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Federal Register / Vol. 86, No. 7 / Tuesday, January 12, 2021 / Proposed Rules
Nevada mountains.15 The population of the Western Nevada County nonattainment area is about 83,000
people.16
Air quality in Western Nevada County is regulated jointly by the Northern Sierra Air Quality Management District NSAQMD or District and CARB. The Nevada County Transportation Commission NCTC is the regional transportation planning agency for the County of Nevada. For transportation planning purposes, the area is an isolated rural area.17
C. CAA and Regulatory Requirements for 2008 Ozone Nonattainment Area SIPs
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States must implement the 2008
ozone NAAQS under title I, part D of the CAA, including sections 171179B
of subpart 1, Nonattainment Areas in General, and sections 181185 of subpart 2, Additional Provisions for Ozone Nonattainment Areas. To assist states in developing effective plans to address ozone nonattainment problems, in 2015, the EPA issued a SIP
Requirements Rule SRR for the 2008
ozone NAAQS 2008 Ozone SRR that addressed implementation of the 2008
standards, including attainment dates, requirements for emissions inventories, attainment and reasonable further progress RFP demonstrations, among other SIP elements, as well as the transition from the 1997 ozone NAAQS
to the 2008 ozone NAAQS and associated anti-backsliding requirements.18 The 2008 Ozone SRR is codified at 40 CFR part 51, subpart AA.
We discuss the CAA and regulatory requirements for the elements of 2008
ozone plans relevant to this proposal in more detail in Section III of this document.
The EPAs 2008 Ozone SRR was challenged, and on February 16, 2018, the U.S. Court of Appeals for the D.C.
Circuit D.C. Circuit published its decision in South Coast Air Quality Management. District v. EPA South Coast II 19 vacating portions of the 15 For a precise definition of the boundaries of the Western Nevada County 2008 ozone nonattainment area, see 40 CFR 81.305.
16 2018 Western Nevada County Ozone Plan, page 12.
17 Isolated rural nonattainment and maintenance areas are defined in 40 CFR 93.101 as areas that do not contain or are not part of any metropolitan planning area as designated under the transportation planning regulations.
18 80 FR 12264 March 6, 2015.
19 South Coast Air Quality Management District v.
EPA, 882 F.3d 1138 D.C. Cir. 2018. The term South Coast II is used in reference to the 2018
court decision to distinguish it from a decision published in 2006 also referred to as South Coast.

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2008 Ozone SRR. The only aspect of the South Coast II decision that relates to this proposed action is the vacatur of the alternative baseline year for RFP
plans. More specifically, the 2008
Ozone SRR required states to develop the baseline emissions inventory for RFP plans using the emissions inventory for the most recent calendar year for which states submit a triennial inventory to the EPA under subpart A, Air Emissions Reporting Requirements, of 40 CFR part 51, which was 2011. The 2008 Ozone SRR, however, allowed states to use an alternative year, between 2008 and 2012, for the baseline emissions inventory provided the state demonstrated why the alternative baseline year was appropriate. In the South Coast II decision, the D.C. Circuit vacated the provisions of the 2008
Ozone SRR that allowed states to use an alternative baseline year for demonstrating RFP.
II. The 2018 Western Nevada County Ozone Plan A. Summary of Submission On December 2, 2018, CARB
submitted the 2018 Western Nevada County Ozone Plan to the EPA as a revision to the California SIP to address the nonattainment area requirements for Western Nevada County for the 2008
ozone NAAQS.20 The 2018 Western Nevada County Ozone Plan includes various chapters and appendices, described further below, plus the Districts resolution of adoption for the Plan District Resolution 201807 and CARBs resolution of adoption of the Plan as a revision to the California SIP
CARB Resolution 1836.21 The Plan addresses the CAA requirements for emissions inventories, air quality modeling demonstrating attainment, reasonably available control measures RACM, RFP, and motor vehicle emissions budgets, among other requirements.
The 2018 Western Nevada County Ozone Plan begins with an executive summary, an introductory section discussing ozone pollution and the Western Nevada County nonattainment The earlier decision involved a challenge to the EPAs Phase 1 implementation rule for the 1997
ozone NAAQS. South Coast Air Quality Management Dist. v. EPA, 472 F.3d 882 D.C. Cir.
2006.
20 Letter dated December 2, 2018, from Richard Corey, Executive Officer, CARB, to Mike Stoker, Regional Administrator, U.S. Environmental Protection Agency Region 9.
21 NSAQMD Board Resolution 20187, October 22, 2018; CARB Board Resolution 1836, 2018
Ozone Attainment Plan for Western Nevada County.

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area generally, a discussion about specific challenges in meeting air quality standards in the area, and a formal request to reclassify the area to Serious for the 2008 ozone NAAQS.
Chapters IV through XIII address specific planning elements for a Serious area, including emissions inventory, transportation conformity budgets, emissions statements, new source review NSR, RACM, RFP, attainment demonstration, and contingency measures. The Plan also includes eight appendices providing additional information on emissions inventories, CARB control measures, CARB analysis of key mobile source regulations and programs, a mobile sources and consumer products RACM
demonstration, and the modeled attainment demonstration, a modeling emissions inventory for the nonattainment area, a description of the conceptual model for the nonattainment area, and CARBs modeling protocol used for the photochemical modeling.
Additionally, to further supplement the contingency measures element of the 2018 Western Nevada County Ozone Plan, CARB forwarded an October 26, 2020 letter from the District 22
committing to adopt as a rule the most recent Architectural Coatings Suggested Control Measure SCM developed and approved by CARB to serve as a contingency measure that would be triggered if the area fails to meet an RFP
milestone for the 2008 ozone NAAQS or to reach attainment by a July 20, 2021
attainment date. In the letter forwarding this commitment, dated November 16, 2020, CARB commits to submit the new District rule to the EPA as a SIP revision within 12 months of the EPAs final action on the contingency measures element of the 2018 Western Nevada County Ozone Plan.
In a technical memorandum submitted by email on October 27, 2020, CARB provided additional information related to the motor vehicle emissions budgets in the 2018 Western Nevada County Ozone Plan.23 Additionally, CARB has provided a copy of the 2019
emissions inventory for the 22 Letter dated November 16, 2020, from Richard Corey, Executive Officer, CARB, to John Busterud, Regional Administrator, EPA Region IX. CARBs letter also forwarded the Districts commitment letter to the EPA. The Districts letter is dated October 26, 2020, from Gretchen Bennitt, NSAQMD
Air Pollution Control Officer, to Richard Corey, CARB Executive Officer.
23 See attachment to email dated October 27, 2020
from Nesamani Kalandiyur, CARB, to Khoi Nguyen and Karina OConnor, EPA Region 9.

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