Rule2026-06386
Air Quality Plan; California; Mojave Desert Air Quality Management District; Replacing Outdated Requirements; Correction
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
April 2, 2026
Effective
April 2, 2026
Issuing agencies
Environmental Protection Agency
Abstract
On January 8, 2026, the EPA published a final rule in the Federal Register approving revisions to the California State Implementation Plan (SIP). In the final rule, the EPA included inaccurate amendatory instructions that prevented full incorporation of the final rule into the Code of Federal Regulations (CFR). This correction will ensure the revisions the EPA approved for the Mojave Desert Air Quality Management District's (MDAQD) portion of the California SIP are fully reflected in the CFR.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Rules and Regulations]
[Pages 16555-16556]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06386]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2024-0210; FRL-11949-03-R9]
Air Quality Plan; California; Mojave Desert Air Quality
Management District; Replacing Outdated Requirements; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On January 8, 2026, the EPA published a final rule in the
Federal Register approving revisions to the California State
Implementation Plan (SIP). In the final rule, the EPA included
inaccurate amendatory instructions that prevented full incorporation of
the final rule into the Code of Federal Regulations (CFR). This
correction will ensure the revisions the EPA approved for the Mojave
Desert Air Quality Management District's (MDAQD) portion of the
California SIP are fully reflected in the CFR.
DATES: This action is effective on April 2, 2026.
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#630615020d100b0c131306114d0f0208060d1a02230613024d040c15"><span class="__cf_email__" data-cfemail="3c594a5d524f54534c4c594e12505d575952455d7c594c5d125b534a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This action corrects an error in the
amendatory instructions in a final rulemaking affecting 40 CFR part 52.
On January 8, 2026 (91 FR 613), the EPA published a final rule
approving amended or rescinded prohibitory and administrative rule
revisions adopted by the Mojave Desert Air Quality Management District
(MDAQMD) and submitted by the California Air Resources Board (CARB) as
a revision to the California SIP.
The EPA's January 8, 2026 final rule included amendatory
instructions for section 52.220 (of title 40 of the CFR) to add
paragraph (c)(42)(xiii)(G) to read as follows: ``(G) Previously
approved on June 3, 1980, in paragraph (c)(42)(xiii)(C) of this section
and now deleted with replacement in paragraph (c)(610)(i)(D)(7) of this
section: Rule 702.'' However, paragraph (c)(42)(xiii)(G) had already
been added by another final rule published at 91 FR 607 on the same
day. Due to these inaccurate amendatory instructions, the paragraph
that the EPA had intended to add to the CFR through the EPA's final
rule published at 91 FR 613 could not be added. The EPA is correcting
the error by adding paragraph (c)(42)(xiii)(H) to 40 CFR 52.220 to
read: ``(H) Previously approved on June 3, 1980, in paragraph
(c)(42)(xiii)(C) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(7) of this section: Rule 702.''
The EPA has determined that this action falls under the ``good
cause'' exemption in section 553(b)(B) of the Administrative Procedure
Act (APA) which, upon finding ``good cause,'' authorizes agencies to
dispense with public participation where public notice and comment
procedures are impracticable, unnecessary, or contrary to the public
interest. Public notice and comment for this action is unnecessary
because the underlying rule for which this correcting amendment has
been prepared was already subject to a 30-day comment period. Further,
this action is consistent with the purpose and rationale of the final
rule for which inaccurate amendatory instructions are being corrected
herein. Because this action does not change the EPA's analysis or
overall action, no purpose would be served by additional public notice
and comment. Consequently, additional public notice and comment are
unnecessary.
The EPA also finds that there is good cause under APA section
553(d)(3) for this correction to become effective on the date of
publication of this action. Section 553(d)(3) of the APA allows an
effective date of less than 30 days after publication ``as otherwise
provided by the agency for good cause found and published with the
rule.'' 5 U.S.C. 553(d)(3). The purpose of the 30-day waiting period
prescribed in APA section 553(d)(3) is to give affected parties a
reasonable time to adjust their behavior and prepare before the final
rule takes effect. This rule does not create any new regulatory
requirements such that affected parties would need time to prepare
before the rule takes effect. This action merely corrects inaccurate
amendatory instructions in the previous rulemaking. For this reason,
the EPA finds good cause under APA section 553(d)(3) for this
correction to become effective on the date of publication of this
action.
Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and is therefore not
subject to review by the Office of Management and Budget, and because
SIP actions are exempt from review under Executive Order 12866, this
action is not subject to Executive Order 14192 (90 FR 9065, February 6,
2025).
In addition, because this action merely corrects inaccurate
amendatory instructions in a previous rulemaking, this action does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.); does not impose any
enforceable duty or contain any unfunded mandate as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); does not have
federalism implications as specified in Executive Order 13132 (64 FR
43255,
[[Page 16556]]
August 10, 1999); is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997); is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); 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); and 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).
Because this action is not subject to notice-and-comment
requirements under the APA or any other statute, it is not subject to
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.).
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA will submit a
report containing this rule and other required information to the U.S.
Senate, the U.S. House of Representatives and the Comptroller General
of the General Accounting Office prior to publication of this rule in
the Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen oxides, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: March 26, 2026.
Michael Martucci,
Acting Regional Administrator, Region IX.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 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 paragraph (c)(42)(xiii)(H) to
read as follows:
Sec. 52.220 Identification of plan-in part.
* * * * *
(c) * * *
(42) * * *
(xiii) * * *
(H) Previously approved on June 3, 1980, in paragraph
(c)(42)(xiii)(C) of this section and now deleted with replacement in
paragraph (c)(610)(i)(D)(7) of this section: Rule 702.
* * * * *
[FR Doc. 2026-06386 Filed 4-1-26; 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 April 2, 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.