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[Federal Register Volume 89, Number 233 (Wednesday, December 4, 2024)]
[Rules and Regulations]
[Pages 96103-96106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27627]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2024-0209; FRL-11948-02-R9]

Air Plan Approval; California; Mojave Desert Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action 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 recodification of 
prohibitory and administrative rules used by the District to regulate 
air pollutants under the Clean Air Act (CAA or the Act) including 
volatile organic compounds (VOCs), oxides of nitrogen (NOX) 
and particulate matter (PM). The intended effect is to update the 
California SIP to reflect the recodified rules.

DATES: These rules are effective January 3, 2025.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID No. EPA-R09-OAR-2024-0209. All documents in the docket are 
listed on the https://www.regulations.gov 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 https://www.regulations.gov, 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: La Kenya Evans-Hopper, EPA Region IX, 
75 Hawthorne St., San Francisco, CA 94105; phone: (415) 972-3245; 
email: [email protected].

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

    On July 16, 2024 (89 FR 57819), under CAA section 110(k)(3), the 
EPA proposed to approve certain MDAQMD rules because they represent 
recodifications of existing SIP rules. The EPA also proposed to approve 
certain rescissions of existing SIP rules for the Riverside County 
portion of the MDAQMD SIP because they mirror recodified rules that 
were proposed for approval.\1\
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    \1\ The MDAQMD's jurisdiction includes the desert portion of San 
Bernardino County and the far eastern portion of Riverside County.
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    In our proposed rule, we described the complicated regulatory 
history of the MDAQMD from the early 1970's to the present time. The 
applicable SIP for the area the District now regulates consists of a 
mixture of rules from current and former agencies. Rules adopted by 
MDAQMD apply District-wide; rules adopted by the San Bernardino County 
Air Pollution Control District (SBCAPCD) apply only in the San 
Bernardino County portion of the District; and rules adopted by the 
Riverside County APCD (RCAPCD), the Southern California APCD 
(SoCalAPCD), or the South Coast Air Quality Management District 
(SCAQMD) only apply in the Riverside County portion of the District. 
The purpose of the SIP revisions that are the subject of this action is 
to align the SIP versions of the rules with those that are in effect in 
the MDAQMD.
    Table 1 lists the MDAQMD rules that were submitted for inclusion in 
the SIP with the date each rule was adopted and then submitted by the 
California Air Resources Board (CARB).\2\ When these rules were 
submitted, CARB also requested rescission of the analogous rules in the 
SIP that were adopted by SCAQMD.\3\ Table 2 lists the rules to be 
rescinded by this action with the dates that they were adopted by 
SCAQMD, approved by the EPA (with the associated Federal Register 
citations), subsequently rescinded by MDAQMD, and then submitted by 
CARB for rescission.
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    \2\ The SBCAPCD rules have adoption dates prior to the formation 
of the MDAQMD because the rules were not revised or amended when the 
MDAQMD was formed and first adopted its rulebook. The rules were 
merely recodified as being MDAQMD rules that apply District-wide.
    \3\ The versions of Rules 104, 408, 443, 468, 469 and 472 that 
are currently part of the applicable SIP for the Riverside County 
portion of the MDAQMD were adopted by the SoCalAPCD, rather than the 
SCAQMD.

[[Page 96104]]

                                            Table 1--Submitted Rules
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                                                                Adopted/amended/
        Local agency           Rule No.       Rule title          revised date             Submittal date
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MDAQMD......................        104  Reporting of Source  December 19, 1988..  October 13, 2023.
                                          Test Data and
                                          Analyses.
MDAQMD......................        404  Particulate Matter-- July 25, 1977......  May 11, 2023.
                                          Concentration.
MDAQMD......................        405  Solid Particulate    July 25, 1977......  May 11, 2023.
                                          Matter--Weight.
MDAQMD......................        407  Liquid and Gaseous   July 25, 1977......  September 23, 2022.
                                          Air Contaminants.
MDAQMD......................        408  Circumvention......  July 25, 1977......  May 11, 2023.
MDAQMD......................        409  Combustion           July 25, 1977......  May 11, 2023.
                                          Contaminants.
MDAQMD......................        443  Labeling of          July 25, 1977......  May 11, 2023.
                                          Solvents.
MDAQMD......................        468  Sulfur Recovery      July 25, 1977......  November 30, 2022.
                                          Units.
MDAQMD......................        469  Sulfuric Acid Units  July 25, 1977......  November 30, 2022.
MDAQMD......................        472  Reduction of Animal  July 25, 1977......  May 11, 2023.
                                          Matter.
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                                                           Table 2--Submitted Rule Rescissions
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                                                             Adopted/amended/      SIP approval date    Date of rescission
           Local agency                     Title              revised date         and FR citation          by MDAQMD              Submittal date
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SCAQMD Rule 104...................  Reporting of Source    January 9, 1976.....  June 14, 1978, 43 FR  April 24, 2023......  October 13, 2023.
                                     Test Data and                                25684.
                                     Analyses.
SCAQMD Rule 408...................  Circumvention........  May 7, 1976.........  June 14, 1978, 43 FR  April 25, 2022......  May 11, 2023.
                                                                                  25684.
SCAQMD Rule 443...................  Labeling of Solvents.  January 1, 1977.....  June 14, 1978, 43 FR  October 24, 2022....  May 11, 2023.
                                                                                  25684.
SCAQMD Rule 468...................  Sulfur Recovery Units  October 8, 1976.....  June 14, 1978, 43 FR  August 22, 2022.....  November 30, 2022.
                                                                                  25684.
SCAQMD Rule 469...................  Sulfuric Acid Units..  October 8, 1976.....  June 14, 1978, 43 FR  August 22, 2022.....  November 30, 2022.
                                                                                  25684.
SCAQMD Rule 472...................  Reduction of Animal    May 7, 1976.........  June 14, 1978, 43 FR  August 22, 2022.....  May 11, 2023.
                                     Matter.                                      25684.
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    Table 3 lists the previously-approved rules that had been adopted 
by the SBCAPCD along with their local adoption dates and EPA approval 
citations. Upon final approval of the MDAQMD rules listed in table 1, 
the SCBAPCD rules in table 3 will be superseded in the applicable SIP 
by the corresponding MDAQMD rules.

                  Table 3--SIP Rules To Be Superseded Upon Approval of Rules Listed in Table 1
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                                                                      Adopted/ amended/    SIP approval date and
          Local agency            Rule No.        Rule title             revised date           FR citation
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SBCAPCD........................        104  Reporting of Source     December 19, 1988....  November 27, 1990, 55
                                             Test Data and                                  FR 49281.
                                             Analyses.
SBCAPCD........................        404  Particulate Matter--    July 25, 1977........  December 21, 1978, 43
                                             Concentration.                                 FR 59489.
SBCAPCD........................        405  Solid Particulate       July 25, 1977........  December 21, 1978, 43
                                             Matter--Weight.                                FR 59489.
SBCAPCD........................        407  Liquid and Gaseous Air  February 1, 1977.....  September 8, 1978, 43
                                             Contaminants.                                  FR 40011.
SBCAPCD........................        408  Circumvention.........  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD........................        409  Combustion              February 1, 1977.....  September 8, 1978, 43
                                             Contaminants.                                  FR 40011.
SBCAPCD........................        443  Labeling of Solvents..  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD........................        468  Sulfur Recovery Units.  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD........................        469  Sulfuric Acid Units...  February 1, 1977.....  September 8, 1978, 43
                                                                                            FR 40011.
SBCAPCD........................        472  Reduction of Animal     February 1, 1977.....  September 8, 1978, 43
                                             Matter.                                        FR 40011.
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    As explained in the proposed rule, we reviewed these particular 
submitted MDAQMD rules as recodifications of existing rules and did not 
review the substance of the rules at this time.\4\ The EPA proposed to 
approve the rules in table 1 to replace identical rules in table 3 that 
were previously-approved by the EPA but that only apply to a geographic 
subset of the District. For additional information about our proposed 
action and rationale, please see our proposed rule.
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    \4\ We followed the guidance from the EPA memorandum dated 
February 12, 1990, from Johnnie L. Pearson, Chief, Regional 
Activities Section, EPA Office of Air Quality Planning and Standards 
to Chief, Air Branch, Regions I-X, ``Review of State Regulation 
Recodifications.''
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II. Public Comments and EPA Responses

    The EPA's proposed action provided a 30-day public comment period. 
During this period, we received no comments.

III. EPA Action

    Under CAA section 110(k)(3), and for the reasons given in the 
proposed rule and summarized herein, the EPA is taking final action to 
approve the submitted rules in table 1 because they represent 
recodifications of existing SIP rules. The rules in table 1 will 
supersede the rules in table 3. The EPA is also taking final action to 
approve the rescissions listed in table 2 because they mirror 
recodified rules that we are approving. Our final action incorporates 
the submitted rules into the SIP and removes from the applicable SIP 
the rules that have been rescinded or superseded.

IV. 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 finalizing the incorporation by reference of the 
MDAQMD rules listed in table 1 of this preamble, which includes certain 
administrative and prohibitory rules that control emissions of VOCs, 
NOX, and PM. The EPA has made, and will continue to make, 
these documents available through www.regulations.gov and at the EPA 
Region IX Office (please

[[Page 96105]]

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 Clean Air Act, 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 Clean Air Act. 
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:
     Is not a significant regulatory action subject to review 
by the Office of Management and Budget under Executive Orders 12866 (58 
FR 51735, October 4, 1993) and 14094 (88 FR 21879, April 11, 2023);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     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.);
     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);
     Does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it approves a State program;
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001); and
     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 Clean Air Act.
    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).
    Executive Order 12898 (Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations, 59 FR 7629, 
February 16, 1994) directs Federal agencies to identify and address 
``disproportionately high and adverse human health or environmental 
effects'' of their actions on communities with environmental justice 
(EJ) concerns to the greatest extent practicable and permitted by law. 
The EPA defines EJ as ``the fair treatment and meaningful involvement 
of all people regardless of race, color, national origin, or income 
with respect to the development, implementation, and enforcement of 
environmental laws, regulations, and policies.'' The EPA further 
defines the term fair treatment to mean that ``no group of people 
should bear a disproportionate burden of environmental harms and risks, 
including those resulting from the negative environmental consequences 
of industrial, governmental, and commercial operations or programs and 
policies.''
    The air agency did not evaluate environmental justice 
considerations as part of its SIP submittal; the CAA and applicable 
implementing regulations neither prohibit nor require such an 
evaluation. The EPA did not perform an EJ analysis and did not consider 
EJ in this action. Consideration of EJ is not required as part of this 
action, and there is no information in the record inconsistent with the 
stated goal of E.O. 12898 of achieving EJ for communities with EJ 
concerns.
    This action is subject to the Congressional Review Act, 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 Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by February 3, 2025. 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 section 307(b)(2).)

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.

    Dated: November 19, 2024.
Martha Guzman Aceves,
Regional Administrator, Region IX.

    For the reasons stated in the preamble, the EPA 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)(31)(vi)(J), 
(c)(32)(iv)(H) through (J), (c)(37)(i)(E) and (F), (c)(39)(ii)(M) 
through (S), (c)(42)(xiii)(E) and (F), (c)(179)(i)(B)(4), 
(c)(610)(i)(D), and (c)(620) through (622) to read as follows:

Sec.  52.220  Identification of plan-in part.

* * * * *
    (c) * * *
    (31) * * *
    (vi) * * *
    (J) Previously approved on June 14, 1978, in paragraph 
(c)(31)(vi)(B) of this section and now deleted with replacement in 
paragraph (c)(622)(i)(A)(1) of this section for implementation in the 
Mojave Desert Air Quality Management District: Rule 104.
* * * * *
    (32) * * *
    (iv) * * *
    (H) Previously approved on June 14, 1978, in paragraph 
(c)(32)(iv)(A) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(3) of this section for implementation in the 
Mojave Desert Air Quality Management District: Rule 408.
    (I) Previously approved on June 14, 1978, in paragraph 
(c)(32)(iv)(A) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(5) of this section for implementation in the 
Mojave Desert Air Quality Management District: Rule 443.
    (J) Previously approved on June 14, 1978, in paragraph 
(c)(32)(iv)(A) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(6) of this section for implementation in the 
Mojave Desert

[[Page 96106]]

Air Quality Management District: Rule 472.
* * * * *
    (37) * * *
    (i) * * *
    (E) Previously approved on June 14, 1978, in paragraph 
(c)(37)(i)(A) of this section and now deleted with replacement in 
paragraph (c)(621)(i)(A)(1) of this section for implementation in the 
Mojave Desert Air Quality Management District: Rule 468.
    (F) Previously approved on June 14, 1978, in paragraph 
(c)(37)(i)(A) of this section and now deleted with replacement in 
paragraph (c)(621)(i)(A)(2) of this section for implementation in the 
Mojave Desert Air Quality Management District: Rule 469.
* * * * *
    (39) * * *
    (ii) * * *
    (M) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(620)(i)(A)(1) of this section: Rule 407.
    (N) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(3) of this section: Rule 408.
    (O) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(4) of this section: Rule 409.
    (P) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(5) of this section: Rule 443.
    (Q) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(621)(i)(A)(1) of this section: Rule 468.
    (R) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(621)(i)(A)(2) of this section: Rule 469.
    (S) Previously approved on September 8, 1978, in paragraph 
(c)(39)(ii)(C) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(6) of this section: Rule 472.
* * * * *
    (42) * * *
    (xiii) * * *
    (E) Previously approved on December 21, 1978, in paragraph 
(c)(42)(xiii)(A) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(1) of this section: Rule 404.
    (F) Previously approved on December 21, 1978, in paragraph 
(c)(42)(xiii)(A) of this section and now deleted with replacement in 
paragraph (c)(610)(i)(D)(2) of this section: Rule 405.
* * * * *
    (179) * * *
    (i) * * *
    (B) * * *
    (4) Previously approved on November 27, 1990, in paragraph 
(c)(179)(i)(B)(1) of this section and now deleted with replacement in 
paragraph (c)(622)(i)(A)(1) of this section: Rule 104, amended on 
December 19, 1988.
* * * * *
    (610) * * *
    (i) * * *
    (D) Mojave Desert Air Quality Management District.
    (1) Rule 404, ``Particulate Matter--Concentration,'' readopted on 
July 25, 1977.
    (2) Rule 405, ``Solid Particulate Matter--Weight,'' readopted on 
July 25, 1977.
    (3) Rule 408, ``Circumvention,'' readopted on July 25, 1977.
    (4) Rule 409, ``Combustion Contaminants,'' readopted on July 25, 
1977.
    (5) Rule 443, ``Labeling of Solvents,'' readopted on July 25, 1977.
    (6) Rule 472, ``Reduction of Animal Matter,'' readopted on July 25, 
1977.
* * * * *
    (620) The following regulations were submitted on September 23, 
2022, by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 407, ``Liquid and Gaseous Air Contaminants,'' readopted on 
July 25, 1977.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
    (621) The following regulations were submitted electronically on 
November 30, 2022, by the Governor's designee as an attachment to a 
letter dated November 22, 2022.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 468, ``Sulfur Recovery Units,'' readopted on July 25, 
1977.
    (2) Rule 469, ``Sulfur Acid Units,'' readopted on July 25, 1977.
    (B) [Reserved]
    (ii) [Reserved]
    (622) The following regulations were submitted on October 13, 2023, 
by the Governor's designee.
    (i) Incorporation by reference. (A) Mojave Desert Air Quality 
Management District.
    (1) Rule 104, ``Reporting of Source Test Data and Analyses,'' 
amended on December 19, 1988.
    (2) [Reserved]
    (B) [Reserved]
    (ii) [Reserved]
* * * * *
[FR Doc. 2024-27627 Filed 12-3-24; 8:45 am]
BILLING CODE 6560-50-P
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