80 FR 76232 - PM10
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 235 (December 8, 2015)
Federal Register Volume 80, Issue 235 (December 8, 2015)
| Page Range | 76232-76235 | |
| FR Document | 2015-30487 |
[Federal Register Volume 80, Number 235 (Tuesday, December 8, 2015)] [Rules and Regulations] [Pages 76232-76235] From the Federal Register Online [www.thefederalregister.org] [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, [email protected]. [[Page 76233]] SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or ``our'' refer to the EPA. This supplementary information section is arranged as follows: Table of Contents I. Proposed Actions II. Public Comments III. Final Action IV. Statutory and Executive Order Reviews I. Proposed Actions On September 30, 2015 (80 FR 58640), under Clean Air Act (CAA or ``Act'') section 110(k)(3), the EPA proposed to approve the BACM- related portion of the submittal from the Nevada Division of Environmental Protection (NDEP) dated August 5, 2002 of Revisions to the Nevada Particulate Matter (PM10) State Implementation Plan for the Truckee Meadows Air Basin (August 2002) (``2002 PM10 Attainment Plan''), and the submittal from NDEP dated November 7, 2014 of the Redesignation Request and Maintenance Plan for the Truckee Meadows 24-Hour PM10 Nonattainment Area (August 28, 2014) (``2014 PM10 Maintenance Plan'') as revisions to the Nevada state implementation plan (SIP). In so doing, we found that the BACM demonstration in the 2002 PM10 Attainment Plan satisfied the BACM requirement in CAA section 189(b)(1)(B) and that the 2014 PM10 Maintenance Plan adequately demonstrates that the area will maintain the PM10 standard for 10 years beyond redesignation. We also found that that major stationary sources of PM10 precursors do not contribute significantly to elevated PM10 levels in the area. In connection with the 2014 PM10 Maintenance Plan, we found that it includes sufficient contingency provisions to promptly correct any violation of the PM10 standard which occurs after redesignation and thereby meets the requirements for maintenance plans under CAA section 175A. We also proposed to approve the motor vehicle emissions budgets (MVEBs) in the 2014 PM10 Maintenance Plan because we found they meet the applicable transportation conformity requirements under 40 CFR 93.118(e). In our September 30, 2015 proposed rule, under CAA section 107(d)(3)(D), we proposed to grant NDEP's request to redesignate the Truckee Meadows PM10 nonattainment area from ``nonattainment'' to ``attainment'' for the PM10 standard. We proposed to do so based on our conclusion that Truckee Meadows has attained the PM10 standard; that the relevant portions of the Nevada SIP are fully approved; that the improvement in air quality is due to permanent and enforceable emissions reductions; that the State of Nevada has met all of the requirements applicable to the Truckee Meadows PM10 nonattainment area with respect to section 110 and part D of the CAA; and, based on our proposed approval as described above, that the 2014 PM10 Maintenance Plan meets the requirements for maintenance plans under section 175A of the CAA; and that, therefore, the State of Nevada has met the criteria for redesignation under CAA section 107(d)(3)(E) for the Truckee Meadows PM10 nonattainment area. We also proposed to delete the area designation for Truckee Meadows for the revoked NAAQS for TSP. Please see our September 30, 2015 proposed rule for a detailed discussion of the background for these actions, and the rationale for approval of the 2014 PM10 Maintenance Plan, for granting NDEP's request for redesignation of Truckee Meadows to attainment, and for deleting the TSP designation for Truckee Meadows. II. Public Comments Our September 30, 2015 proposed rule provided a 30-day public comment period, which closed on October 30, 2015. We received no comments on our proposal during this period. III. Final Action Under CAA section 110(k)(3), and for the reasons set forth in our September 30, 2015 proposed rule, the EPA is taking final action to approve the BACM demonstration submitted by the NDEP on August 5, 2002 as part of the 2002 Truckee Meadows PM10 Attainment Plan and the 2014 Truckee Meadows PM10 Maintenance Plan submitted by the NDEP on November 7, 2014 as revisions of the Nevada SIP. In so doing, the EPA finds that the 2011 attainment inventory in the maintenance plan meets the requirements of CAA section 172(c)(3) and finds that the maintenance demonstration showing how Truckee Meadows will continue to attain the PM10 standard through 2030, and the contingency provisions describing the actions that the Washoe County Health District's Air Quality Management Division (``WCAQMD'') will take in the event of a future monitored violation, meet all applicable requirements for maintenance plans and related contingency provisions in CAA section 175A. The EPA is also approving the following MVEBs in the 2014 PM10 Maintenance Plan because we find they meet the applicable adequacy criteria under 40 CFR 93.118(e): 2014 PM[ihel1][ihel0] Maintenance Plan Motor Vehicle Emissions Budgets [Average winter day, lbs/day] ------------------------------------------------------------------------ Budget year PM[ihel1][ihel0] ------------------------------------------------------------------------ 2015.................................................. 5,638 2020.................................................. 6,088 2025.................................................. 6,473 2030.................................................. 6,927 ------------------------------------------------------------------------ Source: 2014 PM10 Maintenance Plan at table 6-6, page 28. In addition, under CAA section 107(d)(3)(D), we are approving the State's request, which accompanied the submittal of the 2014 PM10 Maintenance Plan, to redesignate the Truckee Meadows PM10 nonattainment area to attainment for the PM10 standard. We are doing so based on our conclusion that the area has met, or will meet as part of this action, all of the criteria for redesignation under CAA section 107(d)(3)(E). More specifically, we find that Truckee Meadows has attained the PM10 standard based on the most recent three-year period (2012-2014) of quality-assured, certified, and complete (or otherwise validated) PM10 data; that relevant portions of the Nevada SIP are fully approved; that the improvement in air quality is due to permanent and enforceable reductions in emissions; that Nevada has met all requirements applicable to the Truckee Meadows PM10 nonattainment area with respect to section 110 and part D of the CAA; and that Truckee Meadows has a fully approved maintenance plan meeting the requirements of CAA section 175A. In connection with the above approvals and determinations, and as authorized under CAA section 189(e), we are determining that major stationary sources of PM10 precursors do not contribute significantly to PM10 exceedances in the Truckee Meadows nonattainment area. Lastly, the EPA is taking final action to delete the area designation for Truckee Meadows for the revoked national standard for TSP because the designation is no longer necessary. IV. Statutory and Executive Order Reviews Under the CAA, redesignation of an area to attainment and the accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by State law. Redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of [[Page 76234]] requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA's role is to approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, these actions merely approve a State plan and redesignation request as meeting Federal requirements and do not impose additional requirements beyond those by State law. For these reasons, these actions:Are not a ``significant regulatory action'' subject to review by the Office of Management and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 (76 FR 3821, January 21, 2011); Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); Are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4); Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); Are not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); Are not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); Are not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and Do not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the State plan that the EPA is approving does not apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule, as it relates to the maintenance plan, does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). However, prior to its September 30, 2015 proposal, the EPA offered to consult with representatives of the Reno-Sparks Indian Colony, which consists of members of three Great Basin Tribes--the Paiute, the Shoshone, and the Washo--and which has Indian country within the Truckee Meadows air quality planning area because the Indian country within the Truckee Meadows area is being redesignated to attainment along with State lands. The Reno-Sparks Indian Colony did not respond to the EPA's offer to consult. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ``major rule'' as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 8, 2016. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2)). List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping requirements, Sulfur dioxide. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: November 16, 2015. Jared Blumenfeld, Regional Administrator, Region IX. Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 0 1. The authority citation for Part 52 continues to read as follows: Authority: 42 U.S.C. 7401 et seq. Subpart DD--Nevada 0 2. Section 52.1470 is amended by adding in paragraph (e), under the table heading ``Air Quality Implementation Plan for the State of Nevada'' an entry for ``Revisions to the Nevada Particulate Matter (PM 10 ) 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
![76232 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations
• is not a significant regulatory action EPA can withdraw this direct final rule revision provides a demonstration of
subject to Executive Order 13211 (66 FR and address the comment in the implementation of best available control
28355, May 22, 2001); proposed rulemaking. This action may measures (BACM) for control of
• is not subject to requirements of not be challenged later in proceedings to particulate matter with an aerodynamic
Section 12(d) of the National enforce its requirements (see section diameter less than or equal to a nominal
Technology Transfer and Advancement 307(b)(2)). ten micrometers (PM10) within Truckee
Act of 1995 (15 U.S.C. 272 note) because Meadows. The second revision is a plan
application of those requirements would List of Subjects in 40 CFR Part 52
that provides for the maintenance of the
be inconsistent with the Clean Air Act; Environmental protection, Air national ambient air quality standard
and pollution control, Incorporation by (NAAQS or ‘‘standard’’) for PM10 in
• does not provide EPA with the reference, Intergovernmental relations, Truckee Meadows through 2030,
discretionary authority to address, as Ozone, Reporting and recordkeeping includes an emissions inventory
appropriate, disproportionate human requirements, Volatile organic consistent with attainment, and
health or environmental effects, using compounds. establishes motor vehicle emissions
practicable and legally permissible Dated: October 26, 2015. budgets. In connection with these
methods, under Executive Order 12898 approvals, the EPA is taking final action
Jared Blumenfeld,
(59 FR 7629, February 16, 1994). to determine that major stationary
In addition, the SIP is not approved Regional Administrator, Region IX.
sources of PM10 precursors do not
to apply on any Indian reservation land Part 52, Chapter I, Title 40 of the Code contribute significantly to elevated PM10
or in any other area where EPA or an of Federal Regulations is amended as levels in the area. Also, based in part on
Indian tribe has demonstrated that a follows: the approvals of the BACM
tribe has jurisdiction. In those areas of demonstration and maintenance plan
Indian country, the rule does not have PART 52—APPROVAL AND
and determination regarding PM10
tribal implications and will not impose PROMULGATION OF
precursors, the EPA is taking final
substantial direct costs on tribal IMPLEMENTATION PLAN
action to approve the State of Nevada’s
governments or preempt tribal law as
■ 1. The authority citation for part 52 request for redesignation of the Truckee
specified by Executive Order 13175 (65
continues to read as follows: Meadows nonattainment area to
FR 67249, November 9, 2000).
The Congressional Review Act, 5 attainment for the PM10 standard.
Authority: 42 U.S.C. 7401 et seq.
U.S.C. 801 et seq., as added by the Small Lastly, the EPA is taking final action to
Business Regulatory Enforcement Subpart F—California delete the area designation for Truckee
Fairness Act of 1996, generally provides Meadows for the revoked standard for
that before a rule may take effect, the ■ 2. Section 52.220 is amended by total suspended particulate (TSP). The
agency promulgating the rule must adding paragraph (c)(465) to read as EPA is taking these actions because the
submit a rule report, which includes a follows: SIP revisions meet the applicable
copy of the rule, to each House of the statutory and regulatory requirements
§ 52.220 Identification of plan. for such plans and related motor vehicle
Congress and to the Comptroller General
of the United States. EPA will submit a * * * * * emissions budgets and because the area
(c) * * * meets the Clean Air Act requirements
report containing this action and other
(465) New regulation for the following for redesignation of nonattainment areas
required information to the U.S. Senate,
APCD was submitted on July 15, 2015 to attainment.
the U.S. House of Representatives, and
by the Governor’s designee.
the Comptroller General of the United DATES: This rule is effective on January
(i) Incorporation by reference.
States prior to publication of the rule in 7, 2016.
(A) Placer County Air Pollution
the Federal Register. A major rule
Control District. ADDRESSES: The EPA has established a
cannot take effect until 60 days after it (1) ‘‘Ozone Emergency Episode Plan,’’ docket for this action under Docket ID
is published in the Federal Register. adopted on June 11, 2015. Number EPA–R09–OAR–2015–0633.
This action is not a ‘‘major rule’’ as
[FR Doc. 2015–30831 Filed 12–7–15; 8:45 am] Generally, documents in the docket for
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean BILLING CODE 6560–50–P this action are available electronically at
Air Act, petitions for judicial review of www.regulations.gov and in hard copy
this action must be filed in the United at the EPA Region IX, 75 Hawthorne
States Court of Appeals for the ENVIRONMENTAL PROTECTION Street, San Francisco, California. While
appropriate circuit by February 8, 2016. AGENCY all documents in the docket are listed at
Filing a petition for reconsideration by www.regulations.gov, some information
40 CFR Parts 52 and 81 may be publicly available only at the
the Administrator of this final rule does
not affect the finality of this action for [EPA–R09–OAR–2015–0633; FRL–9939–48– hard copy location (e.g., copyrighted
the purposes of judicial review nor does Region 9] material, large maps), and some may not
it extend the time within which a be publicly available in either location
petition for judicial review may be filed, PM10 Plans and Redesignation (e.g., confidential business information
and shall not postpone the effectiveness Request; Truckee Meadows, Nevada; or ‘‘CBI’’). To inspect the hard copy
of such rule or action. Parties with Deletion of TSP Area Designation materials, please schedule an
objections to this direct final rule are appointment during normal business
AGENCY: Environmental Protection hours with the contact listed in the FOR
encouraged to file a comment in Agency (EPA).
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FURTHER INFORMATION CONTACT section.
response to the parallel notice of ACTION: Final rule.
proposed rulemaking for this action FOR FURTHER INFORMATION CONTACT: John
published in the Proposed Rules section SUMMARY: The Environmental Protection Ungvarsky, Air Planning Office (AIR–2),
of today’s Federal Register, rather than Agency (EPA) is taking final action to U.S. Environmental Protection Agency,
file an immediate petition for judicial approve two revisions to the Nevada Region IX, (415) 972–3963,
review of this direct final rule, so that state implementation plan. The first ungvarsky.john@epa.gov.
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SUPPLEMENTARY INFORMATION: reductions; that the State of Nevada has 2014 PM10 MAINTENANCE PLAN
Throughout this document, ‘‘we,’’ ‘‘us,’’ met all of the requirements applicable to MOTOR VEHICLE EMISSIONS BUDGETS
or ‘‘our’’ refer to the EPA. This the Truckee Meadows PM10 [Average winter day, lbs/day]
supplementary information section is nonattainment area with respect to
arranged as follows: section 110 and part D of the CAA; and, Budget year PM10
based on our proposed approval as
Table of Contents
described above, that the 2014 PM10 2015 ...................................... 5,638
I. Proposed Actions Maintenance Plan meets the 2020 ...................................... 6,088
II. Public Comments requirements for maintenance plans 2025 ...................................... 6,473
III. Final Action under section 175A of the CAA; and 2030 ...................................... 6,927
IV. Statutory and Executive Order Reviews
that, therefore, the State of Nevada has Source: 2014 PM10 Maintenance Plan at
I. Proposed Actions met the criteria for redesignation under table 6–6, page 28.
On September 30, 2015 (80 FR 58640), CAA section 107(d)(3)(E) for the In addition, under CAA section
under Clean Air Act (CAA or ‘‘Act’’) Truckee Meadows PM10 nonattainment 107(d)(3)(D), we are approving the
section 110(k)(3), the EPA proposed to area. State’s request, which accompanied the
approve the BACM-related portion of We also proposed to delete the area submittal of the 2014 PM10 Maintenance
the submittal from the Nevada Division designation for Truckee Meadows for Plan, to redesignate the Truckee
of Environmental Protection (NDEP) the revoked NAAQS for TSP. Meadows PM10 nonattainment area to
dated August 5, 2002 of Revisions to the Please see our September 30, 2015 attainment for the PM10 standard. We
Nevada Particulate Matter (PM10) State proposed rule for a detailed discussion are doing so based on our conclusion
Implementation Plan for the Truckee of the background for these actions, and that the area has met, or will meet as
Meadows Air Basin (August 2002) the rationale for approval of the 2014 part of this action, all of the criteria for
(‘‘2002 PM10 Attainment Plan’’), and the PM10 Maintenance Plan, for granting redesignation under CAA section
submittal from NDEP dated November NDEP’s request for redesignation of 107(d)(3)(E). More specifically, we find
7, 2014 of the Redesignation Request Truckee Meadows to attainment, and for that Truckee Meadows has attained the
and Maintenance Plan for the Truckee deleting the TSP designation for PM10 standard based on the most recent
Meadows 24-Hour PM10 Nonattainment Truckee Meadows. three-year period (2012–2014) of
Area (August 28, 2014) (‘‘2014 PM10 quality-assured, certified, and complete
Maintenance Plan’’) as revisions to the II. Public Comments (or otherwise validated) PM10 data; that
Nevada state implementation plan (SIP). relevant portions of the Nevada SIP are
In so doing, we found that the BACM Our September 30, 2015 proposed fully approved; that the improvement in
demonstration in the 2002 PM10 rule provided a 30-day public comment air quality is due to permanent and
Attainment Plan satisfied the BACM period, which closed on October 30, enforceable reductions in emissions;
requirement in CAA section 189(b)(1)(B) 2015. We received no comments on our that Nevada has met all requirements
and that the 2014 PM10 Maintenance proposal during this period. applicable to the Truckee Meadows
Plan adequately demonstrates that the III. Final Action PM10 nonattainment area with respect to
area will maintain the PM10 standard for section 110 and part D of the CAA; and
10 years beyond redesignation. We also Under CAA section 110(k)(3), and for that Truckee Meadows has a fully
found that that major stationary sources the reasons set forth in our September approved maintenance plan meeting the
of PM10 precursors do not contribute 30, 2015 proposed rule, the EPA is requirements of CAA section 175A.
significantly to elevated PM10 levels in taking final action to approve the BACM In connection with the above
the area. In connection with the 2014 demonstration submitted by the NDEP approvals and determinations, and as
PM10 Maintenance Plan, we found that on August 5, 2002 as part of the 2002 authorized under CAA section 189(e),
it includes sufficient contingency Truckee Meadows PM10 Attainment we are determining that major stationary
provisions to promptly correct any Plan and the 2014 Truckee Meadows sources of PM10 precursors do not
violation of the PM10 standard which PM10 Maintenance Plan submitted by contribute significantly to PM10
occurs after redesignation and thereby the NDEP on November 7, 2014 as exceedances in the Truckee Meadows
meets the requirements for maintenance revisions of the Nevada SIP. In so doing, nonattainment area.
plans under CAA section 175A. We also the EPA finds that the 2011 attainment Lastly, the EPA is taking final action
proposed to approve the motor vehicle inventory in the maintenance plan to delete the area designation for
emissions budgets (MVEBs) in the 2014 meets the requirements of CAA section Truckee Meadows for the revoked
PM10 Maintenance Plan because we 172(c)(3) and finds that the maintenance national standard for TSP because the
found they meet the applicable demonstration showing how Truckee designation is no longer necessary.
transportation conformity requirements Meadows will continue to attain the
PM10 standard through 2030, and the IV. Statutory and Executive Order
under 40 CFR 93.118(e).
In our September 30, 2015 proposed contingency provisions describing the Reviews
rule, under CAA section 107(d)(3)(D), actions that the Washoe County Health Under the CAA, redesignation of an
we proposed to grant NDEP’s request to District’s Air Quality Management area to attainment and the
redesignate the Truckee Meadows PM10 Division (‘‘WCAQMD’’) will take in the accompanying approval of a
nonattainment area from event of a future monitored violation, maintenance plan under section
‘‘nonattainment’’ to ‘‘attainment’’ for the meet all applicable requirements for 107(d)(3)(E) are actions that affect the
PM10 standard. We proposed to do so maintenance plans and related status of a geographical area and do not
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based on our conclusion that Truckee contingency provisions in CAA section impose any additional regulatory
Meadows has attained the PM10 175A. The EPA is also approving the requirements on sources beyond those
standard; that the relevant portions of following MVEBs in the 2014 PM10 imposed by State law. Redesignation to
the Nevada SIP are fully approved; that Maintenance Plan because we find they attainment does not in and of itself
the improvement in air quality is due to meet the applicable adequacy criteria create any new requirements, but rather
permanent and enforceable emissions under 40 CFR 93.118(e): results in the applicability of
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EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or State submittal
Name of SIP provision EPA Approval date Explanation
nonattainment date
area
Air Quality Implementation Plan for the State of Nevada 1
* * * * * * *
Revisions to the Nevada Truckee Meadows, 8/5/02 [INSERT Federal Reg- Approval of the portion of the 2002 PM10 Attain-
Particulate Matter Washoe County. ister CITATION], ment Plan that demonstrates implementation
(PM10) State Imple- 12/8/15. of best available control measures in compli-
mentation Plan for the ance with section 189(b)(1)(B) of the Clean
Truckee Meadows Air Air Act.
Basin (August 2002),
Section V; Section VI,
Table 4; and Appendix
B, Tables 1–2 and 1–3
only.
Redesignation Request Truckee Meadows, 11/7/14 [INSERT Federal Reg-
and Maintenance Plan Washoe County. ister CITATION], 12/
for the Truckee Mead- 8/15.
ows 24-Hour PM10
Nonattainment Area
(August 28, 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).
§ 52.1476 [Amended] Authority: 42 U.S.C. 7401 et seq. ■ b. Revising in the table under
■ 3. Section 52.1476 is amended by ‘‘Nevada—PM–10,’’ the entry for
removing and reserving paragraph (a). Subpart C—Section 107 Attainment ‘‘Washoe County’’ to read as follows:
Status Designations
PART 81—DESIGNATION OF AREAS § 81.329 Nevada.
FOR AIR QUALITY PLANNING ■ 5. Section 81.329 is amended by: * * * * *
PURPOSES ■ a. Removing the table titled
■ 4. The authority citation for part 81 ‘‘Nevada—TSP’’; and
continues to read as follows:
NEVADA—PM–10
Designation Classification
Designated area
Date Type Date Type
Washoe County:
Reno planning area .............................................. 1/7/16 Attainment.
Hydrographic area 87
* * * * * * *
* * * * * DEPARTMENT OF THE INTERIOR ACTION: Final rule.
[FR Doc. 2015–30487 Filed 12–7–15; 8:45 am]
BILLING CODE 6560–50–P Fish and Wildlife Service SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), are removing
50 CFR Part 17 the Modoc sucker (Catostomus microps)
[Docket No. FWS–R8–ES–2013–0133; from the Federal List of Endangered and
4500030113] Threatened Wildlife. This determination
is based on a thorough review of the
RIN 1018–AY78 best available scientific and commercial
information, which indicates that the
Lhorne on DSK9F6TC42PROD with RULES
Endangered and Threatened Wildlife
threats to this species have been
and Plants; Removal of the Modoc
eliminated or reduced to the point that
Sucker From the Federal List of
the species no longer meets the
Endangered and Threatened Wildlife
definition of an endangered species or a
AGENCY: Fish and Wildlife Service, threatened species under the
Interior. Endangered Species Act of 1973, as
VerDate Sep<11>2014 14:14 Dec 07, 2015 Jkt 238001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\08DER1.SGM 08DER1](https://thefederalregister.org/doc/80_FR_76467/page/4.svg)
Document Created: 2015-12-14 13:27:16
Document Modified: 2015-12-14 13:27:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on January 7, 2016. | |
| Contact | John Ungvarsky, Air Planning Office (AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 972- 3963, [email protected] | |
| FR Citation | 80 FR 76232 | |
| CFR Citation | 40
CFR
52 40 CFR 81 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Incorporation by Reference; Intergovernmental Relations; Nitrogen Dioxide; Particulate Matter; Reporting and Recordkeeping Requirements; Sulfur Dioxide; National Parks and Wilderness Areas |
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