Rule2026-05591
Air Plan Revisions; California; Mojave Desert Air Quality Management District; New Source Review; Stationary Source Permits
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
March 23, 2026
Effective
April 22, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing conditional approval of five permitting rules as a revision to the Mojave Desert Air Quality Management District (MDAQMD or the "District") portion of the California State Implementation Plan (SIP). These are revisions to the District's New Source Review (NSR) air permitting program rules for new and modified sources of air pollution under part D of title I of the Clean Air Act (CAA or "Act").
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 55 (Monday, March 23, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 55 (Monday, March 23, 2026)]
[Rules and Regulations]
[Pages 13774-13777]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05591]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2025-0625; FRL-12877-03-R9]
Air Plan Revisions; California; Mojave Desert Air Quality
Management District; New Source Review; Stationary Source Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is finalizing
conditional approval of five permitting rules as a revision to the
Mojave Desert Air Quality Management District (MDAQMD or the
``District'') portion of the California State Implementation Plan
(SIP). These are revisions to the District's New Source Review (NSR)
air permitting program rules for new and modified sources of air
pollution under part D of title I of the Clean Air Act (CAA or
``Act'').
[[Page 13775]]
DATES: This rule is effective on April 22, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R09-OAR-2025-0625 at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 the disclosure of which 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 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: Cecelia Working, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; by phone: (213) 244-1911; or by
email to <a href="/cdn-cgi/l/email-protection#aaddc5d8c1c3c4cd84c9cfc9cfeacfdacb84cdc5dc"><span class="__cf_email__" data-cfemail="3e49514c55575059105d5b5d5b7e5b4e5f10595148">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to the EPA.
Table of Contents
I. Proposed Action and Interim Final Determination To Stay or Defer
Sanctions
II. Public Comments and EPA Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Proposed Action and Interim Final Determination To Stay or Defer
Sanctions
On July 24, 2025 (90 FR 34785), the EPA proposed to conditionally
approve the rules listed below. Table 1 lists the rules addressed by
this proposal with the dates they were amended or revised by the MDAQMD
and submitted by the California Air Resources Board (CARB), the agency
that serves as the governor's designee for California SIP submittals.
Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
Adoption/
Rule No. Rule title amendment date Submitted date
----------------------------------------------------------------------------------------------------------------
1301.................................... New Source Review Definitions... 3/25/2024 8/7/2024
1302 \a\................................ New Source Review Procedure..... 3/25/2024 8/7/2024
1303.................................... New Source Review Requirements.. 3/25/2024 8/7/2024
1304.................................... New Source Review Emissions 3/25/2024 8/7/2024
Calculations.
1305.................................... New Source Review Emission 3/25/2024 8/7/2024
Offsets.
----------------------------------------------------------------------------------------------------------------
\a\ Subsections 1302(C)(5)(d) and 1302(C)(7)(c)(iii) of Rule 1302 specifically state that subsections 1302(C)(5)
and 1302(C)(7)(c) are not submitted to the EPA and are not intended to be included as part of the California
SIP.
A. What was the purpose of the submitted rule revisions?
The August 7, 2024 submittal is intended to address certain
deficiencies that the EPA had identified in earlier versions of the
MDAQMD Rules 1301, 1302, 1303, 1304, and 1305. The deficiencies pertain
to certain applicable nonattainment NSR (NNSR) requirements under the
CAA, in part D of title I of the Act, and the implementing regulations
under 40 CFR part 51.165. Portions of the MDAQMD are currently
designated as Moderate nonattainment for the 1987 PM<INF>10</INF> NAAQS
and as Severe nonattainment for the 2008 and 2015 8-hour ozone
NAAQS.\1\ The rules listed in Table 1 are intended to replace the rules
currently in the SIP.
---------------------------------------------------------------------------
\1\ 40 CFR 81.305.
---------------------------------------------------------------------------
In our proposed rule, we determined that the MDAQMD's submitted
rules could not be fully approved without supplementation from the
MDAQMD and CARB. However, we determined that the submitted rules could
be conditionally approved based upon commitments from the MDAQMD and
CARB to supplement MDAQMD Rule 1304 through submission, as a SIP
revision (within one year of our final conditional approval action), of
a revised MDAQMD rule that would rescind the deficient provision from
MDAQMD Rule 1304.\2\ Please see our proposed rule for more information
concerning the background for this action and for a more detailed
discussion of the rationale for our conditional approval of MDAQMD
Rules 1301, 1302, 1303, 1304, and 1305.
---------------------------------------------------------------------------
\2\ See 90 FR 34785, 34787-88.
---------------------------------------------------------------------------
B. Interim Final Determination To Defer Sanctions
In addition, on July 24, 2025,\3\ the EPA published an Interim
Final Determination to stay the imposition of the offset sanction and
defer the imposition of the highway sanction that was triggered by our
June 30, 2023 limited disapproval of an earlier version of the MDAQMD's
NSR rules.\4\
---------------------------------------------------------------------------
\3\ 90 FR 34766.
\4\ 88 FR 42258.
---------------------------------------------------------------------------
II. Public Comments and EPA Action
The EPA's proposed action provided a 30-day public comment period.
The public comment period on the proposed rule opened on July 24, 2025,
the date of its publication in the Federal Register, and closed on
August 25, 2025. During this period, the EPA received one comment
letter submitted by an anonymous commenter. The EPA also received one
comment letter from an anonymous commenter on the interim final
determination to defer sanctions that accompanied the proposed rule.
Copies of the comment letters are included in the docket for this
action and accessible at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Comment #1: The commenter requests that the EPA require the MDAQMD
and permit applicants to include carbon dioxide emission estimates and
the associated social cost calculations for new or modified sources,
provide technical guidance on using the federal social cost of carbon
in permit evaluations, and consider the long-term climate and economic
consequences of exempting or under-evaluating carbon dioxide emissions
in future permit decisions.
Response to Comment #1: The EPA does not agree with the commenter.
This action relates to the MDAQMD's minor and NNSR programs and the
EPA's minor and NNSR regulations do not require states to regulate
carbon dioxide.\5\
---------------------------------------------------------------------------
\5\ See 75 FR 31514, 31520 (June 3, 2010) (``There is no NAAQS
for CO<INF>2</INF> or any of the other well-mixed GHGs, nor has EPA
proposed any such NAAQS; therefore, unless and until we take further
such action, we do not anticipate that the nonattainment NSR program
will apply to GHGs.''). EPA rulemakings have clarified that
stationary source preconstruction permitting requirements for GHGs
do not apply to nonmajor sources. Id; see also 80 FR 26183 (May 7,
2015), 80 FR 50199 (August 19, 2015). Our position on these topics
remains unchanged.
---------------------------------------------------------------------------
[[Page 13776]]
Comment #2: The commenter encourages the EPA to assess the
potential greenhouse gas emissions impact of deferred sanctions,
provide guidance to state and local agencies on incorporating carbon
dioxide co-benefit analyses into SIP-related compliance and enforcement
decisions, and ensure that regulatory flexibility does not compromise
long-term environmental resilience or undermine the public trust in CAA
enforcement.
Response to Comment #2: As we explain above in our response to the
comment we received on the proposed action on MDAQMD's rules, the EPA
does not regulate carbon dioxide or other well-mixed greenhouse gases
through the minor or NNSR programs. In addition, the EPA does not
consider the comment on regulatory flexibility to be germane to this
action, which is limited to our evaluation of the MDAQMD's minor and
NNSR rules for compliance with specific statutory and regulatory
provisions that we describe in detail in our proposed rulemaking
documents. Our proposed action contains our analysis of how the
MDAQMD's submittal addresses, for the most part, the substantive minor
and NNSR statutory and regulatory requirements. Our proposed action
also contains the EPA's analysis that Rule 1304 contains a remaining
deficiency and the fact that CARB and the MDAQMD have provided a
written commitment to address this deficiency within one year of the
effective date of this final action. This analysis provides the basis
for our stay of the imposition of sanctions.
The comments we received on our proposed action and on our interim
final determination do not change our assessment of the submitted
rules, as described in our proposed action. Therefore, the EPA is
taking final action to conditionally approve the submitted rules into
the SIP. Pursuant to CAA section 110(k)(4), we are finalizing our
conditional approval of the August 7, 2024 submittal of MDAQMD Rules
1301, 1302, 1303, 1304, and 1305, on the basis that they mostly address
the substantive statutory and regulatory requirements for minor and
NNSR permit programs. Our approval is conditional on the basis of a
commitment by CARB and the MDAQMD to revise Rule 1304 to correct the
remaining deficiency within one year of the effective date of this
final conditional approval action. Our action will be codified through
revisions to 40 CFR 52.220 (Identification of plan--in part) and 40 CFR
52.248 (Identification of plan--conditional approval). Pursuant to 40
CFR 52.31(d)(3)(iii), our conditional approval of the August 7, 2024
submission stays the application of the offset and highway sanctions
unless this conditional approval converts to a disapproval or the EPA
proposes to or takes final action to disapprove in whole or in part the
revised SIP the State submits to fulfill its commitment in the
conditionally-approved plan.
III. 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 incorporating by reference the MDAQMD Rules 1301,
1302, 1303, 1304, and 1305, which the MDAQMD adopted on March 25, 2024.
These rules are intended to address the CAA's statutory and regulatory
requirements for NNSR permit programs for major sources emitting
nonattainment air pollutants under part D of title I of the CAA. 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 review state choices
and approve those choices if they meet the minimum criteria of the Act.
Accordingly, this action merely approves state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law.
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not expected to be an Executive Order 14192
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA because this action does not impose additional requirements
beyond those imposed by state law.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. This
action will not impose any requirements on small entities beyond those
imposed by state law.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by state law. Accordingly, no additional costs to
state, local, or tribal governments, or to the private sector, will
result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Coordination With Indian Tribal Governments
This action does not have Tribal implications, as specified in
Executive Order 13175, because 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, and will not
impose substantial direct costs on Tribal governments or preempt Tribal
law. Thus, Executive Order 13175 does not apply to this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that
[[Page 13777]]
the EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this action is not subject to Executive
Order 13045 because it merely approves state law as meeting federal
requirements. Furthermore, the EPA's Policy on Children's Health does
not apply to this action.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs the EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or otherwise impractical. The EPA
believes that this action is not subject to the requirements of section
12(d) of the NTTAA because application of those requirements would be
inconsistent with the CAA.
K. Congressional Review Act (CRA)
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of 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).
L. Petitions for Judicial Review
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 May 22, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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, Administrative practice and procedure,
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.
Dated: March 11, 2026.
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)(600)(i)(A)(9) and
(c)(631) to read as follows:
Sec. 52.220 Identification of plan--in part.
* * * * *
(c) * * *
(600) * * *
(i) * * *
(A) * * *
(9) Previously approved on June 30, 2023, in paragraphs
(c)(600)(i)(A)(3)-(7) of this section and now deleted with replacement
in paragraphs (c)(631)(i)(A)(1)-(5) of this section: Rule 1301, ``New
Source Review Definitions''; Rule 1302, ``New Source Review Procedure''
(except subsections (C)(5) and (C)(7)(c)); Rule 1303, ``New Source
Review Requirements''; Rule 1304 ``New Source Review Emissions
Calculations''; and Rule 1305, ``New Source Review Emission Offsets'';
all of which were amended on March 22, 2021.
* * * * *
(631) The following regulations were submitted electronically on
August 7, 2024, by the Governor's designee as an attachment to a letter
dated August 7, 2024.
(i) Incorporation by reference. (A) Mojave Desert Air Quality
Management District.
(1) Rule 1301, ``New Source Review Definitions,'' amended on March
25, 2024.
(2) Rule 1302, ``New Source Review Procedure,'' (except subsections
1302(C)(5) and 1302(C)(7)(c)), amended on March 25, 2024.
(3) Rule 1303, ``New Source Review Requirements,'' amended on March
25, 2024.
(4) Rule 1304, ``New Source Review Emissions Calculations,''
amended on March 25, 2024.
(5) Rule 1305, ``New Source Review Emissions Offsets,'' amended on
March 25, 2024.
(B) [Reserved]
(ii) [Reserved]
* * * * *
0
3. Section 52.248 is amended by adding paragraph (n) to read as
follows:
Sec. 52.248 Identification of plan--conditional approval.
* * * * *
(n) The EPA is conditionally approving the California State
Implementation Plan (SIP) for Mojave Desert for the 2008 ozone NAAQS,
2015 ozone NAAQS, and 1987 PM<INF>10</INF> NAAQS with respect to the
nonattainment New Source Review requirements of CAA section 173. The
conditional approval is based on a commitment from the Mojave Desert
Air Quality Management District (District) in a letter dated June 12,
2025, to adopt a specific rule revision, and a commitment from the
California Air Resources Board (CARB) dated June 17, 2025, to submit
the amended District rule to the EPA within 12 months of the effective
date of the final conditional approval. If the District or CARB fail to
meet their commitments within one year of the effective date of the
final conditional approval, the conditional approval is treated as a
disapproval.
[FR Doc. 2026-05591 Filed 3-20-26; 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 March 23, 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.