Air Plan Approval; California; Mojave Desert Air Quality Management District, 96103-96106 [2024-27627]
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Federal Register / Vol. 89, No. 233 / Wednesday, December 4, 2024 / Rules and Regulations
Authority: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
ENVIRONMENTAL PROTECTION
AGENCY
■
2. Add § 165.T07–1023 to read as
follows:
[EPA–R09–OAR–2024–0209; FRL–11948–
02–R9]
§ 165.T07–1023 Safety Zone; Charleston
Harbor, Charleston, SC
Air Plan Approval; California; Mojave
Desert Air Quality Management District
(a) Location. The following is a safety
zone: The moving safety zone will
include all navigable waters of the
Atlantic Ocean at the Charleston Harbor
Entrance Channel, Charleston Harbor,
and Cooper River, within a 100-yard
radius of the M/V CAPE RACE and all
towing vessels supporting its
operations, while transiting to berthing
at Detyens Shipyards on the Cooper
River in North Charleston, SC.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) No person or
vessel will be permitted to enter, transit,
anchor, or remain within the safety zone
unless authorized by the COTP
Charleston or a designated
representative. If authorization is
granted, persons and/or vessels
receiving such authorization must
comply with the instructions of the
COTP Charleston or designated
representative.
(2) Persons who must notify or
request authorization from the COTP
Charleston may do so by telephone at
(843) 740–7050, or may contact a
designated representative via VHF radio
on channel 16.
(d) Effective and enforcement period.
This section is effective on November
28, 2024. The moving zone will be
enforced while M/V CAPE RACE and all
towing vessels supporting its operation
are transiting, until moored at Detyens
Shipyards on the Cooper River in North
Charleston, SC.
AGENCY:
ddrumheller on DSK120RN23PROD with RULES1
Dated: November 26, 2024.
Francis J. DelRosso
Captain, U.S. Coast Guard Captain of the
Port Charleston.
[FR Doc. 2024–28336 Filed 12–3–24; 8:45 am]
BILLING CODE 9110–04–P
1 The MDAQMD’s jurisdiction includes the desert
portion of San Bernardino County and the far
eastern portion of Riverside County.
2 The SBCAPCD rules have adoption dates prior
to the formation of the MDAQMD because the rules
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40 CFR Part 52
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:
evanshopper.lakenya@epa.gov.
SUMMARY:
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.
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Fmt 4700
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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96103
Sfmt 4700
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
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 Districtwide; 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.
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.
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TABLE 1—SUBMITTED RULES
Local agency
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
MDAQMD
Rule title
Adopted/amended/revised
date
Reporting of Source Test Data and Analyses ...............
Particulate Matter—Concentration .................................
Solid Particulate Matter—Weight ...................................
Liquid and Gaseous Air Contaminants ..........................
Circumvention ................................................................
Combustion Contaminants .............................................
Labeling of Solvents ......................................................
Sulfur Recovery Units ....................................................
Sulfuric Acid Units ..........................................................
Reduction of Animal Matter ...........................................
December 19, 1988 ............
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
July 25, 1977 ......................
Rule No.
...............
...............
...............
...............
...............
...............
...............
...............
...............
...............
104
404
405
407
408
409
443
468
469
472
Submittal date
October 13, 2023.
May 11, 2023.
May 11, 2023.
September 23, 2022.
May 11, 2023.
May 11, 2023.
May 11, 2023.
November 30, 2022.
November 30, 2022.
May 11, 2023.
TABLE 2—SUBMITTED RULE RESCISSIONS
Local agency
Title
Adopted/amended/
revised date
SIP approval date and
FR citation
Date of rescission by
MDAQMD
Submittal date
SCAQMD Rule 104
Reporting of Source Test Data and
Analyses.
Circumvention .......................................
Labeling of Solvents .............................
Sulfur Recovery Units ...........................
Sulfuric Acid Units .................................
Reduction of Animal Matter ..................
January 9, 1976 ....
June 14, 1978, 43 FR 25684 ...
April 24, 2023 ...........
October 13, 2023.
May 7, 1976 ..........
January 1, 1977 ....
October 8, 1976 ....
October 8, 1976 ....
May 7, 1976 ..........
June
June
June
June
June
April 25, 2022 ...........
October 24, 2022 ......
August 22, 2022 .......
August 22, 2022 .......
August 22, 2022 .......
May 11, 2023.
May 11, 2023.
November 30, 2022.
November 30, 2022.
May 11, 2023.
SCAQMD
SCAQMD
SCAQMD
SCAQMD
SCAQMD
Rule
Rule
Rule
Rule
Rule
408
443
468
469
472
Table 3 lists the previously-approved
rules that had been adopted by the
SBCAPCD along with their local
14,
14,
14,
14,
14,
1978,
1978,
1978,
1978,
1978,
43
43
43
43
43
FR
FR
FR
FR
FR
25684
25684
25684
25684
25684
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
ddrumheller on DSK120RN23PROD with RULES1
Local agency
Rule
No.
SBCAPCD ..............
104
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
SBCAPCD
404
405
407
408
409
443
468
469
472
..............
..............
..............
..............
..............
..............
..............
..............
..............
Reporting of Source Test Data and
Analyses.
Particulate Matter—Concentration ..........
Solid Particulate Matter—Weight ............
Liquid and Gaseous Air Contaminants ...
Circumvention .........................................
Combustion Contaminants ......................
Labeling of Solvents ...............................
Sulfur Recovery Units .............................
Sulfuric Acid Units ...................................
Reduction of Animal Matter ....................
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.
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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Adopted/
amended/
revised date
Rule title
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December 19, 1988 .....
November 27, 1990, 55 FR 49281.
July 25, 1977 ...............
July 25, 1977 ...............
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
February 1, 1977 .........
December 21, 1978, 43 FR 59489.
December 21, 1978, 43 FR 59489.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
September 8, 1978, 43 FR 40011.
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
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SIP approval date and FR citation
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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
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contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of
this preamble for more information).
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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).
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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,
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96105
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
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
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:
■
§ 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
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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) * * *
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(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.
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(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]
*
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[FR Doc. 2024–27627 Filed 12–3–24; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2017–0015; FRL–5948.2–
02–OAR]
RIN 2060–AV59
National Emission Standards for
Hazardous Air Pollutants: Lime
Manufacturing Plants Technology
Review; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; technical correction.
AGENCY:
The Environmental Protection
Agency (EPA) is making corrections to
the National Emission Standards for
Hazardous Air Pollutants for Lime
Manufacturing Plants (Lime
Manufacturing NESHAP) technology
review final rule that appeared in the
Federal Register on July 16, 2024.
Following publication of this final rule,
the EPA discovered inadvertent errors
in the regulatory text and is correcting
them in this action.
DATES: The final rule is effective on
December 4, 2024.
ADDRESSES: The EPA has established a
docket for this rulemaking under Docket
ID No. EPA–HQ–OAR–2017–0015. All
documents in the docket are listed on
the https://www.regulations.gov/
website. Although listed, 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 electronically through https://
www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: Mr.
Brian Storey, Mail Drop: D243–04, 109
SUMMARY:
E:\FR\FM\04DER1.SGM
04DER1
]]>Agencies
[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.
---------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Adopted/amended/
Local agency Rule No. Rule title revised date Submittal date
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Adopted/ amended/ SIP approval date and
Local agency Rule No. Rule title revised date FR citation
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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]
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[FR Doc. 2024-27627 Filed 12-3-24; 8:45 am]
BILLING CODE 6560-50-P
