[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Proposed Rules]
[Pages 70326-70328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29879]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 81

[NV-032-FON; FRL-6905-6]


Clean Air Act Reclassification; Nevada--Reno Planning Area; 
Particulate Matter of 10 Microns or Less (PM-10)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: In this action EPA proposes to find that the Reno (Washoe 
County) Planning Area (RPA) has not attained the PM-10 national ambient 
air quality standards (NAAQS) by the Clean Air Act (CAA) mandated 
attainment date for moderate nonattainment areas. Section 188(c)(1) of 
the Act established an attainment date of no later than December 31, 
1994 for areas classified as moderate nonattainment areas under section 
107(d)(4)(B) of the CAA. This proposed finding is based on monitored 
air quality data for the PM-10 NAAQS during the years 1992-1994. If EPA 
takes final action on this proposed finding, the RPA will be 
reclassified by operation of law as a serious nonattainment area under 
section 188(b)(2)(A) of the CAA.

DATES: Comments on this proposed finding must be received in writing by 
December 7, 2000.

ADDRESSES: Comments should be addressed to Manny Aquitania, U.S. 
Environmental Protection Agency, Region 9, Air Division, Planning 
Office (AIR-2), 75 Hawthorne Street, San Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: For monitoring data questions contact 
Manny Aquitania, U.S. EPA, Region 9, Air Division, Technical Support 
Office (AIR-7), 75 Hawthorne Street, San Francisco, California 94105; 
(415) 744-1299, [email protected]. For other questions contact 
Doris Lo, U.S. Environmental Protection Agency, Region 9, Air Division, 
Planning Office (AIR-2), 75 Hawthorne Street, San Francisco, California 
94105, (415) 744-1287, [email protected].

SUPPLEMENTARY INFORMATION:   

I. Background

A. CAA Requirements and EPA Actions Concerning Designation and 
Classification

    On November 15, 1990, the date of enactment of the 1990 Clean Air 
Act Amendments, PM-10 areas meeting the qualifications of section 
107(d)(4)(B) of the Act were designated nonattainment by operation of 
law. Once an area is designated nonattainment, section 188 of the Act 
outlines the process for classification of the area and establishes the 
area's attainment date. Pursuant to section 188(a), all PM-10 
nonattainment areas were initially classified as moderate by operation 
of law upon designation as nonattainment. These nonattainment 
designations and moderate area classifications were codified in 40 CFR 
part 81 in a Federal Register notice published on November 6, 1991 (56 
FR 56694). The Reno Planning Area (RPA) was designated nonattainment 
and classified as moderate. See 40 CFR 81.329.
    States containing areas which were designated as moderate 
nonattainment by operation of law under section 107(d)(4)(B) were to 
develop and submit state implementation plans (SIPs) to

[[Page 70327]]

provide for the attainment of the PM-10 NAAQS. Pursuant to section 
189(a)(2), those SIP revisions were to be submitted to EPA by November 
15, 1991.

B. Reclassification as Serious Nonattainment

    EPA has the responsibility, pursuant to sections 179(c) and 
188(b)(2) of the Act, of determining within 6 months of the applicable 
attainment date, whether PM-10 nonattainment areas have attained the 
NAAQS. Section 179(c)(1) of the Act provides that these determinations 
are to be based upon an area's ``air quality as of the attainment 
date'', and section 188(b)(2) is consistent with this requirement. EPA 
makes the determinations of whether an area's air quality is meeting 
the PM-10 NAAQS based upon air quality data gathered at monitoring 
sites in the nonattainment area. These data are reviewed to determine 
the area's air quality status in accordance with EPA guidance at 40 CFR 
part 50, appendix K.
    Pursuant to appendix K, attainment of the annual PM-10 standard is 
achieved when the annual arithmetic mean PM-10 concentration is equal 
to or less than 50 g/m3. Attainment of the 24-hour standard is 
determined by calculating the expected number of exceedances of the 150 
g/m3 limit per year. The 24-hour standard is attained when the 
expected number of exceedances is 1.0 or less. A total of 3 consecutive 
years of clean air quality data is generally necessary to show 
attainment of the 24-hour and annual standards for PM-10. A complete 
year of air quality data, as referred to in 40 CFR part 50, appendix K, 
is comprised of all 4 calendar quarters with each quarter containing 
data from at least 75 percent of the scheduled sampling days.
    Under section 188(b)(2)(A), a moderate PM-10 nonattainment area 
must be reclassified as serious by operation of law after the statutory 
attainment date if the Administrator finds that the area has failed to 
attain the NAAQS. Pursuant to section 188(b)(2)(B) of the Act, EPA must 
publish a notice in the Federal Register identifying those areas that 
failed to attain the standard and the resulting reclassifications.

II. Today's Action

    EPA is, by today's action, proposing to find that the RPA did not 
attain either the 24-hour or annual PM-10 NAAQS by the required 
attainment date of December 31, 1994. As discussed below, this proposed 
finding is based upon air quality data which revealed violations of the 
PM-10 NAAQS during 1992-1994.\1\
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    \1\ The RPA is also not currently attaining the PM-10 NAAQS. A 
summary of more recent air quality data can be found in the docket.
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A. Ambient Air Monitoring Data

    The following table lists each of the monitoring sites in the RPA 
where the 24-hour and annual PM-10 NAAQS were violated during 1992-
1994:
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    \2\ All violating PM-10 samplers in RPA operated on a 1-in-6 day 
sampling schedule. Since sampling is not performed every day, any 
exceedance of the 24-hour NAAQS is adjusted such that the exceedance 
is now considered a violation. The procedures for calculating the 
number of violations is specified in 40 CFR part 50, appendix K.

                                                             Sites Violating PM-10 NAAQS \2\
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                                        24-hour exceedances (micrograms per cubic                Annual averages (micrograms per cubic meter)
                                                 meter, g/m\3\)            --------------------------------------------------------------------
                Site                ------------------------------------------------
                                          Concentration               Date                    1992                   1993                   1994
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Reno--N. Lake St...................  167 48 g/m\3\  1/25/93...............
Reno--Galetti Way..................  ......................  ......................  48 g/m\3\...  55 g/m\3\...  52 g/m\3\
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Reno--N. Lake St. monitoring site in the RPA violated the 24-
hour PM-10 NAAQS during 1992-1994. This site recorded a concentration 
of 167 micrograms per cubic meter on January 25, 1993.
    The Reno--N. Lake St. monitoring site operates on a one-in-six day 
sampling schedule. Generally, if PM-10 sampling is scheduled less than 
every day, EPA requires the adjustment of observed exceedances to 
account for incomplete sampling. In the case of the Reno--N. Lake St. 
site, one exceedance of the 24-hour NAAQS was observed in 1993. After 
adjusting for incomplete sampling, the number of exceedances of the 
NAAQS in 1993 at this site was 6.4.
    According to 40 CFR part 50, the 24-hour NAAQS is attained when the 
expected number of days per calendar year with a 24-hour average 
concentration above 150 g/m\3\ is equal to or less than one. 
In the simplest case, the number of expected exceedances at a site is 
determined by recording the number of exceedances in each calendar year 
and then averaging them over the past three calendar years. Therefore 
from 1992-1994, the number of expected exceedances at the the Reno--N. 
Lake St. monitoring site was 2.1. This exceedance causes the Reno--N. 
Lake St. site to be in violation of the 24-hour PM-10 NAAQS.
    In addition, the annual PM-10 NAAQS was violated at the Reno--
Galetti Way site in RPA. Based on the monitoring data collected during 
1992-1994, the Reno--Galetti site had an annual average of 52 
g/m3.

B. SIP Requirements for Serious Areas

    PM-10 nonattainment areas reclassified as serious under section 
188(b)(2) of the CAA are required to submit, within 18 months of the 
area's reclassification, SIP revisions providing for the implementation 
of best available control measures (BACM) no later than four years from 
the date of reclassification. The SIP also must contain, among other 
things, a demonstration that the implementation of BACM will provide 
for attainment of the PM-10 NAAQS no later than December 31, 2001.\3\ 
See CAA sections 188(c)(2) and 189(b). EPA has provided specific 
guidance on developing serious area PM-10 SIP revisions in an addendum 
to the General Preamble to Title I of the Clean Air Act. See 59 FR 
41998 (August 16, 1994).
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    \3\ If certain conditions are met, EPA may extend this 
attainment deadline to no later than December 31, 2006. CAA section 
188(e).
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III. Request for Public Comment

    The EPA is requesting comment on all aspects of today's proposal. 
As indicated at the outset of this notice, EPA will consider any 
comments received by December 7, 2000.

IV. Administrative Requirements

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
proposed action is not a ``significant regulatory action'' and 
therefore is not subject to review by the Office of Management and 
Budget.

[[Page 70328]]

    Under section 188(b)(2) of the CAA, findings of failure to attain 
is based solely upon air quality considerations and the subsequent 
nonattainment area reclassification must occur by operation of law in 
light of those air quality conditions. These actions do not, in-and-of 
themselves, impose any new requirements on any sectors of the economy. 
In addition, because the statutory requirements are clearly defined 
with respect to the differently classified areas, and because those 
requirements are automatically triggered by classifications that, in 
turn, are triggered by air quality values, findings of failure to 
attain and reclassification cannot be said to impose a materially 
adverse impact on State, local, or tribal governments or communities.
    Accordingly, the Administrator certifies that this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et 
seq.).
    Similarly, because the proposed finding of failure to attain is a 
factual determination based on air quality considerations and the 
resulting reclassification must occur by operation of law and, do not 
impose any federal intergovernmental mandate, these actions do not 
contain any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4). For the same reason, this proposed rule also does 
not significantly or uniquely affect the communities of Indian tribal 
governments, as specified by Executive Order 13084 (63 FR 27655, May 
10, 1998).
    For the same reasons, this proposed finding of failure to attain 
and resulting reclassification will not have substantial direct effects 
on the States, on the relationship between the national government and 
the States, or on the distribution of power and responsibilities among 
the various levels of government, as specified in Executive Order 13132 
(64 FR 43255, August 10, 1999). These proposed actions are also not 
subject to Executive Order 13045 (62 FR 19885, April 23, 1997), because 
they are not economically significant. Finally, for the same reason 
that this proposed finding of failure to attain is a factual 
determination based on air quality considerations and the resulting 
reclassification must occur by operation of law, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.
    As required by section 3 of Executive Order 12988 (61 FR 4729, 
February 7, 1996), in issuing this proposed finding of failure to 
attain, EPA has taken the necessary steps to eliminate drafting errors 
and ambiguity, minimize potential litigation, and provide a clear legal 
standard for affected conduct. EPA has complied with Executive Order 
12630 (53 FR 8859, March 15, 1988) by examining the takings 
implications of the rule in accordance with the ``Attorney General's 
Supplemental Guidelines for the Evaluation of Risk and Avoidance of 
Unanticipated Takings'' issued under the executive order. This proposed 
finding of failure to attain does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 13, 2000.
Felicia Marcus,
Regional Administrator, Region 9.
[FR Doc. 00-29879 Filed 11-21-00; 8:45 am]
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