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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules
grant the States request for extensions of the December 31, 2015 attainment date.20 However, on October 6, 2016, after considering public comments, the EPA denied Californias request for these extensions of the attainment dates.21 Consequently, on November 23, 2016, the EPA determined that the San Joaquin Valley had failed to attain the 1997 24-hour and annual PM2.5 NAAQS
by the December 31, 2015 Serious area attainment date.22 This determination triggered a requirement for California to submit a new SIP submission for the 1997 24-hour and annual PM2.5 NAAQS
for the San Joaquin Valley that satisfies the requirements of CAA section 189d.
The statutory deadline for this additional SIP submission was December 31, 2016. The EPA did not finalize the actions proposed on February 9, 2016, with respect to the submitted Serious area plan.23
On December 6, 2018, the EPA
determined that California had failed to submit a complete section 189d attainment plan for the 1997 24-hour and annual PM2.5 NAAQS, among other required SIP submissions for the San Joaquin Valley, by the statutory deadlines.24 This finding, which became effective on January 7, 2019, triggered clocks under CAA section 179a for the application of emissions offset sanctions 18 months after the finding, and highway funding sanctions 6 months thereafter, unless the EPA
affirmatively determined that the State has made a complete SIP submission addressing the identified failure to submit deficiencies.25 The finding also triggered the obligation under CAA
section 110c for the EPA to promulgate a federal implementation plan no later than two years after the finding, unless the State has submitted, and the EPA
has approved, the required SIP
submission.26
On May 10, 2019, CARB made SIP
submissions intended to address the Serious area nonattainment plan and CAA section 189d requirements for the 1997 24-hour and annual PM2.5 NAAQS, among other requirements for the 2006
and 2012 PM2.5 NAAQS.27 CARB
20 81 FR 6936. Californias request for extension of the Serious Area attainment date for the San Joaquin Valley accompanied its Serious Area attainment plan for the 1997 PM2.5 NAAQS and related motor vehicle emission budgets, submitted June 25, 2015 and August 13, 2015, respectively.
21 81 FR 69396.
22 81 FR 84481.
23 81 FR 69396, 69400.
24 83 FR 62720.
25 Id. at 62723.
26 Id.
27 Letter dated May 9, 2019, from Richard Corey, Executive Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region 9. The letter clarifies
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clarified in its May 10, 2019 letter that these new SIP submissions superseded past submissions to the EPA that the agency had not yet acted on for the 1997
PM2.5 NAAQS, including the 2015
Serious area attainment plan submissions. On June 24, 2020, the EPA
issued a letter finding these submissions complete and terminating the sanctions clocks under CAA section 179a.28 The portions of these SIP submissions that pertain to the 1997 24-hour PM2.5
NAAQS are the subject of this proposal.
II. Summary and Completeness Review of the San Joaquin Valley PM2.5 Plan The EPA is proposing action on portions of two SIP submissions made by CARB to address nonattainment plan requirements for the 1997 24-hour PM2.5
NAAQS in the San Joaquin Valley.
Specifically, the EPA is proposing to act on those portions of the following two SIP submissions that pertain to the 1997
24-hour PM2.5 NAAQS: i The 2018
Plan for the 1997, 2006, and 2012 PM2.5
Standards, adopted by the SJVUAPCD
on November 15, 2018, and by CARB on January 24, 2019 2018 PM2.5 Plan; 29
and ii the San Joaquin Valley Supplement to the 2016 State Strategy for the State Implementation Plan, adopted by CARB on October 25, 2018
Valley State SIP Strategy. CARB
submitted the 2018 PM2.5 Plan and Valley State SIP Strategy to the EPA as a revision to the California SIP on May 10, 2019.30 We refer to these two SIP
that the 2018 PM2.5 Plan supersedes past submittals to the EPA that the agency has not yet acted on for the 1997 PM2.5 standards, including the 2015 Plan for the 1997 Standard submitted by CARB on June 25, 2015 and motor vehicle emission budgets submitted by CARB August 13, 2015.
28 Letter dated June 24, 2020, from Elizabeth J.
Adams, Director, Air and Radiation Division, EPA
Region IX, to Richard Corey, Executive Officer, CARB, Subject: RE: Completeness Finding for State Implementation Plan SIP Submissions for San Joaquin Valley for the 1997, 2006, and 2012
Fine Particulate Matter PM2.5 National Ambient Air Quality Standards NAAQS and Termination of Clean Air Act CAA Sanction Clocks.
29 The 2018 PM
2.5 Plan was developed jointly by CARB and the District.
30 Letter dated May 9, 2019, from Richard Corey, Executive Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region 9. The EPA previously acted on those portions of the 2018 Plan for the 1997, 2006, and 2012 PM2.5 Standards and the San Joaquin Valley Supplement to the 2016 State Strategy for the State Implementation Plan that pertain to the 2006 PM2.5 NAAQS 85 FR 44192, July 22, 2020, and proposed action on those portions pertaining to the 1997 annual PM2.5
NAAQS 86 FR 38652, July 22, 2021 and 2012
annual PM2.5 NAAQS 86 FR 49100, September 1, 2021. The EPA is not, at this time, taking any action on those portions that pertain to the 1997
annual PM2.5 NAAQS or the 2012 annual PM2.5
NAAQS. We intend to act on these portions of the submitted SIP revisions in subsequent rulemakings.

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submissions collectively as the SJV
PM2.5 Plan or Plan.
The SJV PM2.5 Plan addresses the Serious area nonattainment plan and CAA section 189d requirements for the 1997 24-hour and annual PM2.5 NAAQS
in the San Joaquin Valley, including the States demonstration that the area would attain the 1997 24-hour PM2.5
NAAQS by December 31, 2020. In this proposal, the EPA is proposing action only on those portions of the SJV PM2.5
Plan that pertain to the 1997 24-hour PM2.5 NAAQS. The EPA is acting on the portions of the SJV PM2.5 Plan that pertain to the 1997 annual PM2.5
NAAQS and subsequent PM2.5 NAAQS
in separate rulemakings.
CAA sections 110a1 and 2 and 110l require each state to provide reasonable public notice and opportunity for public hearing prior to the adoption and submission of a SIP or SIP revision to the EPA. To meet this requirement, every SIP submission must include evidence that the state provided adequate public notice and an opportunity for a public hearing consistent with the EPAs implementing regulations in 40 CFR 51.102.
CAA section 110k1B requires the EPA to determine whether a SIP
submission is complete within 60 days of receipt. This section also provides that any plan that the EPA has not affirmatively determined to be complete or incomplete will become complete by operation of law six months after the date of submission. The EPAs SIP
completeness criteria are found in 40
CFR part 51, Appendix V.
A. 2018 PM2.5 Plan The following portions of the 2018
PM2.5 Plan and related support documents address both the Serious area nonattainment plan requirements in CAA section 189b and the CAA
section 189d requirements for the 1997
24-hour PM2.5 NAAQS in the San Joaquin Valley: i Chapter 4
Attainment Strategy for PM2.5; ii Chapter 5 Demonstration of Federal Requirements for 1997 PM2.5
Standards; 31 iii numerous appendices to the 2018 PM2.5 Plan; iv 31 Chapter 6 Demonstration of Federal Requirements for the 2006 PM2.5 Standard: Serious Plan and Extension Request and Chapter 7
Demonstration of Federal Requirements for the 2012 PM2.5 Standard of the 2018 PM2.5 Plan pertain to the 2006 PM2.5 NAAQS and the 2012
PM2.5 NAAQS, respectively. The EPA previously acted on those portions of the Plan that pertain to the 2006 PM2.5 NAAQS 85 FR 44192, and proposed action on those portions pertaining to the 2012 annual PM2.5 NAAQS 86 FR 49100. The EPA
intends to take further action on those portions that pertain to the 2012 annual PM2.5 NAAQS in separate rulemakings.

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