PM10, 76232-76235 [2015-30487]
Download as PDF
<![CDATA[
Lhorne on DSK9F6TC42PROD with RULES
76232
Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations
• is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the SIP is not approved
to apply on any Indian reservation land
or in any other area where EPA or an
Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of
Indian country, the rule does not have
tribal implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
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 action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by February 8, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. Parties with
objections to this direct final rule are
encouraged to file a comment in
response to the parallel notice of
proposed rulemaking for this action
published in the Proposed Rules section
of today’s Federal Register, rather than
file an immediate petition for judicial
review of this direct final rule, so that
VerDate Sep<11>2014
14:14 Dec 07, 2015
Jkt 238001
EPA can withdraw this direct final rule
and address the comment in the
proposed rulemaking. 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.
Dated: October 26, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, Chapter I, Title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLAN
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(465) to read as
follows:
■
§ 52.220
Identification of plan.
*
*
*
*
*
(c) * * *
(465) New regulation for the following
APCD was submitted on July 15, 2015
by the Governor’s designee.
(i) Incorporation by reference.
(A) Placer County Air Pollution
Control District.
(1) ‘‘Ozone Emergency Episode Plan,’’
adopted on June 11, 2015.
[FR Doc. 2015–30831 Filed 12–7–15; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2015–0633; FRL–9939–48–
Region 9]
PM10 Plans and Redesignation
Request; Truckee Meadows, Nevada;
Deletion of TSP Area Designation
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is taking final action to
approve two revisions to the Nevada
state implementation plan. The first
SUMMARY:
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
revision provides a demonstration of
implementation of best available control
measures (BACM) for control of
particulate matter with an aerodynamic
diameter less than or equal to a nominal
ten micrometers (PM10) within Truckee
Meadows. The second revision is a plan
that provides for the maintenance of the
national ambient air quality standard
(NAAQS or ‘‘standard’’) for PM10 in
Truckee Meadows through 2030,
includes an emissions inventory
consistent with attainment, and
establishes motor vehicle emissions
budgets. In connection with these
approvals, the EPA is taking final action
to determine that major stationary
sources of PM10 precursors do not
contribute significantly to elevated PM10
levels in the area. Also, based in part on
the approvals of the BACM
demonstration and maintenance plan
and determination regarding PM10
precursors, the EPA is taking final
action to approve the State of Nevada’s
request for redesignation of the Truckee
Meadows nonattainment area to
attainment for the PM10 standard.
Lastly, the EPA is taking final action to
delete the area designation for Truckee
Meadows for the revoked standard for
total suspended particulate (TSP). The
EPA is taking these actions because the
SIP revisions meet the applicable
statutory and regulatory requirements
for such plans and related motor vehicle
emissions budgets and because the area
meets the Clean Air Act requirements
for redesignation of nonattainment areas
to attainment.
This rule is effective on January
7, 2016.
DATES:
The EPA has established a
docket for this action under Docket ID
Number EPA–R09–OAR–2015–0633.
Generally, documents in the docket for
this action are available electronically at
www.regulations.gov and in hard copy
at the EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed at
www.regulations.gov, some information
may be publicly available only at the
hard copy location (e.g., copyrighted
material, large maps), and some may not
be publicly available in either location
(e.g., confidential business information
or ‘‘CBI’’). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
John
Ungvarsky, Air Planning Office (AIR–2),
U.S. Environmental Protection Agency,
Region IX, (415) 972–3963,
ungvarsky.john@epa.gov.
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\08DER1.SGM
08DER1
76233
Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
or ‘‘our’’ refer to the EPA. This
supplementary information section is
arranged as follows:
Table of Contents
Lhorne on DSK9F6TC42PROD with RULES
I. Proposed Actions
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Proposed Actions
On September 30, 2015 (80 FR 58640),
under Clean Air Act (CAA or ‘‘Act’’)
section 110(k)(3), the EPA proposed to
approve the BACM-related portion of
the submittal from the Nevada Division
of Environmental Protection (NDEP)
dated August 5, 2002 of Revisions to the
Nevada Particulate Matter (PM10) State
Implementation Plan for the Truckee
Meadows Air Basin (August 2002)
(‘‘2002 PM10 Attainment Plan’’), and the
submittal from NDEP dated November
7, 2014 of the Redesignation Request
and Maintenance Plan for the Truckee
Meadows 24-Hour PM10 Nonattainment
Area (August 28, 2014) (‘‘2014 PM10
Maintenance Plan’’) as revisions to the
Nevada state implementation plan (SIP).
In so doing, we found that the BACM
demonstration in the 2002 PM10
Attainment Plan satisfied the BACM
requirement in CAA section 189(b)(1)(B)
and that the 2014 PM10 Maintenance
Plan adequately demonstrates that the
area will maintain the PM10 standard for
10 years beyond redesignation. We also
found that that major stationary sources
of PM10 precursors do not contribute
significantly to elevated PM10 levels in
the area. In connection with the 2014
PM10 Maintenance Plan, we found that
it includes sufficient contingency
provisions to promptly correct any
violation of the PM10 standard which
occurs after redesignation and thereby
meets the requirements for maintenance
plans under CAA section 175A. We also
proposed to approve the motor vehicle
emissions budgets (MVEBs) in the 2014
PM10 Maintenance Plan because we
found they meet the applicable
transportation conformity requirements
under 40 CFR 93.118(e).
In our September 30, 2015 proposed
rule, under CAA section 107(d)(3)(D),
we proposed to grant NDEP’s request to
redesignate the Truckee Meadows PM10
nonattainment area from
‘‘nonattainment’’ to ‘‘attainment’’ for the
PM10 standard. We proposed to do so
based on our conclusion that Truckee
Meadows has attained the PM10
standard; that the relevant portions of
the Nevada SIP are fully approved; that
the improvement in air quality is due to
permanent and enforceable emissions
VerDate Sep<11>2014
14:14 Dec 07, 2015
Jkt 238001
reductions; that the State of Nevada has
met all of the requirements applicable to
the Truckee Meadows PM10
nonattainment area with respect to
section 110 and part D of the CAA; and,
based on our proposed approval as
described above, that the 2014 PM10
Maintenance Plan meets the
requirements for maintenance plans
under section 175A of the CAA; and
that, therefore, the State of Nevada has
met the criteria for redesignation under
CAA section 107(d)(3)(E) for the
Truckee Meadows PM10 nonattainment
area.
We also proposed to delete the area
designation for Truckee Meadows for
the revoked NAAQS for TSP.
Please see our September 30, 2015
proposed rule for a detailed discussion
of the background for these actions, and
the rationale for approval of the 2014
PM10 Maintenance Plan, for granting
NDEP’s request for redesignation of
Truckee Meadows to attainment, and for
deleting the TSP designation for
Truckee Meadows.
II. Public Comments
Our September 30, 2015 proposed
rule provided a 30-day public comment
period, which closed on October 30,
2015. We received no comments on our
proposal during this period.
III. Final Action
Under CAA section 110(k)(3), and for
the reasons set forth in our September
30, 2015 proposed rule, the EPA is
taking final action to approve the BACM
demonstration submitted by the NDEP
on August 5, 2002 as part of the 2002
Truckee Meadows PM10 Attainment
Plan and the 2014 Truckee Meadows
PM10 Maintenance Plan submitted by
the NDEP on November 7, 2014 as
revisions of the Nevada SIP. In so doing,
the EPA finds that the 2011 attainment
inventory in the maintenance plan
meets the requirements of CAA section
172(c)(3) and finds that the maintenance
demonstration showing how Truckee
Meadows will continue to attain the
PM10 standard through 2030, and the
contingency provisions describing the
actions that the Washoe County Health
District’s Air Quality Management
Division (‘‘WCAQMD’’) will take in the
event of a future monitored violation,
meet all applicable requirements for
maintenance plans and related
contingency provisions in CAA section
175A. The EPA is also approving the
following MVEBs in the 2014 PM10
Maintenance Plan because we find they
meet the applicable adequacy criteria
under 40 CFR 93.118(e):
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
2014 PM10 MAINTENANCE PLAN
MOTOR VEHICLE EMISSIONS BUDGETS
[Average winter day, lbs/day]
Budget year
2015
2020
2025
2030
PM10
......................................
......................................
......................................
......................................
5,638
6,088
6,473
6,927
Source: 2014 PM10 Maintenance Plan at
table 6–6, page 28.
In addition, under CAA section
107(d)(3)(D), we are approving the
State’s request, which accompanied the
submittal of the 2014 PM10 Maintenance
Plan, to redesignate the Truckee
Meadows PM10 nonattainment area to
attainment for the PM10 standard. We
are doing so based on our conclusion
that the area has met, or will meet as
part of this action, all of the criteria for
redesignation under CAA section
107(d)(3)(E). More specifically, we find
that Truckee Meadows has attained the
PM10 standard based on the most recent
three-year period (2012–2014) of
quality-assured, certified, and complete
(or otherwise validated) PM10 data; that
relevant portions of the Nevada SIP are
fully approved; that the improvement in
air quality is due to permanent and
enforceable reductions in emissions;
that Nevada has met all requirements
applicable to the Truckee Meadows
PM10 nonattainment area with respect to
section 110 and part D of the CAA; and
that Truckee Meadows has a fully
approved maintenance plan meeting the
requirements of CAA section 175A.
In connection with the above
approvals and determinations, and as
authorized under CAA section 189(e),
we are determining that major stationary
sources of PM10 precursors do not
contribute significantly to PM10
exceedances in the Truckee Meadows
nonattainment area.
Lastly, the EPA is taking final action
to delete the area designation for
Truckee Meadows for the revoked
national standard for TSP because the
designation is no longer necessary.
IV. Statutory and Executive Order
Reviews
Under the CAA, redesignation of an
area to attainment and the
accompanying approval of a
maintenance plan under section
107(d)(3)(E) are actions that affect the
status of a geographical area and do not
impose any additional regulatory
requirements on sources beyond those
imposed by State law. Redesignation to
attainment does not in and of itself
create any new requirements, but rather
results in the applicability of
E:\FR\FM\08DER1.SGM
08DER1
Lhorne on DSK9F6TC42PROD with RULES
76234
Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations
requirements contained in the CAA for
areas that have been redesignated to
attainment. Moreover, the Administrator
is required to approve a SIP submission
that complies with the provisions of the
Act and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the
EPA’s role is to approve State choices,
provided that they meet the criteria of
the Clean Air Act. Accordingly, these
actions merely approve a State plan and
redesignation request as meeting
Federal requirements and do not impose
additional requirements beyond those
by State law. For these reasons, these
actions:
• Are not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993) and Executive Order
13563 (76 FR 3821, January 21, 2011);
• Do not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Are certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Do not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Do not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Are not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Are not a significant regulatory
action subject to Executive Order 13211
(66 FR 28355, May 22, 2001);
• Are not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Do not provide the EPA with the
discretionary authority to address
disproportionate human health or
environmental effects with practical,
appropriate, and legally permissible
methods under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, the State plan that the
EPA is approving does not apply on any
VerDate Sep<11>2014
14:14 Dec 07, 2015
Jkt 238001
Indian reservation land or in any other
area where the EPA or an Indian tribe
has demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule, as it relates to the
maintenance plan, does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). However,
prior to its September 30, 2015
proposal, the EPA offered to consult
with representatives of the Reno-Sparks
Indian Colony, which consists of
members of three Great Basin Tribes—
the Paiute, the Shoshone, and the
Washo—and which has Indian country
within the Truckee Meadows air quality
planning area because the Indian
country within the Truckee Meadows
area is being redesignated to attainment
along with State lands. The Reno-Sparks
Indian Colony did not respond to the
EPA’s offer to consult.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this action
and other required information to the
U.S. Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This action is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by February 8, 2016. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Particulate matter,
Reporting and recordkeeping
requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: November 16, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. Section 52.1470 is amended by
adding in paragraph (e), under the table
heading ‘‘Air Quality Implementation
Plan for the State of Nevada’’ an entry
for ‘‘Revisions to the Nevada Particulate
Matter (PM10) State Implementation
Plan for the Truckee Meadows Air Basin
(August 2002), Section V; Section VI,
Table 4; and Appendix B, Tables 1–2
and 1–3 only’’ and an entry for
‘‘Redesignation Request and
Maintenance Plan for the Truckee
Meadows 24-Hour PM10 Nonattainment
Area (August 28, 2014)’’ after the entry
for ‘‘State Implementation Plan for a
Basic Program for the Inspection and
Maintenance of Motor Vehicles for the
Truckee Meadows Planning Area,
Nevada (June 1994), including the cover
page through page 9, appendix 1,
appendix 2 (only the certification of
compliance and Nevada attorney
general’s opinion), and appendices 3, 6,
8, and 10.’’
The added text reads as follows:
■
§ 52.1470
*
Identification of plan.
*
*
(e) * * *
E:\FR\FM\08DER1.SGM
08DER1
*
*
76235
Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations
EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
nonattainment
area
Name of SIP provision
State submittal
date
EPA Approval date
Explanation
Air Quality Implementation Plan for the State of Nevada 1
*
Revisions to the Nevada
Particulate Matter
(PM10) State Implementation Plan for the
Truckee Meadows Air
Basin (August 2002),
Section V; Section VI,
Table 4; and Appendix
B, Tables 1–2 and 1–3
only.
Redesignation Request
and Maintenance Plan
for the Truckee Meadows 24-Hour PM10
Nonattainment Area
(August 28, 2014).
*
Truckee Meadows,
Washoe County.
*
8/5/02
Truckee Meadows,
Washoe County.
*
11/7/14
*
*
*
*
[INSERT Federal Register CITATION],
12/8/15.
*
*
Approval of the portion of the 2002 PM10 Attainment Plan that demonstrates implementation
of best available control measures in compliance with section 189(b)(1)(B) of the Clean
Air Act.
[INSERT Federal Register CITATION], 12/
8/15.
*
*
*
*
*
*
*
*
*
*
*
organization of this table generally follows from the organization of the State of Nevada’s original 1972 SIP, which was divided into 12
sections. Nonattainment and maintenance plans, among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small
Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or
quasi-regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).
1 The
§ 52.1476
Authority: 42 U.S.C. 7401 et seq.
[Amended]
3. Section 52.1476 is amended by
removing and reserving paragraph (a).
■
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
4. The authority citation for part 81
continues to read as follows:
■
b. Revising in the table under
‘‘Nevada—PM–10,’’ the entry for
‘‘Washoe County’’ to read as follows:
■
Subpart C—Section 107 Attainment
Status Designations
§ 81.329
5. Section 81.329 is amended by:
■ a. Removing the table titled
‘‘Nevada—TSP’’; and
■
*
Nevada.
*
*
*
*
NEVADA—PM–10
Designation
Classification
Designated area
Date
Washoe County:
Reno planning area ..............................................
Hydrographic area 87
*
*
*
*
*
*
1/7/16
*
*
Type
Date
Type
Attainment.
*
*
*
*
Final rule.
DEPARTMENT OF THE INTERIOR
ACTION:
Fish and Wildlife Service
SUMMARY:
[FR Doc. 2015–30487 Filed 12–7–15; 8:45 am]
BILLING CODE 6560–50–P
50 CFR Part 17
[Docket No. FWS–R8–ES–2013–0133;
4500030113]
Lhorne on DSK9F6TC42PROD with RULES
RIN 1018–AY78
Endangered and Threatened Wildlife
and Plants; Removal of the Modoc
Sucker From the Federal List of
Endangered and Threatened Wildlife
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Sep<11>2014
14:14 Dec 07, 2015
Jkt 238001
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
We, the U.S. Fish and
Wildlife Service (Service), are removing
the Modoc sucker (Catostomus microps)
from the Federal List of Endangered and
Threatened Wildlife. This determination
is based on a thorough review of the
best available scientific and commercial
information, which indicates that the
threats to this species have been
eliminated or reduced to the point that
the species no longer meets the
definition of an endangered species or a
threatened species under the
Endangered Species Act of 1973, as
E:\FR\FM\08DER1.SGM
08DER1
]]>Agencies
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)]
[Rules and Regulations]
[Pages 76232-76235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30487]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2015-0633; FRL-9939-48-Region 9]
PM10 Plans and Redesignation Request; Truckee Meadows, Nevada;
Deletion of TSP Area Designation
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve two revisions to the Nevada state implementation
plan. The first revision provides a demonstration of implementation of
best available control measures (BACM) for control of particulate
matter with an aerodynamic diameter less than or equal to a nominal ten
micrometers (PM10) within Truckee Meadows. The second
revision is a plan that provides for the maintenance of the national
ambient air quality standard (NAAQS or ``standard'') for
PM10 in Truckee Meadows through 2030, includes an emissions
inventory consistent with attainment, and establishes motor vehicle
emissions budgets. In connection with these approvals, the EPA is
taking final action to determine that major stationary sources of
PM10 precursors do not contribute significantly to elevated
PM10 levels in the area. Also, based in part on the
approvals of the BACM demonstration and maintenance plan and
determination regarding PM10 precursors, the EPA is taking
final action to approve the State of Nevada's request for redesignation
of the Truckee Meadows nonattainment area to attainment for the
PM10 standard. Lastly, the EPA is taking final action to
delete the area designation for Truckee Meadows for the revoked
standard for total suspended particulate (TSP). The EPA is taking these
actions because the SIP revisions meet the applicable statutory and
regulatory requirements for such plans and related motor vehicle
emissions budgets and because the area meets the Clean Air Act
requirements for redesignation of nonattainment areas to attainment.
DATES: This rule is effective on January 7, 2016.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R09-OAR-2015-0633. Generally, documents in the
docket for this action are available electronically at
www.regulations.gov and in hard copy at the EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While all documents in the docket
are listed at www.regulations.gov, some information may be publicly
available only at the hard copy location (e.g., copyrighted material,
large maps), and some may not be publicly available in either location
(e.g., confidential business information or ``CBI''). To inspect the
hard copy materials, please schedule an appointment during normal
business hours with the contact listed in the FOR FURTHER INFORMATION
CONTACT section.
FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972-
3963, ungvarsky.john@epa.gov.
[[Page 76233]]
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' refer to the EPA. This supplementary information section is
arranged as follows:
Table of Contents
I. Proposed Actions
II. Public Comments
III. Final Action
IV. Statutory and Executive Order Reviews
I. Proposed Actions
On September 30, 2015 (80 FR 58640), under Clean Air Act (CAA or
``Act'') section 110(k)(3), the EPA proposed to approve the BACM-
related portion of the submittal from the Nevada Division of
Environmental Protection (NDEP) dated August 5, 2002 of Revisions to
the Nevada Particulate Matter (PM10) State Implementation Plan for the
Truckee Meadows Air Basin (August 2002) (``2002 PM10
Attainment Plan''), and the submittal from NDEP dated November 7, 2014
of the Redesignation Request and Maintenance Plan for the Truckee
Meadows 24-Hour PM10 Nonattainment Area (August 28, 2014) (``2014
PM10 Maintenance Plan'') as revisions to the Nevada state
implementation plan (SIP). In so doing, we found that the BACM
demonstration in the 2002 PM10 Attainment Plan satisfied the
BACM requirement in CAA section 189(b)(1)(B) and that the 2014
PM10 Maintenance Plan adequately demonstrates that the area
will maintain the PM10 standard for 10 years beyond
redesignation. We also found that that major stationary sources of
PM10 precursors do not contribute significantly to elevated
PM10 levels in the area. In connection with the 2014
PM10 Maintenance Plan, we found that it includes sufficient
contingency provisions to promptly correct any violation of the
PM10 standard which occurs after redesignation and thereby
meets the requirements for maintenance plans under CAA section 175A. We
also proposed to approve the motor vehicle emissions budgets (MVEBs) in
the 2014 PM10 Maintenance Plan because we found they meet
the applicable transportation conformity requirements under 40 CFR
93.118(e).
In our September 30, 2015 proposed rule, under CAA section
107(d)(3)(D), we proposed to grant NDEP's request to redesignate the
Truckee Meadows PM10 nonattainment area from
``nonattainment'' to ``attainment'' for the PM10 standard.
We proposed to do so based on our conclusion that Truckee Meadows has
attained the PM10 standard; that the relevant portions of
the Nevada SIP are fully approved; that the improvement in air quality
is due to permanent and enforceable emissions reductions; that the
State of Nevada has met all of the requirements applicable to the
Truckee Meadows PM10 nonattainment area with respect to
section 110 and part D of the CAA; and, based on our proposed approval
as described above, that the 2014 PM10 Maintenance Plan
meets the requirements for maintenance plans under section 175A of the
CAA; and that, therefore, the State of Nevada has met the criteria for
redesignation under CAA section 107(d)(3)(E) for the Truckee Meadows
PM10 nonattainment area.
We also proposed to delete the area designation for Truckee Meadows
for the revoked NAAQS for TSP.
Please see our September 30, 2015 proposed rule for a detailed
discussion of the background for these actions, and the rationale for
approval of the 2014 PM10 Maintenance Plan, for granting
NDEP's request for redesignation of Truckee Meadows to attainment, and
for deleting the TSP designation for Truckee Meadows.
II. Public Comments
Our September 30, 2015 proposed rule provided a 30-day public
comment period, which closed on October 30, 2015. We received no
comments on our proposal during this period.
III. Final Action
Under CAA section 110(k)(3), and for the reasons set forth in our
September 30, 2015 proposed rule, the EPA is taking final action to
approve the BACM demonstration submitted by the NDEP on August 5, 2002
as part of the 2002 Truckee Meadows PM10 Attainment Plan and
the 2014 Truckee Meadows PM10 Maintenance Plan submitted by
the NDEP on November 7, 2014 as revisions of the Nevada SIP. In so
doing, the EPA finds that the 2011 attainment inventory in the
maintenance plan meets the requirements of CAA section 172(c)(3) and
finds that the maintenance demonstration showing how Truckee Meadows
will continue to attain the PM10 standard through 2030, and
the contingency provisions describing the actions that the Washoe
County Health District's Air Quality Management Division (``WCAQMD'')
will take in the event of a future monitored violation, meet all
applicable requirements for maintenance plans and related contingency
provisions in CAA section 175A. The EPA is also approving the following
MVEBs in the 2014 PM10 Maintenance Plan because we find they
meet the applicable adequacy criteria under 40 CFR 93.118(e):
2014 PM[ihel1][ihel0] Maintenance Plan Motor Vehicle Emissions Budgets
[Average winter day, lbs/day]
------------------------------------------------------------------------
Budget year PM[ihel1][ihel0]
------------------------------------------------------------------------
2015.................................................. 5,638
2020.................................................. 6,088
2025.................................................. 6,473
2030.................................................. 6,927
------------------------------------------------------------------------
Source: 2014 PM10 Maintenance Plan at table 6-6, page 28.
In addition, under CAA section 107(d)(3)(D), we are approving the
State's request, which accompanied the submittal of the 2014
PM10 Maintenance Plan, to redesignate the Truckee Meadows
PM10 nonattainment area to attainment for the
PM10 standard. We are doing so based on our conclusion that
the area has met, or will meet as part of this action, all of the
criteria for redesignation under CAA section 107(d)(3)(E). More
specifically, we find that Truckee Meadows has attained the
PM10 standard based on the most recent three-year period
(2012-2014) of quality-assured, certified, and complete (or otherwise
validated) PM10 data; that relevant portions of the Nevada
SIP are fully approved; that the improvement in air quality is due to
permanent and enforceable reductions in emissions; that Nevada has met
all requirements applicable to the Truckee Meadows PM10
nonattainment area with respect to section 110 and part D of the CAA;
and that Truckee Meadows has a fully approved maintenance plan meeting
the requirements of CAA section 175A.
In connection with the above approvals and determinations, and as
authorized under CAA section 189(e), we are determining that major
stationary sources of PM10 precursors do not contribute
significantly to PM10 exceedances in the Truckee Meadows
nonattainment area.
Lastly, the EPA is taking final action to delete the area
designation for Truckee Meadows for the revoked national standard for
TSP because the designation is no longer necessary.
IV. Statutory and Executive Order Reviews
Under the CAA, redesignation of an area to attainment and the
accompanying approval of a maintenance plan under section 107(d)(3)(E)
are actions that affect the status of a geographical area and do not
impose any additional regulatory requirements on sources beyond those
imposed by State law. Redesignation to attainment does not in and of
itself create any new requirements, but rather results in the
applicability of
[[Page 76234]]
requirements contained in the CAA for areas that have been redesignated
to attainment. Moreover, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve State choices,
provided that they meet the criteria of the Clean Air Act. Accordingly,
these actions merely approve a State plan and redesignation request as
meeting Federal requirements and do not impose additional requirements
beyond those by State law. For these reasons, these actions:
Are not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR
3821, January 21, 2011);
Do not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Are certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Do not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Do not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Are not an economically significant regulatory action
based on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Are not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Are not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Do not provide the EPA with the discretionary authority to
address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
In addition, the State plan that the EPA is approving does not
apply on any Indian reservation land or in any other area where the EPA
or an Indian tribe has demonstrated that a tribe has jurisdiction. In
those areas of Indian country, the rule, as it relates to the
maintenance plan, does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
However, prior to its September 30, 2015 proposal, the EPA offered to
consult with representatives of the Reno-Sparks Indian Colony, which
consists of members of three Great Basin Tribes--the Paiute, the
Shoshone, and the Washo--and which has Indian country within the
Truckee Meadows air quality planning area because the Indian country
within the Truckee Meadows area is being redesignated to attainment
along with State lands. The Reno-Sparks Indian Colony did not respond
to the EPA's offer to consult.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 8, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping requirements, Sulfur dioxide.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: November 16, 2015.
Jared Blumenfeld,
Regional Administrator, Region IX.
Chapter I, title 40 of the Code of Federal Regulations is amended
as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. Section 52.1470 is amended by adding in paragraph (e), under the
table heading ``Air Quality Implementation Plan for the State of
Nevada'' an entry for ``Revisions to the Nevada Particulate Matter
(PM10) State Implementation Plan for the Truckee Meadows Air
Basin (August 2002), Section V; Section VI, Table 4; and Appendix B,
Tables 1-2 and 1-3 only'' and an entry for ``Redesignation Request and
Maintenance Plan for the Truckee Meadows 24-Hour PM10
Nonattainment Area (August 28, 2014)'' after the entry for ``State
Implementation Plan for a Basic Program for the Inspection and
Maintenance of Motor Vehicles for the Truckee Meadows Planning Area,
Nevada (June 1994), including the cover page through page 9, appendix
1, appendix 2 (only the certification of compliance and Nevada attorney
general's opinion), and appendices 3, 6, 8, and 10.''
The added text reads as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(e) * * *
[[Page 76235]]
EPA-Approved Nevada Nonregulatory Provisions and Quasi-Regulatory Measures
----------------------------------------------------------------------------------------------------------------
Applicable
geographic or State
Name of SIP provision nonattainment submittal date EPA Approval date Explanation
area
----------------------------------------------------------------------------------------------------------------
Air Quality Implementation Plan for the State of Nevada \1\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Revisions to the Nevada Truckee Meadows, 8/5/02 [INSERT Federal Approval of the portion
Particulate Matter (PM10) Washoe County. Register of the 2002 PM10
State Implementation Plan for CITATION], 12/8/ Attainment Plan that
the Truckee Meadows Air Basin 15. demonstrates
(August 2002), Section V; implementation of best
Section VI, Table 4; and available control
Appendix B, Tables 1-2 and 1-3 measures in compliance
only. with section
189(b)(1)(B) of the
Clean Air Act.
Redesignation Request and Truckee Meadows, 11/7/14 [INSERT Federal .......................
Maintenance Plan for the Washoe County. Register
Truckee Meadows 24-Hour PM10 CITATION], 12/8/
Nonattainment Area (August 28, 15.
2014).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\1\ The organization of this table generally follows from the organization of the State of Nevada's original
1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, among other types of plans,
are listed under Section 5 (Control Strategy). Lead SIPs and Small Business Stationary Source Technical and
Environmental Compliance Assistance SIPs are listed after Section 12 followed by nonregulatory or quasi-
regulatory statutory provisions approved into the SIP. Regulatory statutory provisions are listed in 40 CFR
52.1470(c).
Sec. 52.1476 [Amended]
0
3. Section 52.1476 is amended by removing and reserving paragraph (a).
PART 81--DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES
0
4. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--Section 107 Attainment Status Designations
0
5. Section 81.329 is amended by:
0
a. Removing the table titled ``Nevada--TSP''; and
0
b. Revising in the table under ``Nevada--PM-10,'' the entry for
``Washoe County'' to read as follows:
Sec. 81.329 Nevada.
* * * * *
Nevada--PM-10
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------
Date Type Date Type
----------------------------------------------------------------------------------------------------------------
Washoe County:
Reno planning area.............. 1/7/16 Attainment.............
Hydrographic area 87 ...............
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-30487 Filed 12-7-15; 8:45 am]
BILLING CODE 6560-50-P
