Determination of Attainment for the Ozone and Carbon Monoxide National Ambient Air Quality Standards in Washoe County, NV, 3170-3174 [05-1118]
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Duwamish Waterway.
(a) * * *
(3) Monday through Friday, except all
Federal holidays but Columbus Day, the
draws of the First Avenue South
Bridges, mile 2.5, need not be opened
for the passage of vessels from 6 a.m. to
9 a.m. and from 3 p.m. to 6 p.m., except
that the draw shall open on one-hour
notice for vessels of 5000 gross tons or
over, a vessel towing a vessel of 5000
gross tons and over, and a vessel
proceeding to pick up for towing a
vessel of 5000 gross tons and over.
Sunday through Friday, the draws need
not be opened for the passage of any
vessels from 9 p.m. to 5 a.m.
*
*
*
*
*
Dated: January 11, 2005.
Jeffrey M. Garrett,
Rear Admiral, U.S. Coast Guard, Commander,
Thirteenth Coast Guard District.
[FR Doc. 05–1057 Filed 1–19–05; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[NV–FOA–124; FRL–7862–3]
Determination of Attainment for the
Ozone and Carbon Monoxide National
Ambient Air Quality Standards in
Washoe County, NV
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to
determine that the marginal one-hour
ozone nonattainment area that includes
all of Washoe County, Nevada has
attained the 1-hour ozone National
Ambient Air Quality Standard by the
applicable attainment date (1993) and
has continued to attain since that time.
EPA is also proposing to determine that
the moderate carbon monoxide
nonattainment area that includes the
Truckee Meadows area of Washoe
County has attained the carbon
monoxide National Ambient Air Quality
Standard by the applicable attainment
date (1995) and has continued to attain
since that time. EPA is proposing this
action to fulfill its obligations to make
such determinations under sections
179(c), 181(b)(2), and 186(b)(2) of the
Clean Air Act. The intended effect of
this action will be to relieve the State of
Nevada of the obligation to submit
revisions to the State Implementation
Plan to address additional requirements
under the Clean Air Act for the next
higher nonattainment classifications
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and to satisfy one of the five statutory
criteria for redesignation of these areas
from nonattainment to attainment.
DATES: Any comment on this proposal
must arrive by February 22, 2005.
ADDRESSES: Please address your
comments to Eleanor Kaplan, Air
Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901 or e-mail to
kaplan.eleanor@epa.gov, or submit
comments at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Eleanor Kaplan, EPA Region IX at (415)
947–4147 or kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we’’, ‘‘us’’, or ‘‘our’’ are used, we mean
the Environmental Protection Agency.
Table of Contents
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered in
Today’s Proposed Determination of
Attainment?
B. What Are the Current Designations and
Classifications in Washoe County With
Respect to the 1-Hour Ozone and Carbon
Monoxide NAAQS?
C. How Do We Make Attainment
Determinations?
II. Basis for EPA’s Proposed Action
A. How Did We Determine That the
Washoe County Monitoring Network Is
Adequate To Provide the Data Necessary
To Determine Whether the Area Has
Attained the Ozone and Carbon
Monoxide NAAQS?
B. How Did We Determine That Washoe
County Attained the 1-Hour Ozone
NAAQS by the Applicable Attainment
Date and Has Continued To Attain Since
Then?
C. How Did We Determine That the
Truckee Meadows Portion of Washoe
County Attained the Carbon Monoxide
NAAQS by the Applicable Attainment
Date and Has Continued To Attain Since
Then?
III. EPA’s Proposed Action
IV. Request for Public Comment
V. Administrative Requirements
I. Background
A. What National Ambient Air Quality
Standards (NAAQS) Are Considered in
Today’s Proposed Determination of
Attainment?
Ozone. Ozone is a gas composed of
three oxygen atoms. It is not usually
emitted directly into the air, but at
ground level is created by a chemical
reaction between oxides of nitrogen
(NOX) and volatile organic compounds
(VOC) in the presence of heat and
sunlight. Ozone has the same chemical
structure whether it occurs miles above
the earth or at ground level and can be
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‘‘good’’ or ‘‘bad,’’ depending on its
location in the atmosphere. ‘‘Good’’
ozone occurs naturally in the
stratosphere approximately 10 to 30
miles above the earth’s surface and
forms a layer that protects life on earth
from the sun’s harmful rays. In the
earth’s lower atmosphere, ground-level
ozone is considered ‘‘bad.’’
Ozone can irritate lung airways and
cause inflammation much like a
sunburn. Other symptoms include
wheezing, coughing, pain when taking a
deep breath, and breathing difficulties
during exercise or outdoor activities.
People with respiratory problems are
most vulnerable, but even healthy
people that are active outdoors can be
affected when ozone levels are high.
Repeated exposure to ozone pollution
for several months may cause
permanent lung damage. Anyone who
spends time outdoors in the summer is
at risk, particularly children and other
people who are active outdoors. Even at
very low levels, ground-level ozone
triggers a variety of health problems
including aggravated asthma, reduced
lung capacity, and increased
susceptibility to respiratory illnesses
like pneumonia and bronchitis.
The 1-hour ozone NAAQS is 0.12
parts per million (ppm), one-hour
average, not to be exceeded on average
more than 1 day per year over any 3year period. See 40 CFR 50.9 and
appendix H.
Carbon Monoxide. Carbon monoxide
(CO) is a colorless and odorless gas,
formed when carbon in fuel is not
burned completely. It is a component of
motor vehicle exhaust, which
contributes about 60 percent of all CO
emissions nationwide. Nonroad vehicles
account for the remaining CO emissions
from transportation sources.
CO can cause harmful health effects
by reducing oxygen delivery to the
body’s organs (like the heart and brain)
and tissues. The health threat from
lower levels of CO is most serious for
those who suffer from heart disease, like
angina, clogged arteries, or congestive
heart failure. For a person with heart
disease, a single exposure to CO at low
levels may cause chest pain and reduce
that person’s ability to repeated
exposures and may contribute to other
cardiovascular effects.
Even healthy people can be affected
by high levels of CO. People who
breathe high levels of CO can develop
vision problems, reduced ability to work
or learn, reduced manual dexterity, and
difficulty performing complex tasks. At
extremely high levels, CO is poisonous
and can cause death.
CO NAAQS are for 1-hour and 8-hour
periods and are not to be exceeded more
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than once per year. The 1-hour CO
NAAQS is 35 ppm (40 mg/m3) and the
8-hour CO NAAQS is 9 ppm (10 mg/
m3).
B. What Are the Current Designations
and Classifications in Washoe County
With Respect to the 1-Hour Ozone and
Carbon Monoxide NAAQS?
Ozone. Under the Clean Air Act, as
amended in 1990 (CAA or ‘‘Act’’), EPA
designated all of Washoe County as a
nonattainment area for the 1-hour ozone
NAAQS, effective January 6, 1992. See
56 FR 56694, at 56798 (November 6,
1991). In our 1991 final rule, EPA
further classified Washoe County as a
‘‘marginal’’ nonattainment area for the
1-hour ozone NAAQS. Under section
181(a)(1), the Act establishes the end of
1993 as the attainment date for
‘‘marginal’’ ozone nonattainment areas,
such as Washoe County.
Washoe County is located in the
northwestern portion of the State of
Nevada and encompasses a land area of
approximately 6,600 square miles.
Washoe County is bordered by the State
of California to the west and the State
of Oregon to the north. Within the State
of Nevada, the counties of Humboldt,
Pershing, Churchill, Lyon, and Storey
and the city of Carson City bound
Washoe County to the east and south.
In 1998, we found that Washoe
County was attaining the 1-hour ozone
NAAQS, based on 1994–1996
monitoring data, and listed it as one of
the areas in the country where the 1hour ozone NAAQS no longer applied.
See 63 FR 31014, at 31065 (June 5,
1998). In 2000, in response to
continuing litigation over the 8-hour
ozone NAAQS, we reinstated the 1-hour
ozone NAAQS in those areas in which
we had found the standard to no longer
apply, such as Washoe County. See 65
FR 45182, at 45244 (July 20, 2000). In
that 2000 action, we also reinstated
Washoe County’s classification as a
‘‘marginal’’ nonattainment area for the
1-hour ozone NAAQS, effective January
16, 2001, see 65 FR 45829 (July 25,
2000), and also reinstated the 1993
attainment date.
Carbon Monoxide. Under section
107(d)(1)(C) of the Act, an area that lies
entirely within Washoe County, i.e.,
hydrographic area #87 (named ‘‘Truckee
Meadows’’), and another that extends
into a portion of Washoe County, i.e.,
hydrographic are #90 (named ‘‘Lake
Tahoe Basin’’), were designated
nonattainment for the CO NAAQS by
operation of law because they had been
designated nonattainment at the time of
enactment of the 1990 Clean Air Act
Amendments. With respect to CO, this
rulemaking only concerns ‘‘Truckee
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Meadows’’. In a separate rulemaking,
EPA redesignated ‘‘Lake Tahoe Basin’’
from nonattainment to attainment for
the CO NAAQS. See 68 FR 69611
(December 15, 2003).
Pursuant to the Act as amended in
1990, EPA further classified Truckee
Meadows as a ‘‘moderate’’
nonattainment area for the CO NAAQS.
See 56 FR 56694, at 56798 (November
6, 1991) and 40 CFR part 81.329. Under
section 186(a)(1), the Act establishes the
end of 1995 as the attainment date for
‘‘moderate’’ CO nonattainment areas,
such as Truckee Meadows.
Truckee Meadows lies in the far
southern portion of Washoe County and
encompasses a land area of
approximately 200 square miles. The
Truckee Meadows CO nonattainment
area is comprised of three governmental
units: Washoe County and two
incorporated cities, Reno and Sparks.
C. How Do We Make Attainment
Determinations?
Ozone. Pursuant to sections 179(c)
and 181(b)(2) of the Act, we have the
responsibility of determining within six
months of the applicable attainment
date whether, based on air quality data,
the 1-hour ozone NAAQS has been
attained in a given nonattainment area
by that date. Determinations under
section 179(c) of the Act are to be based
upon an area’s ‘‘air quality as of the
attainment date’’. Section 181(b)(2) is
consistent with this requirement. As
noted above, Washoe County’s
attainment date for the 1-hour ozone
NAAQS was 1993.
Generally, we will determine whether
an area’s air quality is meeting the
NAAQS for purposes of sections
181(b)(2) based upon data gathered at
established state and local air
monitoring stations (SLAMS) and
national air monitoring sites (NAMS) in
the nonattainment area and entered into
the Air Quality System (AQS) database,
formerly known as the Aerometric
Information Retrieval System (AIRS).
We will also consider air quality data
from other air monitoring stations in the
nonattainment area provided that the
stations meet the federal monitoring
requirements for SLAMS. We also
review whether the area’s monitoring
network is adequate.
The 1-hour ozone NAAQS is 0.12
ppm, not to be exceeded on average
more than 1 day per year over any 3year period. See 40 CFR 50.9 and
appendix H. Under our policies, we
determine if an area has attained the 1hour standard by calculating, at each
monitor, the average number of days
over the standard (i.e., ‘‘exceedance
days’’) per year during the preceding 3-
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3171
year period. For this proposal, we have
based our determination of attainment
by the applicable attainment date on the
average number of exceedance days per
year for the period 1991 though 1993.
Carbon Monoxide. Section 179(c)(1)
of the Act provides that attainment
determinations are to be based on the
‘‘area’s air quality as of the attainment
date,’’ and section 186(b)(2) of the Act
is consistent with this requirement but
adds that CO air quality is to be
documented for attainment
determination purposes in terms of
‘‘design values’’. Similar to the
procedure described above for ozone,
EPA makes the determination as to
whether an area’s air quality is meeting
the NAAQS for CO based upon air
quality data gathered at SLAMS and
NAMS monitoring sites in the
nonattainment area and entered into the
AQS database. As for ozone, we also
review whether the area’s monitoring
network is adequate.
This data is reviewed to determine the
area’s air quality status in accordance
with 40 CFR 50.8, EPA policy guidance
as stated in a memorandum from
William G. Laxton, Director Technical
Support Division, entitled ‘‘Ozone and
Carbon Monoxide Design Value
Calculations,’’ dated June 18, 1990, and
EPA’s ‘‘General Preamble for the
Implementation of Title I of the Clean
Air Act Amendments of 1990’’ (see 57
FR 13498, at 13531–13532, April 16,
1992).
The 8-hour and 1-hour CO design
values are used to determine attainment
of CO areas, and the design values are
determined by reviewing 8 quarters of
data, or a total of 2 complete calendar
years of data for an area. The 8-hour
design value is computed by first
finding the maximum and second
maximum (non-overlapping) 8-hour
values at each monitoring site for each
year of the two calendar years prior to
and including the attainment date. Then
the higher of the two ‘‘second high’’
values is used as the design value for
the monitoring site, and the highest
design value among the various CO
monitoring sites represents the CO
design value for the area.
The CO NAAQS requires that not
more than one 8-hour average per year
can equal or exceed 9.5 ppm (values
below 9.5 are rounded down to 9 and
are not considered exceedances). If an
area has a design value that is equal to
or greater than 9.5 ppm, this means that
there was a monitoring site where the
second highest (non-overlapping) 8hour average was measured to be equal
to or greater than 9.5 ppm in at least 1
of the 2 years being reviewed to
determine attainment for the area. This
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indicates that there were at least two
values above the NAAQS during 1 year
at that site and thus the NAAQS for CO
was not met. Conversely, an eight-hour
design value of less than 9.5 ppm
indicates that the area has attained the
CO NAAQS. The one-hour CO design
value is computed in the same manner.
For this proposal, we have based our
determination of attainment by the
attainment date on the design values
calculated using CO monitoring data
from 1994 and 1995.
II. Basis for EPA’s Proposed Action
A. How Did We Determine That the
Washoe County Monitoring Network Is
Adequate To Provide the Data
Necessary To Determine Whether the
Area Has Attained the Ozone and
Carbon Monoxide NAAQS?
Our determination of whether an area
has attained the NAAQS under CAA
sections 179(c), 181(b)(2), and 186(b)(2)
relies on monitored air quality data.
Thus, the validity of a determination of
attainment depends on whether the
monitoring network adequately
measures ambient levels of the relevant
pollutants in the area. We evaluate 3
basic elements in determining the
adequacy of an area’s monitoring
network. First, the network needs to
meet the design requirements of 40 CFR
part 58, appendix D. Under 40 CFR part
58, appendix D, EPA has established
ambient air quality monitoring
requirements and standards for SLAMS
and for NAMS. These requirements and
standards provide for operating
schedules, data quality assurance, and
for the design and siting of samplers.
Also, the network needs to utilize
monitoring equipment designated as
reference or equivalent methods under
40 CFR part 53, and the agency or
agencies operating the equipment need
to have a quality assurance plan in place
that meets the requirements of 40 CFR
part 58, appendix A.
The Washoe County District Health
Department, Air Quality Management
Division (WCAQMD) operates the air
pollutant monitoring network in
Washoe County. WCAQMD’s ozone and
carbon monoxide network meets or
exceeds our requirements described
above and is therefore adequate for use
in determining the attainment status for
ozone and carbon monoxide. Data
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entered into the AQS database has been
determined to meet federal monitoring
requirements (see 40 CFR 50.8 and 50.9,
40 CFR part 50 appendices C and D, 40
CFR part 53, 40 CFR part 58 appendices
A and D) and may be used to determine
the attainment status of areas. We have
included in the docket for this
rulemaking a copy of the most recent
comprehensive audit of WCAQMD’s
ambient air monitoring network. That
audit found no problems in the network.
B. How Did We Determine That Washoe
County Attained the 1-Hour Ozone
NAAQS by the Applicable Attainment
Date and Has Continued To Attain
Since Then?
WCAQMD currently monitors 1-hour
ozone on a continuous basis at 6
monitoring sites within Washoe County.
Three of the 6 ozone monitoring stations
within Washoe County are SLAMS/
NAMS stations (Reno3, South Reno and
Sparks); two are SLAMS stations
(Lemmon Valley and Toll Road); and
one is a special purpose monitor (SPM)
(Incline Village).
As noted above, the applicable
attainment date for Truckee Meadows
‘‘marginal’’ 1-hour ozone nonattainment
area was 1993 and that we are
evaluating attainment based on the data
from 1991 through 1993. During the
1991–1993 period, only 4 of the current
6 ozone monitoring stations were in
operation. Table 1 summarizes the
ozone data collected at these 4 ozone
monitoring stations during the 1991–
1993 period and included in AQS.
TABLE 1.—AVERAGE NUMBER OF
OZONE EXCEEDANCE DAYS PER
YEAR BY MONITORS IN WASHOE
COUNTY, 1991–1993
[Summary of One-Hour Ozone Air Quality,
Washoe County, 1991–1993]
Monitoring site name
and AQS number
Average number of
exceedance days
per year, 1991–1993
Reno-Downtown (32–
031–0016) ...............
South Reno (32–031–
0020) .......................
Sparks-Fourth St. (32–
031–1005) ...............
Lemmon Valley (32–
031–2009) ...............
0
0
0
0
Source: EPA Air Quality System (AQS)
Database.
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As shown in Table 1, the average
number of exceedance days per year is
zero at all of the sites. Therefore, we
propose to find that Washoe County
attained the 1-hour ozone NAAQS by
December 31, 1993, which is the
applicable attainment date for this
nonattainment area.
A review of data input to AQS
indicates that Washoe County has
continued to attain the 1-hour ozone
NAAQS since the end of 1993. The
highest 1-hour ozone concentration
measured in Washoe County during the
1994 through 2003 period was a
concentration of 0.12 ppm (rounded up
from a measured value of 0.116 ppm)
that was measured at the Sparks station
in 1999. This highest value does not
exceed the corresponding 1-hour ozone
NAAQS of 0.12 ppm. A ‘‘quick look’’
report generated using AQS for the
WCAQMD ozone monitoring stations for
the 1991 to 2003 period is included in
the docket for this rulemaking. Thus, in
conclusion, we propose to find that
Washoe County has attained the 1-hour
ozone NAAQS by the applicable
attainment date (1993) and has
continued to attain since that time.
C. How Did We Determine That the
Truckee Meadows Portion of Washoe
County Attained the Carbon Monoxide
NAAQS by the Applicable Attainment
Date and Has Continued To Attain
Since Then?
WCAQMD currently monitors CO on
a continuous basis at 5 monitoring sites
within Truckee Meadows. Four of the 5
CO monitoring stations within Truckee
Meadows are SLAMS/NAMS stations
(Reno3, South Reno, Galletti, and
Sparks) and one is a SLAMS site (Toll
Road).
As noted above, the applicable
attainment date for Truckee Meadows
‘‘moderate’’ CO nonattainment area was
1995 and that we are evaluating
attainment based on the data from 1994
and 1995. During the 1994–1995 period,
only 4 of the current 5 CO monitoring
stations were in operation. Table 2
summarizes the CO data collected at
these 4 CO monitoring stations during
the 1994–1995 period and included in
AQS.
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TABLE 2.—CARBON MONOXIDE DESIGN VALUES FOR ONE-HOUR AND EIGHT-HOUR AVERAGES IN TRUCKEE MEADOWS,
1994–1995
[Summary of Carbon Monoxide Air Quality Data Truckee Meadows, Washoe County, Nevada 1994–1995]
2nd highest 8-hour concentration
(ppm)
2nd highest 1-hour concentration
(ppm)
Monitoring site name and AQS number
1994
Reno-Downtown (32–031–0016) .................................................
Reno-Galletti (32–031–0022) .......................................................
South Reno (32–031–0020) ........................................................
Sparks-Fourth St. (32–031–1005) ...............................................
Area Design Value .......................................................................
Design
value
1995
6.8
9.1
3.5
7.0
5.1
6.0
2.5
5.5
1994
6.8
9.1
3.5
7.0
8-Hour CO Design Value: 9.1. ppm
10.7
11.8
5.5
11.6
Design
value
1995
7.8
8.4
4.4
9.9
10.7
11.8
5.5
11.6
1-Hour CO Design Value: 11.8 ppm
Source: EPA Air Quality System (AQS) Database.
As shown in Table 2, the CO design
values are less than 9.5 ppm (eight-hour
average) and 35.5 ppm (one-hour
average) at all of the sites. Therefore, we
propose to find that Truckee Meadows
attained the CO NAAQS by December
31, 1995, which is the applicable
attainment date for this nonattainment
area.
A review of data input to AQS
indicates that Truckee Meadows has
continued to attain the CO NAAQS
since the end of 1995. The highest 8hour and 1-hour CO concentrations
measured at the various monitoring
stations during the 1996 through 2003
period were 9 ppm and 12 ppm,
respectively (both at the Reno-Galletti
station in 1997), which do not exceed
the corresponding CO NAAQS of 9 ppm
and 35 ppm, respectively. A ‘‘quick
look’’ report generated using AQS for
the WCAQMD CO monitoring stations
for the 1994 to 2003 period is included
in the docket for this rulemaking. Thus,
in conclusion, we propose to find that
Truckee Meadows has attained the CO
NAAQS by the applicable attainment
date (1995) and has continued to attain
since that time.
III. EPA’s Proposed Action
EPA proposes to find, pursuant to
sections 179(c)(1), 181(b)(2), and
186(b)(2) of the Act, that the Washoe
County ‘‘marginal’’ ozone
nonattainment area has attained the 1hour ozone NAAQS by the applicable
attainment date (1993) and has
continued to attain the 1-hour ozone
NAAQS since then, and that the
Truckee Meadows ‘‘moderate’’ CO
nonattainment area in Washoe County
has attained the CO NAAQS by the
applicable attainment date (1995) and
has continued to attain the CO NAAQS
since then. If finalized as proposed, our
action will relieve the State of Nevada
from the obligation to revise the SIP to
comply with CAA requirements related
to the next higher ozone and CO
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classifications for these nonattainment
areas.
It should be noted that this proposed
action does not represent a proposal to
redesignate Washoe County from
‘‘nonattainment’’ to ‘‘attainment’’ for the
1-hour ozone NAAQS nor does it
represent a proposal to redesignate
Truckee Meadows from
‘‘nonattainment’’ to ‘‘attainment’’ for the
CO NAAQS. Under section 107(d)(3)(E),
the Clean Air Act requires that, for an
area to be redesignated from
nonattainment to attainment, five
criteria must be satisfied. The
attainment findings herein satisfy one of
the five criteria, but other criteria, such
as the submittal by the State (and
approval by EPA) of a maintenance
plan, must also be satisfied before EPA
can redesignate an area from
nonattainment to attainment. Therefore,
the designation status in 40 CFR part 81,
section 329 (81.329) will remain as
marginal nonattainment for the 1-hour
ozone NAAQS (Washoe County) and
moderate nonattainment for the CO
NAAQS (Truckee Meadows) until such
time as the State of Nevada meets the
CAA requirements for redesignations to
attainment.
IV. Request for Public Comment
We are soliciting public comment on
all aspects of this proposal. These
comments will be considered before
taking final action. To comment on
today’s proposal, you should submit
comments by mail or in person (in
triplicate if possible) to the ADDRESSES
section listed in the front of this
document. Your comments must be
received by February 22, 2005 to be
considered in the final action taken by
EPA.
V. 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
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review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to find that an area has
attained a national ambient air quality
standard based on an objective review of
measured air quality data. If finalized, it
would not impose any new regulations,
mandates, or additional enforceable
duties on any public, nongovernmental,
or private entity. 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.). Because this proposed rule does
not impose any additional enforceable
duty, it does 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).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does 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). This action merely
proposes to find that an area has
attained a national ambient air quality
standard, and does not alter the
E:\FR\FM\21JAP1.SGM
21JAP1
3174
Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This proposed rule also
is not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
This proposed rule does not involve
establishment of technical standards,
and thus, 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. This
proposed rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 7, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05–1118 Filed 1–19–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[FRL–7862–5]
Determination of Attainment by the
Applicable Attainment Date for the
Carbon Monoxide National Ambient Air
Quality Standard Within the Las Vegas
Valley Nonattainment Area, Clark
County, NV; Determination Regarding
Applicability of Certain Clean Air Act
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to find that
the Las Vegas Valley nonattainment area
in the State of Nevada has attained the
National Ambient Air Quality Standard
for carbon monoxide by the applicable
December 31, 2000 attainment date.
Based on this proposal, EPA also
proposes to determine that the Clean Air
Act’s requirements for contingency
provisions will no longer apply to the
area.
DATES: Written comments on this
proposal must be received by February
22, 2005.
ADDRESSES: Comments should be
addressed to the EPA contact below.
You may inspect and copy the
VerDate jul<14>2003
12:10 Jan 19, 2005
Jkt 205001
rulemaking docket for this notice at the
following location during normal
business hours. We may charge you a
reasonable fee for copying parts of the
docket. Steven Barhite, Chief,
Environmental Protection Agency,
Region IX, Air Division, Air Planning
Office (AIR–2), 75 Hawthorne Street,
San Francisco, CA 94105–3901.
FOR FURTHER INFORMATION CONTACT:
Karina O’Connor, Air Planning Office
(AIR–2), Air Division, U.S. EPA, Region
IX, 75 Hawthorne Street, San Francisco,
CA 94105–3901. Telephone: (775) 833–
1276. E-mail: oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Attainment Finding
A. Background
1. Which NAAQS is considered in today’s
proposed finding?
2. What is the designation and
classification of this CO nonattainment
area?
3. How do we make attainment
determinations?
B. Basis for EPA’s Proposed Attainment
Finding
1. What is the statutory basis for this
proposed finding?
2. How did we determine that Las Vegas
Valley has attained the CO NAAQS by
the applicable attainment date?
II. Applicability of Clean Air Act
Contingency Provisions
A. Background
B. Effect of a Finding of Attainment by
Applicable Attainment Date on CAA
Contingency Measure Requirement
III. EPA’s Proposed Action
IV. Request for Public Comment
V. Administrative Requirements
I. Attainment Finding
A. Background
1. Which NAAQS Is Considered in
Today’s Proposed Finding?
Carbon monoxide (CO) is a colorless,
odorless gas emitted in combustion
processes. In most areas where elevated
CO levels are found, CO comes
primarily from tailpipe emissions of
cars and trucks. Exposure to elevated
CO levels is associated with impairment
of visual perception, work capacity,
manual dexterity, and learning ability,
and with illness and death for those
who already suffer from cardiovascular
disease, particularly angina or
peripheral vascular disease.
On April 30, 1971 (see 36 FR 8186),
pursuant to section 109 of the Clean Air
Act (CAA or ‘‘Act’’), as amended in
1970, we promulgated the original
National Ambient Air Quality Standards
(NAAQS) for several pervasive air
pollutants, including CO. NAAQS
PO 00000
Frm 00025
Fmt 4702
Sfmt 4702
represent concentration levels the
attainment and maintenance of which,
allowing for an adequate margin of
safety, EPA has determined to be
requisite to protect public health
(‘‘primary’’ NAAQS) and welfare
(‘‘secondary’’ NAAQS). The primary
(i.e., health-based) NAAQS for CO is 9
parts per million (ppm) averaged over
an 8-hour period, and 35 ppm averaged
over 1 hour, neither to be exceeded
more than once per year. In our 1971
rulemaking, we established identical
primary and secondary NAAQS for CO
but later revoked the secondary
(welfare) NAAQS for CO. See 50 FR
37484 (September 13, 1985).
2. What Is the Designation and
Classification of This CO
Nonattainment Area?
As noted above, EPA first
promulgated the NAAQS in 1971, and
within 9 months thereafter, each State
was required under section 110 of the
Act to adopt and submit to EPA a plan
that provides for the implementation,
maintenance, and enforcement of the
NAAQS within each State. These plans
are referred to as ‘‘State implementation
plans’’ or ‘‘SIPs.’’ Generally, SIPs were
to provide for attainment of the NAAQS
within 3 years after EPA approval of the
plan. However, many areas of the
country did not attain the NAAQS
within the statutory period. In response,
Congress amended the Act in 1977 to
establish a new approach, based on area
designations, for attaining the NAAQS,
and on March 3, 1978 (see 43 FR 8962),
we promulgated attainment status
designations for all areas within each of
the States. In this 1978 rulemaking, we
designated Las Vegas Valley (i.e., State
hydrographic area #212), which is a
subarea within Clark County, as a
‘‘nonattainment’’ area for the CO
NAAQS.
The Clean Air Act, as amended in
1977, required States to revise their SIPs
by preparing, adopting and submitting
attainment plans (for EPA approval) that
set forth a strategy to achieve the
NAAQS in designated nonattainment
areas. The original statutory deadline for
attainment was 1982. EPA conditionally
approved the initial CO attainment plan
for Las Vegas Valley into the Nevada SIP
in 1981. See 46 FR 21758 (April 14,
1981). EPA removed the conditions on
the CO plan in 1982. See 47 FR 15790
(April 13, 1982). Updated attainment
plans were required for areas, like Las
Vegas Valley, that did not achieve the
original 1982 deadline. EPA approved
an updated plan for CO in Las Vegas
Valley into the Nevada SIP in 1984. See
49 FR 44208 (November 5, 1984).
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]]>Agencies
[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Proposed Rules]
[Pages 3170-3174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1118]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[NV-FOA-124; FRL-7862-3]
Determination of Attainment for the Ozone and Carbon Monoxide
National Ambient Air Quality Standards in Washoe County, NV
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to determine that the marginal one-hour ozone
nonattainment area that includes all of Washoe County, Nevada has
attained the 1-hour ozone National Ambient Air Quality Standard by the
applicable attainment date (1993) and has continued to attain since
that time. EPA is also proposing to determine that the moderate carbon
monoxide nonattainment area that includes the Truckee Meadows area of
Washoe County has attained the carbon monoxide National Ambient Air
Quality Standard by the applicable attainment date (1995) and has
continued to attain since that time. EPA is proposing this action to
fulfill its obligations to make such determinations under sections
179(c), 181(b)(2), and 186(b)(2) of the Clean Air Act. The intended
effect of this action will be to relieve the State of Nevada of the
obligation to submit revisions to the State Implementation Plan to
address additional requirements under the Clean Air Act for the next
higher nonattainment classifications and to satisfy one of the five
statutory criteria for redesignation of these areas from nonattainment
to attainment.
DATES: Any comment on this proposal must arrive by February 22, 2005.
ADDRESSES: Please address your comments to Eleanor Kaplan, Air Planning
Office (AIR-2), U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901 or e-mail to
kaplan.eleanor@epa.gov, or submit comments at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, EPA Region IX at (415)
947-4147 or kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we'',
``us'', or ``our'' are used, we mean the Environmental Protection
Agency.
Table of Contents
I. Background
A. What National Ambient Air Quality Standards (NAAQS) Are
Considered in Today's Proposed Determination of Attainment?
B. What Are the Current Designations and Classifications in
Washoe County With Respect to the 1-Hour Ozone and Carbon Monoxide
NAAQS?
C. How Do We Make Attainment Determinations?
II. Basis for EPA's Proposed Action
A. How Did We Determine That the Washoe County Monitoring
Network Is Adequate To Provide the Data Necessary To Determine
Whether the Area Has Attained the Ozone and Carbon Monoxide NAAQS?
B. How Did We Determine That Washoe County Attained the 1-Hour
Ozone NAAQS by the Applicable Attainment Date and Has Continued To
Attain Since Then?
C. How Did We Determine That the Truckee Meadows Portion of
Washoe County Attained the Carbon Monoxide NAAQS by the Applicable
Attainment Date and Has Continued To Attain Since Then?
III. EPA's Proposed Action
IV. Request for Public Comment
V. Administrative Requirements
I. Background
A. What National Ambient Air Quality Standards (NAAQS) Are Considered
in Today's Proposed Determination of Attainment?
Ozone. Ozone is a gas composed of three oxygen atoms. It is not
usually emitted directly into the air, but at ground level is created
by a chemical reaction between oxides of nitrogen (NOX) and
volatile organic compounds (VOC) in the presence of heat and sunlight.
Ozone has the same chemical structure whether it occurs miles above the
earth or at ground level and can be ``good'' or ``bad,'' depending on
its location in the atmosphere. ``Good'' ozone occurs naturally in the
stratosphere approximately 10 to 30 miles above the earth's surface and
forms a layer that protects life on earth from the sun's harmful rays.
In the earth's lower atmosphere, ground-level ozone is considered
``bad.''
Ozone can irritate lung airways and cause inflammation much like a
sunburn. Other symptoms include wheezing, coughing, pain when taking a
deep breath, and breathing difficulties during exercise or outdoor
activities. People with respiratory problems are most vulnerable, but
even healthy people that are active outdoors can be affected when ozone
levels are high.
Repeated exposure to ozone pollution for several months may cause
permanent lung damage. Anyone who spends time outdoors in the summer is
at risk, particularly children and other people who are active
outdoors. Even at very low levels, ground-level ozone triggers a
variety of health problems including aggravated asthma, reduced lung
capacity, and increased susceptibility to respiratory illnesses like
pneumonia and bronchitis.
The 1-hour ozone NAAQS is 0.12 parts per million (ppm), one-hour
average, not to be exceeded on average more than 1 day per year over
any 3-year period. See 40 CFR 50.9 and appendix H.
Carbon Monoxide. Carbon monoxide (CO) is a colorless and odorless
gas, formed when carbon in fuel is not burned completely. It is a
component of motor vehicle exhaust, which contributes about 60 percent
of all CO emissions nationwide. Nonroad vehicles account for the
remaining CO emissions from transportation sources.
CO can cause harmful health effects by reducing oxygen delivery to
the body's organs (like the heart and brain) and tissues. The health
threat from lower levels of CO is most serious for those who suffer
from heart disease, like angina, clogged arteries, or congestive heart
failure. For a person with heart disease, a single exposure to CO at
low levels may cause chest pain and reduce that person's ability to
repeated exposures and may contribute to other cardiovascular effects.
Even healthy people can be affected by high levels of CO. People
who breathe high levels of CO can develop vision problems, reduced
ability to work or learn, reduced manual dexterity, and difficulty
performing complex tasks. At extremely high levels, CO is poisonous and
can cause death.
CO NAAQS are for 1-hour and 8-hour periods and are not to be
exceeded more
[[Page 3171]]
than once per year. The 1-hour CO NAAQS is 35 ppm (40 mg/m3) and the 8-
hour CO NAAQS is 9 ppm (10 mg/m3).
B. What Are the Current Designations and Classifications in Washoe
County With Respect to the 1-Hour Ozone and Carbon Monoxide NAAQS?
Ozone. Under the Clean Air Act, as amended in 1990 (CAA or
``Act''), EPA designated all of Washoe County as a nonattainment area
for the 1-hour ozone NAAQS, effective January 6, 1992. See 56 FR 56694,
at 56798 (November 6, 1991). In our 1991 final rule, EPA further
classified Washoe County as a ``marginal'' nonattainment area for the
1-hour ozone NAAQS. Under section 181(a)(1), the Act establishes the
end of 1993 as the attainment date for ``marginal'' ozone nonattainment
areas, such as Washoe County.
Washoe County is located in the northwestern portion of the State
of Nevada and encompasses a land area of approximately 6,600 square
miles. Washoe County is bordered by the State of California to the west
and the State of Oregon to the north. Within the State of Nevada, the
counties of Humboldt, Pershing, Churchill, Lyon, and Storey and the
city of Carson City bound Washoe County to the east and south.
In 1998, we found that Washoe County was attaining the 1-hour ozone
NAAQS, based on 1994-1996 monitoring data, and listed it as one of the
areas in the country where the 1-hour ozone NAAQS no longer applied.
See 63 FR 31014, at 31065 (June 5, 1998). In 2000, in response to
continuing litigation over the 8-hour ozone NAAQS, we reinstated the 1-
hour ozone NAAQS in those areas in which we had found the standard to
no longer apply, such as Washoe County. See 65 FR 45182, at 45244 (July
20, 2000). In that 2000 action, we also reinstated Washoe County's
classification as a ``marginal'' nonattainment area for the 1-hour
ozone NAAQS, effective January 16, 2001, see 65 FR 45829 (July 25,
2000), and also reinstated the 1993 attainment date.
Carbon Monoxide. Under section 107(d)(1)(C) of the Act, an area
that lies entirely within Washoe County, i.e., hydrographic area
87 (named ``Truckee Meadows''), and another that extends into
a portion of Washoe County, i.e., hydrographic are 90 (named
``Lake Tahoe Basin''), were designated nonattainment for the CO NAAQS
by operation of law because they had been designated nonattainment at
the time of enactment of the 1990 Clean Air Act Amendments. With
respect to CO, this rulemaking only concerns ``Truckee Meadows''. In a
separate rulemaking, EPA redesignated ``Lake Tahoe Basin'' from
nonattainment to attainment for the CO NAAQS. See 68 FR 69611 (December
15, 2003).
Pursuant to the Act as amended in 1990, EPA further classified
Truckee Meadows as a ``moderate'' nonattainment area for the CO NAAQS.
See 56 FR 56694, at 56798 (November 6, 1991) and 40 CFR part 81.329.
Under section 186(a)(1), the Act establishes the end of 1995 as the
attainment date for ``moderate'' CO nonattainment areas, such as
Truckee Meadows.
Truckee Meadows lies in the far southern portion of Washoe County
and encompasses a land area of approximately 200 square miles. The
Truckee Meadows CO nonattainment area is comprised of three
governmental units: Washoe County and two incorporated cities, Reno and
Sparks.
C. How Do We Make Attainment Determinations?
Ozone. Pursuant to sections 179(c) and 181(b)(2) of the Act, we
have the responsibility of determining within six months of the
applicable attainment date whether, based on air quality data, the 1-
hour ozone NAAQS has been attained in a given nonattainment area by
that date. Determinations under section 179(c) of the Act are to be
based upon an area's ``air quality as of the attainment date''. Section
181(b)(2) is consistent with this requirement. As noted above, Washoe
County's attainment date for the 1-hour ozone NAAQS was 1993.
Generally, we will determine whether an area's air quality is
meeting the NAAQS for purposes of sections 181(b)(2) based upon data
gathered at established state and local air monitoring stations (SLAMS)
and national air monitoring sites (NAMS) in the nonattainment area and
entered into the Air Quality System (AQS) database, formerly known as
the Aerometric Information Retrieval System (AIRS). We will also
consider air quality data from other air monitoring stations in the
nonattainment area provided that the stations meet the federal
monitoring requirements for SLAMS. We also review whether the area's
monitoring network is adequate.
The 1-hour ozone NAAQS is 0.12 ppm, not to be exceeded on average
more than 1 day per year over any 3-year period. See 40 CFR 50.9 and
appendix H. Under our policies, we determine if an area has attained
the 1-hour standard by calculating, at each monitor, the average number
of days over the standard (i.e., ``exceedance days'') per year during
the preceding 3-year period. For this proposal, we have based our
determination of attainment by the applicable attainment date on the
average number of exceedance days per year for the period 1991 though
1993.
Carbon Monoxide. Section 179(c)(1) of the Act provides that
attainment determinations are to be based on the ``area's air quality
as of the attainment date,'' and section 186(b)(2) of the Act is
consistent with this requirement but adds that CO air quality is to be
documented for attainment determination purposes in terms of ``design
values''. Similar to the procedure described above for ozone, EPA makes
the determination as to whether an area's air quality is meeting the
NAAQS for CO based upon air quality data gathered at SLAMS and NAMS
monitoring sites in the nonattainment area and entered into the AQS
database. As for ozone, we also review whether the area's monitoring
network is adequate.
This data is reviewed to determine the area's air quality status in
accordance with 40 CFR 50.8, EPA policy guidance as stated in a
memorandum from William G. Laxton, Director Technical Support Division,
entitled ``Ozone and Carbon Monoxide Design Value Calculations,'' dated
June 18, 1990, and EPA's ``General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990'' (see 57 FR 13498, at
13531-13532, April 16, 1992).
The 8-hour and 1-hour CO design values are used to determine
attainment of CO areas, and the design values are determined by
reviewing 8 quarters of data, or a total of 2 complete calendar years
of data for an area. The 8-hour design value is computed by first
finding the maximum and second maximum (non-overlapping) 8-hour values
at each monitoring site for each year of the two calendar years prior
to and including the attainment date. Then the higher of the two
``second high'' values is used as the design value for the monitoring
site, and the highest design value among the various CO monitoring
sites represents the CO design value for the area.
The CO NAAQS requires that not more than one 8-hour average per
year can equal or exceed 9.5 ppm (values below 9.5 are rounded down to
9 and are not considered exceedances). If an area has a design value
that is equal to or greater than 9.5 ppm, this means that there was a
monitoring site where the second highest (non-overlapping) 8-hour
average was measured to be equal to or greater than 9.5 ppm in at least
1 of the 2 years being reviewed to determine attainment for the area.
This
[[Page 3172]]
indicates that there were at least two values above the NAAQS during 1
year at that site and thus the NAAQS for CO was not met. Conversely, an
eight-hour design value of less than 9.5 ppm indicates that the area
has attained the CO NAAQS. The one-hour CO design value is computed in
the same manner. For this proposal, we have based our determination of
attainment by the attainment date on the design values calculated using
CO monitoring data from 1994 and 1995.
II. Basis for EPA's Proposed Action
A. How Did We Determine That the Washoe County Monitoring Network Is
Adequate To Provide the Data Necessary To Determine Whether the Area
Has Attained the Ozone and Carbon Monoxide NAAQS?
Our determination of whether an area has attained the NAAQS under
CAA sections 179(c), 181(b)(2), and 186(b)(2) relies on monitored air
quality data. Thus, the validity of a determination of attainment
depends on whether the monitoring network adequately measures ambient
levels of the relevant pollutants in the area. We evaluate 3 basic
elements in determining the adequacy of an area's monitoring network.
First, the network needs to meet the design requirements of 40 CFR part
58, appendix D. Under 40 CFR part 58, appendix D, EPA has established
ambient air quality monitoring requirements and standards for SLAMS and
for NAMS. These requirements and standards provide for operating
schedules, data quality assurance, and for the design and siting of
samplers. Also, the network needs to utilize monitoring equipment
designated as reference or equivalent methods under 40 CFR part 53, and
the agency or agencies operating the equipment need to have a quality
assurance plan in place that meets the requirements of 40 CFR part 58,
appendix A.
The Washoe County District Health Department, Air Quality
Management Division (WCAQMD) operates the air pollutant monitoring
network in Washoe County. WCAQMD's ozone and carbon monoxide network
meets or exceeds our requirements described above and is therefore
adequate for use in determining the attainment status for ozone and
carbon monoxide. Data entered into the AQS database has been determined
to meet federal monitoring requirements (see 40 CFR 50.8 and 50.9, 40
CFR part 50 appendices C and D, 40 CFR part 53, 40 CFR part 58
appendices A and D) and may be used to determine the attainment status
of areas. We have included in the docket for this rulemaking a copy of
the most recent comprehensive audit of WCAQMD's ambient air monitoring
network. That audit found no problems in the network.
B. How Did We Determine That Washoe County Attained the 1-Hour Ozone
NAAQS by the Applicable Attainment Date and Has Continued To Attain
Since Then?
WCAQMD currently monitors 1-hour ozone on a continuous basis at 6
monitoring sites within Washoe County. Three of the 6 ozone monitoring
stations within Washoe County are SLAMS/NAMS stations (Reno3, South
Reno and Sparks); two are SLAMS stations (Lemmon Valley and Toll Road);
and one is a special purpose monitor (SPM) (Incline Village).
As noted above, the applicable attainment date for Truckee Meadows
``marginal'' 1-hour ozone nonattainment area was 1993 and that we are
evaluating attainment based on the data from 1991 through 1993. During
the 1991-1993 period, only 4 of the current 6 ozone monitoring stations
were in operation. Table 1 summarizes the ozone data collected at these
4 ozone monitoring stations during the 1991-1993 period and included in
AQS.
Table 1.--Average Number of Ozone Exceedance Days per Year by Monitors
in Washoe County, 1991-1993
[Summary of One-Hour Ozone Air Quality, Washoe County, 1991-1993]
------------------------------------------------------------------------
Average number of
Monitoring site name and AQS number exceedance days per
year, 1991-1993
------------------------------------------------------------------------
Reno-Downtown (32-031-0016)........................ 0
South Reno (32-031-0020)........................... 0
Sparks-Fourth St. (32-031-1005).................... 0
Lemmon Valley (32-031-2009)........................ 0
------------------------------------------------------------------------
Source: EPA Air Quality System (AQS) Database.
As shown in Table 1, the average number of exceedance days per year
is zero at all of the sites. Therefore, we propose to find that Washoe
County attained the 1-hour ozone NAAQS by December 31, 1993, which is
the applicable attainment date for this nonattainment area.
A review of data input to AQS indicates that Washoe County has
continued to attain the 1-hour ozone NAAQS since the end of 1993. The
highest 1-hour ozone concentration measured in Washoe County during the
1994 through 2003 period was a concentration of 0.12 ppm (rounded up
from a measured value of 0.116 ppm) that was measured at the Sparks
station in 1999. This highest value does not exceed the corresponding
1-hour ozone NAAQS of 0.12 ppm. A ``quick look'' report generated using
AQS for the WCAQMD ozone monitoring stations for the 1991 to 2003
period is included in the docket for this rulemaking. Thus, in
conclusion, we propose to find that Washoe County has attained the 1-
hour ozone NAAQS by the applicable attainment date (1993) and has
continued to attain since that time.
C. How Did We Determine That the Truckee Meadows Portion of Washoe
County Attained the Carbon Monoxide NAAQS by the Applicable Attainment
Date and Has Continued To Attain Since Then?
WCAQMD currently monitors CO on a continuous basis at 5 monitoring
sites within Truckee Meadows. Four of the 5 CO monitoring stations
within Truckee Meadows are SLAMS/NAMS stations (Reno3, South Reno,
Galletti, and Sparks) and one is a SLAMS site (Toll Road).
As noted above, the applicable attainment date for Truckee Meadows
``moderate'' CO nonattainment area was 1995 and that we are evaluating
attainment based on the data from 1994 and 1995. During the 1994-1995
period, only 4 of the current 5 CO monitoring stations were in
operation. Table 2 summarizes the CO data collected at these 4 CO
monitoring stations during the 1994-1995 period and included in AQS.
[[Page 3173]]
Table 2.--Carbon Monoxide Design Values for One-Hour and Eight-Hour Averages in Truckee Meadows, 1994-1995
[Summary of Carbon Monoxide Air Quality Data Truckee Meadows, Washoe County, Nevada 1994-1995]
----------------------------------------------------------------------------------------------------------------
2nd highest 8-hour concentration 2nd highest 1-hour concentration
(ppm) (ppm)
Monitoring site name and AQS number -----------------------------------------------------------------------
Design Design
1994 1995 value 1994 1995 value
----------------------------------------------------------------------------------------------------------------
Reno-Downtown (32-031-0016)............. 6.8 5.1 6.8 10.7 7.8 10.7
Reno-Galletti (32-031-0022)............. 9.1 6.0 9.1 11.8 8.4 11.8
South Reno (32-031-0020)................ 3.5 2.5 3.5 5.5 4.4 5.5
Sparks-Fourth St. (32-031-1005)......... 7.0 5.5 7.0 11.6 9.9 11.6
-------------
Area Design Value....................... 8-Hour CO Design Value: 9.1. ppm
1-Hour CO Design Value: 11.8 ppm
----------------------------------------------------------------------------------------------------------------
Source: EPA Air Quality System (AQS) Database.
As shown in Table 2, the CO design values are less than 9.5 ppm
(eight-hour average) and 35.5 ppm (one-hour average) at all of the
sites. Therefore, we propose to find that Truckee Meadows attained the
CO NAAQS by December 31, 1995, which is the applicable attainment date
for this nonattainment area.
A review of data input to AQS indicates that Truckee Meadows has
continued to attain the CO NAAQS since the end of 1995. The highest 8-
hour and 1-hour CO concentrations measured at the various monitoring
stations during the 1996 through 2003 period were 9 ppm and 12 ppm,
respectively (both at the Reno-Galletti station in 1997), which do not
exceed the corresponding CO NAAQS of 9 ppm and 35 ppm, respectively. A
``quick look'' report generated using AQS for the WCAQMD CO monitoring
stations for the 1994 to 2003 period is included in the docket for this
rulemaking. Thus, in conclusion, we propose to find that Truckee
Meadows has attained the CO NAAQS by the applicable attainment date
(1995) and has continued to attain since that time.
III. EPA's Proposed Action
EPA proposes to find, pursuant to sections 179(c)(1), 181(b)(2),
and 186(b)(2) of the Act, that the Washoe County ``marginal'' ozone
nonattainment area has attained the 1-hour ozone NAAQS by the
applicable attainment date (1993) and has continued to attain the 1-
hour ozone NAAQS since then, and that the Truckee Meadows ``moderate''
CO nonattainment area in Washoe County has attained the CO NAAQS by the
applicable attainment date (1995) and has continued to attain the CO
NAAQS since then. If finalized as proposed, our action will relieve the
State of Nevada from the obligation to revise the SIP to comply with
CAA requirements related to the next higher ozone and CO
classifications for these nonattainment areas.
It should be noted that this proposed action does not represent a
proposal to redesignate Washoe County from ``nonattainment'' to
``attainment'' for the 1-hour ozone NAAQS nor does it represent a
proposal to redesignate Truckee Meadows from ``nonattainment'' to
``attainment'' for the CO NAAQS. Under section 107(d)(3)(E), the Clean
Air Act requires that, for an area to be redesignated from
nonattainment to attainment, five criteria must be satisfied. The
attainment findings herein satisfy one of the five criteria, but other
criteria, such as the submittal by the State (and approval by EPA) of a
maintenance plan, must also be satisfied before EPA can redesignate an
area from nonattainment to attainment. Therefore, the designation
status in 40 CFR part 81, section 329 (81.329) will remain as marginal
nonattainment for the 1-hour ozone NAAQS (Washoe County) and moderate
nonattainment for the CO NAAQS (Truckee Meadows) until such time as the
State of Nevada meets the CAA requirements for redesignations to
attainment.
IV. Request for Public Comment
We are soliciting public comment on all aspects of this proposal.
These comments will be considered before taking final action. To
comment on today's proposal, you should submit comments by mail or in
person (in triplicate if possible) to the ADDRESSES section listed in
the front of this document. Your comments must be received by February
22, 2005 to be considered in the final action taken by EPA.
V. 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. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to find that an area has attained a
national ambient air quality standard based on an objective review of
measured air quality data. If finalized, it would not impose any new
regulations, mandates, or additional enforceable duties on any public,
nongovernmental, or private entity. 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.). Because this proposed rule does
not impose any additional enforceable duty, it does 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).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does 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). This action
merely proposes to find that an area has attained a national ambient
air quality standard, and does not alter the
[[Page 3174]]
relationship or the distribution of power and responsibilities
established in the Clean Air Act. This proposed rule also is not
subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant.
This proposed rule does not involve establishment of technical
standards, and thus, 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. This proposed rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 7, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05-1118 Filed 1-19-05; 8:45 am]
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