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Federal Register / Vol. 86, No. 25 / Tuesday, February 9, 2021 / Proposed Rules TABLE 3ERIE AREA SECOND MAINTENANCE PLAN CONTINGENCY MEASURES

Non-Regulatory Measures:
Voluntary diesel engine chip reflash installation software to correct the defeat device option on certain heavy-duty diesel engines.
Diesel retrofit including replacement, repowering or alternative fuel use for public or private local onroad or offroad fleets.
Idling reduction technology for Class 2 yard locomotives.
Idling reduction technologies or strategies for truck stops, warehouses, and other freight-handling facilities.
Accelerated turnover of lawn and garden equipment, especially commercial equipment, including promotion of electric equipment.
Additional promotion of alternative fuel e.g., biodiesel for home heating and agricultural use.
Regulatory Measures: 17
Additional control on consumer products.18
Additional controls on portable fuel containers.19

TABLE 4IMPLEMENTATION SCHEDULE FOR ERIE 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 ERIE 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 rulemaking.
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

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EPA proposes to find that the contingency plan included in PADEPs 17 These regulatory measures were considered potential cost-effective and timely control strategies by the Ozone Transport Commission OTC as well as the Mid-Atlantic Regional Air Management Association and the Mid-Atlantic/Northeast Visibility Union. The OTC is a multi-state organization responsible for developing regional solutions to ground-level ozone pollution in the Northeast and Mid-Atlantic, including the development of model rules that member states may adopt. The OTC member states include:
Connecticut, Delaware, the District of Columbia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia. For more information on the OTC, visit https otcair.org/index.asp. To view the model rules developed by the OTC, including those for consumer products and portable fuel containers, visit https otcair.org/document.asp?
fview=modelrules.
18 Pennsylvanias existing controls on consumer products are under 25 Pa. Code Chapter 130, Subchapters B and C 38 Pa.B. 5598. This
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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 contingency measure includes the adoption of additional controls on consumer products such as VOC limits for adhesive removers.
19 Existing controls on portable fuel containers can be found under 40 CFR part 59, subpart F
Control of Evaporative Emissions From New and InUse Portable Fuel Containers.

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redesignation of the Erie Area to attainment.
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
section 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 conform. The conformity rule generally requires a demonstration that emissions from the Regional Transportation Plan RTP and Transportation Improvement
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