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Federal Register / Vol. 86, No. 97 / Friday, May 21, 2021 / Rules and Regulations
subpart 1 RFP requirements for attainment plans under section 172c2
the commenter refers to these as attainment RFP requirements from the subpart 2 RFP requirements applicable to Moderate and above and also Serious and above ozone nonattainment areas under CAA
182b1Ai and 182c2B
respectively the commenter refers to these as VOC RFP requirements.
Similarly, CBD distinguishes the subpart 1 contingency measure requirements at CAA 172c9 which, according to the commenter, are applicable upon a failure to make attainment RFP or to attain a NAAQS
by the applicable attainment date from the subpart 2 contingency measure requirements at CAA 182c9 which, according to the commenter, are applicable upon a failure to meet any applicable VOC RFP milestone. CBD
argues that under CAA 182c9, the subpart 2 VOC RFP contingency measure requirements are in addition to the subpart 1 attainment RFP
contingency measures, and that this language compels the EPA to require separate, distinct VOC RFP contingency measures, including not only the triggers for these measures, but the substantive contingency measures themselves. CBD asserts that the subpart 1 RFP and contingency measure requirements are distinct in purpose from the subpart 2 RFP and contingency measure requirements, and that CAA
172c9 attainment RFP contingency measures are intended to make progress II. Public Comments and EPA
towards attainment while a state Responses assesses the additional reductions The public comment period on the needed to timely attain the ozone proposed rule opened on January 12, standards, whereas CAA 182c9 VOC
2021, the date of its publication in the RFP contingency measures are intended Federal Register, and closed on to make progress in VOC emission February 11, 2021. During this period, reductions if the state elects to trigger the EPA received one comment letter them instead of reclassification or submitted by Air Law for All, Ltd. on adoption of an economic incentive behalf of the Center for Biological program.
Diversity and the Center for Additionally, CBD asserts that the Environmental Health collectively EPA entirely fails to discuss CAA
referred to herein as CBD. We 182c9s clear language, the structural address CBDs comments in the distinction between what the following paragraphs of this final rule.
commenter asserts are separate Comment 1: CBD asserts that the attainment RFP and VOC RFP
EPA has conflated the requirements for requirements, and the corresponding contingency measures under subparts 1
and 2 of part D of title I of the CAA. CBD need to have distinct attainment RFP
contingency measures and VOC RFP
distinguishes the generally applicable contingency measures. Given this distinction, CBD says, the EPA cannot 24 82 FR 28240, 28241 finding that Rule 513
approve the single submitted fulfills relevant emission statement requirements of CAA 182a3Bi.
contingency measure as meeting both 25 See 86 FR 2318, 2335.
attainment RFP and VOC RFP
26 See id. at 2320.
contingency measure requirements. CBD
27 See Demographic Information About the concludes that the EPA must propose County, County of Nevada, California, available at for comment its theory for how it can https www.mynevadacounty.com/378/
Demographic-Information-About-the-County.
reconcile these distinct RFP

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the proposed rule stating that the EPA
was proposing to find that Rule 513
meets the emissions statement requirements could be read to indicate that the EPA was proposing to address this element in the proposed rule.
Therefore, we now clarify that the EPAs June 21, 2017 approval of Rule 513
satisfied the emissions statement element for Western Nevada County prior to the finding of failure to submit action and prior to the proposed rule.24
For the clean fuels fleet program element, the proposed rule states that through the 1994 Opt-Out Program SIP revision, the clean fuels fleet program requirements in CAA sections 182c4 and 246 and 40 CFR 51.1102
for Western Nevada County have been met with respect to the 2008 ozone NAAQS.25 However, CAA section 246a3 applies only to certain ozone nonattainment areas with a 1980
population of 250,000 or more. As indicated in our proposed rule, Western Nevada County has a population of 83,000,26 and the areas population was below 250,000 in 1980.27 Therefore, we now clarify that Western Nevada County is not subject to the clean fuels fleet program element for the 2008 ozone NAAQS.
Please see our proposed rule for more information concerning the background for this action and for a more detailed discussion of the rationale for approval or conditional approval of the abovelisted elements of the 2018 Western Nevada County Ozone Plan.

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requirements in order to approve the submission as meeting the contingency measure requirement for both.
Response to Comment 1: As the commenter notes, Serious ozone nonattainment areas are subject to both the general requirements for nonattainment plans in subpart 1, and the specific requirements for ozone areas in subpart 2, including the requirements related to RFP and contingency measures. This is consistent with the structure of the CAA
as modified under the 1990
amendments, which introduced additional subparts to part D of title I of the CAA to address requirements for specific NAAQS pollutants, including ozone subpart 2, carbon monoxide CO subpart 3, particulate matter subpart 4, and sulfur oxides, nitrogen dioxide, and lead subpart 5.
These subparts apply tailored requirements for these pollutants, including those based on an areas designation and classification, in addition to and often in place of the generally applicable provisions retained in subpart 1. While CAA 172c2 of subpart 1 states only that nonattainment plans shall require reasonable further progress, CAA 182b1 and 182c2B of subpart 2 provide specific percent reduction targets for ozone nonattainment areas to meet the RFP requirement. Put another way, subpart 2 further defines RFP for ozone nonattainment areas by specifying the incremental amount of emissions reduction required by set dates for those areas.28 In the context of section 182c2B, the percentage reduction target constitutes an RFP milestone as described in section 182g, by which the EPA determines a Serious ozone nonattainment areas compliance with the RFP requirements. For Serious and above ozone nonattainment areas, CAA
section 182c2B defines RFP by setting specific annual percent reductions and allows averaging over a 3-year period, and 182g establishes an RFP tracking mechanism called a milestone such that failure to meet a milestone equates to failure to meet the RFP requirement; they are one and the 28 CAA 1711 defines reasonable further progress as such annual incremental reductions in emissions of the relevant air pollutant as are required by this part or may reasonably be required by the Administrator for the purpose of ensuring attainment of the applicable national ambient air quality standard by the applicable date. As the commenter notes, the words this part in the statutory definition of RFP refer to part D of title I of the CAA, which contains both the general requirements in subpart 1 and the pollutant-specific requirements in subparts 25 including the ozonespecific RFP requirements in CAA 182b1 and 182c2B for Serious areas.

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