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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1

related SIP revision requirements under the CAA and the EPAs implementing regulations for the 2008 ozone standards, referred to as the 2008 Ozone SRR. To summarize, the West Mojave Desert is classified as Severe-15 for the 2008 ozone NAAQS, and CARBs submittals were developed to address the statutory and regulatory requirements for revisions to the SIP for the West Mojave Desert Severe-15 ozone nonattainment area.
Under the 2008 Ozone SRR, areas classified as Severe-15 for the 2008
ozone NAAQS must demonstrate attainment within 15 years of the effective date of the nonattainment designation, July 20, 2027, and states must implement all control measures needed for attainment no later than the beginning of the attainment year ozone season.11 The attainment year ozone season is defined as the ozone season immediately preceding a nonattainment areas outermost attainment date, or 2026.
Our proposed conditional approval of the contingency measures element of the 2016 WMD Attainment Plan relied on specific commitments: 1 The MDAQMD would submit a board resolution further detailing the circumstances, timing, and procedure for implementing this contingency measure, within 11 months of the EPAs final conditional approval of the contingency measures element of the 2016 WMD Attainment Plan,12 and 2
CARB would submit the adopted board resolution to the EPA as a SIP revision within 12 months of the EPAs final action.13 For more information on these SIP submittals and related commitments, please see our proposed rule.
In our proposed rule, we reviewed the various SIP elements contained in CARBs submittals, evaluated them for compliance with statutory and regulatory requirements, and concluded that they meet all applicable requirements, except for the contingency measure requirement, for which the EPA proposed conditional NAAQS is 0.08 ppm eight-hour average, and the 2008 ozone NAAQS is 0.075 ppm eight-hour average.
11 80 FR 12264 March 6, 2015.
12 Letter dated March 29, 2021, from Brad Poiriez, Executive Officer, MDAQMD, to Richard Corey, Executive Officer, CARB.
13 Letter dated April 9, 2021, from Michael Benjamin, Chief, Air Quality Planning and Science Division, CARB, to Deborah Jordan, Acting Regional Administrator, EPA Region IX. CARBs letter also forwarded the MDAQMDs commitment letter to the EPA. The MDAQMDs letter is dated March 29, 2021, from Brad Poiriez, Executive Officer, MDAQMD, to Richard Corey, CARB Executive Officer.

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approval. More specifically, in our proposed rule, we based our proposed actions on the following determinations:
CARB and the Districts met all applicable procedural requirements for public notice and hearing prior to the adoption and submittal of the 2016
WMD Attainment Plan and the 2018 SIP
Update; 14
The 2012 base year emissions inventory from the 2016 WMD
Attainment Plan is comprehensive, accurate, and current, and therefore meets the requirements of CAA sections 172c3 and 182a1 and 40 CFR
51.1115. Additionally, the future year baseline projections reflect appropriate calculation methods and the latest planning assumptions and are properly supported by the SIP-approved stationary and mobile source measures; 15
The emissions statement element of the 2016 WMD Attainment Plan meets the requirements for emissions statements under CAA section 182a3B and 40 CFR 51.1102 for the 2008 ozone NAAQS; 16
The process followed by the Districts to identify reasonably available control measures RACM is generally consistent with the EPAs recommendations; the Districts rules provide for the implementation of RACM for stationary and area sources of oxides of nitrogen NOX and volatile organic compounds VOC; 17 CARB and the Districts provide for the implementation of RACM for mobile sources of NOX and VOC; there are no additional RACM that would advance attainment of the 2008 ozone NAAQS in the West Mojave Desert by at least one year; and therefore, the 2016 WMD
Attainment Plan provides for the implementation of all RACM as required by CAA section 172c1 and 40 CFR
51.1112c; 18
The photochemical modeling in the 2016 WMD Attainment Plan shows that existing CARB and District control measures are sufficient to attain the 2008 ozone NAAQS by the applicable attainment date, July 20 2027; given the documentation in the 2016 WMD
Attainment Plan of modeling procedures and good model performance, the modeling is adequate 14 86

FR 24809, 24812.
at 2481224814 and 2481624819.
16 Id. at 2481424815.
17 Ground-level ozone pollution is formed from the reaction of VOC and NOX in the presence of sunlight. CARB refers to reactive organic gases ROG in some of its ozone-related submittals. The CAA and the EPAs regulations refer to VOC, rather than ROG, but both terms cover essentially the same set of gases.
18 86 FR 24809, 2481524816.
15 Id.

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to support the attainment demonstration; and therefore the 2016
WMD Attainment Plan meets the attainment demonstration requirements of CAA section 182c2A and 40 CFR
51.1108; 19
The RFP demonstration in the 2018
SIP Update provides for emissions reductions of VOC or NOX of at least 3
percent per year on average for each three-year period, beginning 6 years after the baseline year until the attainment date, and thereby meets the requirements of CAA sections 172c2
and 182c2B and 40 CFR
51.1110a2ii; 20
The vehicle miles traveled VMT
emissions offset demonstration shows that CARB and the Southern California Association of Governments have adopted sufficient transportation control strategies and transportation control measures to offset the growth in emissions from growth in VMT and vehicle trips in the West Mojave Desert, and thereby complies with the VMT
emissions offset requirement in CAA
section 182d1A and 40 CFR 51.1102
for the 2008 ozone NAAQS; 21
The motor vehicle emissions budgets in the 2018 SIP Update are consistent with the RFP demonstration, are clearly identified and precisely quantified, and meet all other applicable statutory and regulatory requirements in 40 CFR 93.118e, including the adequacy criteria in 40 CFR 93.118e4
and 5; 22 and Through previous EPA approvals of Californias vehicle inspection and maintenance I/M program, the 1994
Opt-Out Program SIP revision, the 1993 Photochemical Assessment Monitoring Station SIP revision, and the 2020 annual monitoring network plan for the West Mojave Desert, the 2016
WMD Attainment Plan adequately addresses, for the 2008 ozone NAAQS, the enhanced I/M requirements in CAA
section 182c3 and 40 CFR 51.1102;
the clean fuels fleet program in CAA
sections 182c4 and 246 and 40 CFR
51.1102; and the enhanced ambient air monitoring requirements in CAA
section 182c1 and 40 CFR 51.1102.23
19 Id.

at 2481624819.
at 2481924821.
21 Id. at 2482124823.
22 Id. at 2482524827. In light of CARBs request to limit the duration of the approval of the budgets in the 2018 SIP Update and in anticipation of the EPAs approval, in the near term, of an updated version of CARBs EMFAC short for EMission FACtor model for use in SIP development and transportation conformity in California to include updated vehicle mix and emissions data, we proposed to limit the duration of our approval of the budgets until replacement budgets have been found adequate. See id. at 24827.
23 Id. at 2482724828.
20 Id.

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