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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules
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TABLE 4IMPLEMENTATION SCHEDULE FOR CLEARFIELD/INDIANA AREA NON-REGULATORY CONTINGENCY MEASURES
Time after triggering event
Action
Within 2 months
Within 3 months

PADEP will identify stakeholders for potential non-regulatory measures for further development.
If funding is necessary, PADEP will identify potential sources of funding and the timeframe for when funds would be available.
PADEP will work with the relevant planning commissions to identify potential land use planning strategies and projects with quantifiable and timely emission benefits. PADEP will also work with the Pennsylvania Department of Community and Economic Development and other state agencies to assist with these measures.
If state loans or grants are required, PADEP will enter into agreements with implementing organizations. PADEP
will also quantify projected emission benefits.
PADEP will submit revised SIP to EPA.
PADEP will implement strategies and projects.

Within 6 months
Within 9 months
Within 12 months
Within 1224 months

TABLE 5IMPLEMENTATION SCHEDULE FOR CLEARFIELD/INDIANA AREA REGULATORY CONTINGENCY MEASURES
Time after triggering event
Action
Within 1 month
Within 3 months

PADEP will submit request to begin regulatory development process.
Request will be reviewed by the Air Quality Technical Advisory Committee AQTAC, Citizens Advisory Council, and other advisory committees as appropriate.
Environmental Quality Board EQB meeting/action.
PADEP will publish regulatory measure in the Pennsylvania Bulletin for comment as proposed rulemaking.
PADEP will hold a public hearing and comment period on proposed rulemaking.
House and Senate Standing Committee and Independent Regulatory Review Commission IRCC comment on proposed rulemaking.
AQTAC, Citizens Advisory Council, and other committees will review responses to comments, if applicable, and the draft final rule.
EQB meeting/action.
The IRCC will take action on final rule.
Attorney Generals review/action.
PADEP will publish the regulatory measure as a final rule in the Pennsylvania Bulletin and submit to EPA as a SIP revision. The regulation will become effective upon publication in the Pennsylvania Bulletin.

Within Within Within Within
6 months
8 months
10 months
11 months

Within 13 months
Within Within Within Within
16
17
18
19

months months months months

EPA proposes to find that the contingency plan included in PADEPs February 27, 2020 submittal satisfies the pertinent requirements of CAA section 175Ad. EPA notes that while six of the potential contingency measures included in the Commonwealths second maintenance plan are nonregulatory, their inclusion among other measures is overall SIP-strengthening, and their inclusion does not alter EPAs proposal to find the LMP is fully approvable. EPA also finds that the submittal acknowledges Pennsylvanias continuing requirement to implement all pollution control measures that were contained in the SIP before redesignation of the Clearfield/Indiana Area to attainment.

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E. Transportation Conformity Transportation conformity is required by section 176c of the CAA.
Conformity to a SIP means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the NAAQS CAA
176c1B. EPAs conformity rule at 40 CFR part 93 requires that transportation plans, programs and projects conform to SIPs and establish the criteria and procedures for determining whether or not they
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conform. The conformity rule generally requires a demonstration that emissions from the Regional Transportation Plan RTP and Transportation Improvement Program TIP are consistent with the motor vehicle emissions budget MVEB
contained in the control strategy SIP
revision or maintenance plan 40 CFR
93.101, 93.118, and 93.124. An MVEB
is defined as that portion of the total allowable emissions defined in the submitted or approved control strategy implementation plan revision or maintenance plan for a certain date for the purpose of meeting reasonable further progress milestones or demonstrating attainment or maintenance of the NAAQS, for any criteria pollutant or its precursors, allocated to highway and transit vehicle use and emissions 40 CFR 93.101.
Under the conformity rule, LMP areas may demonstrate conformity without a regional emission analysis 40 CFR
93.109e. However, because LMP areas are still maintenance areas, certain aspects of transportation conformity determinations still will be required for transportation plans, programs, and projects. Specifically, for such determination, RTPs, TIPs, and transportation projects still will have to demonstrate that they are fiscally constrained 40 CFR 93.108, meet the
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criteria for consultation 40 CFR 93.105
and 93.112 and transportation control measure implementation in the conformity rule provisions 40 CFR
93.113.
Additionally, conformity determinations for RTPs and TIPs must be determined no less frequently than every four years, and conformity of transportation plan and TIP
amendments and transportation projects is demonstrated in accordance with the timing requirements specified in 40 CFR
93.104. In addition, for projects to be approved, they must come from a currently conforming RTP and TIP 40
CFR 93.114 and 93.115. The Clearfield/
Indiana Area remains under the obligation to meet the applicable conformity requirements for the 1997
ozone NAAQS.
III. Proposed Action EPAs review of PADEPs February 27, 2020 submittal indicates that it meets all applicable CAA requirements, specifically the requirements of CAA
section 175A. EPA is proposing to approve the second maintenance plan for the Clearfield/Indiana Area as a revision to the Pennsylvania SIP. EPA is soliciting public comments on the issues discussed in this document.

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