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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
be used to determine when the contingency measures need to be implemented.
The District has adopted a contingency plan to address possible future PM10 air quality problems in the Indian Wells Valley planning area. The contingency plan is included in section V of the Plan.
As noted by the District in the Indian Wells Second Maintenance Plan, contingency provisions are typically implemented when air quality deteriorates beyond a specified level, such as a certain number of exceedances of the standard or a violation of the standard. In this case, the contingency provisions will be triggered when the number of exceedances at the monitor, averaged over three years, is greater than 1.05. However, the contingency plan also includes a screening process that allows the District and CARB, subject to EPA review, to exclude exceedances from the trigger calculation if the agencies collectively determine that information developed by the District is sufficient to support exclusion. The purpose of the screening process is to differentiate between exceedances that are not within the District or State control i.e., exceedances that occur despite the implementation of reasonable measures, and exceedances that are within the Districts or States control and should be included in the trigger calculation. It is important to note that, should the District or State exclude an exceedance from the contingency trigger calculation using this process, it would not constitute the EPAs concurrence that the exceedance was caused by an exceptional event.
The exceedance will therefore continue to be included in design value calculations for the Indian Wells Valley planning area unless CARB, following opportunity for public comment, submits a request for the EPA to concur on the exceedance as an exceptional event pursuant to 40 CFR 50.14, and the EPA reviews the submittal and formally concurs.
Under the contingency trigger screening process, within 60 days of the end of each calendar quarter, the District will complete the following:
Provide a list of exceedances that occurred during that previous quarter to CARB, identify those exceedances that the District believes to be exceedances that are not within the Districts or States control, and flag the relevant data and provide an initial description in AQS. The State then has 60 days to review the information, during which time it may request additional information from the District to supplement the Districts analysis.

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Following CARBs review, CARB will transmit the information to the EPA, including information for those exceedances the District believes should be excluded from the contingency plan trigger calculation.
The Indian Wells Second Maintenance Plan anticipates that the EPA will review the submitted information, notify the District if the submitted information is insufficient to support exclusion from the contingency plan trigger calculation, include such exceedances in calculating the trigger for the contingency plan, and notify the District if the contingency plan has been triggered. The EPA intends to notify the District, within 60 days of receipt, whether submitted information is sufficient or insufficient to support the exclusion of a given exceedance from the contingency plan trigger calculation and to take the other actions described in the plan. If the submitted information is not sufficient, the EPA will include the exceedance in the calculation to determine if the contingency plan has been triggered. If the State or District subsequently provide additional information sufficient to support the conclusion that the exceedance meets the criteria for exclusion from the trigger calculation, the EPA will notify the District that the calculation will be adjusted.
Under the contingency plan, if the EPA determines that contingency provisions have been triggered, i.e., the number of exceedances, averaged over three years, is greater than 1.05
excluding those exceedances identified through the screening process, EKAPCD commits to the following steps:
1 Within six months of EPA notification, EKAPCD will complete an analysis of the exceedances and available contingency measures. During this time, the District will determine the possible cause of the exceedances and will consult with community and local industry members to determine if any voluntary or incentive measures could be implemented to reduce the magnitude of or eliminate the source of emissions. If voluntary and incentive-based measures do not adequately address the problem, the EKAPCD will evaluate its fugitive dust rules 402, 402.2, and 419, or other rules as appropriate, to determine where such rules could be improved or expanded to achieve additional emissions reductions. The measures that EKAPCD
would consider and analyze include but are not limited to those listed in Table 5.
2 Within 12 months of completing its analysis, the District will adopt and implement the new contingency measures.

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TABLE 5EMISSIONS SOURCES AND
ASSOCIATED CONTROL MEASURES;
RULES TO REVISE IF CONTINGENCY
TRIGGERED
Emissions source Construction and Earthmoving Activities
Storage Piles/Bulk Materials
Track-out/Carry-out
Agricultural Operations
Paved and Unpaved Roads
Nuisance
Open Areas

Rule 402
402
402
402.2
402 &
402.2
419
402 &
419

Source: Indian Wells Second Maintenance Plan, Table 7.

Based on our review of the Indian Wells Second Maintenance Plan, as summarized herein, we propose to find that the contingency provisions of the Plan clearly identify specific contingency measures, contain a triggering mechanism to determine when contingency measures are needed, contain a description of the process of recommending and implementing contingency measures, and contain specific and appropriate timelines for action. We also propose to find that the contingency trigger screening process, including the associated EPA review, is reasonably designed to distinguish between exceedances that are not within the District or State control, and exceedances that are within the Districts or States control and for which new or tightened control measures might be effective. Thus, we propose to conclude that the contingency plan in the Indian Wells Second Maintenance Plan is adequate to ensure correction of any violation of the PM10 NAAQS that occurs after redesignation, as required by section 175Ad of the CAA.
E. Motor Vehicle Emissions Budgets for Transportation Conformity Section 176c of the CAA requires federal actions in nonattainment and maintenance areas to conform to the SIPs goals of eliminating or reducing the severity and number of violations of the NAAQS and achieving expeditious attainment of the standards. Conformity to the SIPs goals means that such actions will not: 1 Cause or contribute to violations of the NAAQS, 2 worsen the severity of an existing violation, or 3 delay timely attainment of any NAAQS or any interim milestone.
Actions involving Federal Highway Administration FHWA or Federal Transit Administration FTA funding or approval are subject to the EPAs transportation conformity rule, codified
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