2026-12935: Air Quality Plan; California; Mojave Desert Air Quality Management District; Rescissions of Outdated Requirements Within Riverside County

A. What is the background for this proposed action?

Under the CAA, the EPA has established National Ambient Air Quality Standards (NAAQS) for certain pervasive air pollutants, including, among others, ozone and particulate matter (PM). Under CAA section 110(a), states are required to adopt and submit SIPs to implement, maintain, and enforce the NAAQS. Under CAA section 107(d), the EPA has designated all areas [[Page 38577]] of the country as attainment, nonattainment, or unclassifiable for the NAAQS. Areas designated as nonattainment must adopt and submit SIP revisions that, among other things, provide for attainment of the NAAQS by the applicable attainment date. The MDAQMD regulates sources of air pollution within California's ``Mojave Desert Air Basin,'' which lies within the previously- designated ``Southeast Desert Air Basin.'' \1\ The MDAQMD's jurisdiction includes the desert portion of San Bernardino County and the far eastern portion of Riverside County. A portion of San Bernardino County within the District is also in the West Mojave Desert ozone nonattainment area.\2\ The Riverside County portion of the District is designated as unclassifiable/attainment for all the NAAQS. --------------------------------------------------------------------------- \1\ The two air basins are described in the California Air Resources Board's (CARB's), ``Initial Statement of Reasons for Proposed Rulemaking, Proposed Amendments to Divide the Southeast Desert Air Basin and to Modify the Boundary of the South Coast Air Basin and Proposed Amendments to the Related Agricultural Burning Regulations,'' April 1996. San Bernardino County is a large county covering over 20,000 square miles, the majority of which is desert within the Mojave Desert (also known locally as the ``High Desert'' based on its elevation). MDAQMD's jurisdiction in the Palo Verde Valley portion of Riverside County covers an area approximately 30 miles wide along the eastern boundary of the county adjoining the State of Arizona. See also, https://www.mdaqmd.ca.gov/about-us/district-boundaries. \2\ 40 CFR 81.305. The West Mojave Desert ozone nonattainment area also includes the Antelope Valley portion of Los Angeles County. --------------------------------------------------------------------------- In 1972, when the original California SIP was submitted and approved by the EPA, the San Bernardino County Air Pollution Control District (SBCAPCD) had jurisdiction over stationary sources within all of San Bernardino County, and Riverside County Air Pollution Control District (RCAPCD) had jurisdiction over stationary sources within all of Riverside County. On July 16, 1975, the Los Angeles County Air Pollution Control District (LACAPCD), Orange County Air Pollution Control District (OCAPCD), RCAPCD, and SBCAPCD were unified into the Southern California Air Pollution Control District (SoCalAPCD). On February 1, 1977, California split the SoCalAPCD into four agencies. The western coastal area became regulated by the South Coast Air Quality Management District (SCAQMD) and the remaining eastern desert portions of Los Angeles, San Bernardino, and Riverside Counties were seperated back into air pollution control districts for each county (i.e., LACAPCD, SBCAPCD, and RCAPCD). The original jurisdiction of the SCAQMD covered an area referred to as the ``South Coast Air Basin'' that included all of Orange County and the western non-desert portions of Los Angeles, Riverside, and San Bernardino Counties. The jurisdiction of the LACAPCD, SBCAPCD, and RCAPCD extended over a portion of an air basin referred to as the ``Southeast Desert Air Basin.'' \3\ --------------------------------------------------------------------------- \3\ 43 FR 25684 (June 14, 1978). --------------------------------------------------------------------------- The Southeast Desert Air Basin portion of Riverside County was added to the SCAQMD on December 1, 1977. Effective December 1, 1977, under state law, all SCAQMD Rules and Regulations became applicable within the Southeast Desert Air Basin portion of Riverside County.\4\ In 1982, the applicability of SCAQMD rules that had been approved as part of the California SIP was extended to the Southeast Desert Air Basin portion of Riverside County.\5\ On July 1, 1993, the SBCAPCD was re-formed as the MDAQMD with jurisdiction in the desert portion of San Bernardino County. On July 1, 1994, the Palo Verde Valley area in far eastern Riverside County (and that is a part of the Southeast Desert Air Basin portion of Riverside County) left the SCAQMD and joined the MDAQMD.\6\ No changes to the District's boundaries have been made since 1994 and, as stated above, today the MDAQMD's jurisdiction is within the Mojave Desert Air Basin and consists of the desert portion of San Bernardino County and the Palo Verde Valley area in the far eastern portion of Riverside County. --------------------------------------------------------------------------- \4\ Letter dated August 11, 1980, from Gary Rubenstein, Deputy Executive Officer, CARB to Paul DeFalco, Jr., EPA Regional Administrator--approved at 47 FR 25013 (June 9, 1982). \5\ 47 FR 25013 (June 9, 1982). \6\ The Palo Verde Valley portion of the MDAQMD covers an area approximately 30 miles wide along the eastern boundary of the county adjoining the State of Arizona. --------------------------------------------------------------------------- An outgrowth of the complicated regulatory history of the MDAQMD is that the applicable portion of the California SIP for the area the District regulates consists of a mixture of rules from current and former agencies. Rules adopted by MDAQMD apply ``District-wide,'' meaning to the desert portion of San Bernardino County and the Palo Verde Valley area in the far eastern portion of Riverside County, while SBCAPCD rules apply only in the San Bernardino County portion of the District and rules adopted by the RCAPCD, SoCalAPCD or the SCAQMD apply only in the Riverside County portion of the District.

B. Which rules did the State request for rescission?

The California Air Resources Board (CARB) submitted revisions to the MDAQMD portion of the California SIP, including MDAQMD rules and rescissions, to the EPA for approval on the following dates: September 10, 2024,\7\ and November 15, 2024.\8\ The purpose of these submissions is to align the SIP versions of the rules with the versions in effect in the MDAQMD.9 10 --------------------------------------------------------------------------- \7\ CARB submitted the SIP revision electronically on September 10, 2024 as an enclosure to a transmittal letter dated September 9, 2024. \8\ CARB submitted the SIP revision electronically on November 15, 2024 as an enclosure to a transmittal letter dated November 13, 2024. \9\ Letter dated September 9, 2024, from Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman, Regional Administrator, EPA Region IX. \10\ Letter dated November 13, 2024, from Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman, Regional Administrator, EPA Region IX. --------------------------------------------------------------------------- Table 1 lists rules submitted for District-wide applicability with the dates they were adopted by the MDAQMD, previously approved by the EPA, and re-submitted to the EPA by CARB to extend applicability throughout the District. Table 2 lists the rules submitted for rescission from the Riverside County portion of the MDAQMD portion of the SIP that are covered by this proposed action with the dates that they were adopted by the MDAQMD, the dates they were submitted by CARB, and the dates (and associated Federal Register citations) that the rules were previously approved by the EPA. Table 1--Mojave Desert Air Quality Management District SIP Rules Submitted for District-Wide Applicability -------------------------------------------------------------------------------------------------------------------------------------------------------- Rule No. Title Local adoption date SIP approval date FR citation -------------------------------------------------------------------------------------------------------------------------------------------------------- 442................... Usage of Solvents.... February 27, 2006..................... September 17, 2007.................... 72 FR 52791. 1102.................. Fugitive Emissions of October 26, 1994...................... September 27, 1995.................... 60 FR 49772. VOCs from Components at Pipeline Transfer Stations. 1104.................. Organic Solvent April 23, 2018........................ July 2, 2019.......................... 84 FR 31682. Degreasing Operations. [[Page 38578]] 1115.................. Metal Parts and June 8, 2020.......................... May 9, 2022........................... 87 FR 27526. Products Coating Operations. 1116.................. Automotive August 23, 2010....................... August 9, 2012........................ 77 FR 47536. Refinishing Operations. -------------------------------------------------------------------------------------------------------------------------------------------------------- Table 2--South Coast Air Quality Management District SIP Rule Rescissions Submitted for Approval -------------------------------------------------------------------------------------------------------------------------------------------------------- SIP approval date Rule No. Title Adopted/ amended date and FR citation Date of rescission by MDAQMD Submittal date -------------------------------------------------------------------------------------------------------------------------------------------------------- 1103................ Pharmaceuticals and April 4, 1980............... July 8, 1982; 47 FR April 22, 2024.............. November 15, 2024. Cosmetics 29668. Manufacturing Operations. 1115................ Motor Vehicle March 6, 1992............... December 20, 1993; March 25, 2024.............. September 10, 2024. Assembly Line 58 FR 66282. Coating Operations. 1125................ Metal Container, August 2, 1991.............. April 14; 1994, 59 April 22, 2024.............. November 15, 2024. Closure, and Coil FR 17697. Coating Operations. 1126................ Magnet Wire Coating March 6, 1992............... December 20, 1993; April 22, 2024.............. November 15, 2024. Operations. 58 FR 66285. 1151................ Motor Vehicle and September 6, 1991........... December 20, 1993; March 25, 2024.............. September 10, 2024. Mobile Equipment 58 FR 66282. Non-Assembly Line Coating Operations. 1153................ Commercial Bakery January 4, 1991............. September 29, 1993; June 24, 2024............... November 15, 2024. Ovens. 58 FR 50850. 1159................ Nitric Acid Units-- December 6, 1985............ July 12, 1990; 55 June 24, 2024............... November 15, 2024. Oxides of Nitrogen. FR 28622. 1173................ Fugitive Emissions December 7, 1990............ October 26, 1992; April 22, 2024.............. September 10, 2024. of Volatile 57 FR 48457; Organic Compounds. corrected on January 16, 2004; 69 FR 2509. -------------------------------------------------------------------------------------------------------------------------------------------------------- As noted previously, the far eastern portion of Riverside County, referred to as the Palo Verde Valley, joined the MDAQMD effective July 1, 1994. Because the EPA approved the rules in Table 1 as part of the California SIP after July 1, 1994, the date on which Palo Verde Valley portion of Riverside County left the SCAQMD and joined the MDAQMD, these rules already apply throughout the entire present jurisdiction of the MDAQMD. No further action by the EPA is needed to address the request to apply these rules District-wide in the SIP. As part of the November 15, 2024 SIP submission, the District and CARB also requested acknowledgement by the EPA that certain previously- approved SCAQMD Rules listed in Table 3 have already been removed from the Riverside County portion of the MDAQMD portion of the California SIP. Table 3--South Coast Air Quality Management District SIP Rules Previously Removed From the Mojave Desert Air Quality Management District Portion of the California SIP ---------------------------------------------------------------------------------------------------------------- SIP approval date Removed from SIP Rule No. Title Adopted/ amended date and FR citation date; FR citation ---------------------------------------------------------------------------------------------------------------- 1107................ Miscellaneous Metal August 2, 1991.............. December 20, 1993; December 12, 1997; Parts, Products 58 FR 66285. 62 FR 67002; see and Coating also, May 9, Operations. 2022; 87 FR 27526. 1122................ Solvent Metal July 8, 1983................ October 3, 1984; 49 April 30, 1996; 61 Cleaners FR 39057. FR 18962 (partial (Degreasers). supersession); and September 17, 2007; 72 FR 5279 (supersession of remainder). 1171................ Solvent Cleaning August 2, 1991.............. December 20, 1993; July 2, 2019; 84 Operations. 58 FR 66285. FR 31682. ---------------------------------------------------------------------------------------------------------------- As to SCAQMD Rule 1107, ``Miscellaneous Metal Parts, Products and Coating Operations,'' (amended August 2, 1991) we confirm that the rule was superseded in the Riverside County portion of MDAQMD by approval of MDAQMD Rule 1115, ``Metal Parts and Products Coating Operations,'' (amended June 8, 2020) on December 23, 1997 (62 FR 67002; promulgated at 40 CFR 52.220(c)(239)(i)(A)(2)); see also, 40 CFR 52.220(c)(193)(i)(A)(4). No further action is required by EPA to confirm this prior action. As to SCAQMD Rule 1122, ``Solvent Metal Cleaners (Degreasers),'' (amended July 8, 1983) we confirm that the rule was superseded in the Riverside County portion of the MDAQMD in part by approval of MDAQMD Rule 1104, ``Organic Solvent Degreasing Operations,'' (adopted September 28, 1994) on April 30, 1996 (61 FR 18962; promulgated at 40 CFR 52.220(c)(207)(i)(D)(2)) and later in final part by approval of MDAQMD Rule 442, ``Usage of Solvents,'' (amended February 27, 2006) on September 17, 2007 (72 FR 52791; promulgated at 40 CFR 52.220(c)(347)(i)(C)(1)). This [[Page 38579]] change was not previously reflected at 40 CFR 52.220(c)(148)(vi), and we intend to correct this in our final action. As to SCAQMD Rule 1171, ``Solvent Cleaning Operations,'' (amended August 2, 1991) we confirm that the rule was superseded in the Riverside County portion of the MDAQMD by approval of MDAQMD Rule 1104, ``Organic Solvent Degreasing Operations,'' (amended on April 23, 2018) on July 2, 2019 (84 FR 31682) and promulgated at 40 CFR 52.220(c)(519)(i)(A)(1)). This change was not previously reflected at 40 CFR 52.220(c)(188)(i)(C), and we intend to correct this in our final action. The September 10, 2024 SIP submission,\11\ and the November 15, 2024 SIP submission \12\ were deemed complete by operation of law with respect to the completeness criteria in 40 CFR part 51, appendix V on March 10, 2025 and May 15, 2025, respectively. --------------------------------------------------------------------------- \11\ Letter dated September 9, 2024 from Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman, Regional Administrator, EPA Region IX. \12\ Letter dated November 13, 2024 from Steven S. Cliff, Ph.D., Executive Officer, CARB to Martha Guzman, Regional Administrator, EPA Region IX. ---------------------------------------------------------------------------

C. What was the purpose of the SIP-approved rules, and what is the

purpose of the State's rescission request? Emissions of VOCs and NOX contribute to the production of ground-level ozone, smog, and particulate matter (PM) which harm human health and the environment. Emissions of PM, including PM equal to or less than 2.5 microns in diameter (PM2.5) and PM equal to or less than 10 microns in diameter (PM10), contribute to effects that are harmful to human health and the environment, including premature mortality, aggravation of respiratory and cardiovascular disease, decreased lung function, visibility impairment, and damage to vegetation and ecosystems. CAA section 110(a) requires States to submit regulations that control emissions of criteria air pollutants or their precursors, including VOC and NOX, as part of the SIP. Over the years, MDAQMD's predecessor agency in the Riverside County portion of the District, the SCAQMD, adopted many administrative and prohibitory rules to meet SIP requirements, including those that are the subject of this proposed action, that remain in the applicable SIP for the Riverside County portion of the MDAQMD. The purpose of the SIP submissions in this rulemaking is to align the SIP versions of the rules with those that are in effect in the MDAQMD. The EPA's technical support document (TSD) has more information about these rules.

A. How is the EPA evaluating the requests for rescission?

Under CAA section 110(l), SIP revisions must be adopted by the state, and the state must provide for reasonable public notice and hearing prior to adoption.\13\ Rules in the SIP must be enforceable (see CAA section 110(a)(2)), must not interfere with applicable requirements concerning attainment and reasonable further progress or other CAA requirements (see CAA section 110(l)), and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions (see CAA section 193). In approving new requirements into the SIP or removing existing requirements from the SIP, we consider whether these CAA requirements are met. --------------------------------------------------------------------------- \13\ The EPA has reviewed the SIP submissions covered in this proposed action for compliance with CAA procedural requirements and found that all such requirements have been met. --------------------------------------------------------------------------- Generally, SIP rules must require implementation of Reasonably Available Control Technology (RACT) for each category of sources covered by a Control Techniques Guidelines (CTG) document as well as each major source of VOCs and NOX in ozone nonattainment areas classified as Moderate or above (see CAA sections 182(b)(2) and 182(f)). A portion of the San Bernardino County portion of the MDAQMD is part of an ozone nonattainment area (referred to as ``West Mojave Desert'') that is classified as Severe for the 2008 and 2015 ozone NAAQS.\14\ However, as noted previously, the Riverside County portion of the MDAQMD is unclassifiable or attainment for all of the NAAQS. --------------------------------------------------------------------------- \14\ 40 CFR 81.305. --------------------------------------------------------------------------- Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following:

1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and

Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11, 1990).

2. ``Guidance Document for Correcting Common VOC & Other Rule

Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

3. Letter dated February 12, 1990, from Johnnie L. Pearson, Chief

Regional Activities Section, ROB, to Chief, Air Branch, Region I-X, Subject: ``Review of State Regulation Recodifications.''

B. Do the rule recissions meet the evaluation criteria?

As noted above, the purpose for the submission of the MDAQMD rules and rescissions is to align the versions of the rules that are part of the SIP with the versions found in the current District rulebook. Below, we summarize our evaluation of the rescission requests for the SCAQMD rules in Table 2 for which there are no applicable sources and are replaced with SIP-approve MDAQMD rules. Then we considered the rescission requests for the SCAQMD rules in Table 3 for which there are corresponding MDAQMD rules. The EPA's TSD contains additional details about our evaluation. Rescission of SCAQMD Rules 1103, 1115, 1126, 1153, and 1159 The EPA has previously approved negative declarations certifying that the following types of sources are not located within the West Mojave Desert ozone nonattainment area: motor vehicle assembly plants and automotive manufacturing operations,\15\ petroleum refinery industry and chemical manufacturing industry,\16\ manufacturing of synthesized pharmaceutical products,\17\ operations for the surface coating of cans, containers, and coils,\18\ operations for [[Page 38580]] the surface coating of magnet wire,\19\ commercial bakery ovens (i.e., large enough to be subject to SCAQMD Rule 1153, ``Commercial Bakery Ovens,'' (amended May 13, 1991) (``SCAQMD Rule 1153'')),\20\ and nitric and adipic acid manufacturing plants.\21\ The District indicated that its analysis for the negative declarations included the entire MDAQMD and not just the West Mojave Desert ozone nonattainment area. The EPA has also confirmed the absence of these types of sources in the Riverside County portion of the MDAQMD using Standard Industrial Classification (SIC) codes \22\ and CARB's facility search tool California Emissions Inventory Data Analysis and Reporting System (CEIDARS) emissions database.\23\ Based on the absence of applicable sources in the MDAQMD, the EPA concludes that the recission of these rules would not interfere with attainment and RFP or any other requirement of the Act for the purposes of CAA section 110(l): SCAQMD Rule 1103, ``Pharmaceuticals and Cosmetics Manufacturing Operations,'' (amended April 4, 1980) (``Rule 1103), SCAQMD Rule 1115, ``Motor Vehicle Assembly Line Coating Operations,'' (amended March 6, 1992) (``SCAQMD Rule 1115''), SCAQMD Rule 1126, ``Magnet Wire Coating Operations,'' (amended March 6, 1992) (``SCAQMD Rule 1126''), SCAQMD Rule 1153, and SCAQMD Rule 1159, ``Nitric Acid Units--Oxides of Nitrogen (amended February 10, 1986) (``SCAQMD Rule 1159''). --------------------------------------------------------------------------- \15\ MDAQMD, Staff Report, ``State Implementation Plan (SIP) Cleanup: Rescission of SCAQMD Rules 1115--Motor Vehicle Assembly Line Coating Operations and 1151--Motor Vehicle & Mobile Equipment Non-Assembly Line Coating Operations as they appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District and acknowledge that SIP approved MDAQMD Rule 1116--Automotive Refinishing Operations along with various Federal Negative Declarations have replaced such rescinded rules in the SIP,'' March 24, 2024, p. 3. \16\ MDAQMD, Staff Report, ``State Implementation Plan (SIP) Cleanup: Specifically, the Rescission of South Coast Air Quality Management District Rule 1173--Fugitive Emissions of Volatile Organic Compounds as it appears in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District and to acknowledge that currently SIP approved MDAQMD Rule 1102 along with various SIP approved Federal Negative Declarations adequately regulate the source categories,'' (``MDAQMD Staff Report Rule 1173''), April 22, 2024, p. 4. \17\ MDAQMD, Staff Report, ``State Implementation Plan Cleanup: Specifically, the rescission of South Coast Air Quality Management District Rules 1103--Pharmaceuticals & Cosmetics Manufacturing Operations, as they appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District in Riverside County,'' April 22, 2024, p. 8. The specific CTG is, ``Control of Volatile Organic Emissions from Manufacture of Synthesized Pharmaceutical Products,'' EPA-450/2-78-029, December 1978. \18\ MDAQMD, Staff Report, ``State Implementation Plan Cleanup: Specifically, the Rescission of South Coast Air Quality Management District Rules: 1125--Metal Container, Closure and Coil Coating Operations, and 1126--Magnet Wire Coating Operations as they appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District and to acknowledge that SCAQMD Rule 1107--Miscellaneous Metal Parts, Products and Coating Operations has been rescinded from the SIP as previously requested, and that the currently SIP approved MDAQMD Rule 1115--Metal Parts & Products Coating Operations, along with various SIP approved Federal Negative Declarations adequately regulate the source categories,'' (``MDAQMD Staff Report for SCAQMD Rules 1107, 1125, and 1126 and MDAQMD Rule 1115'') April 22, 2024, pp. 24-25. \19\ MDAQMD Staff Report for SCAQMD Rules 1107, 1125, and 1126 and MDAQMD Rule 1115, pp. 24-25. \20\ MDAQMD, Staff Report, ``State Implementation Plan Cleanup: Specifically, the Rescission of South Coast Air Quality Management District Rule 1153--Commercial Bakery Ovens as it appears appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District.'' June 28, 2024, p. 8. \21\ MDAQMD, Staff Report, ``State Implementation Plan Cleanup: Specifically, the Rescission of South Coast Air Quality Management District Rule 1159--Nitric Acid Units--Oxides of Nitrogen as it appears appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District.'' June 24, 2024, p. 8. \22\ For each individual SIC code that the EPA used to search for the absence of sources in CARB's facility CEIDARS emission database, please refer to our TSD for the applicable SCAQMD rule that is proposed to be removed from the Riverside County portion of the MDAQMD portion of the California SIP. \23\ CARB's facility CEIDARS emissions database allows the public to search for stationary point criteria pollutant and air toxic emissions. This tool can be found at https://ww2.arb.ca.gov/our-work/programs/ab-2588-air-toxics-hot-spots/facility-search-tool. --------------------------------------------------------------------------- On that basis, we propose to approve the rescissions of SCAQMD Rules 1103, 1115, 1126, 1153, and 1159. Rescission of SCAQMD Rule 1125 For the request to rescind SCAQMD Rule 1125, ``Metal Container, Closure and Coil Coating Operations,'' (amended August 2, 1991) (``SCAQMD Rule 1125'') the MDAQMD concluded that, in light of previous EPA-approved negative declarations for certain types of coating operations, existing SIP-approved MDAQMD Rule 1115 adequately covers the provisions of SCAQMD Rule 1125 for the coating operations not otherwise certified to be absent within the District.\24\ For these reasons, the District requests rescission of SCAQMD Rule 1125. --------------------------------------------------------------------------- \24\ MDAQMD, Final Staff Report, State Implementation Plan Cleanup: Specifically, the rescission of SCAQMD Rule 1122--Solvent Metal Cleaners (Degreasers), and Rule 1171--Solvent Cleaning Operations, as they appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District in Riverside County and to acknowledge that the currently SIP approved MDAQMD Rule 1104--Organic Solvent Degreasing Operations and Rule 442--Usage of Solvents, adequately regulate the emissions in question, February 26, 2024, pp. 11-12. --------------------------------------------------------------------------- The EPA has confirmed the absence of applicable sources for surface coating of cans and coils in the Riverside County portions of the District using CARB's facility CEIDARS emission database and SIC codes. The EPA notes that the approved negative declarations do not address surface coating of drums. However, the EPA finds that the requirements for such coatings in MDAQMD Rule 1115 are essentially the same as the corresponding requirements for drums in SCAQMD Rule 1125. Since MDAQMD Rule 1115 is already approved as part of the California SIP the limits and other requirements in SCAQMD Rule 1125 need not be retained in the SIP, and rescission of SCAQMD Rule 1125 would not interfere with attainment and RFP or any other requirement of the Act for the purposes of CAA section 110(l). For these reasons, the EPA is proposing to approve the rescission of SCAQMD Rule 1125 from the Riverside County portion of the MDAQMD portion of the California SIP. Rescission of SCAQMD Rule 1151 For the request to rescind SCAQMD Rule 1151, ``Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations,'' (amended September 6, 1991) (``SCAQMD Rule 1151''), the MDAQMD concludes that, in light of certain EPA-approved negative declarations for certain types of coating operations, MDAQMD Rule 1116, ``Automotive Refinishing Operations,'' (amended August 23, 2010) (``MDAQMD Rule 1116'') adequately covers the provisions of the SCAQMD Rule 1151 for the automotive coating operations not otherwise certified to be absent within the District.\25\ For these reasons, the District requests rescission of SCAQMD Rule 1151. --------------------------------------------------------------------------- \25\ MDAQMD, Final Staff Report, State Implementation Plan (SIP) Cleanup: Rescission of SCAQMD Rules 1115--Motor Vehicle Assembly Line Coating Operations and 1151--Motor Vehicle & Mobile Equipment Non-Assembly Line Coating Operations as they appear in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District and acknowledge that SIP approved MDAQMD Rule 1116--Automotive Refinishing Operations along with various Federal Negative Declarations have replaced such rescinded rules in the SIP, March 25, 2024, p.2. --------------------------------------------------------------------------- The District concludes that the provisions of SCAQMD Rule 1151 are found in MDAQMD Rule 1116 and requests rescission on that basis. To document this conclusion, the District provides a detailed comparison between the requirements in MDAQMD Rule 1116 with those in SCAQMD Rule 1151.\26\ The EPA has reviewed the materials submitted by the MDAQMD and agrees that the requirements in SCAQMD Rule 1151 are found in MDAQMD Rule 1116. In addition, we find that the VOC content limits in MDAQMD Rule 1116 are as stringent or more stringent than the corresponding VOC content limits in SCAQMD Rule 1151. The EPA confirmed the absence of automotive manufacturing operations in the District, by using CARB's facility CEIDARS emissions database and SIC codes. --------------------------------------------------------------------------- \26\ Id. pp. 13-18. --------------------------------------------------------------------------- MDAQMD Rule 1116 is approved as part of the SIP. As such, the requirements in SCAQMD Rule 1151 need not be retained in the SIP, and rescission of SCAQMD Rule 1151 would not interfere with attainment and RFP or any other requirement of the Act for the purposes of CAA section 110(l). For these reasons, the EPA is proposing to approve the rescission of SCAQMD Rule 1151 from the Riverside County portion of the MDAQMD portion of the California SIP. Rescission of SCAQMD Rule 1173 Generally, SCAQMD Rule 1173, ``Fugitive Emissions of Volatile Organic Compounds,'' (amended December 7, 1990) (``SCAQMD Rule 1173'') is intended to control VOC leaks from [[Page 38581]] valves, fittings, pumps, compressors, pressure relief devices, diaphragms, hatches, sight-glasses, and meters at refineries, chemical plants, oil and gas production fields, natural gas processing plants, and pipeline transfer stations.\27\ SCAQMD Rule 1173 establishes leak control, component identification, operator inspection, maintenance and recordkeeping requirements and test methods for the components subject to the rule.\28\ --------------------------------------------------------------------------- \27\ SCAQMD Rule 1173, subsection (a). \28\ SCAQMD Rule 1173, subsections (c)-(h). --------------------------------------------------------------------------- The MDAQMD states that the EPA approved negative declarations for petroleum refinery and chemical manufacturing industries in the MDAQMD. For these reasons, the District requests rescission of SCAQMD Rule 1173. In addition, the requirements in MDAQMD Rule 1102, ``MDAQMD Fugitive Emissions of VOCs from Components at Pipeline Transfer Stations'' (adopted October 26, 1994) (``MDAQMD Rule 1102'') and CARB's Oil and Gas Regulation \29\ cover the remaining requirements in SCAQMD Rule 1173 that are not covered by the negative declarations. Therefore, the District concludes that MDAQMD Rule 1102 adequately addresses VOC leaks associated with components at pipeline transfer stations.\30\ For these reasons, the District requests rescission of SCAQMD Rule 1173. --------------------------------------------------------------------------- \29\ 17 CCR Sec. 95666(a)(4) and (6). \30\ MDAQMD, Final Staff Report, State Implementation Plan (SIP) Cleanup: Specifically, the Rescission of South Coast Air Quality Management District Rule 1173--Fugitive Emissions of Volatile Organic Compounds as it appears in the SIP for the Blythe/Palo Verde Valley portion of the Mojave Desert Air Quality Management District and to acknowledge that currently SIP approved MDAQMD Rule 1102 along with various SIP approved Federal Negative Declarations adequately regulate the source categories, April 22, 2024, pp. 4, 6, and A-1-A-10. --------------------------------------------------------------------------- The EPA confirmed the absence of refineries, chemical plants, oil and gas production fields and natural gas processing plants operating within the District by using the relevant SIC codes and CARB's facility CEIDARS emissions database. However, there are pipeline transfer stations within the District. The EPA compared MDAQMD Rule 1102 and CARB's Oil and Gas Regulation with SCAQMD Rule 1173 and we agree with the District that the California SIP adequately address VOC leaks from components at pipeline transfer stations within the District. Although the EPA approved the District's negative declaration for the Oil and Natural Gas CTG \31\ within the West Mojave Desert ozone nonattainment area, CARB's Oil and Gas Regulation is approved into the California SIP and applies to pipeline transfer stations within the District. Based on the comparison between SCAQMD Rule 1173, MDAQMD Rule 1102, and CARB's Oil and Gas Regulation, the EPA finds that the leak detection and repair requirements in MDAQMD Rule 1102 are less stringent than the corresponding requirements in SCAQMD Rule 1173. However, the corresponding requirements in CARB's Oil and Gas Regulation are essentially the same as those in SCAQMD Rule 1173. --------------------------------------------------------------------------- \31\ ``Control Techniques Guidelines for the Oil and Natural Gas Industry,'' EPA 453/B-16-001, October 2016. --------------------------------------------------------------------------- As such, the requirements in SCAQMD Rule 1173 need not be retained in the SIP, and rescission of SCAQMD Rule 1173 would not interfere with attainment and RFP or any other requirement of the Act for the purposes of CAA section 110(l). For these reasons, the EPA is proposing to approve the rescission of SCAQMD Rule 1173 from the Riverside County portion of the MDAQMD portion of the California SIP.

C. Proposed Action and Public Comment

As authorized in section 110(k)(3) of the Act, the EPA proposes to approve the rescission of SCAQMD Rules 1103, 1115, 1125, 1126, 1151, 1153, 1159, and 1173 from the Riverside County portion of the MDAQMD portion of the California SIP because they are no longer needed to meet any CAA requirement and because the rescissions would not interfere with RFP or attainment of any of the NAAQS or with any other applicable requirement of the CAA. We will accept comments from the public on this proposal until July 27, 2026. If we take final action to approve the rule rescissions, our final action will rescind the rules from the federally enforceable SIP.