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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
maintenance areas to conform to the SIPs goals of eliminating or reducing the severity and number of violations of the NAAQS and achieving timely attainment of the standards. Conformity to the SIPs goals means that such actions will not: 1 Cause or contribute to violations of a NAAQS, 2 worsen the severity of an existing violation, or 3 delay timely attainment of any NAAQS or any interim milestone.
Actions involving Federal Highway Administration FHWA or Federal Transit Administration FTA funding or approval are subject to the EPAs transportation conformity rule, codified at 40 CFR part 93, subpart A. Under this rule, MPOs in nonattainment and maintenance areas coordinate with state and local air quality and transportation agencies, the EPA, the FHWA, and the FTA to demonstrate that an areas regional transportation plans and transportation improvement programs conform to the applicable SIP. This demonstration is typically done by showing that estimated emissions from existing and planned highway and transit systems are less than or equal to the MVEBs contained in all control strategy SIPs. An attainment, maintenance, or RFP SIP should include budgets for the attainment year, each required RFP milestone year, and the last year of the maintenance plan, as appropriate. Budgets are generally established for specific years and specific pollutants or precursors and must reflect all of the motor vehicle control measures contained in the attainment and RFP demonstrations.216
Under the PM2.5 SIP Requirements Rule, each attainment plan submittal for a Moderate PM2.5 nonattainment area must contain quantitative milestones to be achieved no later than 4.5 years and 7.5 years after the date the area was designated nonattainment.217 The second of these milestone dates, October 15, 2022,218 falls after the latest permissible Moderate area attainment date for the SJV, which is December 31, 2021. As the EPA explained in the preamble to the PM2.5 SIP Requirements Rule, it is important to include a postattainment year quantitative milestone to ensure that, if the area fails to attain by the attainment date, the EPA can continue to monitor the areas progress toward attainment while the state develops a new attainment plan.219
Moderate area plans demonstrating that 216 40

CFR 93.118e4v.
CFR 51.1013a1.
218 Because the SJV was designated nonattainment effective April 15, 2015, the first milestone date is October 15, 2019, and the second milestone date is October 15, 2022. 80 FR 2206.
219 81 FR 58010, 58058 and 5806358064.
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attainment by the Moderate area attainment date is impracticable must, therefore, include budgets for both of the milestone dates. States that submit impracticability demonstrations for Moderate areas under CAA section 189a1Bii, however, are not required to submit budgets for the attainment year because the submitted SIP does not demonstrate attainment.220
PM2.5 plans should identify budgets for direct PM2.5, NOX, and all other PM2.5 precursors for which on-road emissions are determined to contribute significantly to PM2.5 levels in the area for each RFP milestone year and the attainment year, if the plan demonstrates attainment. All direct PM2.5 SIP budgets should include direct PM2.5 motor vehicle emissions from tailpipes, brake wear, and tire wear.
With respect to PM2.5 from re-entrained road dust and emissions of VOC, SO2, and/or ammonia, the transportation conformity provisions of 40 CFR part 93, subpart A, apply only if the EPA
Regional Administrator or the director of the state air agency has made a finding that transportation-related emissions of these pollutants within the area are a significant contributor to the PM2.5 nonattainment problem and has so notified the MPO and Department of Transportation DOT, or if the applicable implementation plan or implementation plan submission includes any of these pollutants in the approved or adequate budget as part of the RFP, attainment, or maintenance strategy.221 Additionally, as the EPA
explained in its May 6, 2005
transportation conformity rule amendments for the PM2.5 NAAQS, it is not necessary for a SIP to explicitly state that VOC, SO2, and/or ammonia are insignificant precursors. Instead, states should consider the on-road contribution of all four precursors to the PM2.5 problem as they develop their SIPs and establish emissions budgets for those precursors for which on-road emissions need to be addressed in order to attain the PM2.5 standard as expeditiously as practicable. Conformity determinations must address all precursors for which the SIP establishes a budget and need not address those precursors for which the state has not established a budget because the emissions of that precursor are insignificant.222
220 Id.

at 58055.
CFR 93.102b3, 93.102b2v, and 93.122f; see also transportation conformity rule preambles at 69 FR 40004, 4003140036 July 1, 2004, 70 FR 24280, 2428324285 May 6, 2005
and 70 FR 31354 June 1, 2005.
222 70 FR 24280, 24287 May 6, 2005.
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By contrast, transportation conformity requirements apply with respect to emissions of NOX unless both the EPA
Regional Administrator and the director of the state air agency have made a finding that transportation-related emissions of NOX within the nonattainment area are not a significant contributor to the PM2.5 nonattainment problem and have so notified the MPO
and DOT, or the applicable implementation plan or implementation plan submission does not establish an approved or adequate budget for such emissions as part of the RFP, attainment, or maintenance strategy.223
The criteria for insignificance determinations are provided in 40 CFR
93.109f. In order for a pollutant or precursor to be considered an insignificant contributor, the control strategy SIP must demonstrate that it would be unreasonable to expect that such an area would experience enough motor vehicle emissions growth in that pollutant/precursor for a NAAQS
violation to occur. Insignificance determinations are based on factors such as air quality, SIP motor vehicle control measures, trends and projections of motor vehicle emissions, and the percentage of the total SIP inventory that is comprised of motor vehicle emissions. The EPAs rationale for providing for insignificance determinations is described in the July 1, 2004, revision to the transportation conformity rule.224
The EPAs process for determining the adequacy of a budget consists of three basic steps: 1 Notifying the public of a SIP submittal; 2 providing the public the opportunity to comment on the budget during a public comment period;
and 3 making a finding of adequacy or inadequacy. The EPA can notify the public by either posting an announcement that the EPA has received SIP budgets on the EPAs adequacy website 40 CFR 93.118f1, or through a Federal Register notice of proposed rulemaking when the EPA
reviews the adequacy of an implementation plan budget simultaneously with its review and action on the SIP itself 40 CFR
93.118f2.
For budgets to be approvable, they must meet, at a minimum, the EPAs adequacy criteria 40 CFR 93.118e4.
To meet these requirements, the budgets must be consistent with the attainment and RFP requirements and reflect all of the motor vehicle control measures 223 40
224 69

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CFR 93.102b2iv.
FR 40004.

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