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khammond on DSKJM1Z7X2PROD with PROPOSALS2

Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules months after the effective date of final reclassification.254 Similarly, because an effective evaluation of BACM/BACT
measures requires evaluation of the precursor pollutants that must be controlled to provide for expeditious attainment in the area, if the state chooses to submit an optional precursor insignificance demonstration to support a determination to exclude a PM2.5
precursor from the required control measure evaluations for the area, the EPA requires that the state submit any such demonstration by this same date.
An 18-month time frame for submission of these plan elements is consistent with both the time frame for submission of BACM/BACT provisions under CAA
section 189b2 and the time frame for submission of subpart 1 plan elements under section 172b of the Act.255
The PM2.5 SIP Requirements Rule also establishes a specific deadline for submission of the attainment demonstration and attainment-related plan elements following discretionary reclassification, which is the earlier of four years from the date of reclassification, or the end of the eighth calendar year after designation.256 In this case, the earlier of these two dates will be the end of the eighth calendar year after designationi.e., December 31, 2023. The attainment-related plan elements required within the same timeframe as the attainment demonstration are as follows: 1 The RFP demonstration required under section 172c2; 2 the quantitative milestones required under section 189c; 3 any additional control measures necessary to meet the requirements of section 172c6; and 4 the contingency measures required under section 172c9. Although section 189b2 generally provides for up to four years after a discretionary reclassification for the state to submit the required attainment demonstration, given the timing of this reclassification action less than two years before the Moderate area attainment date, it is appropriate in this case for the EPA to establish an earlier SIP submission deadline to assure timely implementation of the statutory requirements.
Finally, the PM2.5 SIP Requirements Rule establishes a regulatory requirement that the state submit FR 58010, 58077.
172b requires the EPA to establish, concurrent with nonattainment area designations, a schedule extending no later than three years from the date of the nonattainment designation for states to submit plans or plan revisions meeting the applicable requirements of sections 110a2 and 172c of the CAA.
256 81 FR 58010, 58077.

revised NNSR program requirements no later than 18 months after final reclassification.257 The Act does not specify a deadline for the states submission of SIP revisions to meet NNSR program requirements to lower the major stationary source threshold from 100 tpy to 70 tpy CAA section 189b3 and to address the control requirements for major stationary sources of PM2.5 precursors CAA
section 189e 258 following reclassification of a Moderate PM2.5
nonattainment area as Serious nonattainment under subpart 4.
Pursuant to the EPAs gap-filling authority in CAA section 301a and to effectuate the statutory control requirements in section 189 of the Act, the PM2.5 SIP Requirements Rule requires the state to submit these NNSR
SIP revisions, as well as any necessary analysis of and additional control requirements for major stationary sources of PM2.5 precursors, no later than 18 months after the effective date of final reclassification of the SJV as Serious nonattainment for the 2012
PM2.5 standard. This due date will ensure that necessary control requirements for major sources are established in advance of the required attainment demonstration. An 18-month timeframe for submission of the NNSR
SIP revisions also aligns with the statutory deadline for submission of BACM and BACT provisions and the broader analysis of PM2.5 precursors for potential controls on existing sources in the area.
Accordingly, if we finalize our proposal to reclassify the SJV as a Serious nonattainment area for the 2012
PM2.5 NAAQS, California would be required to submit the emissions inventory required under CAA section 172c3, the BACM/BACT provisions required under CAA section 189b1B, and any NNSR SIP
revisions required to satisfy the requirements of CAA sections 189b3
and 189e for the 2012 PM2.5 NAAQS
no later than 18 months after the effective date of a final reclassification action. Additionally, California would be required to submit the Serious area attainment demonstration and all attainment-related plan elements no later than the end of the eighth calendar year after designationi.e., by December 31, 2023.

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at 58078.
189e requires that the control requirements applicable to major stationary sources of PM2.5 also apply to major stationary sources of PM2.5 precursors, except where the state demonstrates to the EPAs satisfaction that such sources do not contribute significantly to PM2.5
levels that exceed the standard in the area.
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We note that the 2018 PM2.5 Plan submitted on May 10, 2019, includes a Serious area plan containing an attainment demonstration, emissions inventory, attainment-related plan elements, and BACM/BACT provisions.
Also, the State submitted a SIP revision for the Serious area NNSR requirements on November 20, 2019. The EPA intends to evaluate and act on the Serious area plan and NNSR SIP submissions for the 2012 PM2.5 NAAQS in the SJV through separate rulemakings, as appropriate.
VI. Reclassification of Areas of Indian Country Eight Indian tribes are located within the boundaries of the SJV nonattainment area for the 2012 PM2.5 NAAQS. These tribes include Big Sandy Rancheria of Western Mono Indians of California, Cold Springs Rancheria of Mono Indians of California, Northfork Rancheria of Mono Indians of California, Picayune Rancheria of Chukchansi Indians of California, Santa Rosa Indian Community of the Santa Rosa Rancheria, California, Table Mountain Rancheria, Tejon Indian Tribe, and Tule River Indian Tribe of the Tule River Reservation, California.
We have considered the relevance of our proposal to reclassify the SJV as Serious nonattainment for the 2012
PM2.5 standard for each tribe located therein. We believe that the same facts and circumstances that support the proposal for the non-Indian country lands also support the proposal for reservation areas of Indian country 259
and any other areas of Indian country where the EPA or a tribe has demonstrated that the tribe has jurisdiction located within the SJV
nonattainment area. The EPA is therefore proposing to exercise our authority under CAA section 188b1
to reclassify areas of Indian country geographically located in the SJV
nonattainment area. Section 188b1
broadly authorizes the EPA to reclassify a nonattainment areaincluding any Indian country located within such an areathat the EPA determines cannot practicably attain the relevant standard by the applicable attainment date.
259 Indian country as defined at 18 U.S.C. 1151
refers to the following: a all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation, b all dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state, and c all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.

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