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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Proposed Rules
2. Provisions to assure that the best available control measures BACM, including best available control technology BACT, for the control of direct PM2.5 and PM2.5 precursors shall be implemented no later than four years after the area is reclassified CAA
section 189b1B;
3. A demonstration including air quality modeling that the plan provides for attainment as expeditiously as practicable but no later than the end of the tenth calendar year after designation as a nonattainment area i.e., December 31, 2015, for the San Joaquin Valley for the 1997 PM2.5 NAAQS;
4. Plan provisions that require RFP
CAA section 172c2;
5. Quantitative milestones that are to be achieved every three years until the area is redesignated attainment and that demonstrate RFP toward attainment by the applicable date CAA section 189c;
6. Provisions to assure that control requirements applicable to major stationary sources of PM2.5 also apply to major stationary sources of PM2.5
precursors, except where the state demonstrates to the EPAs satisfaction that such sources do not contribute significantly to PM2.5 levels that exceed the standard in the area CAA section 189e; 46
7. Contingency measures to be implemented if the area fails to meet RFP or to attain by the applicable attainment date CAA section 172c9;
and 8. A revision to the nonattainment new source review NSR program to lower the applicable major stationary source 47 thresholds from 100 tons per year tpy to 70 tpy CAA section 189b3.
Serious area plans must also satisfy the requirements for Moderate area plans in CAA section 189a, to the extent the state has not already met those requirements in the Moderate area plan submitted for the area.48 In 46 As discussed in section IV.H, California submitted nonattainment NSR SIP revisions to address the subpart 4 requirements for the San Joaquin Valley Serious PM2.5 nonattainment area on November 20, 2019. We are not proposing any action on this submission at this time. We will act on this submission through a separate rulemaking, as appropriate.
47 For any Serious area, the terms major source and major stationary source include any stationary source that emits or has the potential to emit at least 70 tons per year of PM2.5. CAA section 189b3 and 40 CFR 51.165a1ivA1vii and viii defining major stationary source in serious PM2.5 nonattainment areas.
48 Because the EPA has not previously approved a SIP submission for the San Joaquin Valley as meeting the subpart 4 RACM Moderate area planning requirement under CAA section 189 for the 1997 24-hour PM2.5 NAAQS, the EPA is
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addition, the Serious area plan must meet the general requirements applicable to all SIP submissions under section 110 of the CAA, including the requirement to provide necessary assurances that the implementing agencies have adequate personnel, funding, and authority under section 110a2E; and the requirements concerning enforcement provisions in section 110a2C.
B. Requirements for Serious PM2.5 Areas That Fail To Attain In the event that a Serious area fails to attain the PM2.5 NAAQS by the applicable attainment date, CAA section 189d requires that the State in which such area is located shall, after notice and opportunity for public comment, submit within 12 months after the applicable attainment date, plan revisions which provide for attainment of the . . . standard . . . An attainment plan under section 189d must, among other things, demonstrate expeditious attainment of the NAAQS
within the time period provided under CAA section 179d3 and provide for annual reductions in emissions of direct PM2.5 or a PM2.5 plan precursor pollutant within the area of not less than five percent per year from the most recent emissions inventory for the area until attainment.49 In addition to the requirement to submit control measures providing for a five percent reduction in emissions of certain pollutants on an annual basis, the EPA interprets CAA
section 189d as requiring a state to submit an attainment plan that includes the same basic statutory plan elements that are required for other attainment plans.50
Specifically, a state must submit to the EPA its plan to meet the requirements of CAA section 189d in the form of a complete attainment plan submission that includes the following elements: 51
1. A comprehensive, accurate, current inventory of actual emissions from all sources of PM2.5 and PM2.5 precursors in the area;
2. A Serious area plan control strategy that ensures that BACM, including BACT, for the control of direct PM2.5
and PM2.5 precursors are implemented in the area;
3. Additional measures beyond those already adopted in previous evaluating relevant portions of the SJV PM2.5 Plan for compliance with these requirements, in addition to the requirements of CAA sections 189b and 189d.
49 CAA section 189d, 40 CFR 51.1004a3, 40
CFR 51.1010c.
50 81 FR 58010, 58098.
51 40 CFR 51.1003c1.

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nonattainment plan SIP submissions for the area as RACM/RACT, BACM/BACT, and most stringent measures MSM if applicable 52 that provide for attainment of the NAAQS as expeditiously as practicable and, from the date of such submission until attainment, demonstrate that the plan will at a minimum achieve an annual five percent reduction in emissions of direct PM2.5 or any PM2.5 plan precursor;
4. A demonstration including air quality modeling that the plan provides for attainment of the NAAQS at issue as expeditiously as practicable;
5. Plan provisions that require RFP;
6. Quantitative milestones that the state is to meet every three years until the area is redesignated attainment and that demonstrate RFP toward attainment by the applicable date;
7. Contingency measures to be implemented if the state fails to meet any requirement concerning RFP or quantitative milestones or to attain the NAAQS at issue by the applicable attainment date; and 8. Provisions to assure that control requirements applicable to major stationary sources of PM2.5, also apply to major stationary sources of PM2.5
precursors, except where the state demonstrates to the EPAs satisfaction that such sources do not contribute significantly to PM2.5 levels that exceed the NAAQS at issue in the area.53
A states section 189d plan submission must demonstrate attainment as expeditiously as practicable, and no later than five years from the date of the EPAs determination that the area failed to attain, consistent with sections 179d3
and 172a2 of the CAA.54
A state with a Serious PM2.5
nonattainment area that fails to attain the NAAQS by the applicable Serious area attainment date must also address any statutory requirements applicable to Moderate and Serious nonattainment area plans under CAA sections 172 and 189 of the CAA to the extent that those requirements have not already been met.55 Because the EPA has not previously approved a SIP submission 52 MSM is applicable if the EPA has previously granted an extension of the attainment date under CAA section 188e for the nonattainment area and NAAQS at issue.
53 As discussed in section IV.H, California submitted nonattainment NSR SIP revisions to address the subpart 4 requirements for the San Joaquin Valley Serious PM2.5 nonattainment area on November 20, 2019. We are not proposing any action on this submission at this time. We will act on this submission through a separate rulemaking, as appropriate.
54 81 FR 84481, 84482.
55 81 FR 58010, 58098.

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