. 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: Allison Kawasaki, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; telephone number: (415) 972-
3922; email address: <a href="/cdn-cgi/l/email-protection#cca7adbbadbfada7a5e2ada0a0a5bfa3a28ca9bcade2aba3ba"><span class="__cf_email__" data-cfemail="a4cfc5d3c5d7c5cfcd8ac5c8c8cdd7cbcae4c1d4c58ac3cbd2">[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
As listed in table 1, on July 10, 2025 (90 FR 30611), the EPA
proposed to approve MDAQMD Rule 102, ``Definition of Terms,'' amended
on September 28, 2020 (``Rule 102''), into the Mojave Desert portion of
the California SIP. Additionally, as listed in table 2, we proposed to
approve the rescission of other outdated definition rules from the
Mojave Desert portion of the California SIP.
[[Page 608]]
Table 1--Submitted Rule
----------------------------------------------------------------------------------------------------------------
Local agency Rule No. Rule title Amended Submitted
----------------------------------------------------------------------------------------------------------------
MDAQMD................................ 102 Definition of Terms..... 9/28/2020 3/12/2021
----------------------------------------------------------------------------------------------------------------
Table 2--Rules Requested To Be Rescinded
----------------------------------------------------------------------------------------------------------------
SIP approval date
Local agency Rule No. Rule title Adopted and FR citation
----------------------------------------------------------------------------------------------------------------
San Bernadino County Air 102 Definition of Terms July 5, 1977....... 43 FR 59489;
Pollution Control District. December 21, 1978.
Riverside County Air Pollution 102 Definition of Terms Not Available...... 43 FR 59489;
Control District. December 21, 1978.
----------------------------------------------------------------------------------------------------------------
We proposed to approve these SIP revisions because we determined
that they comply with the relevant CAA requirements. Our proposed
action contains more information on the rules 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 one comment. The commenter suggests
recognizing emerging pollutants and climate-related terminology and
aligning definitions across all SIPs. The comment specifically suggests
that ``carbon dioxide equivalent,'' ``greenhouse gases,'' and ``net-
zero emissions'' be defined in the rule. We thank the commenter for
their comment, but the comment submitted did not change our assessment
of the rule as described in our proposed action. Under title I of the
CAA, the EPA establishes the national ambient air quality standards
(NAAQS) for six air pollutants, or criteria pollutants, known to be
harmful to human health and the environment.\1\ Section 110(a) of the
CAA requires states to submit SIPs that provide for implementation,
maintenance, and enforcement of each NAAQS. Since SIP actions must
pertain to the NAAQS, and the EPA has not established a NAAQS for
carbon dioxide or other greenhouse gases, the suggested revisions are
not required under the CAA; thus, this comment is outside the scope of
the EPA's authority in this action. Therefore, because this submittal
complies with the requirements of the CAA, the EPA is finalizing
approval, as proposed, under CAA section 110(k).
---------------------------------------------------------------------------
\1\ The EPA maintains a table of the current NAAQS here: <a href="https://www.epa.gov/criteria-air-pollutants/naaqs-table">https://www.epa.gov/criteria-air-pollutants/naaqs-table</a>.
---------------------------------------------------------------------------
III. EPA Action
No comments were submitted that change our assessment of the rule
as described in our proposed action. Therefore, as authorized in
section 110(k)(3) of the Act, the EPA is approving Rule 102 into the
Mojave Desert portion of the California SIP and rescinding the
definition rules listed in table 2 for the San Bernadino County Air
Pollution Control District and Riverside County Air Pollution Control
District. The September 28, 2020, version of Rule 102 will replace the
previously approved version of this rule in the SIP. Our final action
includes regulatory text in 40 CFR 52.220 that incorporates by
reference Rule 102 and rescinds the previously approved rules listed in
table 2.
IV. Incorporation by Reference
In this document, 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
MDAQMD, Rule 102, ``Definition of Terms,'' amended on September 28,
2020, which states the definition of terms used in MDAQMD rules. 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).
[[Page 609]]
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 March 9, 2026. 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 CAA section 307(b)(2)).
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.
Dated: December 22, 2025.
Michael Martucci,
Acting 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)(42)(xiii)(G),
(c)(42)(xiv)(E), (c)(542)(i)(A)(2), and (c)(587)(i)(B) to read as
follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(42) * * *
(xiii) * * *
(G) Previously approved on December 21, 1978, in paragraph
(c)(42)(xiii)(A) of this section and now deleted with replacement in
paragraph (c)(179)(i)(B)(1) of this section: Rule 102.
* * * * *
(xiv) * * *
(E) Previously approved on December 21, 1978, in paragraph
(c)(42)(xiv)(A) of this section and now deleted with replacement in
paragraph (c)(44)(v)(A) of this section: Rule 102.
* * * * *
(542) * * *
(i) * * *
(A) * * *
(2) Previously approved on November 12, 2020 in paragraph
(c)(542)(i)(A)(1) of this section and now deleted with replacement in
(c)(587)(i)(B)(1) of this section: Rule 102, ``Definition of Terms,''
amended on January 28, 2019.
* * * * *
(587) * * *
(i) * * *
(B) Mojave Desert Air Quality Management District.
(1) Rule 102, ``Definition of Terms,'' amended on September 28,
2020.
(2) [Reserved]
* * * * *
[FR Doc. 2026-00194 Filed 1-7-26; 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 January 8, 2026.
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.