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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules SIP revision. As a general matter, such approved budgets cannot be superseded by revised budgets found adequate, but rather only through approval of the revised budgets, unless the EPA
specifies otherwise in its approval of a SIP by limiting the duration of the approval to last only until subsequently submitted budgets are found adequate.239
In the submittal letter for the 2018
PM2.5 Plan, CARB requested that we limit the duration of our approval of the budgets to the period before the effective date of the EPAs adequacy finding for any subsequently submitted budgets.240 The transportation conformity rule allows us to limit the approval of budgets.241 However, we will consider a states request to limit an approval of its MVEBs only if the request includes the following elements: 242 1 An acknowledgement and explanation as to why the budgets under consideration have become outdated or deficient; 2 a commitment to update the budgets as part of a comprehensive SIP update; and 3 a request that the EPA limit the duration of its approval to the period before new budgets have been found to be adequate for transportation conformity purposes.
CARBs request includes an explanation for why the budgets have become, or will become, outdated or deficient. In short, CARB has requested that we limit the duration of the approval of the budgets in light of the EPAs approval of EMFAC2017, an updated version of the EMFAC2014
used for the budgets in the 2018 PM2.5
Plan.243 EMFAC2017 updates vehicle mix and emissions data of the previously approved version of the EMFAC2014.
In light of the EPAs approval of EMFAC2017, CARB explains that the budgets in the 2018 PM2.5 Plan, which we are proposing to approve in this action, will become outdated and will need to be revised using EMFAC2017.
In addition, CARB states that, without the ability to replace the budgets using the budget adequacy process, the benefits of using the updated data may not be realized for a year or more after the updated SIP with the EMFAC2017-

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239 40

CFR 93.118e1.
dated May 9, 2019, from Richard W.
Corey, Executive Officer, CARB, to Mike Stoker, Regional Administrator, EPA Region IX, 3.
241 40 CFR 93.118e1.
242 67 FR 69141 November 15, 2002, limiting our prior approval of MVEBs in certain California SIPs.
243 On August 15, 2019, the EPA approved and announced the availability of EMFAC2017, the latest update to the EMFAC model for use by the State and local governments to meet CAA
requirements. 84 FR 41717.
240 Letter
VerDate Sep<11>2014

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derived budgets is submitted, due to the length of the SIP approval process.
We find that CARBs explanation for limiting the duration of the approval of the budgets is appropriate and provides us with a reasonable basis for limiting the duration of the approval of the budgets.
We note that CARB has not committed to update the budgets as part of a comprehensive SIP update, but as a practical matter, CARB must submit a SIP revision that includes updated demonstrations as well as the updated budgets to meet the adequacy criteria in 40 CFR 93.118e4.244 Therefore, we do not need a specific commitment for such a plan at this time. For the reasons provided above, and in light of CARBs explanation for why the budgets will become outdated and should be replaced upon an adequacy finding for updated budgets, we propose to limit the duration of our approval of the budgets in the 2018 PM2.5 Plan to the period before we find revised budgets based on EMFAC2017 to be adequate.
Lastly, in section IV.H of this proposed rule, the EPA is proposing to disapprove the contingency measure element of the 2016 PM2.5 Plan, as amended in the 2018 PM2.5 Plan, with respect to Moderate area requirements for the 2012 PM2.5 NAAQS. If the EPA
were to finalize the proposed disapproval of the 2012 PM2.5 NAAQS
Moderate area contingency measure element, the area would be eligible for a protective finding under the transportation conformity rule because the 2016 PM2.5 Plan and 2018 PM2.5
Plan reflect adopted control measures that fully satisfy the emissions reductions requirements for RFP for years 2019 and 2022.245
V. Reclassification as Serious Nonattainment and Serious Area SIP
Requirements A. Reclassification as Serious and Applicable Attainment Date Section 188 of the Act outlines the process for classification of PM2.5
nonattainment areas and establishes the applicable attainment dates. Under section 188b1 of the Act, the EPA has general authority to reclassify at any time before the applicable attainment date any area that the EPA determines cannot practicably attain the standard by such date. Accordingly, section 244 Under 40 CFR 93.118e4, the EPA will not find a budget in a submitted SIP to be adequate unless, among other criteria, the budgets, when considered together with all other emissions sources, are consistent with applicable requirements for RFP and attainment. 40 CFR
93.118e4iv.
245 40 CFR 93.120a3.

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188b1 of the Act is a general expression of delegated rulemaking authority. In addition, subparagraphs A and B of section 188b1 mandate that the EPA reclassify appropriate PM10 nonattainment areas at specified time frames i.e., by December 31, 1991, for the initial PM10 nonattainment areas, and within 18 months after the SIP
submittal due date for subsequent nonattainment areas. These subparagraphs do not restrict the EPAs general authority but simply specify that, at a minimum, it must be exercised at certain times.246
We have reviewed the air quality modeling and impracticability demonstration in the 2016 PM2.5 Plan, as well as the air quality modeling in the 2018 PM2.5 Plan. Based on our review, we agree with the Districts conclusion that implementation of the State/
Districts SIP control strategy, including RACM/RACT and additional reasonable measures, is insufficient to bring the SJV
into attainment of the 2012 PM2.5
NAAQS by the December 31, 2021
Moderate area attainment deadline. See sections IV.C and IV.F of this proposed rule. In addition, we have reviewed recent PM2.5 monitoring data for SJV
available in the EPAs Air Quality System AQS database. These data show that annual PM2.5 levels in the SJV
continue to be above 12.0 mg/m3, the numerical level of the 2012 PM2.5
standard, and the recent trends in the SJV annual PM2.5 levels indicate that the SJV will not attain by the end of 2021.247
In accordance with section 188b1
of the Act, the EPA is proposing to reclassify the SJV from Moderate to Serious nonattainment for the 2012
annual PM2.5 standard of 12.0 mg/m3, based on the EPAs determination that the SJV cannot practicably attain the standard by the applicable attainment date of December 31, 2021.
Under section 188c2 of the Act, the attainment date for a Serious area shall be as expeditiously as practicable but no later than the end of the tenth calendar year beginning after the areas designation as nonattainment . . . The EPA designated the SJV as nonattainment for the 2012 PM2.5
NAAQS effective April 15, 2015.248
Therefore, upon final reclassification of 246 For a general discussion of the EPAs interpretation of the reclassification provisions in section 188b1 of the Act, see the General Preamble, 1353713538.
247 EPA design value workbook dated May 24, 2021, pm25_designvalues_2018_2020_final_05_
24_21.xlsx, worksheets Table1a and Table5a, and EPA, 20102020 AQS Design Value Report, AMP480, June 30, 2021.
248 80 FR 2206.

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