Title 40

SECTION 52.248

52.248 Identification of plan - conditional approval.

§ 52.248 Identification of plan - conditional approval.

(a) The EPA is conditionally approving a California State Implementation Plan (SIP) revision submitted on November 13, 2015 updating the motor vehicle emissions budgets for nitrogen oxides (NOX) and coarse particulate matter (PM10) for the 1987 24-hour PM10 standard for the San Joaquin Valley PM10 maintenance area. The conditional approval is based on a commitment from the State to submit a SIP revision that demonstrates full implementation of the contingency provisions of the 2007 PM10 Maintenance Plan and Request for Redesignation (September 20, 2007). If the State fails to meet its commitment by June 1, 2017, the approval is treated as a disapproval.

(b) The EPA is conditionally approving portions of the California SIP revisions submitted on January 31, 2007 and October 23, 2015, demonstrating control measures in the Antelope Valley portion of the Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment area implement RACT for the 1997 and 2008 ozone standards. The conditional approval is based on a commitment from the state to submit new or revised rules that will correct deficiencies in the rules listed in paragraphs (b)(1) through (4) of this section by November 9, 2018. If the State fails to meet its commitment by November 9, 2018, the conditional approval is treated as a disapproval.

(1) [Reserved]

(2) Rule 1110.2, Emissions from Stationary, Non-road & Portable Internal Combustion Engines;

(3) Rule 1151, Motor Vehicle and Mobile Equipment Coating Operations; and

(4) [Reserved]

(d)(1) The EPA is conditionally approving portions of the California SIP revisions submitted on July 11, 2007 and September 9, 2015, demonstrating control measures in the Mojave Desert portion of the Los Angeles-San Bernardino Counties (West Mojave Desert) nonattainment area implement RACT for the 1997 and 2008 ozone standards. The conditional approval is based on a commitment from the state to submit new or revised rules that will correct deficiencies in the following rules for the Mojave Desert Air Quality Management District:

(i)-(vi) [Reserved]

(vii) Rule 1157, Boilers and Process Heaters;

(viii) Rule 1160, Internal Combustion Engines;

(ix) Rule 1161, Portland Cement Kilns; and

(x) [Reserved]

(2) If the State fails to meet its commitment by January 31, 2019, the conditional approval is treated as a disapproval.

(e) [Reserved]

(f) The EPA is conditionally approving a California State Implementation Plan (SIP) revision submitted on May 8, 2017, updating Rule 1325 - Federal PM2.5 New Source Review Program, for the South Coast Air Quality Management District. The conditional approval is based on a commitment from the State to submit a SIP revision that will correct the identified deficiencies. If the State fails to meet its commitment by December 30, 2019, the conditional approval is treated as a disapproval.

(g) The EPA is conditionally approving the California State Implementation Plan (SIP) for San Joaquin Valley for the 2008 ozone NAAQS with respect to the contingency measure requirements of CAA sections 172(c)(9) and 182(c)(9). The conditional approval is based on a commitment from the San Joaquin Valley Unified Air Pollution Control District (District) dated October 18, 2018 to adopt specific rule revisions, and a commitment from the California Air Resources Board (CARB) dated October 30, 2018 to submit the amended District rule to the EPA within 12 months of the effective date of the final conditional approval. If the District or CARB fail to meet their commitment within one year of the effective date of the final conditional approval, the conditional approval is treated as a disapproval.

(h) The EPA is conditionally approving the California State Implementation Plan (SIP) for the South Coast for the 2008 ozone NAAQS with respect to the reasonable further progress (RFP) contingency measure requirements of CAA sections 172(c)(9) and 182(c)(9). The conditional approval is based on a commitment from the South Coast Air Quality Management District (District) in a letter dated January 29, 2019, and clarified in a letter dated May 2, 2019, to adopt specific rule revisions, and a commitment from the California Air Resources Board (CARB) dated February 13, 2019 to submit the amended District rule or rules to the EPA within 12 months of the effective date of the final conditional approval. If the District or CARB fail to meet their commitments within one year of the effective date of the final conditional approval, the conditional approval is treated as a disapproval.

(i) The EPA is conditionally approving a portion of the California SIP revision submitted on November 14, 2017 demonstrating that control measures in the Imperial County Air Pollution Control District implement RACT for the 2008 8-hour National Ambient Air Quality Standards. The conditional approval is based on a commitment from the state to submit new or revised rules that will correct deficiencies in Rule 415, Transfer and Storage of Gasoline to establish RACT-level controls for sources covered by the Control Techniques Guidelines source category Control of Hydrocarbons from Tank Truck Gasoline Loading Terminals (EPA-450/2-77-026). If the State fails to meet it commitment by one year from the date of this conditional approval, the conditional approval is treated as a disapproval.

(j) The EPA is conditionally approving the California State Implementation Plan (SIP) for Ventura County for the 2008 ozone NAAQS with respect to the contingency measures requirements of CAA sections 172(c)(9) and 182(c)(9). The conditional approval is based on a commitment from the Ventura County Air Pollution Control District (District) in a letter dated August 16, 2019, to adopt a specific rule revision, and a commitment from the California Air Resources Board (CARB) dated August 30, 2019, to submit the amended District rule to the EPA within 12 months of the effective date of the final conditional approval. If the District or CARB fail to meet their commitments within one year of the effective date of the final conditional approval, the conditional approval is treated as a disapproval.

(k) The EPA is conditionally approving the California State Implementation Plan (SIP) for the South Coast with respect to the contingency measure requirement in CAA section 172(c)(9) for both the Serious area plan for the 2006 PM2.5 NAAQS and the Moderate area plan for the 2012 PM2.5 NAAQS. The conditional approval is based on a commitment from the South Coast Air Quality Management District (District) in a letter dated February 12, 2020, to adopt specific rule revisions, and a commitment from the California Air Resources Board (CARB) dated March 3, 2020, to submit the amended District rule to the EPA by the earlier of one year after the date of the EPA's conditional approval of the contingency measures for the 2012 annual PM2.5 standard, or 60 days after the date the EPA determines that the South Coast area has failed to attain the 2006 24-hour PM2.5 standards but no later than one year after the date of the EPA's conditional approval of the contingency measures for these standards. The EPA determined on September 16, 2020, that the South Coast area had failed to attain the 2006 24-hour PM2.5 standards. Therefore, CARB must submit the amended District rule to the EPA by November 16, 2020. If the District or CARB fail to meet their commitments, the conditional approval is treated as a disapproval.

[82 FR 46926, Oct. 10, 2017, as amended at 82 FR 57135, Dec. 4, 2017; 83 FR 5923, Feb. 12, 2018; 83 FR 23374, May 21, 2018; 83 FR 50010, Oct. 4, 2018; 83 FR 61552, Nov. 30, 2018; 84 FR 11207, Mar. 25, 2019; 84 FR 19682, May 3, 2019; 84 FR 31684, 31686, July 2, 2019; 84 FR 52015, Oct. 1, 2019; 85 FR 8185, Feb. 13, 2020; 85 FR 11814, Feb. 27, 2020; 85 FR 25295, May 1, 2020; 85 FR 38086, June 25, 2020; 85 FR 57729, Sept. 16, 2020; 85 FR 71269, Nov. 9, 2020]