Approval and Promulgation of Air Quality Implementation Plans; Nevada; Washoe County 8-Hour Ozone Maintenance Plan, 3389-3396 [E8-743]
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Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
from the first sentence of redesignated
paragraph (b).
[FR Doc. E8–826 Filed 1–17–08; 8:45 am]
BILLING CODE 6570–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–1079; FRL–8509–2]
Approval and Promulgation of Air
Quality Implementation Plans; Nevada;
Washoe County 8-Hour Ozone
Maintenance Plan
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action to approve a revision to the
Washoe County portion of the Nevada
State Implementation Plan. Submitted
by the State of Nevada on May 30, 2007,
this plan revision consists of a
maintenance plan prepared for the
purpose of providing for continued
attainment of the 8-hour ozone standard
in Washoe County through the year
2014 and thereby satisfying the related
requirements under section 110(a)(1) of
the Clean Air Act and EPA’s phase 1
rule implementing the 8-hour ozone
national ambient air quality standard.
EPA is taking this action pursuant to
those provisions of the Clean Air Act
that obligate the Agency to take action
on submittals of state implementation
plans and plan revisions.
DATES: This rule is effective on March
18, 2008 without further notice, unless
EPA receives relevant adverse comment
by February 19, 2008. If EPA receives
such comment, EPA will publish a
timely withdrawal in the Federal
Register informing the public that this
rule will not take effect.
ADDRESSES: Submit your comments,
identified by EPA–RO9–OAR–2007–
1079, by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• E-mail: Eleanor Kaplan at
kaplan.eleanor@epa.gov. Please also
send a copy by e-mail to the person
listed in the FOR FURTHER INFORMATION
CONTACT section below.
• Fax: Eleanor Kaplan, Planning
Office (AIR–2), at fax number (415) 947–
4147.
• Mail or deliver: Eleanor Kaplan, Air
Planning Office, (AIR–2), U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, CA 94105–3901. Hand or
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courier deliveries are accepted only
between the hours of 8 a.m. and 4 p.m.
weekdays except for legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected through
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‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
www.regulations.gov your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the www.regulations.gov
index. Although listed in the index,
some information is not publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in
www.regulations.gov or in hard copy at
the Planning Office (AIR–2), U.S.
Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San
Francisco, California 94105–3901. 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:
Eleanor Kaplan, Planning Office (AIR–
2), U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne
PO 00000
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3389
Street, San Francisco, California 94105–
3901, telephone (415) 947–4147; fax
(415) 947–4147; e-mail address
kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
This supplementary information is
organized as follows:
Table of Contents
I. Summary of Action
II. Background
A. Ozone Facts, Effects and Ambient
Standard
B. General Description of Washoe County,
Nevada
C. Regulatory Context
D. Ambient Ozone Conditions
III. Evaluation of State’s Submittal
A. CAA Procedural Requirements
B. Evaluation of Ozone Maintenance Plan
1. Attainment Inventory
2. Maintenance Demonstration
3. Ambient Air Quality Monitoring
4. Verification of Continued Attainment
5. Contingency Plan
6. Conclusion
IV. Final Action and Request for Comment
V. Statutory and Executive Order Reviews
I. Summary of Action
On May 30, 2007, the Governor’s
designee, the Nevada Division of
Environmental Protection (NDEP),
submitted the Maintenance Plan for the
Washoe County 8-Hour Ozone
Attainment Area (April 2007) (‘‘Washoe
County Ozone Maintenance Plan’’ or
‘‘Ozone Maintenance Plan’’) to EPA for
approval as a revision to the Washoe
County portion of the Nevada State
Implementation Plan (SIP). The Washoe
County Ozone Maintenance Plan was
developed by the Washoe County
District Health Department, Air Quality
Management Division (Washoe County
AQMD) and adopted by the Washoe
County District Board of Health (District
Board of Health) on April 26, 2007.
Washoe County AQMD prepared the
plan to provide for continued
attainment of the 8-hour ozone national
ambient air quality standard (NAAQS)
through 2014 and to thereby satisfy the
requirements of section 110(a)(1) of the
Clean Air Act (CAA or ‘‘Act’’) and EPA’s
phase 1 rule implementing the 8-hour
ozone NAAQS. The May 30, 2007 SIP
revision submittal includes the
maintenance plan and related technical
appendices, as well as documentation of
notice, public hearing, and adoption by
the District Board of Health.
For the reasons set forth in this
document, and pursuant to section
110(k) of the Act, we are approving the
Washoe County Ozone Maintenance
Plan as a revision to the Washoe County
portion of the Nevada SIP. In so doing,
we find that the submitted ozone
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maintenance plan meets all of the
applicable requirements of CAA section
110(a)(1) and our phase 1 rule
implementing the 8-hour ozone
NAAQS.
II. Background
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A. Ozone Facts, Effects, and Ambient
Standard
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 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.
In the earth’s lower atmosphere,
ground-level ozone is considered ‘‘bad.’’
Motor vehicle exhaust and industrial
emissions, gasoline vapors, and
chemical solvents as well as natural
sources emit NOX and VOC that help
form ozone. Ground-level ozone is the
primary constituent of smog. Sunlight
and hot weather cause ground level
ozone to form in harmful concentrations
in the air. As a result it is known as a
summertime air pollutant. Many urban
areas tend to have high levels of ‘‘bad’’
ozone, but even rural areas are also
subject to increased ozone levels
because wind carries ozone and
pollutants that form it hundreds of
miles away from their original source.
‘‘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.
Breathing ozone can trigger a variety
of health problems including chest pain,
coughing, throat irritation, and
congestion. It can worsen bronchitis,
emphysema, and asthma. Ground-level
ozone also can reduce lung function and
inflame the linings of the lungs.
Repeated exposure may permanently
scar lung tissue. People with lung
disease, children, older adults, and
people who are active can be affected
when ozone levels are unhealthy.
The CAA requires EPA to set national
ambient air quality standards (NAAQS)
to protect public health and public
welfare. EPA has established a NAAQS
for ozone at 0.08 parts per million
(ppm), daily maximum 8-hour average.
The 8-hour ozone NAAQS is met at an
ambient air quality monitoring site
when the three-year average of the
annual fourth-highest daily maximum 8hour average ozone concentration is less
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than or equal to 0.08 ppm. See 40 CFR
50.10 and appendix I.
B. General Description of Washoe
County, Nevada
Washoe County is located in the
northwest portion of Nevada and is
bounded by California, Oregon, and the
counties of Humboldt, Pershing, Storey,
Churchill, Lyon and Carson City.
Washoe County is a long, narrow strip,
between 30 and 50 miles wide, 190
miles long north and south, and
encompasses a land area of 6,608 square
miles.
Population density in the county is
concentrated for the most part in the
eight valleys adjacent to the Truckee
River, in the southern one-third of the
county. The principal city, Reno (the
county seat), is situated in the southern
part of the county and is the business
and transportation center for northern
and western Nevada. Washoe County
has experienced rapid growth over the
past several decades and has seen its
population roughly double since 1980
(from approximately 190,000 in 1980 to
approximately 360,000 in 2002). The
Washoe County AQMD is the
designated agency responsible for air
quality management throughout the
entire county with the exception of
certain types of power plants, which are
subject, under Nevada law, to the
jurisdiction of NDEP.
C. Regulatory Context
Under the Clean Air Act (CAA) as
amended in 1970, EPA established
national ambient air quality standards
(NAAQS) for certain pervasive air
pollutants, such as photochemical
oxidant, carbon monoxide, and
particulate matter. The NAAQS
represent concentration levels below
which public health and welfare are
protected. The 1970 Act also required
States to adopt and submit State
Implementation Plans (SIPs) to
implement, maintain, and enforce the
NAAQS. The original Nevada SIP was
submitted and approved by EPA in
1972. SIP revisions are required from
time-to-time to account for new or
amended NAAQS or to meet other
changed circumstances.
The CAA was significantly amended
in 1977, and under the 1977
Amendments, EPA promulgated
attainment status designations for all
areas of the country with respect to the
NAAQS. The Truckee Meadows portion
of Washoe County (hydrographic area
#87) was designated as a nonattainment
area for the NAAQS for photochemical
oxidant. See 43 FR 8962, at 9012 (March
3, 1978). The Clean Air Act provides for
periodic review and revision of the
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NAAQS by EPA, and in 1979, EPA
established a new NAAQS for ozone of
0.12 ppm, one-hour average, to replace
the oxidant standard of 0.08 ppm. See
44 FR 8202 (February 8, 1979). Areas
designated nonattainment for oxidant
were considered to be nonattainment for
ozone as well, but States could request
redesignation to attainment if
monitoring data showed that an area
met the ozone NAAQS.
To satisfy the requirements for
oxidant/ozone nonattainment areas
under the 1977 Amended Act, Washoe
County District Board of Health adopted
five stationary source rules regulating
emissions of volatile organic
compounds (VOC): Section 040.070
(‘‘Storage of Petroleum Products’’),
section 040.075 (‘‘Gasoline Loading into
Tank Trucks and Trailers’’), section
040.080 (‘‘Gasoline Unloading from
Tank Trucks and Trailers into Storage
Tanks’’), section 040.085 (‘‘Organic
Solvents’’), and section 040.090 (Cutback Asphalt’’). On July 24, 1979, the
State of Nevada submitted these five
rules to EPA as a revision to the Nevada
SIP. EPA approved them as such on
April 14, 1981 (46 FR 21758).
Meanwhile, late in 1980, the State of
Nevada requested that EPA redesignate
Truckee Meadows as an attainment area
for the then-new ozone NAAQS based
on available ozone monitoring data, and
in the following year, EPA approved the
redesignation of Truckee Meadows from
nonattainment for oxidant to attainment
for the ozone NAAQS. See 46 FR 37896
(July 23, 1981).
Congress significantly amended the
Clean Air Act again in 1990, and under
the 1990 Act Amendments, because of
an ozone episode in 1990, EPA
designated all of Washoe County as a
‘‘marginal’’ ozone nonattainment area,
effective January 6, 1992. See 56 FR
56694 (November 6, 1991). Under the
CAA, as amended in 1990, States with
marginal ozone nonattainment areas
were required to submit SIP revisions
providing for changes to the program for
review of new major sources and major
modifications (‘‘new source review’’ or
NSR), base year (1990) inventories of
ozone precursor emissions and periodic
inventory updates, rules requiring
owners of larger stationary sources to
submit annual emissions statements,
and rules establishing procedures for
determining conformity of certain types
of projects to the SIP. See CAA sections
182(a) and 176(c).
NDEP has submitted various revisions
to the Washoe County portion of the
Nevada SIP over the past 15 years to
meet these requirements. Specifically,
NDEP submitted a SIP revision related
to the Washoe County NSR program on
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April 7, 1994, SIP revisions related to
ozone precursor emission inventories on
November 13, 1992 (year 1990
inventory), January 19, 1996 (year 1993),
April 14, 1999 (year 1996), February 5,
2002 (year 1999), and February 3, 2005
(year 2002), a SIP revision related to
emission statements (Washoe County
District Board of Health section 030.219)
on November 13, 1992, and a SIP
revision related to general and
transportation conformity on July 31,
1995.1
Improvements to the State’s vehicle
inspection and maintenance (I/M)
program for the Truckee Meadows
planning area to meet EPA’s ‘‘basic’’ I/
M performance standard, though
adopted to meet CAA nonattainment
planning requirements for carbon
monoxide rather than ozone, also
provide VOC emissions reductions.2
NDEP submitted the upgraded I/M
program on June 3, 1994 and submitted
updated I/M-related statutes and rules
on May 11, 2007. We expect to take
action on the I/M submittals for Truckee
Meadows in the near future in the
context of taking action on NDEP’s
request for redesignation of Truckee
Meadows to attainment for the carbon
monoxide NAAQS.
NDEP, on behalf of Washoe County,
submitted a maintenance plan for the 1hour ozone NAAQS and a redesignation
request to EPA on July 31, 1995. The
Washoe County 1-hour ozone
maintenance plan and redesignation
request was revised and re-submitted by
NDEP on April 2, 1997 but withdrawn
from further consideration at the
1 The submittal of the attainment inventory (year
2002) in the Washoe County Ozone Maintenance
Plan supersedes all of the previously-submitted
ozone precursor inventories with the exception of
the February 3, 2005 inventory submittal, which
provides technical support and documentation for
all of the source categories listed in the Ozone
Maintenance Plan for year 2002 with the exception
of nonroad and on-road vehicles. The NSR and
conformity submittals are no longer necessary for
ozone purposes, but remain relevant for the
purposes of the carbon monoxide and particulate
matter (PM10) NAAQS in the Truckee Meadows area
of Washoe County. The State may withdraw the
District’s emission statements rule because it is no
longer an ‘‘applicable requirement’’ for the Washoe
County portion of the Nevada SIP given the
county’s designation as ‘‘unclassifiable/attainment’’
for the 8-hour ozone NAAQS and the revocation of
the 1-hour ozone NAAQS. See 40 CFR 51.900(f).
2 ‘‘Marginal’’ ozone nonattainment areas that had,
or were required to have, I/M programs in their
ozone SIPs prior to the passage of the 1990 CAAA
were required to maintain and upgrade their
programs under CAA section 182(a). Nevada
implemented an I/M program in Truckee Meadows
prior to the 1990 CAAA, but the EPA-approved
version of the program at that time did not include
emissions testing of hydrocarbons (i.e., the
corresponding cutpoints in the approved program
had been deleted). As such, the pre-1990 I/M
program in Truckee Meadows is not considered a
part of the ozone SIP for that area.
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county’s request on September 12, 1997
in the wake of EPA’s revision of the
ozone NAAQS during the summer of
1997.
In July 1997, subsequent to a periodic
review of the ozone NAAQS, EPA
established a new ozone NAAQS (0.08
ppm, eight-hour average) to replace the
1-hour ozone standard. See 62 FR 38856
(July 18, 1997). 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). In 2005, we made a second
finding of attainment for Washoe
County with respect to the 1-hour ozone
NAAQS. See 70 FR 22803 (May 3,
2005). An attainment finding is but one
of the criteria necessary to qualify for
redesignation to ‘‘attainment.’’
Meanwhile, in 2004, following years
of delay associated with court
challenges, EPA promulgated area
designations for the new 8-hour ozone
NAAQS. See 69 FR 23858 (April 30,
2004). Washoe County was designated
as an ‘‘unclassifiable/attainment’’ area,
effective June 15, 2004. See 69 FR 23858
at 23919–23920. In another EPA rule
published on April 30, 2004 (69 FR
23951), which is referred to as the
‘‘Phase 1 8-Hour Ozone Implementation
Rule’’ or ‘‘Phase 1 Rule,’’ EPA revoked
the one-hour ozone NAAQS effective
June 15, 2005 and established certain
requirements to prevent backsliding in
those areas that were designated as
nonattainment for the 1-hour ozone
standard (or that were ‘‘attainment’’ but
subject to a maintenance plan) at the
time of designation for the 8-hour ozone
standard. EPA codified these
requirements at 40 CFR 51.905.
Because Washoe County’s
designations as of June 15, 2004 (i.e., the
date of designation for the 8-hour
NAAQS) were ‘‘nonattainment’’ for the
1-hour ozone NAAQS and
‘‘unclassifiable/attainment’’ for 8-hour
ozone NAAQS, a maintenance plan was
required for the area under CAA section
110(a)(1) and the Phase 1 Rule. See 40
CFR 51.905(a)(3). States were required
to submit CAA section 110(a)(1) ozone
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maintenance plans by June 15, 2007.
WCAQMD prepared the Maintenance
Plan for the Washoe County 8-Hour
Ozone Attainment Area (April 2007) to
meet the requirements of section
110(a)(1) and EPA’s Phase 1 Rule. In
today’s action, we are approving the
Washoe County Ozone Maintenance
Plan as a revision to the Washoe County
portion of the Nevada SIP.
D. Ambient Ozone Conditions
Generally, we will determine whether
an area’s air quality is meeting the
NAAQS based upon data gathered at
established state and local air
monitoring stations (SLAMS) and
national air monitoring sites (NAMS)
and entered into the Air Quality System
(AQS) database. Data entered into AQS
has been determined to meet Federal
monitoring requirements (see 40 CFR
50.6; 40 CFR part 50, appendix J; 40
CFR part 53; 40 CFR part 58, appendices
A and B) and may be used to determine
the attainment status of areas. Also, we
also take into account data from other
air monitoring stations, such as Special
Purpose Monitors (SPMs), if the data is
collected using a Federal reference
method or Federal equivalent method,
unless the air monitoring agency
demonstrates that the data came from a
particular period during which EPA
requirements concerning quality
assurance, methods, or siting criteria
were not met in practice. See 71 FR
61236, at 61302 (October 17, 2006) and
40 CFR 58.20. All data are reviewed to
determine the area’s air quality status in
accordance with 40 CFR part 50,
appendix I.
Washoe County AQMD measures
ambient ozone concentration at six
monitoring sites located in southern
Washoe County, including Lemmon
Valley, downtown Reno, Sparks, south
Reno, Toll Road (Geiger Grade), and
Incline Village. All of Washoe County
AQMD’s ozone monitoring sites are
NAMS or SLAMS except for Incline
Village, which is a SPM for ozone.
The current ozone NAAQS is met at
an ambient air quality monitoring site
when the three-year average of the
annual fourth-highest daily maximum 8hour ozone concentration (also referred
to as the ‘‘design value’’) is less than or
equal to 0.08 ppm, and the standard is
met within an air quality planning area
when the standard is met at all of the
monitoring stations. A review of the
data gathered at the various ozone
monitoring sites in Washoe County and
entered into AQS confirms that Washoe
County is in attainment of the 8-hour
ozone NAAQS. Since 1999, the highest
design value at any of the ozone
monitoring sites is 0.075 ppm, a value
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calculated for the Sparks monitor over
the 2001–2003 period. For the purposes
of comparison, due to rounding
conventions, no design values less than
0.085 ppm violate the ozone NAAQS.
More recently, the highest design value
for both 2003–2005 and 2004–2006
periods is 0.071 ppm, the value
calculated for the downtown Reno,
south Reno, and Sparks monitoring
sites.
III. Evaluation of State’s Submittal
As noted above, EPA promulgated the
8-hour ozone NAAQS in 1997 and
designated and classified areas for this
standard in 2004. In 2004, we also
published the Phase 1 Ozone
Implementation Rule. Code of Federal
Regulations, title 40, part 51,
§ 51.905(a)(3) and (4), established in that
rulemaking, set forth requirements for
anti-backsliding purposes for areas
designated unclassifiable/attainment for
the 8-hour standard. These provisions
required States with such areas to
submit 10-year maintenance plans
under section 110(a)(1) of the CAA if
these areas were also nonattainment
areas (or were attainment areas subject
to a CAA section 175A maintenance
plan) under the 1-hour ozone standard.3
Such plans are to be submitted as
revisions to SIPs. Washoe County
AQMD prepared the Washoe County
Ozone Maintenance Plan in response to
these requirements.
A. CAA Procedural Requirements
Under section 110 of the Act and EPA
regulations (at 40 CFR part 51, subpart
F), each State must provide reasonable
notice and public hearing prior to
adoption of SIPs and SIP revisions for
subsequent submittal to EPA.
On March 23, April 5, and April 20,
2007, the District Board of Health
published a notice in the Reno GazetteJournal, a newspaper of general
circulation in the Reno area, of a public
hearing to consider the Washoe County
Ozone Maintenance Plan. A public
hearing was held on April 26, 2007 at
District Health Department offices in
Reno. On April 26, 2007, the District
Board of Health adopted the
maintenance plan and forwarded the
plan to NDEP. On May 30, 2007, in
accordance with Nevada law, the
Administrator of NDEP submitted the
Ozone Maintenance Plan to EPA.
NDEP’s May 30, 2007 SIP submittal
package includes evidence of public
notice, public hearing, and District
Board of Health adoption as described
above. No public comments were
received on the draft maintenance plan.
Based on review of these materials, we
find that NDEP and the District Board of
Health have met the procedural
requirements of CAA section 110 and 40
CFR part 51, subpart F.
B. Evaluation of Ozone Maintenance
Plan
The 8-hour ozone 110(a)(1)
maintenance plan must provide for
continued maintenance of the 8-hour
ozone NAAQS in the area for 10 years
from the effective date of the area’s
designation as unclassifiable/attainment
for the 8-hour ozone NAAQS. At a
minimum, the maintenance plan for
such areas must include the five
following components: Attainment
inventory, maintenance demonstration,
ambient air quality monitoring,
verification of continued attainment,
and contingency plan. As explained
below, we find that the Washoe County
Ozone Maintenance Plan includes all
five components, that each component
is acceptable, and that the overall plan
provides for continued maintenance of
the 8-hour ozone NAAQS in Washoe
County through 2014 (i.e., 10 years
beyond 2004, the year of the county’s
designation for the 8-hour ozone
NAAQS).
1. Attainment Inventory
The attainment inventory should be
based on actual ‘‘typical summer day’’
emissions of VOC and NOX. EPA’s
Phase 1 8-Hour Ozone Implementation
Rule provides that the 10-year
maintenance period begins as of the
effective date of designation for the 8hour ozone standard for the area. For
purposes of an attainment emissions
inventory, the State may use one of any
of the three years on which the 8-hour
attainment designation was based (i.e.,
2001, 2002, and 2003). The inventory
should be consistent with EPA’s most
recent emissions inventory methods,
models, and factors and should be based
on the latest planning assumptions
regarding population, employment, and
motor vehicle activity.
For the Washoe County Ozone
Maintenance Plan, Washoe County
AQMD prepared an attainment
inventory of ‘‘typical summer day’’ VOC
and NOX emissions for year 2002.
Washoe County AQMD’s attainment
inventory is comprehensive and
includes essentially all point, area,
mobile and biogenic sources within the
county. Table 1 below summarizes the
plan’s attainment inventory, as well as
the plan’s inventories for projected VOC
and NOX emissions for years 2010 and
2014.
TABLE 1.—WASHOE COUNTY OZONE PRECURSORS EMISSION INVENTORY, 2002, 2010 AND 2014
[Pounds per typical summer day]
Emissions (lb per summer day)
Source category
Pollutant
2002
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VOC EMISSIONS:
Point Sources .......................................................................................
Area Sources .......................................................................................
Biogenic Sources .................................................................................
Nonroad Mobile ....................................................................................
On-road Mobile ....................................................................................
Buffer Zone Sources ............................................................................
Total—VOC ...................................................................................
Change Relative to 2002 ..............................................................
NOX EMISSIONS:
Point Sources .......................................................................................
3 We provided guidance to States regarding
section 110(a)(1) ozone maintenance plans in a
memorandum from Lydia N. Wegman, Director, Air
Quality Strategies and Standards Division, EPA
Office of Air Quality Planning and Standards,
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2010
2014
.....................................
.....................................
.....................................
.....................................
.....................................
.....................................
2,971
16,912
104,618
30,299
31,244
1,480
3,419
19,259
104,618
22,032
29,645
1,703
3,658
20,451
104,618
20,890
15,471
1,822
VOC .....................................
VOC .....................................
187,524
0
180,676
¥6,848
166,910
¥20,614
NOX ......................................
231
266
284
VOC
VOC
VOC
VOC
VOC
VOC
entitled, ‘‘Maintenance Plan Guidance Document
for Certain 8-hour Ozone Areas Under Section
110(a)(1) of the Clean Air Act,’’ dated May 20, 2005.
For the contingency plan element of section
110(a)(1) maintenance plans, our May 20, 2005
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guidance cites an EPA policy memorandum from
John Calcagni, entitled, ‘‘Procedures for Processing
Requests to Redesignate Areas to Attainment,’’
dated September 4, 1992.
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TABLE 1.—WASHOE COUNTY OZONE PRECURSORS EMISSION INVENTORY, 2002, 2010 AND 2014—Continued
[Pounds per typical summer day]
Emissions (lb per summer day)
Source category
Pollutant
2002
Area Sources .......................................................................................
Biogenic Sources .................................................................................
Nonroad Mobile ....................................................................................
On-road Mobile ....................................................................................
Buffer Zone Sources ............................................................................
Total—NOX ...................................................................................
Change Relative to 2002 ..............................................................
NOX
NOX
NOX
NOX
NOX
2010
2014
......................................
......................................
......................................
......................................
......................................
3,576
25,480
27,404
54,869
24,153
4,109
25,480
24,847
57,258
27,794
4,393
25,480
22,312
24,838
29,738
NOX ......................................
NOX ......................................
135,713
0
139,754
4,041
107,045
¥28,668
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Note.—‘‘Buffer zone’’ refers to major sources within 25 miles of Washoe County.
Source: Washoe County Ozone Maintenance Plan (April 2007), tables 2, 3 and 4; EPA.
On February 3, 2005, NDEP submitted
Washoe County AQMD’s emissions
inventories of VOC and NOX for year
2002 as the latest in a series of periodic
inventory updates that the county has
prepared since 1990 to meet 1-hour
ozone planning requirements. To
develop the attainment inventory for the
Washoe County Ozone Maintenance
Plan, Washoe County AQMD relied
upon the previously-submitted
inventory information for year 2002 for
point and area sources but updated
certain source categories, such as
nonroad equipment and on-road motor
vehicles, for which new EPA emissions
estimation models had become
available.
As a general matter, for the point
source portion of the attainment
inventory, Washoe County AQMD used
data collected from permitted sources
during the annual permit renewal
process or from emission statements.
For area sources, Washoe County
AQMD used EPA emission factor and
methods or material balance
calculations, except for structural and
automobile fires for which Washoe
County AQMD used emissions factors
and methods developed by the
California Air Resources Board. Aircraft
and railroad emissions were estimated
using EPA emissions factors and
methods and local activity data
provided by Washoe County Airport
Authority and Union Pacific Railroad,
respectively. Biogenic source emissions
were determined using EPA’s Biogenic
Emissions Inventory System, version 2.3
(BEIS2.3). Documentation for the
emissions developed for these various
source categories is provided in Washoe
County AQMD’s Washoe County,
Nevada Ozone Non-Attainment Area,
2002 Periodic Emissions Inventory of
Ozone Precursors (May 2004), and
related appendices A, B, and C,
submitted by NDEP on February 3,
2005.
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As noted above, for nonroad vehicles
and on-road motor vehicles, Washoe
County AQMD re-calculated the
emissions that had previously been
calculated for 2002 to reflect updated
EPA factors and models. For nonroad
vehicles, Washoe County AQMD recalculated emissions for 2002 using the
EPA model NONROAD2005, and for onroad motor vehicles, Washoe County
AQMD re-calculated emissions using
the EPA model MOBILE6.2.03. The onroad vehicle category incorporated the
most recent planning assumptions for
the transportation network including
vehicle miles traveled and vehicle
speeds. These planning assumptions
were consistent with those used by the
metropolitan planning organization
(MPO), which, in Washoe County, is the
Regional Transportation Commission.
Documentation for the emissions
estimates for nonroad and on-road
vehicles is provided in appendices A, B,
and C of the Washoe County Ozone
Maintenance Plan.
As shown in table 1, above, biogenic
sources represent the largest source of
VOC emissions during a typical summer
day in Washoe County at approximately
56 percent of the inventory. Among the
anthropogenic source categories, onroad and nonroad mobile sources
contribute the most to the overall VOC
inventory at 17 and 16 percent,
respectively. With respect to NOX
emissions, the largest contributing
sources are on-road and nonroad mobile
sources at 40 percent and 20 percent,
respectively.
Based on our review of the
documentation submitted with the 2002
periodic inventory and the Washoe
County Ozone Maintenance Plan, we
conclude that the attainment inventory
has been developed for the appropriate
season of an acceptable attainment year,
is comprehensive and based on
appropriate factors and methods, and
thus is acceptable for the purposes of a
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section 110(a)(1) ozone maintenance
plan.
2. Maintenance Demonstration
The key element of a section 110(a)(1)
ozone maintenance plan is a
demonstration of how the area will
remain in compliance with the 8-hour
ozone standard for the 10-year period
following the effective date of
designation as unclassifiable/
attainment. The end projection year is
10 years from the effective date of the
attainment designation, which for
Washoe County was June 15, 2004.
Therefore, this plan must demonstrate
attainment through 2014.
The typical method that areas have
used in the past to demonstrate that an
area will maintain the 1-hour ozone
standard has been to identify the level
of ozone precursor emissions in the area
which is sufficient to attain the NAAQS
and to show that future emissions of
ozone precursors will not exceed the
attainment levels. To perform this
analysis, for the 8-hour maintenance
plan, the State needs to develop
emission inventories for the attainment
year and for the projection year. Also,
because the plan must demonstrate
maintenance throughout the applicable
10-year period, not just in the projection
year, the State should develop an
emission inventory for an interim year
between the attainment inventory year
and the projection inventory year to
show a trend analysis for maintenance
of the standard.
For its maintenance demonstration,
the Washoe County Ozone Maintenance
Plan includes emissions inventories of
ozone precursors in an interim year
(2010) and the projection year (2014).
To develop the emissions projections for
these two future years, Washoe County
AQMD used several different methods
to project data from year 2002 to the
years 2010 and 2014. For most point
and area sources, Washoe County
AQMD used Washoe County’s 2010 and
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Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
2014 population and employment
forecasts adopted by the Truckee
Meadows Regional Planning
Commission (which are consistent with
those used by the local MPO) to project
emissions into the future. Population
forecasts were also used to project buffer
zone source emissions and locomotive
emissions. Emissions from fires and
biogenic sources were assumed to
remain constant over the 2002–2014
period. For nonroad vehicles and onroad vehicles, Washoe County AQMD
used EPA models, NONROAD2005 and
MOBILE6.2.03, respectively to project
emissions for 2010 and 2014 using the
latest vehicle activity projections used
by the local MPO. Aircraft emissions
projections were based on aviation
activity forecasts provided by the local
airport authority. We find that the
methods and assumptions used by
Washoe County AQMD to project
emissions to 2010 and 2104 are
acceptable.
Table 1, above, summarizes the
emissions projections for 2010 and 2014
developed by Washoe County AQMD
for the Washoe County Ozone
Maintenance Plan and compares those
estimates with the corresponding
estimates for the attainment year (2002).
Washoe County AQMD concludes in the
Ozone Maintenance Plan, based on the
comparison of emissions in 2014 with
those in 2002, that the 8-hour ozone
NAAQS will be maintained through the
10-year maintenance period. We agree
with Washoe County AQMD’s
conclusion for the reasons given below.
As shown in table 1 above, decreases
in VOC emissions from nonroad and onroad vehicle categories (relative to 2002)
are expected to more-than-offset
increases in the other source categories.
With respect to NOX, overall emissions
are expected to increase through 2010
but then to decrease over the next four
years as the benefits from new EPA
emissions and fuels standards for diesel
vehicles begin to take effect. We note,
however, that the NOX emissions
increase in 2010 is less in absolute
terms than the VOC emissions decrease
in that same year. Thus, based on the
inventory projections in the Washoe
County Ozone Maintenance Plan, we
believe that maximum daily 8-hour
ozone concentrations in Washoe County
through 2010 will most likely remain
similar to those monitored in the 2001–
2003 period (during which the area was
in attainment of the standard) and then
drop slightly afterwards in rough
proportion to the decrease in ozone
precursor emissions predicted from
2010 through 2014. As such, we find
that the Washoe County Ozone
Maintenance Plan demonstrates
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continued attainment of the 8-hour
ozone standard through 2014.
3. Ambient Air Quality Monitoring
The State should continue to operate
air quality monitors in accordance with
40 CFR part 58 to verify maintenance of
the 8-hour ozone standard in the area.
In 2006, Washoe County AQMD
operated six ozone monitoring stations
in southern Washoe County. In the
maintenance plan, Washoe County
AQMD commits to the continued
operation of an appropriate ozone
monitoring network in accordance with
40 CFR part 58 to verify the attainment
status of the area. See page 9 of the
Ozone Maintenance Plan. This is
acceptable.
4. Verification of Continued Attainment
A section 110(a)(1) ozone
maintenance plan should indicate how
the State will track the progress of the
maintenance plan. This is necessary due
to the fact that emissions projections
made for the maintenance
demonstration depend on assumptions
of point, area and mobile source activity
and turn-over rates. One option for
tracking the progress of the maintenance
demonstration would be for the State to
periodically update the emissions
inventory.
To track the progress of the Washoe
County Ozone Maintenance Plan,
Washoe County AQMD has committed
to prepare, and submit to EPA,
comprehensive periodic ozone
emissions inventories on a triennial
basis through at least 2014. The plan’s
stated purpose for the triennial
inventory updates is to screen for
significant increases in actual ozone
precursor emissions. See page 10 of the
Ozone Maintenance Plan. This is
acceptable.
5. Contingency Plan
EPA’s Phase 1 8-Hour Ozone
Implementation Rule requires section
110(a)(1) maintenance plans to include
contingency provisions to promptly
correct any violation of the ozone
NAAQS that occurs. Generally,
contingency plans should clearly
identify the measures to be adopted, a
schedule and procedure for adoption
and implementation, and a specific
timeline for action by the State. Also,
the State should identify specific
indicators or triggers, which will be
used to determine when the
contingency measures need to be
implemented.
The Washoe County Ozone
Maintenance Plan includes a
contingency plan that establishes a
triggering mechanism, and identifies
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Sfmt 4700
specific measures to be adopted, a
schedule and procedure for adoption
and implementation, and a specific
timeline for action by the District Board
of Health. The triggering mechanism is
a confirmed violation of the 8-hour
ozone NAAQS at one of the air
monitoring stations operated by Washoe
County AQMD.
The Washoe County Ozone
Maintenance Plan identifies a list of
potential contingency measures that are
to be considered by the District Board of
Health for implementation in the event
that the triggering event occurs. The
identified measures focus on the two of
the largest anthropogenic source
categories of ozone precursor emissions
in Washoe County: On-road motor
vehicles and nonroad gasoline-powered
vehicles. With respect to on-road motor
vehicles, the potential contingency
measures include: (1) Increase the I/M
waiver repair rate, (2) establish/enhance
trip reduction programs, and (3)
establish an early vehicle retirement
program. With respect to nonroad
gasoline engines, the potential
contingency measures include: (1)
Portable gas container emission
controls, (2) construction fleet
modernization, and (3) establish a fund
program to electrify existing gasoline
lawn and garden equipment. See page
12 of the Ozone Maintenance Plan. The
Ozone Maintenance Plan indicates that
the list of potential measures will be
reviewed and updated at least once
every three years in coordination with
the periodic ozone emissions inventory
update process.
With regard to adoption and
implementation of measures, the
contingency plan includes a
commitment by Washoe County AQMD
to make recommendations to the
Washoe County District Board of Health
at their next regularly scheduled
meeting, but no later than 45 days after
the trigger has been reached. The
contingency plan then indicates that the
District Board of Health’s contingency
measure adoption and implementation
schedule shall be as expeditious as
practicable, but not longer than 24
months.
Given that the contingency plan
included in the Washoe County Ozone
Maintenance Plan establishes a
triggering mechanism, and identifies
specific measures to be adopted, a
schedule and procedure for adoption
and implementation, and a specific
timeline for action, we find that the
Washoe County Ozone Maintenance
Plan includes contingency provisions to
promptly correct any violation of the 8hour ozone NAAQS that occurs in
Washoe County and thus is acceptable.
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6. Conclusion
Based on the review presented above
of the various elements of the submitted
plan, we are approving the Washoe
County Ozone Maintenance Plan as a
revision to the Washoe County portion
of the Nevada SIP. In so doing, we find
that the Washoe County Ozone
Maintenance Plan, adopted on April 26,
2007 by the Washoe County District
Board of Health and submitted to EPA
by NDEP on May 30, 2007, satisfies the
requirements of CAA section 110(a)(1)
and EPA’s phase 1 rule implementing
the 8-hour ozone standard.
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IV. Final Action and Request for
Comment
Under section 110(k) of the Clean Air
Act, EPA is approving a revision to the
Washoe County portion of the Nevada
SIP that was submitted to EPA on May
30, 2007 and that consists of the
Maintenance Plan for the Washoe
County 8-Hour Ozone Attainment Area
(April 2007) (‘‘Washoe County Ozone
Maintenance Plan’’). As described in
more detail above, we are approving the
Washoe County Ozone Maintenance
Plan because we find that it provides for
continued attainment of the 8-hour
ozone standard in Washoe County
through the year 2014 and thereby
satisfies the related requirements under
section 110(a)(1) of the Clean Air Act
and EPA’s phase 1 rule implementing
the 8-hour ozone NAAQS. Our approval
of the Washoe County Ozone
Maintenance Plan as a revision to the
Nevada SIP makes the commitments
included therein, such as those related
to ambient air quality monitoring,
verification of continued attainment,
and the contingency plan, federally
enforceable.
EPA is publishing this rule without
prior proposal because we view this as
a non-controversial action and
anticipate no adverse comments.
However, in the proposed rules section
of this Federal Register publication, we
are publishing a separate document that
will serve as the proposal to approve the
SIP revision if relevant adverse
comments are received. This rule will
be effective on March 18, 2008 without
further notice unless we receive adverse
comment by February 19, 2008. If we
receive adverse comments, we will
publish a timely withdrawal in the
Federal Register informing the public
that the rule will not take effect. We will
address all public comments in a
subsequent final rule based on the
proposed rule. We will not institute a
second comment period on this action.
Any parties interested in commenting
must do so now. Please note that if we
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14:58 Jan 17, 2008
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receive adverse comment on an
amendment, paragraph, or section of
this rule and if that provision may be
severed from the remainder of the rule,
we may adopt as final those provisions
of the rule that are not the subject of an
adverse comment.
V. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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 action merely approves
a state plan as meeting Federal
requirements and imposes no additional
requirements beyond those imposed by
state law. Accordingly, the
Administrator certifies that this 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
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty beyond
that required by state law, 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 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
approves a state plan implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
CAA. This 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.
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3395
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the CAA. 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 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.).
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. EPA will submit a
report containing this rule 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. section 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 March 18, 2008. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
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Federal Register / Vol. 73, No. 13 / Friday, January 18, 2008 / Rules and Regulations
Dated: November 29, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. Section 52.1470 is amended by
adding paragraph (c)(65) to read as
follows:
I
§ 52.1470
Identification of plan.
*
*
*
*
*
(c) * * *
(65) The following plan was
submitted on May 30, 2007 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Washoe County District Health
Department, Air Quality Management
Division.
(1) Maintenance Plan for the Washoe
County 8-Hour Ozone Attainment Area
(April 2007), Washoe County District
Health Department, excluding
appendices.
*
*
*
*
*
[FR Doc. E8–743 Filed 1–17–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2006–0214; FRL–8514–7]
Approval and Promulgation of Air
Quality Implementation Plans;
Designation of Areas for Air Quality
Planning Purposes; Arizona; San
Manuel Sulfur Dioxide State
Implementation Plan and Request for
Redesignation to Attainment
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
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AGENCY:
SUMMARY: EPA is taking direct final
action under the Clean Air Act to
approve the Final State Implementation
Plan Revision, San Manuel Sulfur
Dioxide Nonattainment Area, March
2007 as a revision to the Arizona state
implementation plan. The Arizona
Department of Environmental Quality
developed this plan to maintain the
sulfur dioxide national ambient air
quality standards in the San Manuel,
Arizona area and to request
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redesignation of the area to attainment.
The maintenance plan contains various
elements, including contingency
provisions that will be implemented if
measured ambient concentrations of
sulfur dioxide are above certain trigger
levels. EPA is also approving the State
of Arizona’s request for redesignation of
the San Manuel area from
nonattainment to attainment for the
sulfur dioxide standards.
EPA is taking these actions consistent
with provisions in the Clean Air Act
that obligate the Agency to approve or
disapprove submittals of revisions to
state implementation plans and requests
for redesignation. The intended effect is
to redesignate the San Manuel, Arizona
sulfur dioxide nonattainment area to
attainment, and to provide for
maintenance of the standard for the tenyear period following redesignation.
DATES: This rule is effective on March
18, 2008 without further notice, unless
EPA receives adverse comments by
February 19, 2008. If we receive such
comments, we will publish a timely
withdrawal in the Federal Register to
notify the public that this direct final
rule will not take effect.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2006–0214, by one of the
following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
2. E-mail: robin.marty@epa.gov.
3. Mail or deliver: Marty Robin (Air–
2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through the
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
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www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., 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:
Marty Robin, Air Planning Office, (415)
972–3961 or by e-mail at
robin.marty@epa.gov.
Elsewhere
in this Federal Register, we are
proposing approval and soliciting
written comment on this action.
Throughout this document, the words
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ mean U.S. EPA.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Summary of Today’s Direct Final Action
II. Introduction
A. The SO2 NAAQS
B. State Implementation Plans (SIPs)
C. History of SO2 Planning in Arizona
1. Development of the SO2 SIP
2. San Manuel SO2 Nonattainment Area
D. Sources of SO2 Emissions in the San
Manuel Area
III. CAA Requirements for Redesignation
Requests and Maintenance Plans
IV. EPA’s Evaluation of the Redesignation
Request and Maintenance Plan for the
San Manuel, Arizona SO2 Nonattainment
Area
A. The Area Must Be Attaining the SO2
NAAQS
B. The Area’s Applicable Implementation
Plan Must Be Fully Approved Under
Section 110(k)
C. The Improvement in Air Quality Must
Be Due to Permanent and Enforceable
Reductions in Emissions
D. The Area Must Have Met All Applicable
Requirements Under Section 110 and
Part D
1. Section 110 Requirements
2. Part D Requirements
E. The Area Must Have a Fully Approved
Maintenance Plan
1. Attainment Emissions Inventory
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Plan
6. Subsequent Maintenance Plan Revisions
7. Conclusion
V. Public Comment and EPA’s Final Action
VI. Statutory and Executive Order Reviews
I. Summary of Today’s Direct Final
Action
On June 7, 2007, the Arizona
Department of Environmental Quality
(‘‘ADEQ’’ or ‘‘State’’) submitted to EPA
Region IX its Final Arizona State
Implementation Plan Revision, San
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 73, Number 13 (Friday, January 18, 2008)]
[Rules and Regulations]
[Pages 3389-3396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-743]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2007-1079; FRL-8509-2]
Approval and Promulgation of Air Quality Implementation Plans;
Nevada; Washoe County 8-Hour Ozone Maintenance Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to approve a revision to the
Washoe County portion of the Nevada State Implementation Plan.
Submitted by the State of Nevada on May 30, 2007, this plan revision
consists of a maintenance plan prepared for the purpose of providing
for continued attainment of the 8-hour ozone standard in Washoe County
through the year 2014 and thereby satisfying the related requirements
under section 110(a)(1) of the Clean Air Act and EPA's phase 1 rule
implementing the 8-hour ozone national ambient air quality standard.
EPA is taking this action pursuant to those provisions of the Clean Air
Act that obligate the Agency to take action on submittals of state
implementation plans and plan revisions.
DATES: This rule is effective on March 18, 2008 without further notice,
unless EPA receives relevant adverse comment by February 19, 2008. If
EPA receives such comment, EPA will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Submit your comments, identified by EPA-RO9-OAR-2007-1079,
by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
E-mail: Eleanor Kaplan at kaplan.eleanor@epa.gov. Please
also send a copy by e-mail to the person listed in the FOR FURTHER
INFORMATION CONTACT section below.
Fax: Eleanor Kaplan, Planning Office (AIR-2), at fax
number (415) 947-4147.
Mail or deliver: Eleanor Kaplan, Air Planning Office,
(AIR-2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901. Hand or courier deliveries are
accepted only between the hours of 8 a.m. and 4 p.m. weekdays except
for legal holidays. Special arrangements should be made for deliveries
of boxed information.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes information claimed to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Do not submit information that you consider to be CBI or otherwise
protected through www.regulations.gov or e-mail. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through www.regulations.gov your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Planning Office (AIR-2),
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, California 94105-3901. 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: Eleanor Kaplan, Planning Office (AIR-
2), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, California 94105-3901, telephone (415) 947-4147;
fax (415) 947-4147; e-mail address kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA. This supplementary information is
organized as follows:
Table of Contents
I. Summary of Action
II. Background
A. Ozone Facts, Effects and Ambient Standard
B. General Description of Washoe County, Nevada
C. Regulatory Context
D. Ambient Ozone Conditions
III. Evaluation of State's Submittal
A. CAA Procedural Requirements
B. Evaluation of Ozone Maintenance Plan
1. Attainment Inventory
2. Maintenance Demonstration
3. Ambient Air Quality Monitoring
4. Verification of Continued Attainment
5. Contingency Plan
6. Conclusion
IV. Final Action and Request for Comment
V. Statutory and Executive Order Reviews
I. Summary of Action
On May 30, 2007, the Governor's designee, the Nevada Division of
Environmental Protection (NDEP), submitted the Maintenance Plan for the
Washoe County 8-Hour Ozone Attainment Area (April 2007) (``Washoe
County Ozone Maintenance Plan'' or ``Ozone Maintenance Plan'') to EPA
for approval as a revision to the Washoe County portion of the Nevada
State Implementation Plan (SIP). The Washoe County Ozone Maintenance
Plan was developed by the Washoe County District Health Department, Air
Quality Management Division (Washoe County AQMD) and adopted by the
Washoe County District Board of Health (District Board of Health) on
April 26, 2007. Washoe County AQMD prepared the plan to provide for
continued attainment of the 8-hour ozone national ambient air quality
standard (NAAQS) through 2014 and to thereby satisfy the requirements
of section 110(a)(1) of the Clean Air Act (CAA or ``Act'') and EPA's
phase 1 rule implementing the 8-hour ozone NAAQS. The May 30, 2007 SIP
revision submittal includes the maintenance plan and related technical
appendices, as well as documentation of notice, public hearing, and
adoption by the District Board of Health.
For the reasons set forth in this document, and pursuant to section
110(k) of the Act, we are approving the Washoe County Ozone Maintenance
Plan as a revision to the Washoe County portion of the Nevada SIP. In
so doing, we find that the submitted ozone
[[Page 3390]]
maintenance plan meets all of the applicable requirements of CAA
section 110(a)(1) and our phase 1 rule implementing the 8-hour ozone
NAAQS.
II. Background
A. Ozone Facts, Effects, and Ambient Standard
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 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.
In the earth's lower atmosphere, ground-level ozone is considered
``bad.'' Motor vehicle exhaust and industrial emissions, gasoline
vapors, and chemical solvents as well as natural sources emit
NOX and VOC that help form ozone. Ground-level ozone is the
primary constituent of smog. Sunlight and hot weather cause ground
level ozone to form in harmful concentrations in the air. As a result
it is known as a summertime air pollutant. Many urban areas tend to
have high levels of ``bad'' ozone, but even rural areas are also
subject to increased ozone levels because wind carries ozone and
pollutants that form it hundreds of miles away from their original
source. ``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.
Breathing ozone can trigger a variety of health problems including
chest pain, coughing, throat irritation, and congestion. It can worsen
bronchitis, emphysema, and asthma. Ground-level ozone also can reduce
lung function and inflame the linings of the lungs. Repeated exposure
may permanently scar lung tissue. People with lung disease, children,
older adults, and people who are active can be affected when ozone
levels are unhealthy.
The CAA requires EPA to set national ambient air quality standards
(NAAQS) to protect public health and public welfare. EPA has
established a NAAQS for ozone at 0.08 parts per million (ppm), daily
maximum 8-hour average. The 8-hour ozone NAAQS is met at an ambient air
quality monitoring site when the three-year average of the annual
fourth-highest daily maximum 8-hour average ozone concentration is less
than or equal to 0.08 ppm. See 40 CFR 50.10 and appendix I.
B. General Description of Washoe County, Nevada
Washoe County is located in the northwest portion of Nevada and is
bounded by California, Oregon, and the counties of Humboldt, Pershing,
Storey, Churchill, Lyon and Carson City. Washoe County is a long,
narrow strip, between 30 and 50 miles wide, 190 miles long north and
south, and encompasses a land area of 6,608 square miles.
Population density in the county is concentrated for the most part
in the eight valleys adjacent to the Truckee River, in the southern
one-third of the county. The principal city, Reno (the county seat), is
situated in the southern part of the county and is the business and
transportation center for northern and western Nevada. Washoe County
has experienced rapid growth over the past several decades and has seen
its population roughly double since 1980 (from approximately 190,000 in
1980 to approximately 360,000 in 2002). The Washoe County AQMD is the
designated agency responsible for air quality management throughout the
entire county with the exception of certain types of power plants,
which are subject, under Nevada law, to the jurisdiction of NDEP.
C. Regulatory Context
Under the Clean Air Act (CAA) as amended in 1970, EPA established
national ambient air quality standards (NAAQS) for certain pervasive
air pollutants, such as photochemical oxidant, carbon monoxide, and
particulate matter. The NAAQS represent concentration levels below
which public health and welfare are protected. The 1970 Act also
required States to adopt and submit State Implementation Plans (SIPs)
to implement, maintain, and enforce the NAAQS. The original Nevada SIP
was submitted and approved by EPA in 1972. SIP revisions are required
from time-to-time to account for new or amended NAAQS or to meet other
changed circumstances.
The CAA was significantly amended in 1977, and under the 1977
Amendments, EPA promulgated attainment status designations for all
areas of the country with respect to the NAAQS. The Truckee Meadows
portion of Washoe County (hydrographic area 87) was designated
as a nonattainment area for the NAAQS for photochemical oxidant. See 43
FR 8962, at 9012 (March 3, 1978). The Clean Air Act provides for
periodic review and revision of the NAAQS by EPA, and in 1979, EPA
established a new NAAQS for ozone of 0.12 ppm, one-hour average, to
replace the oxidant standard of 0.08 ppm. See 44 FR 8202 (February 8,
1979). Areas designated nonattainment for oxidant were considered to be
nonattainment for ozone as well, but States could request redesignation
to attainment if monitoring data showed that an area met the ozone
NAAQS.
To satisfy the requirements for oxidant/ozone nonattainment areas
under the 1977 Amended Act, Washoe County District Board of Health
adopted five stationary source rules regulating emissions of volatile
organic compounds (VOC): Section 040.070 (``Storage of Petroleum
Products''), section 040.075 (``Gasoline Loading into Tank Trucks and
Trailers''), section 040.080 (``Gasoline Unloading from Tank Trucks and
Trailers into Storage Tanks''), section 040.085 (``Organic Solvents''),
and section 040.090 (Cut-back Asphalt''). On July 24, 1979, the State
of Nevada submitted these five rules to EPA as a revision to the Nevada
SIP. EPA approved them as such on April 14, 1981 (46 FR 21758).
Meanwhile, late in 1980, the State of Nevada requested that EPA
redesignate Truckee Meadows as an attainment area for the then-new
ozone NAAQS based on available ozone monitoring data, and in the
following year, EPA approved the redesignation of Truckee Meadows from
nonattainment for oxidant to attainment for the ozone NAAQS. See 46 FR
37896 (July 23, 1981).
Congress significantly amended the Clean Air Act again in 1990, and
under the 1990 Act Amendments, because of an ozone episode in 1990, EPA
designated all of Washoe County as a ``marginal'' ozone nonattainment
area, effective January 6, 1992. See 56 FR 56694 (November 6, 1991).
Under the CAA, as amended in 1990, States with marginal ozone
nonattainment areas were required to submit SIP revisions providing for
changes to the program for review of new major sources and major
modifications (``new source review'' or NSR), base year (1990)
inventories of ozone precursor emissions and periodic inventory
updates, rules requiring owners of larger stationary sources to submit
annual emissions statements, and rules establishing procedures for
determining conformity of certain types of projects to the SIP. See CAA
sections 182(a) and 176(c).
NDEP has submitted various revisions to the Washoe County portion
of the Nevada SIP over the past 15 years to meet these requirements.
Specifically, NDEP submitted a SIP revision related to the Washoe
County NSR program on
[[Page 3391]]
April 7, 1994, SIP revisions related to ozone precursor emission
inventories on November 13, 1992 (year 1990 inventory), January 19,
1996 (year 1993), April 14, 1999 (year 1996), February 5, 2002 (year
1999), and February 3, 2005 (year 2002), a SIP revision related to
emission statements (Washoe County District Board of Health section
030.219) on November 13, 1992, and a SIP revision related to general
and transportation conformity on July 31, 1995.\1\
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\1\ The submittal of the attainment inventory (year 2002) in the
Washoe County Ozone Maintenance Plan supersedes all of the
previously-submitted ozone precursor inventories with the exception
of the February 3, 2005 inventory submittal, which provides
technical support and documentation for all of the source categories
listed in the Ozone Maintenance Plan for year 2002 with the
exception of nonroad and on-road vehicles. The NSR and conformity
submittals are no longer necessary for ozone purposes, but remain
relevant for the purposes of the carbon monoxide and particulate
matter (PM10) NAAQS in the Truckee Meadows area of Washoe
County. The State may withdraw the District's emission statements
rule because it is no longer an ``applicable requirement'' for the
Washoe County portion of the Nevada SIP given the county's
designation as ``unclassifiable/attainment'' for the 8-hour ozone
NAAQS and the revocation of the 1-hour ozone NAAQS. See 40 CFR
51.900(f).
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Improvements to the State's vehicle inspection and maintenance (I/
M) program for the Truckee Meadows planning area to meet EPA's
``basic'' I/M performance standard, though adopted to meet CAA
nonattainment planning requirements for carbon monoxide rather than
ozone, also provide VOC emissions reductions.\2\ NDEP submitted the
upgraded I/M program on June 3, 1994 and submitted updated I/M-related
statutes and rules on May 11, 2007. We expect to take action on the I/M
submittals for Truckee Meadows in the near future in the context of
taking action on NDEP's request for redesignation of Truckee Meadows to
attainment for the carbon monoxide NAAQS.
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\2\ ``Marginal'' ozone nonattainment areas that had, or were
required to have, I/M programs in their ozone SIPs prior to the
passage of the 1990 CAAA were required to maintain and upgrade their
programs under CAA section 182(a). Nevada implemented an I/M program
in Truckee Meadows prior to the 1990 CAAA, but the EPA-approved
version of the program at that time did not include emissions
testing of hydrocarbons (i.e., the corresponding cutpoints in the
approved program had been deleted). As such, the pre-1990 I/M
program in Truckee Meadows is not considered a part of the ozone SIP
for that area.
---------------------------------------------------------------------------
NDEP, on behalf of Washoe County, submitted a maintenance plan for
the 1-hour ozone NAAQS and a redesignation request to EPA on July 31,
1995. The Washoe County 1-hour ozone maintenance plan and redesignation
request was revised and re-submitted by NDEP on April 2, 1997 but
withdrawn from further consideration at the county's request on
September 12, 1997 in the wake of EPA's revision of the ozone NAAQS
during the summer of 1997.
In July 1997, subsequent to a periodic review of the ozone NAAQS,
EPA established a new ozone NAAQS (0.08 ppm, eight-hour average) to
replace the 1-hour ozone standard. See 62 FR 38856 (July 18, 1997). 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). In 2005, we made a second finding of attainment for Washoe
County with respect to the 1-hour ozone NAAQS. See 70 FR 22803 (May 3,
2005). An attainment finding is but one of the criteria necessary to
qualify for redesignation to ``attainment.''
Meanwhile, in 2004, following years of delay associated with court
challenges, EPA promulgated area designations for the new 8-hour ozone
NAAQS. See 69 FR 23858 (April 30, 2004). Washoe County was designated
as an ``unclassifiable/attainment'' area, effective June 15, 2004. See
69 FR 23858 at 23919-23920. In another EPA rule published on April 30,
2004 (69 FR 23951), which is referred to as the ``Phase 1 8-Hour Ozone
Implementation Rule'' or ``Phase 1 Rule,'' EPA revoked the one-hour
ozone NAAQS effective June 15, 2005 and established certain
requirements to prevent backsliding in those areas that were designated
as nonattainment for the 1-hour ozone standard (or that were
``attainment'' but subject to a maintenance plan) at the time of
designation for the 8-hour ozone standard. EPA codified these
requirements at 40 CFR 51.905.
Because Washoe County's designations as of June 15, 2004 (i.e., the
date of designation for the 8-hour NAAQS) were ``nonattainment'' for
the 1-hour ozone NAAQS and ``unclassifiable/attainment'' for 8-hour
ozone NAAQS, a maintenance plan was required for the area under CAA
section 110(a)(1) and the Phase 1 Rule. See 40 CFR 51.905(a)(3). States
were required to submit CAA section 110(a)(1) ozone maintenance plans
by June 15, 2007. WCAQMD prepared the Maintenance Plan for the Washoe
County 8-Hour Ozone Attainment Area (April 2007) to meet the
requirements of section 110(a)(1) and EPA's Phase 1 Rule. In today's
action, we are approving the Washoe County Ozone Maintenance Plan as a
revision to the Washoe County portion of the Nevada SIP.
D. Ambient Ozone Conditions
Generally, we will determine whether an area's air quality is
meeting the NAAQS based upon data gathered at established state and
local air monitoring stations (SLAMS) and national air monitoring sites
(NAMS) and entered into the Air Quality System (AQS) database. Data
entered into AQS has been determined to meet Federal monitoring
requirements (see 40 CFR 50.6; 40 CFR part 50, appendix J; 40 CFR part
53; 40 CFR part 58, appendices A and B) and may be used to determine
the attainment status of areas. Also, we also take into account data
from other air monitoring stations, such as Special Purpose Monitors
(SPMs), if the data is collected using a Federal reference method or
Federal equivalent method, unless the air monitoring agency
demonstrates that the data came from a particular period during which
EPA requirements concerning quality assurance, methods, or siting
criteria were not met in practice. See 71 FR 61236, at 61302 (October
17, 2006) and 40 CFR 58.20. All data are reviewed to determine the
area's air quality status in accordance with 40 CFR part 50, appendix
I.
Washoe County AQMD measures ambient ozone concentration at six
monitoring sites located in southern Washoe County, including Lemmon
Valley, downtown Reno, Sparks, south Reno, Toll Road (Geiger Grade),
and Incline Village. All of Washoe County AQMD's ozone monitoring sites
are NAMS or SLAMS except for Incline Village, which is a SPM for ozone.
The current ozone NAAQS is met at an ambient air quality monitoring
site when the three-year average of the annual fourth-highest daily
maximum 8-hour ozone concentration (also referred to as the ``design
value'') is less than or equal to 0.08 ppm, and the standard is met
within an air quality planning area when the standard is met at all of
the monitoring stations. A review of the data gathered at the various
ozone monitoring sites in Washoe County and entered into AQS confirms
that Washoe County is in attainment of the 8-hour ozone NAAQS. Since
1999, the highest design value at any of the ozone monitoring sites is
0.075 ppm, a value
[[Page 3392]]
calculated for the Sparks monitor over the 2001-2003 period. For the
purposes of comparison, due to rounding conventions, no design values
less than 0.085 ppm violate the ozone NAAQS. More recently, the highest
design value for both 2003-2005 and 2004-2006 periods is 0.071 ppm, the
value calculated for the downtown Reno, south Reno, and Sparks
monitoring sites.
III. Evaluation of State's Submittal
As noted above, EPA promulgated the 8-hour ozone NAAQS in 1997 and
designated and classified areas for this standard in 2004. In 2004, we
also published the Phase 1 Ozone Implementation Rule. Code of Federal
Regulations, title 40, part 51, Sec. 51.905(a)(3) and (4), established
in that rulemaking, set forth requirements for anti-backsliding
purposes for areas designated unclassifiable/attainment for the 8-hour
standard. These provisions required States with such areas to submit
10-year maintenance plans under section 110(a)(1) of the CAA if these
areas were also nonattainment areas (or were attainment areas subject
to a CAA section 175A maintenance plan) under the 1-hour ozone
standard.\3\ Such plans are to be submitted as revisions to SIPs.
Washoe County AQMD prepared the Washoe County Ozone Maintenance Plan in
response to these requirements.
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\3\ We provided guidance to States regarding section 110(a)(1)
ozone maintenance plans in a memorandum from Lydia N. Wegman,
Director, Air Quality Strategies and Standards Division, EPA Office
of Air Quality Planning and Standards, entitled, ``Maintenance Plan
Guidance Document for Certain 8-hour Ozone Areas Under Section
110(a)(1) of the Clean Air Act,'' dated May 20, 2005. For the
contingency plan element of section 110(a)(1) maintenance plans, our
May 20, 2005 guidance cites an EPA policy memorandum from John
Calcagni, entitled, ``Procedures for Processing Requests to
Redesignate Areas to Attainment,'' dated September 4, 1992.
---------------------------------------------------------------------------
A. CAA Procedural Requirements
Under section 110 of the Act and EPA regulations (at 40 CFR part
51, subpart F), each State must provide reasonable notice and public
hearing prior to adoption of SIPs and SIP revisions for subsequent
submittal to EPA.
On March 23, April 5, and April 20, 2007, the District Board of
Health published a notice in the Reno Gazette-Journal, a newspaper of
general circulation in the Reno area, of a public hearing to consider
the Washoe County Ozone Maintenance Plan. A public hearing was held on
April 26, 2007 at District Health Department offices in Reno. On April
26, 2007, the District Board of Health adopted the maintenance plan and
forwarded the plan to NDEP. On May 30, 2007, in accordance with Nevada
law, the Administrator of NDEP submitted the Ozone Maintenance Plan to
EPA. NDEP's May 30, 2007 SIP submittal package includes evidence of
public notice, public hearing, and District Board of Health adoption as
described above. No public comments were received on the draft
maintenance plan. Based on review of these materials, we find that NDEP
and the District Board of Health have met the procedural requirements
of CAA section 110 and 40 CFR part 51, subpart F.
B. Evaluation of Ozone Maintenance Plan
The 8-hour ozone 110(a)(1) maintenance plan must provide for
continued maintenance of the 8-hour ozone NAAQS in the area for 10
years from the effective date of the area's designation as
unclassifiable/attainment for the 8-hour ozone NAAQS. At a minimum, the
maintenance plan for such areas must include the five following
components: Attainment inventory, maintenance demonstration, ambient
air quality monitoring, verification of continued attainment, and
contingency plan. As explained below, we find that the Washoe County
Ozone Maintenance Plan includes all five components, that each
component is acceptable, and that the overall plan provides for
continued maintenance of the 8-hour ozone NAAQS in Washoe County
through 2014 (i.e., 10 years beyond 2004, the year of the county's
designation for the 8-hour ozone NAAQS).
1. Attainment Inventory
The attainment inventory should be based on actual ``typical summer
day'' emissions of VOC and NOX. EPA's Phase 1 8-Hour Ozone
Implementation Rule provides that the 10-year maintenance period begins
as of the effective date of designation for the 8-hour ozone standard
for the area. For purposes of an attainment emissions inventory, the
State may use one of any of the three years on which the 8-hour
attainment designation was based (i.e., 2001, 2002, and 2003). The
inventory should be consistent with EPA's most recent emissions
inventory methods, models, and factors and should be based on the
latest planning assumptions regarding population, employment, and motor
vehicle activity.
For the Washoe County Ozone Maintenance Plan, Washoe County AQMD
prepared an attainment inventory of ``typical summer day'' VOC and
NOX emissions for year 2002. Washoe County AQMD's attainment
inventory is comprehensive and includes essentially all point, area,
mobile and biogenic sources within the county. Table 1 below summarizes
the plan's attainment inventory, as well as the plan's inventories for
projected VOC and NOX emissions for years 2010 and 2014.
Table 1.--Washoe County Ozone Precursors Emission Inventory, 2002, 2010 and 2014
[Pounds per typical summer day]
----------------------------------------------------------------------------------------------------------------
Emissions (lb per summer day)
Source category Pollutant -----------------------------------
2002 2010 2014
----------------------------------------------------------------------------------------------------------------
VOC EMISSIONS:
Point Sources........................... VOC........................... 2,971 3,419 3,658
Area Sources............................ VOC........................... 16,912 19,259 20,451
Biogenic Sources........................ VOC........................... 104,618 104,618 104,618
Nonroad Mobile.......................... VOC........................... 30,299 22,032 20,890
On-road Mobile.......................... VOC........................... 31,244 29,645 15,471
Buffer Zone Sources..................... VOC........................... 1,480 1,703 1,822
-----------------------------------
Total--VOC.......................... VOC........................... 187,524 180,676 166,910
Change Relative to 2002............. VOC........................... 0 -6,848 -20,614
NOX EMISSIONS:
Point Sources........................... NOX........................... 231 266 284
[[Page 3393]]
Area Sources............................ NOX........................... 3,576 4,109 4,393
Biogenic Sources........................ NOX........................... 25,480 25,480 25,480
Nonroad Mobile.......................... NOX........................... 27,404 24,847 22,312
On-road Mobile.......................... NOX........................... 54,869 57,258 24,838
Buffer Zone Sources..................... NOX........................... 24,153 27,794 29,738
-----------------------------------
Total--NOX.......................... NOX........................... 135,713 139,754 107,045
Change Relative to 2002............. NOX........................... 0 4,041 -28,668
----------------------------------------------------------------------------------------------------------------
Note.--``Buffer zone'' refers to major sources within 25 miles of Washoe County.
Source: Washoe County Ozone Maintenance Plan (April 2007), tables 2, 3 and 4; EPA.
On February 3, 2005, NDEP submitted Washoe County AQMD's emissions
inventories of VOC and NOX for year 2002 as the latest in a
series of periodic inventory updates that the county has prepared since
1990 to meet 1-hour ozone planning requirements. To develop the
attainment inventory for the Washoe County Ozone Maintenance Plan,
Washoe County AQMD relied upon the previously-submitted inventory
information for year 2002 for point and area sources but updated
certain source categories, such as nonroad equipment and on-road motor
vehicles, for which new EPA emissions estimation models had become
available.
As a general matter, for the point source portion of the attainment
inventory, Washoe County AQMD used data collected from permitted
sources during the annual permit renewal process or from emission
statements. For area sources, Washoe County AQMD used EPA emission
factor and methods or material balance calculations, except for
structural and automobile fires for which Washoe County AQMD used
emissions factors and methods developed by the California Air Resources
Board. Aircraft and railroad emissions were estimated using EPA
emissions factors and methods and local activity data provided by
Washoe County Airport Authority and Union Pacific Railroad,
respectively. Biogenic source emissions were determined using EPA's
Biogenic Emissions Inventory System, version 2.3 (BEIS2.3).
Documentation for the emissions developed for these various source
categories is provided in Washoe County AQMD's Washoe County, Nevada
Ozone Non-Attainment Area, 2002 Periodic Emissions Inventory of Ozone
Precursors (May 2004), and related appendices A, B, and C, submitted by
NDEP on February 3, 2005.
As noted above, for nonroad vehicles and on-road motor vehicles,
Washoe County AQMD re-calculated the emissions that had previously been
calculated for 2002 to reflect updated EPA factors and models. For
nonroad vehicles, Washoe County AQMD re-calculated emissions for 2002
using the EPA model NONROAD2005, and for on-road motor vehicles, Washoe
County AQMD re-calculated emissions using the EPA model MOBILE6.2.03.
The on-road vehicle category incorporated the most recent planning
assumptions for the transportation network including vehicle miles
traveled and vehicle speeds. These planning assumptions were consistent
with those used by the metropolitan planning organization (MPO), which,
in Washoe County, is the Regional Transportation Commission.
Documentation for the emissions estimates for nonroad and on-road
vehicles is provided in appendices A, B, and C of the Washoe County
Ozone Maintenance Plan.
As shown in table 1, above, biogenic sources represent the largest
source of VOC emissions during a typical summer day in Washoe County at
approximately 56 percent of the inventory. Among the anthropogenic
source categories, on-road and nonroad mobile sources contribute the
most to the overall VOC inventory at 17 and 16 percent, respectively.
With respect to NOX emissions, the largest contributing
sources are on-road and nonroad mobile sources at 40 percent and 20
percent, respectively.
Based on our review of the documentation submitted with the 2002
periodic inventory and the Washoe County Ozone Maintenance Plan, we
conclude that the attainment inventory has been developed for the
appropriate season of an acceptable attainment year, is comprehensive
and based on appropriate factors and methods, and thus is acceptable
for the purposes of a section 110(a)(1) ozone maintenance plan.
2. Maintenance Demonstration
The key element of a section 110(a)(1) ozone maintenance plan is a
demonstration of how the area will remain in compliance with the 8-hour
ozone standard for the 10-year period following the effective date of
designation as unclassifiable/attainment. The end projection year is 10
years from the effective date of the attainment designation, which for
Washoe County was June 15, 2004. Therefore, this plan must demonstrate
attainment through 2014.
The typical method that areas have used in the past to demonstrate
that an area will maintain the 1-hour ozone standard has been to
identify the level of ozone precursor emissions in the area which is
sufficient to attain the NAAQS and to show that future emissions of
ozone precursors will not exceed the attainment levels. To perform this
analysis, for the 8-hour maintenance plan, the State needs to develop
emission inventories for the attainment year and for the projection
year. Also, because the plan must demonstrate maintenance throughout
the applicable 10-year period, not just in the projection year, the
State should develop an emission inventory for an interim year between
the attainment inventory year and the projection inventory year to show
a trend analysis for maintenance of the standard.
For its maintenance demonstration, the Washoe County Ozone
Maintenance Plan includes emissions inventories of ozone precursors in
an interim year (2010) and the projection year (2014). To develop the
emissions projections for these two future years, Washoe County AQMD
used several different methods to project data from year 2002 to the
years 2010 and 2014. For most point and area sources, Washoe County
AQMD used Washoe County's 2010 and
[[Page 3394]]
2014 population and employment forecasts adopted by the Truckee Meadows
Regional Planning Commission (which are consistent with those used by
the local MPO) to project emissions into the future. Population
forecasts were also used to project buffer zone source emissions and
locomotive emissions. Emissions from fires and biogenic sources were
assumed to remain constant over the 2002-2014 period. For nonroad
vehicles and on-road vehicles, Washoe County AQMD used EPA models,
NONROAD2005 and MOBILE6.2.03, respectively to project emissions for
2010 and 2014 using the latest vehicle activity projections used by the
local MPO. Aircraft emissions projections were based on aviation
activity forecasts provided by the local airport authority. We find
that the methods and assumptions used by Washoe County AQMD to project
emissions to 2010 and 2104 are acceptable.
Table 1, above, summarizes the emissions projections for 2010 and
2014 developed by Washoe County AQMD for the Washoe County Ozone
Maintenance Plan and compares those estimates with the corresponding
estimates for the attainment year (2002). Washoe County AQMD concludes
in the Ozone Maintenance Plan, based on the comparison of emissions in
2014 with those in 2002, that the 8-hour ozone NAAQS will be maintained
through the 10-year maintenance period. We agree with Washoe County
AQMD's conclusion for the reasons given below.
As shown in table 1 above, decreases in VOC emissions from nonroad
and on-road vehicle categories (relative to 2002) are expected to more-
than-offset increases in the other source categories. With respect to
NOX, overall emissions are expected to increase through 2010
but then to decrease over the next four years as the benefits from new
EPA emissions and fuels standards for diesel vehicles begin to take
effect. We note, however, that the NOX emissions increase in
2010 is less in absolute terms than the VOC emissions decrease in that
same year. Thus, based on the inventory projections in the Washoe
County Ozone Maintenance Plan, we believe that maximum daily 8-hour
ozone concentrations in Washoe County through 2010 will most likely
remain similar to those monitored in the 2001-2003 period (during which
the area was in attainment of the standard) and then drop slightly
afterwards in rough proportion to the decrease in ozone precursor
emissions predicted from 2010 through 2014. As such, we find that the
Washoe County Ozone Maintenance Plan demonstrates continued attainment
of the 8-hour ozone standard through 2014.
3. Ambient Air Quality Monitoring
The State should continue to operate air quality monitors in
accordance with 40 CFR part 58 to verify maintenance of the 8-hour
ozone standard in the area. In 2006, Washoe County AQMD operated six
ozone monitoring stations in southern Washoe County. In the maintenance
plan, Washoe County AQMD commits to the continued operation of an
appropriate ozone monitoring network in accordance with 40 CFR part 58
to verify the attainment status of the area. See page 9 of the Ozone
Maintenance Plan. This is acceptable.
4. Verification of Continued Attainment
A section 110(a)(1) ozone maintenance plan should indicate how the
State will track the progress of the maintenance plan. This is
necessary due to the fact that emissions projections made for the
maintenance demonstration depend on assumptions of point, area and
mobile source activity and turn-over rates. One option for tracking the
progress of the maintenance demonstration would be for the State to
periodically update the emissions inventory.
To track the progress of the Washoe County Ozone Maintenance Plan,
Washoe County AQMD has committed to prepare, and submit to EPA,
comprehensive periodic ozone emissions inventories on a triennial basis
through at least 2014. The plan's stated purpose for the triennial
inventory updates is to screen for significant increases in actual
ozone precursor emissions. See page 10 of the Ozone Maintenance Plan.
This is acceptable.
5. Contingency Plan
EPA's Phase 1 8-Hour Ozone Implementation Rule requires section
110(a)(1) maintenance plans to include contingency provisions to
promptly correct any violation of the ozone NAAQS that occurs.
Generally, contingency plans should clearly identify the measures to be
adopted, a schedule and procedure for adoption and implementation, and
a specific timeline for action by the State. Also, the State should
identify specific indicators or triggers, which will be used to
determine when the contingency measures need to be implemented.
The Washoe County Ozone Maintenance Plan includes a contingency
plan that establishes a triggering mechanism, and identifies specific
measures to be adopted, a schedule and procedure for adoption and
implementation, and a specific timeline for action by the District
Board of Health. The triggering mechanism is a confirmed violation of
the 8-hour ozone NAAQS at one of the air monitoring stations operated
by Washoe County AQMD.
The Washoe County Ozone Maintenance Plan identifies a list of
potential contingency measures that are to be considered by the
District Board of Health for implementation in the event that the
triggering event occurs. The identified measures focus on the two of
the largest anthropogenic source categories of ozone precursor
emissions in Washoe County: On-road motor vehicles and nonroad
gasoline-powered vehicles. With respect to on-road motor vehicles, the
potential contingency measures include: (1) Increase the I/M waiver
repair rate, (2) establish/enhance trip reduction programs, and (3)
establish an early vehicle retirement program. With respect to nonroad
gasoline engines, the potential contingency measures include: (1)
Portable gas container emission controls, (2) construction fleet
modernization, and (3) establish a fund program to electrify existing
gasoline lawn and garden equipment. See page 12 of the Ozone
Maintenance Plan. The Ozone Maintenance Plan indicates that the list of
potential measures will be reviewed and updated at least once every
three years in coordination with the periodic ozone emissions inventory
update process.
With regard to adoption and implementation of measures, the
contingency plan includes a commitment by Washoe County AQMD to make
recommendations to the Washoe County District Board of Health at their
next regularly scheduled meeting, but no later than 45 days after the
trigger has been reached. The contingency plan then indicates that the
District Board of Health's contingency measure adoption and
implementation schedule shall be as expeditious as practicable, but not
longer than 24 months.
Given that the contingency plan included in the Washoe County Ozone
Maintenance Plan establishes a triggering mechanism, and identifies
specific measures to be adopted, a schedule and procedure for adoption
and implementation, and a specific timeline for action, we find that
the Washoe County Ozone Maintenance Plan includes contingency
provisions to promptly correct any violation of the 8-hour ozone NAAQS
that occurs in Washoe County and thus is acceptable.
[[Page 3395]]
6. Conclusion
Based on the review presented above of the various elements of the
submitted plan, we are approving the Washoe County Ozone Maintenance
Plan as a revision to the Washoe County portion of the Nevada SIP. In
so doing, we find that the Washoe County Ozone Maintenance Plan,
adopted on April 26, 2007 by the Washoe County District Board of Health
and submitted to EPA by NDEP on May 30, 2007, satisfies the
requirements of CAA section 110(a)(1) and EPA's phase 1 rule
implementing the 8-hour ozone standard.
IV. Final Action and Request for Comment
Under section 110(k) of the Clean Air Act, EPA is approving a
revision to the Washoe County portion of the Nevada SIP that was
submitted to EPA on May 30, 2007 and that consists of the Maintenance
Plan for the Washoe County 8-Hour Ozone Attainment Area (April 2007)
(``Washoe County Ozone Maintenance Plan''). As described in more detail
above, we are approving the Washoe County Ozone Maintenance Plan
because we find that it provides for continued attainment of the 8-hour
ozone standard in Washoe County through the year 2014 and thereby
satisfies the related requirements under section 110(a)(1) of the Clean
Air Act and EPA's phase 1 rule implementing the 8-hour ozone NAAQS. Our
approval of the Washoe County Ozone Maintenance Plan as a revision to
the Nevada SIP makes the commitments included therein, such as those
related to ambient air quality monitoring, verification of continued
attainment, and the contingency plan, federally enforceable.
EPA is publishing this rule without prior proposal because we view
this as a non-controversial action and anticipate no adverse comments.
However, in the proposed rules section of this Federal Register
publication, we are publishing a separate document that will serve as
the proposal to approve the SIP revision if relevant adverse comments
are received. This rule will be effective on March 18, 2008 without
further notice unless we receive adverse comment by February 19, 2008.
If we receive adverse comments, we will publish a timely withdrawal in
the Federal Register informing the public that the rule will not take
effect. We will address all public comments in a subsequent final rule
based on the proposed rule. We will not institute a second comment
period on this action. Any parties interested in commenting must do so
now. Please note that if we receive adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, we may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves a state plan as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, 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 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 approves a state plan
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the CAA.
This 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.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the CAA. 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 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.).
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. EPA will submit a report containing this rule 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.
section 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 March 18, 2008. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
[[Page 3396]]
Dated: November 29, 2007.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
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 paragraph (c)(65) to read as
follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(65) The following plan was submitted on May 30, 2007 by the
Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department, Air Quality
Management Division.
(1) Maintenance Plan for the Washoe County 8-Hour Ozone Attainment
Area (April 2007), Washoe County District Health Department, excluding
appendices.
* * * * *
[FR Doc. E8-743 Filed 1-17-08; 8:45 am]
BILLING CODE 6560-50-P
