Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES

would provide for additional emissions reductions in the event that Western Nevada County fails to meet a reasonable further progress RFP
milestone or fails to attain the 2008
ozone NAAQS by the applicable attainment date, and 2 from CARB to submit the adopted District rule to the EPA as a SIP revision within 12 months of our final action.5 For more information on the SIP revision submittals and related commitments, please see our proposed rule.
In our proposed rule, we reviewed the various SIP elements contained in the 2018 Western Nevada County Ozone Plan, evaluated them for compliance with statutory and regulatory requirements, and concluded that they meet all applicable requirements, except for the contingency measure requirement, for which the EPA
proposed conditional approval. More specifically, in our proposed rule, we based our proposed actions on the following determinations:
CARB and the District met all applicable procedural requirements for public notice and hearing prior to the adoption and submittal of the 2018
Western Nevada County Ozone Plan; 6
The 2011 base year emissions inventory from the 2018 Western Nevada County Ozone Plan is comprehensive, accurate, and current, and therefore meets the requirements of CAA sections 172c3 and 182a1
and 40 CFR 51.1115. Additionally, the future year baseline projections reflect appropriate calculation methods and the latest planning assumptions and are properly supported by the SIP-approved stationary and mobile source measures; 7
The process followed by the District to identify reasonably available control measures RACM is generally consistent with the EPAs recommendations; the Districts rules provide for the implementation of RACM for stationary and area sources of oxides of nitrogen NOX and volatile organic compounds VOC; 8 CARB and 5 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.
6 86 FR 2318, 2321.
7 Id. at 23212322 and 23262330.
8 Ground-level ozone pollution is formed from the reaction of VOC and NOX in the presence of sunlight. CARB refers to reactive organic gases ROG in some of its ozone-related submittals. The CAA and the EPAs regulations refer to VOC, rather than ROG, but both terms cover essentially the same set of gases. In this final rule, we use the term VOC
to refer to this set of gases.

VerDate Sep<11>2014

16:03 May 20, 2021

Jkt 253001

the Nevada County Transportation Commission NCTC provide for the implementation of RACM for mobile sources of NOX and VOC; there are no additional RACM that would advance attainment of the 2008 ozone NAAQS in Western Nevada County by at least one year; and therefore, the 2018 Western Nevada County Ozone Plan provides for the implementation of all RACM as required by CAA section 172c1 and 40 CFR 51.1112c; 9
The photochemical modeling in the 2018 Western Nevada County Ozone Plan shows that existing CARB and District control measures are sufficient to attain the 2008 ozone NAAQS by the applicable attainment date in Western Nevada County; given the documentation in the 2018 Western Nevada County Ozone Plan of modeling procedures and good model performance, the modeling is adequate to support the attainment demonstration; and therefore the 2018
Western Nevada County Ozone Plan meets the attainment demonstration requirements of CAA section 182c2A and 40 CFR 51.1108; 10
The 15 percent rate-of-progress ROP demonstration element in the 2018 Western Nevada County Ozone Plan meets the requirements of CAA
section 182b1; 11
The RFP demonstration in the 2018
Western Nevada County Ozone Plan provides for emissions reductions of VOC or NOX of at least 3 percent per year on average for each three-year period, beginning 6 years after the baseline year until the attainment date, and thereby meets the requirements of CAA sections 172c2 and 182c2B
and 40 CFR 51.1110a2ii; 12
The motor vehicle emissions budgets in the 2018 Western Nevada County Ozone Plan are consistent with the RFP demonstration, are clearly identified and precisely quantified, and meet all other applicable statutory and regulatory requirements in 40 CFR
93.118e, including the adequacy criteria in 40 CFR 93.118e4 and 5; 13
and Through previous EPA approvals of the 1993 Photochemical Assessment Monitoring Station SIP revision, the Annual Network Plan Covering Monitoring Operations in 25 California Air Districts, July 2020 with respect to the Western Nevada County element,14
9 86

FR 2318, 23232326.
at 23262328.
11 Id. at 2330.
12 Id. at 23302332.
13 Id. at 23342335.
14 Letter dated November 5, 2020, from Gwen Yoshimura, Manager, Air Quality Analysis Office, 10 Id.

PO 00000

Frm 00019

Fmt 4700

Sfmt 4700

27525

and CARBs enhanced monitoring plan submittal for Western Nevada County,15
the enhanced monitoring requirements under CAA section 182c1 and 40
CFR 51.1102 for Western Nevada County have been met.16
In light of the decision from the Ninth Circuit Court of Appeals in Bahr v. EPA
Bahr,17 the District 18 and CARB 19
committed to supplement the contingency measure element through submission, as a SIP revision within one year of our final conditional approval action, of a revised District rule or rules that would add new limits or other requirements if an RFP
milestone is not met or if the area fails to attain the 2008 ozone NAAQS by the applicable attainment date.20 The EPA
proposed to conditionally approve the contingency measure element as meeting the requirements of CAA
sections 172c9 and 182c9.
For the emissions statement element, the proposed rule states that District Rule 513, Emissions Statements and Recordkeeping, approved as a revision to the California SIP on June 21, 2017,21
fulfills the relevant emissions statement requirements of CAA section 182a3Bi.22 Accordingly, the emissions statement element was previously satisfied through the EPAs approval of Rule 513 on June 21, 2017.
However, the EPAs December 11, 2017
finding of failure to submit action incorrectly identified the emissions statement element for Western Nevada County as not having been submitted.23
Additionally, we note that language in EPA Region IX, to Ravi Ramalingam, Chief, Consumer Products and Air Quality Assessment Branch, Air Quality Planning and Science Division, CARB.
15 Letter dated November 9, 2020, from Dr.
Michael T. Benjamin, Chief, Air Quality Planning and Science Division, CARB, to Meredith Kurpius, Assistant Director, EPA Region IX, enclosing the 2020 Monitoring Network Assessment October 2020. The assessment includes a five-year network assessment and an updated enhanced monitoring plan, as required by 40 CFR 58, Appendix D, Section 5a.
16 86 FR 2318, 2336.
17 Bahr v. EPA, 836 F.3d 1218 9th Cir. 2016
rejecting early-implementation of contingency measures and concluding that the contingency measure requirement of CAA section 172c9 can only be satisfied by a measure that takes effect at the time the area fails to make RFP or attain by the applicable attainment date, not before.
18 Letter dated October 26, 2020, from Gretchen Bennitt, NSAQMD Air Pollution Control Officer, to Richard Corey, CARB Executive Officer.
19 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.
20 86 FR 2318, 23322333.
21 82 FR 28240 June 21, 2017.
22 86 FR 2318, 2323.
23 82 FR 58118 December 11, 2017.

E:FRFM21MYR1.SGM

21MYR1