[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76232-76235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30487]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0633; FRL-9939-48-Region 9]


PM10 Plans and Redesignation Request; Truckee Meadows, Nevada; 
Deletion of TSP Area Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final 
action to approve two revisions to the Nevada state implementation 
plan. The first revision provides a demonstration of implementation of 
best available control measures (BACM) for control of particulate 
matter with an aerodynamic diameter less than or equal to a nominal ten 
micrometers (PM10) within Truckee Meadows. The second 
revision is a plan that provides for the maintenance of the national 
ambient air quality standard (NAAQS or ``standard'') for 
PM10 in Truckee Meadows through 2030, includes an emissions 
inventory consistent with attainment, and establishes motor vehicle 
emissions budgets. In connection with these approvals, the EPA is 
taking final action to determine that major stationary sources of 
PM10 precursors do not contribute significantly to elevated 
PM10 levels in the area. Also, based in part on the 
approvals of the BACM demonstration and maintenance plan and 
determination regarding PM10 precursors, the EPA is taking 
final action to approve the State of Nevada's request for redesignation 
of the Truckee Meadows nonattainment area to attainment for the 
PM10 standard. Lastly, the EPA is taking final action to 
delete the area designation for Truckee Meadows for the revoked 
standard for total suspended particulate (TSP). The EPA is taking these 
actions because the SIP revisions meet the applicable statutory and 
regulatory requirements for such plans and related motor vehicle 
emissions budgets and because the area meets the Clean Air Act 
requirements for redesignation of nonattainment areas to attainment.

DATES: This rule is effective on January 7, 2016.

ADDRESSES: The EPA has established a docket for this action under 
Docket ID Number EPA-R09-OAR-2015-0633. Generally, documents in the 
docket for this action are available electronically at 
www.regulations.gov and in hard copy at the EPA Region IX, 75 Hawthorne 
Street, San Francisco, California. While all documents in the docket 
are listed at www.regulations.gov, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material, 
large maps), and some may not be publicly available in either location 
(e.g., confidential business information or ``CBI''). To inspect the 
hard copy materials, please schedule an appointment during normal 
business hours with the contact listed in the FOR FURTHER INFORMATION 
CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963, [email protected].

[[Page 76233]]


SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or 
``our'' refer to the EPA. This supplementary information section is 
arranged as follows:

Table of Contents

I. Proposed Actions
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews

I. Proposed Actions

    On September 30, 2015 (80 FR 58640), under Clean Air Act (CAA or 
``Act'') section 110(k)(3), the EPA proposed to approve the BACM-
related portion of the submittal from the Nevada Division of 
Environmental Protection (NDEP) dated August 5, 2002 of Revisions to 
the Nevada Particulate Matter (PM10) State Implementation Plan for the 
Truckee Meadows Air Basin (August 2002) (``2002 PM10 
Attainment Plan''), and the submittal from NDEP dated November 7, 2014 
of the Redesignation Request and Maintenance Plan for the Truckee 
Meadows 24-Hour PM10 Nonattainment Area (August 28, 2014) (``2014 
PM10 Maintenance Plan'') as revisions to the Nevada state 
implementation plan (SIP). In so doing, we found that the BACM 
demonstration in the 2002 PM10 Attainment Plan satisfied the 
BACM requirement in CAA section 189(b)(1)(B) and that the 2014 
PM10 Maintenance Plan adequately demonstrates that the area 
will maintain the PM10 standard for 10 years beyond 
redesignation. We also found that that major stationary sources of 
PM10 precursors do not contribute significantly to elevated 
PM10 levels in the area. In connection with the 2014 
PM10 Maintenance Plan, we found that it includes sufficient 
contingency provisions to promptly correct any violation of the 
PM10 standard which occurs after redesignation and thereby 
meets the requirements for maintenance plans under CAA section 175A. We 
also proposed to approve the motor vehicle emissions budgets (MVEBs) in 
the 2014 PM10 Maintenance Plan because we found they meet 
the applicable transportation conformity requirements under 40 CFR 
93.118(e).
    In our September 30, 2015 proposed rule, under CAA section 
107(d)(3)(D), we proposed to grant NDEP's request to redesignate the 
Truckee Meadows PM10 nonattainment area from 
``nonattainment'' to ``attainment'' for the PM10 standard. 
We proposed to do so based on our conclusion that Truckee Meadows has 
attained the PM10 standard; that the relevant portions of 
the Nevada SIP are fully approved; that the improvement in air quality 
is due to permanent and enforceable emissions reductions; that the 
State of Nevada has met all of the requirements applicable to the 
Truckee Meadows PM10 nonattainment area with respect to 
section 110 and part D of the CAA; and, based on our proposed approval 
as described above, that the 2014 PM10 Maintenance Plan 
meets the requirements for maintenance plans under section 175A of the 
CAA; and that, therefore, the State of Nevada has met the criteria for 
redesignation under CAA section 107(d)(3)(E) for the Truckee Meadows 
PM10 nonattainment area.
    We also proposed to delete the area designation for Truckee Meadows 
for the revoked NAAQS for TSP.
    Please see our September 30, 2015 proposed rule for a detailed 
discussion of the background for these actions, and the rationale for 
approval of the 2014 PM10 Maintenance Plan, for granting 
NDEP's request for redesignation of Truckee Meadows to attainment, and 
for deleting the TSP designation for Truckee Meadows.

II. Public Comments

    Our September 30, 2015 proposed rule provided a 30-day public 
comment period, which closed on October 30, 2015. We received no 
comments on our proposal during this period.

III. Final Action

    Under CAA section 110(k)(3), and for the reasons set forth in our 
September 30, 2015 proposed rule, the EPA is taking final action to 
approve the BACM demonstration submitted by the NDEP on August 5, 2002 
as part of the 2002 Truckee Meadows PM10 Attainment Plan and 
the 2014 Truckee Meadows PM10 Maintenance Plan submitted by 
the NDEP on November 7, 2014 as revisions of the Nevada SIP. In so 
doing, the EPA finds that the 2011 attainment inventory in the 
maintenance plan meets the requirements of CAA section 172(c)(3) and 
finds that the maintenance demonstration showing how Truckee Meadows 
will continue to attain the PM10 standard through 2030, and 
the contingency provisions describing the actions that the Washoe 
County Health District's Air Quality Management Division (``WCAQMD'') 
will take in the event of a future monitored violation, meet all 
applicable requirements for maintenance plans and related contingency 
provisions in CAA section 175A. The EPA is also approving the following 
MVEBs in the 2014 PM10 Maintenance Plan because we find they 
meet the applicable adequacy criteria under 40 CFR 93.118(e):

 2014 PM[ihel1][ihel0] Maintenance Plan Motor Vehicle Emissions Budgets
                      [Average winter day, lbs/day]
------------------------------------------------------------------------
                      Budget year                       PM[ihel1][ihel0]
------------------------------------------------------------------------
2015..................................................            5,638
2020..................................................            6,088
2025..................................................            6,473
2030..................................................            6,927
------------------------------------------------------------------------
Source: 2014 PM10 Maintenance Plan at table 6-6, page 28.

    In addition, under CAA section 107(d)(3)(D), we are approving the 
State's request, which accompanied the submittal of the 2014 
PM10 Maintenance Plan, to redesignate the Truckee Meadows 
PM10 nonattainment area to attainment for the 
PM10 standard. We are doing so based on our conclusion that 
the area has met, or will meet as part of this action, all of the 
criteria for redesignation under CAA section 107(d)(3)(E). More 
specifically, we find that Truckee Meadows has attained the 
PM10 standard based on the most recent three-year period 
(2012-2014) of quality-assured, certified, and complete (or otherwise 
validated) PM10 data; that relevant portions of the Nevada 
SIP are fully approved; that the improvement in air quality is due to 
permanent and enforceable reductions in emissions; that Nevada has met 
all requirements applicable to the Truckee Meadows PM10 
nonattainment area with respect to section 110 and part D of the CAA; 
and that Truckee Meadows has a fully approved maintenance plan meeting 
the requirements of CAA section 175A.
    In connection with the above approvals and determinations, and as 
authorized under CAA section 189(e), we are determining that major 
stationary sources of PM10 precursors do not contribute 
significantly to PM10 exceedances in the Truckee Meadows 
nonattainment area.
    Lastly, the EPA is taking final action to delete the area 
designation for Truckee Meadows for the revoked national standard for 
TSP because the designation is no longer necessary.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. Redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of

[[Page 76234]]

requirements contained in the CAA for areas that have been redesignated 
to attainment. Moreover, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, the EPA's role is to approve State choices, 
provided that they meet the criteria of the Clean Air Act. Accordingly, 
these actions merely approve a State plan and redesignation request as 
meeting Federal requirements and do not impose additional requirements 
beyond those by State law. For these reasons, these actions:
     Are not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 
3821, January 21, 2011);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Do not provide the EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the State plan that the EPA is approving does not 
apply on any Indian reservation land or in any other area where the EPA 
or an Indian tribe has demonstrated that a tribe has jurisdiction. In 
those areas of Indian country, the rule, as it relates to the 
maintenance plan, does not have tribal implications and will not impose 
substantial direct costs on tribal governments or preempt tribal law as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000). 
However, prior to its September 30, 2015 proposal, the EPA offered to 
consult with representatives of the Reno-Sparks Indian Colony, which 
consists of members of three Great Basin Tribes--the Paiute, the 
Shoshone, and the Washo--and which has Indian country within the 
Truckee Meadows air quality planning area because the Indian country 
within the Truckee Meadows area is being redesignated to attainment 
along with State lands. The Reno-Sparks Indian Colony did not respond 
to the EPA's offer to consult.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by February 8, 2016. Filing a petition for 
reconsideration by the Administrator of this final rule does not affect 
the finality of this action for the purposes of judicial review nor 
does it extend the time within which a petition for judicial review may 
be filed, and shall not postpone the effectiveness of such rule or 
action. This action may not be challenged later in proceedings to 
enforce its requirements. (See section 307(b)(2)).

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Particulate 
matter, Reporting and recordkeeping requirements, Sulfur dioxide.

40 CFR Part 81

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

    Dated: November 16, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.

    Chapter I, title 40 of the Code of Federal Regulations is amended 
as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding in paragraph (e), under the 
table heading ``Air Quality Implementation Plan for the State of 
Nevada'' an entry for ``Revisions to the Nevada Particulate Matter 
(PM10) State Implementation Plan for the Truckee Meadows Air 
Basin (August 2002), Section V; Section VI, Table 4; and Appendix B, 
Tables 1-2 and 1-3 only'' and an entry for ``Redesignation Request and 
Maintenance Plan for the Truckee Meadows 24-Hour PM10 
Nonattainment Area (August 28, 2014)'' after the entry for ``State 
Implementation Plan for a Basic Program for the Inspection and 
Maintenance of Motor Vehicles for the Truckee Meadows Planning Area, 
Nevada (June 1994), including the cover page through page 9, appendix 
1, appendix 2 (only the certification of compliance and Nevada attorney 
general's opinion), and appendices 3, 6, 8, and 10.''
    The added text reads as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (e) * * *

[[Page 76235]]



                   EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
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                                     Applicable
                                    geographic or         State
     Name of SIP provision          nonattainment    submittal date   EPA Approval date        Explanation
                                        area
----------------------------------------------------------------------------------------------------------------
                           Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Revisions to the Nevada          Truckee Meadows,            8/5/02  [INSERT Federal     Approval of the portion
 Particulate Matter (PM10)        Washoe County.                      Register            of the 2002 PM10
 State Implementation Plan for                                        CITATION], 12/8/    Attainment Plan that
 the Truckee Meadows Air Basin                                        15.                 demonstrates
 (August 2002), Section V;                                                                implementation of best
 Section VI, Table 4; and                                                                 available control
 Appendix B, Tables 1-2 and 1-3                                                           measures in compliance
 only.                                                                                    with section
                                                                                          189(b)(1)(B) of the
                                                                                          Clean Air Act.
Redesignation Request and        Truckee Meadows,           11/7/14  [INSERT Federal     .......................
 Maintenance Plan for the         Washoe County.                      Register
 Truckee Meadows 24-Hour PM10                                         CITATION], 12/8/
 Nonattainment Area (August 28,                                       15.
 2014).
 
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\1\ The organization of this table generally follows from the organization of the State of Nevada's original
  1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
  are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
  Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
  regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
  52.1470(c).

Sec.  52.1476  [Amended]

0
3. Section 52.1476 is amended by removing and reserving paragraph (a).

PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

0
4. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart C--Section 107 Attainment Status Designations

0
5. Section 81.329 is amended by:
0
a. Removing the table titled ``Nevada--TSP''; and
0
b. Revising in the table under ``Nevada--PM-10,'' the entry for 
``Washoe County'' to read as follows:


Sec.  81.329  Nevada.

* * * * *

                                                  Nevada--PM-10
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                                                     Designation                         Classification
           Designated area           ---------------------------------------------------------------------------
                                            Date                 Type                 Date             Type
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Washoe County:
    Reno planning area..............          1/7/16   Attainment.............
    Hydrographic area 87              ...............
 
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[FR Doc. 2015-30487 Filed 12-7-15; 8:45 am]
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