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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules VIII. Summary of Proposed Actions and Request for Public Comment Under CAA section 110k3, the EPA
is proposing to approve the following elements of the 2016 PM2.5 Plan and 2018 PM2.5 Plan submitted by California to address the CAAs Moderate area planning requirements for the 2012
PM2.5 NAAQS in the SJV nonattainment area:

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1. The 2013 base year emissions inventories in the 2016 PM2.5 Plan, as revised in the 2018 PM2.5 Plan, as meeting the requirements of CAA section 172c3 and 40
CFR 51.1008a;
2. The reasonably available control measures/reasonably available control technology demonstration in the 2016 PM2.5
Plan, as supplemented in the 2018 PM2.5
Plan, as meeting the requirements of CAA
sections 172c1 and 189a1C;
3. The demonstration in the 2016 PM2.5
Plan that attainment by the Moderate area attainment date of December 31, 2021, is impracticable as meeting the requirements of CAA section 189a1Bii and 40 CFR
51.1011a;
4. The reasonable further progress demonstration in the 2016 PM2.5 Plan, as revised in 2018 PM2.5 Plan, as meeting the requirements of CAA section 172c2 and 40
CFR 51.1012a;
5. The quantitative milestones in the 2016
PM2.5 Plan, as revised in the 2018 PM2.5 Plan and the Valley State SIP Strategy, as meeting the requirements of CAA section 189c and 40 CFR 51.1013a1; and 6. The motor vehicle emissions budgets for 2022 in the 2018 PM2.5 Plan as shown in Table 6 of this proposed rule because they are derived from an approvable RFP
demonstration and meet the requirements of CAA section 176c and 40 CFR part 93, subpart A. With respect to the budgets, we are proposing to limit the duration of the approval of the budgets to last only until the effective date of the EPAs adequacy finding for any subsequently submitted budgets. We are proposing to do so at CARBs request and in light of the benefits of using EMFAC2017derived budgets prior to our taking final action on the future SIP revision that includes the updated budgets.

Pursuant to CAA section 110k3, the EPA proposes to disapprove the contingency measure element of the 2016 PM2.5 Plan for the 2012 PM2.5
NAAQS, as revised in the 2018 PM2.5
Plan and supplemented by section 5.7.3
of District Rule 4901, and the contingency measure element of the 2018 PM2.5 Plan for the 2006 PM2.5
NAAQS, as supplemented by section 5.7.3 of District Rule 4901, because, among other reasons, the elements include no specific measures to be undertaken if the state fails to submit a quantitative milestone report for the area, or if the area fails to meet RFP or a quantitative milestone. In addition, with respect to the contingency measure element in the 2018 PM2.5 Plan for the
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2006 PM2.5 NAAQS as supplemented by section 5.7.3 of District Rule 4901, the element includes a specific measure that may not result in any emissions reductions following a failure to attain the 2006 PM2.5 NAAQS by the applicable attainment date under certain circumstances.
If we finalize the disapproval of the contingency measure elements as proposed, the offset sanction in CAA
section 179b2 would apply in the SJV
18 months after the effective date of a final disapproval, and the highway funding sanctions in CAA section 179b1 would apply in the area six months after the offset sanction is imposed.280 Neither sanction will be imposed under the CAA if the State submits and we approve, prior to the implementation of the sanctions, a SIP
revision that corrects the deficiencies that we identify in our final action. The EPA intends to work with CARB and the SJVUAPCD to correct the deficiencies in a timely manner.
In addition to the sanctions, CAA
section 110c1 provides that the EPA
must promulgate a federal implementation plan FIP addressing any disapproved elements of the plan two years after the effective date of disapproval unless the State submits, and the EPA approves, the required SIP
submittal. As a result of the EPAs December 6, 2018 determination that California had failed to submit the required contingency measures for the 2006 PM2.5 NAAQS and the 2012 PM2.5
NAAQS, among other required SIP
submissions for the SJV,281 the EPA is already subject to a statutory deadline to promulgate a FIP for this purpose no later than two years after the effective date of that determination.282
Also, because we previously approved the Serious area plan RFP and attainment demonstrations and the motor vehicle emissions budgets for the 2006 PM2.5 NAAQS,283 and because in this proposed rule we are proposing to approve the Moderate area plan RACM, additional reasonable measures, and RFP demonstrations, and motor vehicle emission budgets for the 2012 PM2.5
NAAQS, we are proposing to issue a protective finding under 40 CFR
93.120a3 to the disapproval of the contingency measures elements.
Without a protective finding, the final disapprovals would result in a conformity freeze, under which only projects in the first four years of the most recent conforming Regional 280 40
281 83

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Transportation Plan RTP and Transportation Improvement Programs TIP can proceed. Generally, during a freeze, no new RTPs, TIPs, or RTP/TIP
amendments can be found to conform until another control strategy implementation plan revision fulfilling the same CAA requirements is submitted, the EPA finds its motor vehicle emissions budgets adequate pursuant to 93.118 or approves the submission, and conformity to the implementation plan revision is determined.284 Under a protective finding, the final disapproval of the contingency measures elements would not result in a transportation conformity freeze in the SJV PM2.5 nonattainment area and the MPOs may continue to make transportation conformity determinations.
Finally, pursuant to CAA section 188b1, the EPA is proposing to reclassify the SJV PM2.5 nonattainment area, including reservation areas of Indian country and any other area where the EPA or a tribe has demonstrated that a tribe has jurisdiction within the SJV, as Serious nonattainment for the 2012 PM2.5
standard based on the agencys determination that the SJV cannot practicably attain the standard by the Moderate area attainment date of December 31, 2021. Upon final reclassification as a Serious area, California will be required to submit, within 18 months after the effective date of the reclassification, an emissions inventory, provisions to assure that BACM shall be implemented no later than four years after the date of reclassification, and any NNSR SIP
revisions required to satisfy the requirements of CAA sections 189b3
and 189e. California will also be required to submit, by December 31, 2023, a Serious area plan that satisfies the requirements of part D of title I of the Act. This plan must include a demonstration that the SJV will attain the 2012 PM2.5 standard as expeditiously as practicable but no later than December 31, 2025, or by the most expeditious alternative date practicable and no later than December 31, 2030, in accordance with the requirements of CAA sections 189b and 188e.
We note that the 2018 PM2.5 Plan, submitted concurrently with the 2016
PM2.5 Plan on May 10, 2019, includes a Serious area attainment demonstration, emissions inventory, attainment-related plan elements, and BACM/BACT
provisions. The State also submitted a SIP submission for the Serious area NNSR requirements on November 20,
282 Id.
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