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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules
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require changes to the districts title V
operating permits programs necessary to reflect the change in the major source threshold for Serious areas.
The Eastern Kern and Western Nevada ozone nonattainment areas are currently classified as Serious for the 2008 ozone NAAQS and therefore are currently subject to the lower major source and major modification thresholds and higher offset ratios applicable to Serious ozone nonattainment areas. The Sacramento Metro nonattainment area is classified as Severe for the 2008 ozone NAAQS
and is therefore subject to the more stringent major source and major modification thresholds and offset ratio applicable to Severe ozone nonattainment areas. For this reason, we anticipate that reclassification to Serious for the 2015 ozone NAAQS will not require the districts to amend their NSR rules to incorporate the requirements for Serious nonattainment areas and that the districts may therefore satisfy the applicable NSR
requirements by certifying that their current NSR programs address Serious area requirements.
We are proposing under our general CAA section 301a authority to establish a deadline of August 3, 2022, for the State to submit, for each area, revised NSR rules or a certification that the areas current NSR program is sufficient to meet the applicable requirements. We are also proposing under CAA section 301a to establish a deadline of August 3, 2022, for each area to submit revised title V program rules reflecting the Serious area major source definition. Given the narrow scope of the required revisions, we anticipate a deadline of August 3, 2022, will allow the districts sufficient time to make the required changes without imposing a lengthy delay in the requirement for sources newly subject to the title V program to submit a timely application.19 Additionally, this date is the same as the submittal due date for other Serious area elements and will allow the districts to submit any NSR
and title V revisions together with these other elements.
C. Reasonably Available Control Technology Ozone nonattainment areas classified as Moderate and above are required to implement reasonably available control technology RACT for major sources.20
Major sources are defined for Moderate 19 A source newly subject to the title V permit program is required to submit a title V application within 12 months after the source becomes subject to the program. See 40 CFR 70.5a1i.
20 CAA sections 182b2 and 182f.

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areas as sources that emit or have the potential to emit 100 tpy of VOC or NOX.21 For Serious areas reclassified from Moderate, the requirement for RACT expands to include all sources that emit, or have the potential to emit, 50 tpy of VOC or NOX.22 Thus, following reclassification from Moderate to Serious, states must revise their RACT SIPs to include those other sources emitting or having the potential to emit between 50 and 100 tpy. Under 40 CFR 51.1312a2ii, RACT SIP
submittals are due 24 months from the effective date of reclassification or a deadline otherwise established by the EPA in the reclassification action.
Under 40 CFR 51.1312a3ii, RACT
requirements triggered by reclassification should be implemented as expeditiously as practicable, but no later than the start of the attainment year ozone season associated with the areas new attainment deadline, or January 1 of the third year after the associated SIP revision submittal deadline, whichever is earlier; or by a deadline otherwise established by the EPA.
Consistent with 40 CFR
51.1312a2ii, we are proposing to establish a deadline of 24 months from the effective date of reclassification to Serious for Eastern Kern, Sacramento Metro, and Western Nevada to submit a Serious area RACT SIP. Consistent with 40 CFR 51.1312a3ii, we are proposing a deadline for implementation of Serious area RACT
rules as expeditiously as practicable but no later than the start of the attainment year ozone season associated with the affected areas new attainment date i.e., January 1, 2027, as proposed 23 or January 1 of the third year after the affected areas Serious area RACT SIP
submittal deadline,24 whichever is earlier. Eastern Kern, Sacramento Metro, and Western Nevada each remain subject to the Moderate area RACT
implementation deadline of January 1, 2023, under 40 CFR 51.1312a3i.
D. Transportation Control CAA section 182c5 requires ozone nonattainment areas that are classified as Serious to submit a demonstration as to whether current aggregate vehicle mileage, aggregate vehicle emissions, 21 CAA

section 302j.
sections 182c and 182f.
23 Because ozone nonattainment areas in California have a year-round ozone season, the start of the attainment year ozone season associated with each areas new attainment date would be January 1, 2027.
24 If the EPA issues a final reclassification action that is effective in calendar year 2021, January 1 of the third year after the RACT SIP submittal deadline would be January 1, 2026.
22 CAA

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congestion levels, and other relevant parameters are consistent with those used for the areas demonstration of attainment. The CAA requires the first report to be submitted 6 years after November 15, 1990, which is two years after the deadline for Serious area attainment demonstrations, and every three years thereafter.25 Consistent with this schedule, we are proposing that the first report be submitted 24 months after the attainment demonstrations for these areas are due i.e., August 3, 2024 and every three years thereafter. If a demonstration shows that such parameters and emissions levels exceed the levels projected for purposes of the areas attainment demonstration, the State would be required to develop and submit a SIP revision within 18 months that includes transportation control measures to reduce emissions to levels that are consistent with those projected in the demonstration.26
III. Reclassification of Areas of Indian Country Because the State of California does not have jurisdiction over Indian country geographically located within the borders of the state, CARBs reclassification requests do not apply to the areas of Indian country within the boundaries of the nonattainment areas identified in 40 CFR 81.305. In these areas of Indian country, the EPA
implements federal CAA programs, including reclassifications, consistent with our discretionary authority under sections 301a and 301d4 of the CAA. There are no tribal lands located within the boundaries of the Eastern Kern and Western Nevada ozone nonattainment areas. The Sacramento Metro ozone nonattainment area includes lands of four federally recognized tribes: The Shingle Springs Band of Miwok Indians, Shingle Springs Rancheria Verona Tract; the United Auburn Indian Community of the Auburn Rancheria of California; the Wilton Rancheria; and the Yocha Dehe Wintun Nation.
The EPA contacted tribal officials from each of the federally recognized tribes having jurisdiction over lands within the boundaries of the Sacramento Metro ozone nonattainment area to invite government-togovernment consultation on this rulemaking. Under the EPAs Consultation Policy, the EPA consults on a government-to-government basis with federally recognized tribal governments when the EPAs actions and decisions may affect tribal interests.
25 CAA
26 CAA

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section 182c2.
section 182c5.

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