[Federal Register Volume 76, Number 75 (Tuesday, April 19, 2011)]
[Rules and Regulations]
[Pages 21807-21808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9295]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2010-0995; FRL-9296-9]


Approval and Promulgation of Implementation Plans; State of 
Nevada; PM-10; Determinations Regarding Attainment for the Truckee 
Meadows Nonattainment Area and Applicability of Certain Clean Air Act 
Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing two determinations regarding attainment for 
the Truckee Meadows PM-10 nonattainment area in Washoe County, Nevada 
(``Truckee Meadows area''). First, EPA is finalizing its determination 
that, based on complete and quality-assured air monitoring data for 
1999-2001, the Truckee Meadows area did not attain the 24-hour National 
Ambient Air Quality Standard (``NAAQS'') for particulate matter with an 
aerodynamic diameter less than or equal to a nominal 10 micrometers 
(``PM-10'') by the applicable attainment date of December 31, 2001. 
Second, EPA is finalizing its determination that the Truckee Meadows 
area is currently attaining the PM-10 NAAQS, based upon complete, 
quality-assured PM-10 air quality monitoring data during the years 
2007-2009. Preliminary data through June 2010 contained in EPA's Air 
Quality System (``AQS'') are also consistent with continued attainment 
of the 24-hour PM-10 NAAQS. Because the Truckee Meadows area is 
currently attaining the PM-10 NAAQS, EPA is also finalizing its 
determination that the obligation to make submissions to meet certain 
Clean Air Act (``CAA'' or ``the Act'') requirements related to 
attainment is not applicable for as long as the area continues to 
attain the PM-10 NAAQS.

DATES: This final rule is effective on May 19, 2011.

ADDRESSES: EPA has established a docket for this action under EPA-R09-
OAR-2010-0995. Generally, documents in the docket for this action are 
available electronically at http://www.regulations.gov or in hard copy 
at EPA Region IX, 75 Hawthorne Street, San Francisco, California. While 
all documents in the docket are listed at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps, multi-volume reports) 
and some may not be available in either location (e.g., confidential 
business information (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: Karina O'Connor, Air Planning Office 
(AIR-2), U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, 
California 94105-3901, telephone (775) 434-8176; fax (415) 947-3579; e-
mail address <a href="/cdn-cgi/l/email-protection#99f6faf6f7f7f6ebb7f2f8ebf0f7f8d9fce9f8b7fef6ef"><span class="__cf_email__" data-cfemail="1d727e727373726f33767c6f74737c5d786d7c337a726b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA. This supplementary information is 
organized as follows:

I. Summary of the Proposed Actions

    On February 28, 2011, EPA proposed to determine, under sections 
179(c)(1) and 188(b)(2) of the Act, that the Truckee Meadows area 
failed to attain the 24-hour PM-10 NAAQS by the applicable attainment 
date of December 31, 2001 (76 FR 10817). In that same action, EPA also 
proposed to determine

[[Page 21808]]

that the Truckee Meadows area is currently attaining the PM-10 NAAQS. 
These two determinations regarding attainment were based upon complete 
and quality-assured data for the 1999-2001 and 2007-2009 periods 
gathered at established state and local air monitoring stations 
(``SLAMS'') in the nonattainment area and entered into the EPA AQS 
database. In addition, EPA found that preliminary data showed no 
exceedances of the 24-hour PM-10 NAAQS in the Truckee Meadows area 
during 2010. Id.
    In conjunction with and based upon our proposed determination that 
the Truckee Meadows area is currently attaining the PM-10 NAAQS, we 
proposed under EPA's Clean Data Policy to determine that the obligation 
to submit certain CAA requirements is not applicable for as long as the 
Truckee Meadows area continues to attain the PM-10 NAAQS. Specifically, 
we proposed that the State's obligation to submit the following CAA 
requirements would be suspended if EPA finalized its rulemaking: The 
part D, subpart 4 obligations to provide an attainment demonstration 
pursuant to section 189(a)(1)(B), the reasonably available control 
measure (``RACM'') provisions of 189(a)(1)(C), the reasonable further 
progress (``RFP'') provisions established by section 189(c), the 
requirement for 189(d) plans, the attainment demonstration, RACM, RFP 
and contingency measure provisions of part D, subpart 1 contained in 
section 172 of the Act, and the requirement for additional plan 
revisions in section 179(d) of the Act.
    For a more detailed discussion of our proposed actions, including 
background topics such as development of the PM-10 NAAQS, the 
designation, classification and air quality planning history for the 
Truckee Meadows area, our Clean Data Policy, and our general 
requirements for making attainment determinations, please refer to our 
proposed rule.

II. EPA's Response to Comments

    Our February 28, 2011 proposed rule provided for a 30-day comment 
period. We did not receive any public comments in response to the 
proposed rule.

III. Final Actions

    Pursuant to CAA sections 188(b)(2) and 179(c)(1) and based on 
complete, quality-assured data for the 1999-2001 period meeting the 
requirements of 40 CFR part 50, appendix K, we have determined that the 
Truckee Meadows nonattainment area failed to attain the 24-hour PM-10 
NAAQS by the applicable attainment date of December 31, 2001. Failure 
by a ``serious'' nonattainment area such as Truckee Meadows to attain 
the PM-10 NAAQS by the applicable attainment date triggers a 
requirement for the State to submit additional plan revisions providing 
for attainment under CAA sections 189(d) and 179(d).
    Separately and independently of the determination above, we have 
also determined, based on the most recent three years of complete, 
quality-assured data meeting the requirements of 40 CFR part 50, 
appendix K, that the Truckee Meadows area is currently attaining the 
24-hour PM-10 NAAQS. Preliminary data for 2010 available in the AQS 
database are also consistent with continued attainment of the 24-hour 
PM-10 NAAQS. In conjunction with and based upon our determination that 
Truckee Meadows is currently attaining the standard, EPA has determined 
that the obligation to submit the following CAA requirements is not 
applicable for so long as the area continues to attain the PM-10 
standard: The part D, subpart 4 obligations to provide an attainment 
demonstration pursuant to section 189(a)(1)(B), the RACM provisions of 
section 189(a)(1)(C), the RFP provisions of section 189(c), the 
requirement for 189(d) plans, the attainment demonstration, RACM, RFP 
and contingency measure provisions of part D, subpart 1 contained in 
section 172 of the Act, and the requirement for additional plan 
revisions in section 179(d) of the Act.
    This final action does not constitute a redesignation to attainment 
under CAA section 107(d)(3) because we have neither approved a 
maintenance plan as required under section 175A of the CAA nor 
determined that the area has met the other CAA requirements for 
redesignation. The classification and designation status in 40 CFR part 
81 remain serious nonattainment for this area until such time as EPA 
determines that Nevada meets the CAA requirements for redesignation of 
the Truckee Meadows area to attainment. Subsequently, if we determine 
after notice and comment rulemaking in the Federal Register that the 
Truckee Meadows area has violated the 24-hour PM-10 standard (prior to 
a redesignation to attainment), these requirements would once again 
become applicable.

IV. Statutory and Executive Order Reviews

    This final action makes two determinations of attainment based on 
air quality, results in the suspension of certain Federal requirements, 
and does not impose additional requirements beyond those imposed by 
state law. For these reasons, this action:
    <bullet> Is 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);
    <bullet> Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
    <bullet> Is 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.);
    <bullet> 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);
    <bullet> Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
    <bullet> Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
    <bullet> Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
    <bullet> 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
    <bullet> Does not provide 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, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the CAA obligations discussed herein do not apply to Indian 
tribes and thus will not impose substantial direct costs on tribal 
governments or preempt tribal law.

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

    Dated: April 9, 2011.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-9295 Filed 4-18-11; 8:45 am]
BILLING CODE 6560-50-P


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