Proposed Rule2026-20612
Air Quality Plan; Arizona; Maricopa County Air Quality Department; New Source Review; Emission Reduction Credits-Rule 204
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
October 8, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA) is proposing to approve a revision to the Maricopa County Air Quality Department (MCAQD or "Department") portion of the Arizona State Implementation Plan (SIP). This revision establishes a federally enforceable program allowing nonroad engine fleet owners/operators to generate emission reduction credits (ERCs) by either retrofitting their nonroad engines or replacing their nonroad engines with lower-emitting nonroad engines while meeting other Clean Air Act (CAA or "Act") requirements. These ERCs are intended for use as offsets for major stationary sources under the Department's Nonattainment New Source Review (NNSR) program. We are proposing to approve a local rule to allow for the generation of ERCs through voluntary nonroad engine emission reductions under the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Proposed Rules]
[Pages 64321-64324]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20612]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2026-4654; FRL-13434-01-R9]
Air Quality Plan; Arizona; Maricopa County Air Quality
Department; New Source Review; Emission Reduction Credits--Rule 204
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing to
approve a revision to the Maricopa County Air Quality Department (MCAQD
or ``Department'') portion of the Arizona State Implementation Plan
(SIP). This revision establishes a federally enforceable program
allowing nonroad engine fleet owners/operators to generate emission
reduction credits (ERCs) by either retrofitting their nonroad engines
or replacing their nonroad engines with lower-emitting nonroad engines
while meeting other Clean Air Act (CAA or ``Act'') requirements. These
ERCs are intended for use as offsets for major stationary sources under
the Department's Nonattainment New Source Review (NNSR) program. We are
proposing to approve a local rule to allow for the generation of ERCs
through voluntary nonroad engine emission reductions under the CAA.
DATES: Comments must be received on or before November 9, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2026-4654 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 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: Elijah Gordon, EPA Region IX, 75
Hawthorne St., San Francisco, CA 94105; telephone number: (415) 972-
3158; email address: <a href="/cdn-cgi/l/email-protection#086f677a6c6766266d6461626960486d7869266f677e"><span class="__cf_email__" data-cfemail="492e263b2d2627672c2520232821092c3928672e263f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this proposed rule, the use of
``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We use
multiple abbreviations and terms in this proposed rule. While this list
may not be exhaustive, for ease of reading and for reference purposes,
the EPA defines the following terms and acronyms here:
ADEQ--Arizona Department of Environmental Quality
CAA--Clean Air Act
CBI--Confidential Business Information
CFR--Code of Federal Regulations
EIP--economic incentive program
EPA--Environmental Protection Agency
ERC--emission reduction credit
FR--Federal Register
IBR--incorporation by reference
MCAQD--Maricopa County Air Quality Department
NAA--nonattainment area
NAAQS--national ambient air quality standards
NERC--nonroad engine emission reduction credit
NNSR--Nonattainment New Source Review
NO<INF>X</INF>--oxides of nitrogen
PM<INF>10</INF>--particulate matter 10 micrometers or smaller in
diameter
RFP--reasonable further progress
ROP--rate of progress
SIP--State Implementation Plan
TSD--technical support document
VOC--volatile organic compound
U.S.C.--United States Code
Table of Contents
I. Executive Summary
A. What action is the EPA taking?
B. What is the legal authority and what are the requirements?
II. Background
III. Summary of Arizona's Submittal
A. What did Arizona submit?
B. Deferred Action
IV. The EPA's Evaluation of Arizona's Submittal
A. Does the submittal meet the evaluation criteria?
B. Proposed Action and Public Comment
V. Incorporation by Reference
VI. Statutory and Executive Order Reviews
I. Executive Summary
A. What action is the EPA taking?
The EPA is proposing to approve the Arizona Department of
Environmental Quality's (ADEQ's) November 14, 2025, submittal of MCAQD
Rule 204, ``Emission Offsets Generated by Voluntary Nonroad Engine
Emission Reductions,'' as revised on November 5, 2025, (``Rule 204'')
(``MCAQD Rule 204 submittal'') into the Arizona SIP. As an economic
incentive program (EIP), Rule 204 allows for the generation of ERCs
from nonroad engines. When nonroad engines are replaced or retrofitted
with lower-emitting equipment, the resulting emissions reductions can
be banked and credited as ERCs to offset emissions increases elsewhere.
ERCs generated by this rule are intended to offset emissions increases
at major stationary sources as part of the preconstruction permit
process required by the CAA's NNSR program.
If finalized as proposed, Rule 204 would be incorporated into the
federally enforceable Maricopa County portion of the Arizona SIP with
one exception where the EPA is deferring action on a severable
provision of the MCAQD Rule 204 submittal. The provision, section 301.2
b.(3) of Rule 204, relies on and references MCAQD Rule 230, ``General
Permits'' (``Rule 230''), a rule that has not previously been approved
into the Arizona SIP. The EPA intends to act on this provision when
acting on the pending SIP submittal for Rule 230. In the interim, and
as described in section III.B of this document, this provision is not
otherwise needed to ensure Rule 204 meets CAA requirements.
Additionally, the EPA is proposing to approve the Department's EIP
support document \1\ into the non-regulatory portion of the Arizona
SIP. The Department's EIP support document contains relevant
information on how the MCAQD will ensure that the implementation of
Rule 204 will meet all CAA requirements.
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\1\ The Department's EIP support document is Appendix 18 of the
MCAQD Rule 204 submittal.
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B. What is the legal authority and what are the requirements?
We are taking this action under CAA section 110. Pursuant to CAA
section 110(a), States are required to submit SIPs to the EPA that
provide for the implementation, maintenance, and enforcement of the
national ambient air quality standards (NAAQS). CAA section 110(k)
requires SIPs to meet certain procedural requirements and requires the
EPA to approve or disapprove SIP submissions. CAA
[[Page 64322]]
section 110(l) requires States to provide public notice and an
opportunity for public hearing of SIP revisions prior to their
submittal and prohibits the EPA from approving any SIP revisions that
would interfere with attainment or maintenance of a NAAQS, reasonable
further progress, or other CAA applicable requirements. If a SIP
submittal meets all the applicable CAA requirements, then the EPA must
approve the submittal under CAA section 110(k)(3).
In evaluating the MCAQD Rule 204 submittal, the EPA must also
consider whether ERCs generated under the rule would meet the
requirements in CAA section 173 and 40 CFR 51.165. CAA section
173(c)(1) requires that emissions increases from a new or modified
stationary source ``shall be offset by an equal or greater reduction,
as applicable, in the actual emissions of such air pollutant from the
same or other sources in the area,'' meaning the emissions reductions
must be ``real'' and not a theoretical reduction in the source's
potential to emit; in other words, it requires that each offset
represents emissions that have been taken out of the air. CAA section
173(c)(2) only allows emissions reductions to be creditable as offsets
if they are not otherwise required by the CAA, meaning they must be
``surplus'' to other CAA requirements. Building on this, 40 CFR
51.165(a)(3)(ii)(C)(1)(i) requires offsets for SIP-approved NNSR
programs to be surplus, permanent, quantifiable, and federally
enforceable. Collectively, CAA section 173(c) and 40 CFR 51.165 require
offsets to be real, surplus, permanent, quantifiable, and federally
enforceable. Generally, emissions reductions meet these requirements if
they are based on reductions in actual emissions, have not been relied
upon in any air quality-related programs under the CAA, can be reliably
calculated using methods that can be replicated, will last in the
nonattainment area (NAA) for the life of the source utilizing the
credits, and are legally and practicably enforceable by the EPA.
As part of our review, we also considered the EPA's 2001 EIP
guidance document titled ``Improving Air Quality with Economic
Incentive Programs'' (``2001 EIP guidance''), which sets out the EPA's
non-binding guidelines on discretionary EIPs.\2\ An EIP is a regulatory
program that implements market-based strategies to achieve an air
quality objective. Rule 204 is considered an EIP because it provides a
framework for generating ERCs from nonroad engine sources. The ERCs
generated under the EIP may be traded with stationary sources to
provide the offsets required under a NNSR program. The 2001 EIP
guidance document does not represent final EPA action on the
requirements for EIPs, but it identifies several different types of
EIPs and proposed elements for each type that, if met, could ensure
that the program meets the applicable CAA requirements.
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\2\ A discretionary EIP is not subject to the requirements for
mandatory EIPs found in 40 CFR part 51, subpart U.
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II. Background
The MCAQD is the local air pollution control agency for Maricopa
County, Arizona and is responsible for regulating stationary sources of
air pollution within its boundaries. Portions of Maricopa County
designated nonattainment for the 2008 and 2015 ozone NAAQS are
classified as ``Moderate'' and portions of Maricopa County designated
nonattainment for the 1987 particulate matter 10 micrometers or smaller
in diameter (PM<INF>10</INF>) NAAQS are classified as ``Serious.'' \3\
Therefore, the MCAQD is required to implement a NNSR program, which
requires new or modified sources emitting ozone precursors or
PM<INF>10</INF> exceeding specific thresholds to secure surplus
emissions reductions to offset the proposed project's projected
emissions increases.<SUP>4 5</SUP>
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\3\ 40 CFR 81.303.
\4\ 40 CFR 51.165(a)(1)(iv). The major source threshold for both
VOC and NO<INF>X</INF>, which are precursors of ozone, is 100 tons
per year for the portions of Maricopa designated as Moderate
nonattainment for the 2008 and 2015 ozone NAAQS. The major source
threshold for the Serious PM<INF>10</INF> nonattainment areas is 70
tons per year for PM<INF>10</INF> and PM<INF>10</INF> precursors.
\5\ 40 CFR 51.165(a)(9)(ii). The offset ratio for Moderate ozone
nonattainment areas is at least 1.15 to 1. The offset ratio for
Serious PM<INF>10</INF> nonattainment areas is at least 1 to 1.
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The MCAQD states that the quantity of surplus emissions reductions
currently available for use as NNSR offsets do not appear sufficient to
support current and projected economic growth. The MCAQD developed Rule
204 to generate NNSR offsets for oxides of nitrogen (NO<INF>X</INF>)
and volatile organic compounds (VOC). Rule 204 creates a regulatory
structure for the generation and use of nontraditional ERCs from
nonroad engine sources, or nonroad engine ERCs (NERCs), for the
Department's NNSR program. The rule allows nonroad engine source fleet
owners/operators that permanently reduce NO<INF>X</INF> or VOC
emissions from their fleets, or ``generators,'' to trade those
reductions to stationary sources, or ``credit users,'' who can then use
them to offset their proposed NO<INF>X</INF> or VOC emissions increases
for the purpose of meeting NNSR requirements.
III. Summary of Arizona's Submittal
A. What did Arizona submit?
On November 14, 2025, the ADEQ, the Governor's designee for Arizona
SIP submittals, submitted the MCAQD Rule 204 submittal to the EPA on
behalf of the MCAQD. Table 1 lists the rule we are proposing for
inclusion in the Arizona SIP, which the ADEQ included in the submittal
with the Department's technical support materials.
Table 1--Rule Proposed for Inclusion in the Arizona SIP
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Local agency Rule No. Rule title Revised Submitted
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MCAQD............................... 204, except section Emission Offsets 11/5/25 11/14/25
301.2 b.(3). Generated by Voluntary
Nonroad Engine
Emission Reductions.
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On May 14, 2026, the MCAQD Rule 204 submittal became complete by
operation of law with respect to the completeness criteria in 40 CFR
part 51, appendix V.
Rule 204 outlines the requirements a generator must meet before the
Department can certify the emissions reductions as meeting the offset
requirements specified for NNSR programs. In general, the rule requires
the generator to submit certain information in its NERC application;
provides procedures for processing an application; provides
methodologies to calculate emissions reductions; requires the issuance
of NERC certificates; and provides ongoing monitoring, recordkeeping,
and reporting requirements for NERC generators. The rule also contains
certain requirements for the credit user and the Department. The EPA's
technical support document
[[Page 64323]]
(TSD) includes more information about this rule.
There are no previous versions of Rule 204 approved in the Arizona
SIP; however, the MCAQD adopted an earlier version of this rule on
December 11, 2019, and the ADEQ submitted it to the EPA on December 20,
2019 (``2019 submittal''). When the ADEQ submitted Rule 204 for
approval into the Arizona SIP, it also withdrew the 2019 submittal,
including the December 11, 2019 version of Rule 204.
B. Deferred Action
When acting on ERC applications, Rule 204 requires generators to
obtain permits that impose conditions that will make ERCs permanent and
enforceable.\6\ The rule lists three Maricopa County permit rules that
can be used as the mechanism for these permits. The permit rule listed
in section 301.2 b.(3) of Rule 204 is Maricopa County Rule 230 and has
not yet been approved into the Maricopa County portion of the Arizona
SIP.
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\6\ Rule 204, section 301.2 b.
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The EPA is therefore deferring action on section 301.2 b.(3) of
Rule 204. We plan to act on this provision when acting on the pending
SIP submittal for Rule 230.\7\ ERC generators will be able to use the
other SIP-approved permitting rules listed in Rule 204 to meet the
necessary requirements.
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\7\ On July 8, 2026, Rule 230 was submitted to the EPA for SIP
approval. The rule does not currently contain provisions for the
issuance of ERC general permits.
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IV. The EPA's Evaluation of Arizona's Submittal
A. Does the submittal meet the evaluation criteria?
The EPA finds that Rule 204, and the Department's accompanying
supplemental documents, comply with the applicable CAA requirements and
are consistent with relevant guidance. The EPA finds that the rule
ensures offsets will meet the offset requirements in CAA section 173
and 40 CFR 51.165, including that offsets be real, surplus, permanent,
quantifiable, and federally enforceable. Finally, the EPA finds that
the rule meets the substantive requirements for SIPs and SIP revisions
set forth in CAA sections 110(a)(2) and 110(l).
Rule 204 is focused on the creation of NO<INF>X</INF> and VOC
offsets for the NNSR permit program and includes requirements that
ensure offsets generated from nonroad engines meet the real, surplus,
permanent, quantifiable, and federally enforceable criteria in CAA
section 173 and 40 CFR 51.165(a)(3)(ii)(C)(1)(i). Specifically, Rule
204 requires generators to demonstrate that the captive fleet of
nonroad engines used to generate emissions reductions is based, and
operates, in the NAA and the fleet's operation inside the NAA is
quantifiable.\8\ Appendix A of Rule 204 articulates the calculation
formulas used to determine the quantity of NERCs that can be generated.
Generators must use actual emissions and actual operating data rather
than potential emissions when calculating emissions reductions.\9\ The
calculation method is fuel neutral, meaning any replaced or retrofitted
equipment that emits less NO<INF>X</INF> or VOC than the original
nonroad engine is eligible to generate NERCs. Rule 204's methodology
for quantifying emissions reductions is clear, replicable, and
enforceable.
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\8\ Rule 204, section 302.1 a.
\9\ Rule 204, sections 203 and 210.
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Rule 204 also lists the elements that are required to be in a NERC
application submittal.\10\ For example, information on the methodology
for quantifying the surplus reductions in qualifying emissions,
including emissions calculations, documentation of rated horsepower and
each original nonroad engine's historic hours of operation, and how
these rates were determined are required within a NERC application.
Once the generator submits the NERC application to the Department, the
Department must evaluate it to determine whether the proposed
qualifying emissions will result in real, surplus, permanent,
quantifiable, and federally enforceable emissions reductions.\11\ If
the Department determines that the criteria have been met, the
generator can then submit a permit application to the Department, in
accordance with the SIP-approved requirements of MCAQD Rule 210,
``Title V Permit Provisions,'' as revised on December 11, 2019 (``Rule
210''), or MCAQD Rule 220, ``Non-Title V Permit Provisions,'' as
revised on December 11, 2019 (``Rule 220''), seeking a new permit or
permit revision that imposes conditions to make the reductions in
qualifying emissions permanent and enforceable.\12\
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\10\ Rule 204, section 301.1 a.
\11\ Rule 204, section 301.2 a.
\12\ Rule 204, section 301.2 b. Rule 210 and Rule 220 were
approved into Maricopa County portion of the Arizona SIP on Feb. 15,
2022 (87 FR 8418).
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Generators of NERCs must demonstrate permanence through monitoring
and recordkeeping requirements that ensure replaced nonroad engines can
no longer operate in the NAA and/or that usage is not shifted to other
nonroad engines with higher emission factors within the captive fleet.
Rule 204 accomplishes this through numerous requirements including the
following: limiting the applicability of the rule to ``captive fleet''
\13\ nonroad engines; requiring the original baseline nonroad engine to
be permanently removed from the NAA or rendered permanently disabled
and disposed of; \14\ requiring any future replacement of a new or
retrofitted nonroad engine in the next 20 years to be with a nonroad
engine that is certified to the same or more stringent emission factor;
\15\ and related monitoring, recordkeeping, and reporting
requirements.\16\
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\13\ Rule 204, section 204.
\14\ Rule 204, section 302.2 d.
\15\ Rule 204, section 302.2 e.
\16\ E.g., Rule 204, sections 302.2, 401.2, 401.3, 501, 503,
504, and 505.
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Based on these and other requirements in Rule 204, the EPA finds
that NERCs issued under Rule 204 will be real, surplus, permanent,
quantifiable, and federally enforceable. Since Rule 204 is only focused
on the creation of offsets, the Department's existing SIP-approved NNSR
program is the predominate mechanism for the issuance of NNSR permits
in Maricopa County and for ensuring the permitting requirements in CAA
section 173 and 40 CFR 51.165 are met.\17\ The EPA finds that the
provisions of Rule 204 are also consistent with the Department's
existing NNSR program and would not alter how the program is
implemented.
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\17\ MCAQD Rule 240, ``Federal Major New Source Review (NSR),''
revised Dec. 11, 2019, contains the majority of the MCAQD's NNSR
program (87 FR 8418, Feb. 15, 2022).
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Regarding CAA section 110(a)(2) requirements, Rule 204 provides a
process for establishing federally enforceable emissions limitations
that will be used to generate offsets under the NNSR program. Rule 204
requirements and applicability are clear, and the monitoring,
recordkeeping, reporting, and other provisions ensure that compliance
can be consistently evaluated and determined. As stated previously, the
MCAQD evaluates proposed reductions in qualifying emissions, certifies
the reductions if they meet the certification criteria, issues permits
or permit revisions to incorporate requirements that make the
reductions in qualifying emissions permanent and federally enforceable,
and issues NERC certificates for the certified quantity of qualified
emissions reductions. Once NERCs are issued, Rule 204 requires
continuous monitoring of the fleets of nonroad engines to ensure
ongoing compliance.
[[Page 64324]]
Regarding CAA section 110(l) requirements, based on our review of
the public process material included in the submittal, the EPA finds
that the Department has provided sufficient evidence of public notice
and opportunity for comment and public hearings prior to adoption and
submittal of Rule 204 to the EPA. Finally, Rule 204 is a new rule that
does not relax any existing SIP provisions or interfere with any
applicable requirement concerning attainment and reasonable further
progress/rate of progress (RFP/ROP) demonstrations or any other CAA
requirements.
The EPA's TSD, which is in the docket for this action, contains a
detailed and complete evaluation of how Rule 204 and the accompanying
supplemental documents satisfy all applicable CAA requirements.
B. Proposed Action and Public Comment
As authorized in CAA section 110(k)(3), the EPA proposes to approve
the MCAQD Rule 204 submittal, except for section 301.2 b.(3) of Rule
204, because it fulfills all relevant requirements. We will accept
comments from the public on this proposal until November 9, 2026. If we
finalize approval of the MCAQD Rule 204 submittal, our final action
will incorporate Rule 204, except section 301.2 b.(3), into the
federally enforceable Maricopa County portion of the Arizona SIP and
add MCAQD's EIP support document into the non-regulatory portion of the
Arizona SIP. These revisions would be codified at 40 CFR 52.120.
V. Incorporation by Reference
In this document, the EPA is proposing to include in a final EPA
rule regulatory text that includes incorporation by reference. In
accordance with requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference Maricopa County Air Quality Department Rule
204, except section 301.2 b.(3), ``Emission Offsets Generated by
Voluntary Nonroad Engine Emission Reductions,'' revised November 5,
2025, which establishes a program allowing fleet owners/operators to
generate ERCs by either retrofitting or replacing existing fleet
nonroad engines with lower-emitting nonroad engines and meeting other
ongoing requirements. 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).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations (42 U.S.C. 7410(k); 40 CFR 52.02(a)). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve State law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by State law. For that reason, this proposed action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not an Executive Order 14192 (90 FR 9065, February 6,
2025) regulatory action because this action is not significant 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 oxides, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: October 5, 2026.
Michael Martucci,
Acting Regional Administrator, Region IX.
[FR Doc. 2026-20612 Filed 10-7-26; 8:45 am]
BILLING CODE 6560-50-P
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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.