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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
the SJV as a Serious nonattainment area, the latest permissible attainment date under section 188c2 of the Act, for purposes of the 2012 PM2.5 NAAQS in this area, will be December 31, 2025.
Under section 188e of the Act, a state may apply to the EPA for a single extension of the Serious area attainment date of up to five additional years, which the EPA may grant if the state satisfies certain statutory conditions.
Before the EPA may extend the attainment date for a Serious area under section 188e, the state must: 1 Apply for an extension of the attainment date beyond the statutory attainment date; 2
demonstrate that attainment by the statutory attainment date is impracticable; 3 demonstrate that it has complied with all requirements and commitments pertaining to the area in the implementation plan; 4
demonstrate to the satisfaction of the Administrator that the plan for the area includes the most stringent measures that are included in the implementation plan of any state or are achieved in practice in any state, and can feasibly be implemented in the area; and 5 submit a demonstration of attainment by the most expeditious alternative date practicable.249

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B. Clean Air Act Requirements for Serious Area Plans Upon reclassification as a Serious nonattainment area for the 2012 PM2.5
NAAQS, California will be required to submit additional SIP revisions to satisfy the statutory requirements that apply to Serious PM2.5 nonattainment areas, including the requirements of subpart 4 of part D, title I of the Act.
The Serious area SIP elements that California will be required to submit are as follows:
1. Provisions to assure that BACM,250
including BACT for stationary sources, for the control of direct PM2.5 and PM2.5
249 For a discussion of the EPAs interpretation of the requirements of section 188e, see General Preamble Addendum, 42002; 65 FR 19964 April 13, 2000 proposed action on PM10 Plan for Maricopa County, Arizona; 67 FR 48718 July 25, 2002 final action on PM10 Plan for Maricopa County, Arizona; and Vigil v. EPA, 366 F.3d 1025, amended at 381 F.3d 826 9th Cir. 2004 remanding EPA action on PM10 Plan for Maricopa County, Arizona but generally upholding the EPAs interpretation of CAA section 188e.
250 The EPA defines BACM as, among other things, the maximum degree of emission reduction achievable for a source or source category, which is determined on a case-by-case basis considering energy, environmental, and economic impacts.
General Preamble Addendum, 42010 and 42014.
BACM must be implemented for all categories of sources in a Serious PM2.5 nonattainment area unless the State adequately demonstrates that a particular source category does not contribute significantly to nonattainment of the PM2.5
standard. Id. at 42011, 42012.

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precursors shall be implemented no later than four years after the area is reclassified CAA section 189b1B;
2. a demonstration including air quality modeling that the plan provides for attainment as expeditiously as practicable but not later than December 31, 2025, or where the state is seeking an extension of the attainment date under section 188e, a demonstration that attainment by December 31, 2025, is impracticable and that the plan provides for attainment by the most expeditious alternative date practicable and not later than December 31, 2030
CAA sections 189b1A, 188c2, and 188e;
3. plan provisions that require RFP
CAA section 172c2;
4. quantitative milestones that are to be achieved every three years until the area is redesignated to attainment and that demonstrate RFP toward attainment by the applicable date CAA section 189c;
5. provisions to assure that control requirements applicable to major stationary sources of PM2.5 also apply to major stationary sources of PM2.5
precursors, except where the state demonstrates to the EPAs satisfaction that such sources do not contribute significantly to PM2.5 levels that exceed the standard in the area CAA section 189e;
6. a comprehensive, accurate, current inventory of actual emissions from all sources of PM2.5 and PM2.5 precursors in the area CAA section 172c3;
7. contingency measures to be implemented if the area fails to meet RFP including quantitative milestones and related reports or to attain by the applicable attainment date CAA section 172c9; and 8. a revision to the NNSR program to lower the applicable major stationary source 251 thresholds from 100 tpy to 70 tpy CAA section 189b3 and to satisfy the subpart 4 control requirements for major stationary sources of PM2.5 precursors CAA
section 189e.
As discussed in section IV.E of this proposed rule, California submitted NNSR SIP revisions for the SJV to address the subpart 4 NNSR
requirements for Serious PM2.5
nonattainment areas on November 20, 2019. The EPA is evaluating this SIP
submission and will act on it in a separate rulemaking.
Finally, reclassification of the SJV as Serious nonattainment for the 2012
251 For any Serious area, the terms major source and major stationary source include any stationary source that emits or has the potential to emit at least 70 tpy of PM10 CAA sections 189b3.

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annual PM2.5 NAAQS would lower the de minimis threshold under the CAAs general conformity requirements 40
CFR part 93, subpart B from 100 tpy to 70 tpy for PM2.5 and PM2.5
precursors.252 In this case, however, reclassification would have no impact on the applicable general conformity de minimis thresholds, because the SJV is already subject to the 70 tpy de minimis threshold for PM2.5 and all PM2.5
precursors as a result of the EPAs previous actions reclassifying the area as Serious nonattainment for the 1997
annual and 24-hour PM2.5 NAAQS and the 2006 24-hour PM2.5 NAAQS.253
C. Statutory Deadline for Submission of Serious Area Plan When the EPA reclassifies a nonattainment area to a higher classification, the CAA sets the parameters for establishing deadlines for attainment plan SIP submissions for that higher classification. The State has already made submissions intended to address the Serious area attainment plan requirements for the 2012 PM2.5 NAAQS
for the SJV, yet the EPA reclassification rulemaking must still establish the submission deadlines, as discussed in the following paragraphs. Among other things, such deadlines make clear the time frame for any future SIP
submission should the State find the need to withdraw any particular element of the Serious area plan requirements i.e., without the submittal of a replacement element meeting the completeness criteria.
For an area reclassified as a Serious nonattainment area before the applicable attainment date under CAA
section 188b1, section 189b2
requires the state to submit the required BACM provisions no later than 18
months after reclassification of the area as a Serious Area and to submit the required attainment demonstration no later than 4 years after reclassification of the area to Serious. Section 189b2
establishes outer bounds on the SIP
submission deadlines as necessary or appropriate to assure consistency among the required submissions and to implement the statutory requirements.
The Act provides the state with up to 18 months after final reclassification of an area to Serious to submit the required BACM provisions. Because an up-todate emissions inventory serves as the foundation for a states BACM/BACT
determination, the PM2.5 SIP
Requirements Rule requires the state to submit the emissions inventory required under CAA section 172c3 within 18
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CFR 93.153b, 81 FR 58010, 58126.
FR 18528 and 81 FR 1514, respectively.

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