Jared Blumenfeld, Regional Administrator, EPA Region 9 signed the following proposed rule on September 18, 

2015, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the 

accuracy of this Internet version of the proposed rule, it is not the official version for purposes of public comment. 

Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing 

Office's FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2015-0633.

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Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2015-0633; FRL-]

PM10 Plans and Redesignation Request; Truckee Meadows, Nevada; Deletion of TSP Area 

Designation

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection Agency (EPA) is proposing to approve two 

revisions to the Nevada state implementation plan (SIP). 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 for PM10 in Truckee Meadows through 

2030, includes an emissions inventory consistent with attainment, and establishes motor vehicle 

emissions budgets. In connection with these proposed approvals, the EPA is proposing 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 proposed approvals of the BACM 

demonstration and maintenance plan and proposed determination regarding PM10 precursors, the 

EPA is proposing 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 proposing 

to delete the area designation for Truckee Meadows for the revoked national ambient air quality 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on September 

18, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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standard for total suspended particulate (TSP). The EPA is proposing 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: Comments must be received on or before [INSERT DATE 30 DAYS AFTER DATE 

OF PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-R09-OAR-2015-

0633, by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting comments.

2. Email: ungvarsky.john@epa.gov

3. Mail or deliver: John Ungvarsky (AIR-2), U.S. Environmental Protection Agency, Region

IX, 75 Hawthorne Street, San Francisco, CA 94105-3901. Deliveries are only accepted 

during the Regional Office's normal hours of operation.

Instructions: All comments will be included in the public docket without change and may be 

made available online at http://www.regulations.gov, including any personal information 

provided, unless the comment includes Confidential Business Information (CBI) or other 

information whose disclosure is restricted by statute. Information that you consider CBI or 

otherwise protected should be clearly identified as such and should not be submitted through 

http://www.regulations.gov or email. http://www.regulations.gov is an anonymous access 

system, and the EPA will not know your identity or contact information unless you provide it in 

the body of your comment. If you send email directly to EPA, your email address will be 

automatically captured and included as part of the public comment. If the EPA cannot read your 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on September 

18, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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comment due to technical difficulties and cannot contact you for clarification, the EPA may not 

be able to consider your comment.

Docket: The index to the docket and documents in the docket for this action are generally 

available electronically at www.regulations.gov and in hard copy at EPA Region IX, 75 

Hawthorne Street, San Francisco, California. While all documents in the docket are listed 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., 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 (AIR2), U.S. Environmental Protection Agency, Region IX, (415) 972-3963, 

ungvarsky.john@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever “we,” “us,” or 

“our” is used, we mean the EPA. This supplementary information section is arranged as follows:

Table of Contents

I. Background

II. The State’s Submittals

III. Procedural Requirements for Adoption and Submittal of SIP Revisions

IV. Clean Air Act Requirements for Redesignation to Attainment

V. Evaluation of the State’s Redesignation Request for Truckee Meadows

A. The Area has Attained the PM10 NAAQS
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B. The Area Has Met All Applicable Requirements for Purposes of Redesignation Under 

Section 110 and Part D of the CAA and Has a Fully Approved Applicable 

Implementation Plan Under Section 110(k) of the CAA

1. Basic SIP Requirements Under CAA Section 110

2. SIP Requirements Under Part D

a. Emissions Inventory

b. Permits for New and Modified Stationary Sources

c. Best Available Control Measures

d. Control Requirements for PM10 Precursors

e. Transportation Conformity

3. Conclusion with respect to Section 110 and Part D Requirements

C. The Improvement in Air Quality Is Due to Permanent and Enforceable Reductions in 

Emissions

D. The Area Has a Fully-Approved Maintenance Plan, Including a Contingency Plan, Under 

CAA Section 175A

1. Attainment Inventory

2. Maintenance Demonstration

3. Monitoring Network

4. Verification of Continued Attainment

5. Contingency Plan

6. Transportation Conformity and Motor Vehicle Emissions Budgets

7. Conclusion

VI. Proposed Deletion of TSP Designation for Truckee Meadows
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A. General Considerations

B. Deletion of TSP Nonattainment Area Designation for Truckee Meadows

VII. Proposed Actions and Request for Public Comment

VIII. Statutory and Executive Order Reviews

I. Background

On April 30, 1971 (36 FR 8186), pursuant to section 109 of the Clean Air Act (CAA), as

amended in 1970, the EPA promulgated the original national ambient air quality standards 

(NAAQS or “standards”) for the “criteria” pollutants, which included carbon monoxide, 

hydrocarbons, nitrogen dioxide, photochemical oxidant, sulfur dioxide, and particulate matter1. 

The NAAQS are set at concentrations intended to protect public health and welfare. The original 

NAAQS for particulate matter were defined in terms of a reference method that called for

measuring particulate matter up to a nominal size of 25 to 45 micrometers or microns. This 

fraction of total ambient particulate matter is referred to as “total suspended particulate” or TSP. 

Within nine months of promulgation of the original NAAQS, each state was required under 

section 110 of the 1970 amended Act to adopt and submit to the EPA a plan, referred to as a SIP, 

which provides for the implementation, maintenance, and enforcement of each of the NAAQS 

within each State. The State of Nevada submitted its SIP on January 28, 1972, and the EPA took 

action on it later that year. 37 FR 10842 (May 31, 1972).

 1

 Particulate matter is the generic term for a broad class of chemically and physically diverse substances that exist 

as discrete particles (liquid droplets or solids) over a wide range of sizes. Particles originate from a variety of 

anthropogenic stationary and mobile sources as well as from natural sources. Particles may be emitted directly or 

form in the atmosphere by transformations of gaseous emissions such as sulfur oxides (SOx), nitrogen oxides (NOx), 

and volatile organic compounds (VOC). The chemical and physical properties of particulate matter vary greatly with 

time, region, meteorology, and source category. SOx, NOx, and VOC are referred to as PM10 precursors. As 

discussed later in this proposed rule, precursor emissions do not contribute significantly to elevated ambient PM10

concentrations in Truckee Meadows. 
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Generally, SIPs were to provide for attainment of the NAAQS within three years after 

EPA approval of the plan. However, many areas of the country did not attain the NAAQS within 

the statutory period. In response, Congress amended the Act in 1977 to establish a new approach, 

based on area designations, for attaining the NAAQS. Under section 107(d) of the 1977 amended 

Act, states were to make recommendations for all areas within their borders as attainment,

nonattainment, or unclassifiable for each of the NAAQS, including TSP, and the EPA was to 

designate areas based on those recommendations, as modified if appropriate. For the State of 

Nevada, the state recommended, and the EPA approved, the use of hydrographic areas as the

geographic basis for designating air quality planning areas. 67 FR 12474 (March 19, 2002). For 

the TSP NAAQS, the EPA designated a number of areas in Nevada as “nonattainment,”

including Truckee Meadows2 (hydrographic area (HA) #87). 43 FR 8962, at 9012 (March 3, 

1978). The area designations for air quality planning purposes within the State of Nevada are 

codified at 40 CFR 81.329.

As amended in 1977, the CAA required states to revise their SIPs by January 1979 for all 

designated nonattainment areas. The various local entities and the State of Nevada responded by 

developing and submitting attainment plans for the TSP nonattainment areas, including Truckee 

Meadows,

3 and in 1981, the EPA approved these plans on condition that the State submit, within 

 2

 Truckee Meadows, also referred to as the “Reno planning area,” lies in the far southern part of Washoe County. 

Washoe County is located in the northwestern portion of Nevada and is bordered by the State of California to the 

west and the State of Oregon to the north. Within the State of Nevada, the counties of Humboldt, Pershing, Storey, 

Churchill, Lyon, and the city of Carson City bound Washoe County to the east and south. Located at an average 

elevation of 4,500 feet above sea level, Truckee Meadows encompasses a land area of approximately 200 square 

miles and is surrounded by mountain ranges, which can lead to persistent wintertime temperature inversions where a 

layer of cold air is trapped in the valley. Warmer air above the inversion acts as a lid, containing and concentrating 

air pollutants at ground level. Approximately two-thirds of Washoe County’s population lives in the Truckee 

Meadows area. Anthropogenic activities, such as automobile use and residential wood combustion, are also 

concentrated here. Washoe County has experienced significant growth in population since 1990, with an increase in 

population from approximately 257,000 in 1990 to approximately 422,000 in 2011, an increase of 64 percent over 

that 21-year period. The two major cities in Truckee Meadows are Reno and Sparks. 3

 The reference here is to the TSP portions of the Truckee Meadows Air Quality Implementation Plan (December 6, 

1978).
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a prescribed period of time, revisions to correct certain deficiencies. 46 FR 21758 (April 14, 

1981). In 1982, we found that the state had submitted the required revisions correcting the 

identified deficiencies, and we revoked the conditions placed on our approval of the TSP plans. 

47 FR 15790 (April 13, 1982).

In 1987, the EPA revised the NAAQS for particulate matter, eliminating TSP as the 

indicator for the NAAQS and replacing it with the “PM10” indicator. 52 FR 24634 (July 1, 1987). 

PM10 refers to particles with an aerodynamic diameter less than or equal to a nominal 10 

microns. At that time, EPA established two PM10 standards: A 24-hour standard of 150 

micrograms per cubic meter (μg/m3) and an annual standard of 50 μg/m3.

4 We indicated in the 

preamble to our regulations implementing the then-new PM10 NAAQS that we would consider

deletion of TSP area designations once the EPA had reviewed and approved revised SIPs that 

include control strategies for the PM10 NAAQS and once the EPA had promulgated PM10

increments for the prevention of significant deterioration (PSD) program. 52 FR 24672, at 24682 

(July 1, 1987).

Under our regulations for implementing the revised particulate matter NAAQS (i.e., the 

PM10 NAAQS), the EPA did not designate areas as nonattainment, attainment, or unclassifiable 

but categorized areas into three groups, referred to as Group I, Group II, or Group III. Group I 

areas were those that had a probability of not attaining the PM10 NAAQS (based on existing TSP 

data) of at least 90%. Group I areas were required to submit SIP revisions that contain full PM10

control strategies including a demonstration of attainment. 52 FR 24672, at 24681 (July 1, 1987). 

 4 In 2006, the EPA retained the 24-hour PM10 standard but revoked the annual PM10 standard. 71 FR 61144 

(October 17, 2006). More recently, as part of the Agency’s periodic review of the NAAQS, EPA reaffirmed the 24-

hour PM10 NAAQS. 78 FR 3086 (January 15, 2013). See 40 CFR 50.6 (“National primary and secondary ambient 

air quality standards for PM10”).
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We identified the Las Vegas (HA #212) and Reno (HA #87, i.e., Truckee Meadows) planning 

areas as Group I areas. 52 FR 29383 (August 7, 1987) and 55 FR 45799 (October 31, 1990).

The CAA was significantly amended in 1990. Under the 1990 amended Act, Congress 

replaced the PM10 regulatory approach established by the EPA in 1987 with the area designation 

concept and designated former “Group I” areas and certain other areas as nonattainment areas for 

PM10 by operation of law. See CAA section 107(d)(4)(B). As former “Group I” areas, the Reno 

planning area (i.e., Truckee Meadows) was designated as a nonattainment area for PM10 by

operation of law. 56 FR 11101 (March 15, 1991). Truckee Meadows was initially classified as a 

“Moderate” PM10 nonattainment area with an applicable attainment date of December 31, 1994, 

but despite improvements in ambient particulate conditions, Truckee Meadows was later 

reclassified by operation of law to “Serious” upon the EPA’s determination that the area had 

failed to attain the standard by the “Moderate” area attainment date (i.e., based on ambient PM10

data for the 1992-1994 period). 66 FR 1268 (January 8, 2001). States with “Serious” PM10

nonattainment areas were required under the CAA, as amended in 1990, to submit revisions to 

their SIPs to, among other things, demonstrate attainment of the PM10 standard as expeditiously 

as practicable, but no later than December 31, 2001. See CAA section 188(c). Despite further 

improvements, Truckee Meadows failed to attain the December 31, 2001 attainment date based 

on ambient PM10 data for the 1999-2001 period. Such areas are required to submit an attainment 

plan under CAA section 189(d) (referred to as a “Five Percent” plan), but the SIP submittal 

requirement for a Five Percent plan for Truckee Meadows was suspended by a “clean data” 

determination by the EPA based on ambient PM10 data for the 2007-2009 period. 76 FR 21807 

(April 19, 2011).
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The 1990 Act Amendments also provided for the continued transition from TSP to PM10. 

Specifically, section 107(d)(4)(B) states in relevant part: “Any designation for particulate matter

(measured in terms of total suspended particulates) that the Administrator promulgated pursuant 

to this subsection (as in effect immediately before November 15, 1990) shall remain in effect for 

purposes of implementing the maximum allowable increases in concentrations of particulate 

matter (measured in terms of total suspended particulates) pursuant to section 163(b) of this title, 

until the Administrator determines that such designation is no longer necessary for that purpose.”

Section 166(f) of the 1990 amended Act authorizes the EPA to replace the TSP increments with 

PM10 increments, and in 1993, the EPA promulgated the PM10 increments and revised the PSD

regulations accordingly. 58 FR 31622 (June 3, 1993). In our June 1993 final rule, we indicated 

that the replacement of the TSP increments with PM10 increments negates the need for the TSP 

attainment or unclassifiable area designations to be retained. We also indicated that we would 

delete such TSP designations in 40 CFR part 81 upon the occurrence of, among other

circumstances, the EPA’s approval of a State’s or local agency’s revised PSD program 

containing the PM10 increments. 58 FR 31622, at 31635 (June 3, 1993).

In November 2002, we deleted the TSP attainment or unclassifiable area designations 

throughout the State of Nevada, except for those in Clark County. 67 FR 68769 (November 13,

2002). In April 2013, we deleted the TSP attainment or unclassifiable area designations within 

Clark County and also deleted the TSP nonattainment area designations for all of the Nevada 

TSP nonattainment areas, except for Las Vegas Valley and Truckee Meadows.5 78 FR 22425 

 5

 In June 1992, the State of Nevada requested that we reclassify the eight existing TSP nonattainment areas in 

Nevada to “unclassifiable” status. See letter from L.H. Dodgion, Administrator, NDEP, to Daniel W. McGovern, 

Regional Administrator, EPA Region IX, dated June 15, 1992. We believe that deletion of the TSP nonattainment 

designations is administratively more efficient than redesignation of the area to unclassifiable. As noted above, we 

have already deleted seven of the TSP nonattainment area designations and are proposing to delete the one for 

Truckee Meadows herein.
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(April 16, 2013). In July 2014, we deleted the TSP nonattainment area designation for Las Vegas

Valley, and in today’s proposed rule, we are proposing to delete the TSP nonattainment area 

designation for Truckee Meadows.

II. The State’s Submittals

The Nevada Division of Environmental Protection (NDEP) is the state agency with 

overall responsibility for the Nevada SIP and is the designated agency for submitting SIPs and 

SIP revisions to the EPA for approval. The Washoe County District Board of Health (“Health 

District”), which administers air quality programs through the Health District’s Air Quality 

Management Division (“WCAQMD”), is empowered under state law to develop air quality plans 

within Washoe County. The Health District is also empowered under state law to regulate 

stationary sources within Washoe County with the exception of certain types of power plants, 

which lie exclusively within the jurisdiction of the NDEP. After it adopts an air quality plan for 

Washoe County, the Health District submits the plan to NDEP for adoption as part of the Nevada 

SIP and then for submittal to the EPA for approval.

As noted above, the Health District adopted, and the EPA approved, an air quality plan in 

the 1970s to provide for attainment of the TSP standard in Truckee Meadows. Another plan was 

required for Truckee Meadows in response to the area’s classification as a “Moderate” 

nonattainment area for PM10 under the Clean Air Act Amendments of 1990. On April 15, 1991,

the NDEP submitted certain District regulations intended to reduce PM10 emissions in Truckee 

Meadows to the EPA. On October 30, 1991, the state submitted “Nevada State Implementation 

Plan for the Truckee Meadows Air Basin, Particulate Matter (PM10)” (“1991 PM10 Attainment 

Plan”), a PM10 plan for the Truckee Meadows area to address the requirements in CAA section 

 
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189(a) for “Moderate” PM10 nonattainment areas. The 1991 PM10 Attainment Plan included a 

demonstration that the attainment deadline for the Truckee Meadows moderate nonattainment 

area (December 31, 1994) was not practicably achievable, and carried forward the District 

regulations that had been submitted previously on April 15, 1991. On March 7, 1994, the NDEP

submitted amended District regulations that were intended to address deficiencies that the EPA 

had identified through its review of the regulations submitted in April 1991 and the 1991 PM10

Attainment Plan submitted in October 1991. 

As noted above, in 2001, the EPA reclassified the Truckee Meadows area to “Serious”

nonattainment for the PM10 NAAQS, triggering the requirement for a new attainment plan, and 

on August 5, 2002, the NDEP submitted a PM10 plan for Truckee Meadows to address the 

requirements in CAA section 189(b) for “Serious” PM10 nonattainment areas. See “Revisions to 

the Nevada Particulate Matter (PM10) State Implementation Plan for the Truckee Meadows Air 

Basin,” August 2002 (“2002 PM10 Attainment Plan”). Generally, each subsequent air quality 

plan builds upon the foundation established by earlier plans, and, in this instance, the 2002 PM10

Attainment Plan built upon and superseded the earlier “Moderate” area plans. The 2002 PM10

Attainment Plan included an analysis of BACM for the Truckee Meadows area and regulations 

to control PM10 emissions from all significant PM10 sources identified in that BACM analysis –

i.e., street sanding and sweeping operations, fugitive dust-generating activities, and residential 

wood combustion. The District Regulations submitted as part of the 2002 PM10 Attainment Plan 

superseded those that had been submitted in April 1991 and those submitted in March 1994. The 

EPA has approved the various District regulations submitted in connection with the 2002 PM10

Attainment Plan, but has not otherwise taken action on the “Moderate” or “Serious” area 

attainment plans.
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In 2009, based on ambient PM10 monitoring data showing that the area had attained the 

PM10 NAAQS, the WCAQMD developed a maintenance plan, and the NDEP submitted the plan 

to the EPA for approval along with a request to redesignate Truckee Meadows from 

nonattainment to attainment for the PM10 standard. See “Redesignation Request and 

Maintenance Plan for the Truckee Meadows 24-Hour PM10 Non-Attainment Area,” May 28, 

2009 (“2009 PM10 Maintenance Plan”). The 2009 PM10 Maintenance Plan included motor 

vehicle emissions budgets (MVEBs) for the Truckee Meadows area, and the EPA found that 

MVEBs for PM10 contained in the 2009 PM10 Maintenance Plan were adequate for transportation 

conformity purposes. 75 FR 27776 (May 18, 2010). The WCAQMD subsequently revised the 

2009 PM10 Maintenance Plan in response to the EPA’s review of the plan, and on November 7, 

2014, the NDEP submitted a new maintenance plan, “Redesignation Request and Maintenance 

Plan for the Truckee Meadows 24-Hour PM10 Non-Attainment Area,” August 28, 2014 (“2014

PM10 Maintenance Plan” or “Plan”) for EPA approval. The 2014 PM10 Maintenance Plan 

supersedes the 2009 PM10 Maintenance Plan, and includes a revised maintenance plan under 

CAA section 175A, an updated emissions inventory under CAA section 172(c)(3), and revised

MVEBs for the Truckee Meadows area. 

In this proposed rule, we are proposing to approve the 2014 PM10 Maintenance Plan, 

including the emissions inventory, maintenance demonstration, and related MVEBs. 

Additionally, we are proposing to approve the BACM demonstration from the 2002 PM10

Attainment Plan but consider the rest of the 2002 PM10 Attainment Plan to be superseded by the 

2014 PM10 Maintenance Plan.

III. Procedural Requirements for Adoption and Submittal of SIP Revisions
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Section 110(l) of the CAA requires states to provide reasonable notice and public hearing 

prior to adoption of SIP revisions. In this action, we are proposing action on the NDEP’s 

submittal of the 2014 PM10 Maintenance Plan as a revision to the Nevada SIP. The 2014 PM10

Maintenance Plan contains evidence that reasonable notice of a public hearing was provided to 

the public (via newspaper advertisement) and that a public hearing was conducted prior to 

adoption by the Health District. More specifically, the Plan provides evidence that the Health 

District published a notice of the availability of the draft 2014 PM10 Maintenance Plan and of a 

public hearing to be held on August 28, 2014 in the Reno Gazette-Journal on July 25, August 11, 

and August 22, 2014. Following adoption by the Health District on August 28, 2014, the Health 

District forwarded the 2014 PM10 Maintenance Plan to the NDEP. The NDEP then submitted the 

SIP revision to the EPA for approval on November 7, 2014.

In this action, we also proposed to approve an element (i.e., the BACM demonstration) of 

the 2002 PM10 Attainment Plan, and it too contains evidence that reasonable notice of a public 

hearing was provided to the public (via newspaper advertisement) and that a public hearing was 

conducted. Following adoption by the Health District on July 26, 2002, the Health District 

forwarded the 2002 PM10 Attainment Plan to the NDEP, which then submitted the SIP revision 

to the EPA for approval. Thus, we find that both the 2014 PM10 Plan and the 2002 PM10 Plan

satisfy the procedural requirements of section 110(l) of the Act for revising SIPs.

IV. Clean Air Act Requirements for Redesignation to Attainment

The CAA establishes the requirements for redesignating a nonattainment area to 

attainment. Specifically, section 107(d)(3)(E) allows for redesignation provided that the 

following criteria are met: (1) the EPA determines that the area has attained the applicable 

NAAQS; (2) the EPA has fully approved the applicable implementation plan for the area under 
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section 110(k); (3) the EPA determines that the improvement in air quality is due to permanent 

and enforceable reductions in emissions resulting from implementation of the applicable SIP, 

applicable Federal air pollution control regulations, and other permanent and enforceable 

reductions; (4) the EPA has fully approved a maintenance plan for the area as meeting the 

requirements of CAA section 175A; and (5) the State containing such area has met all 

requirements applicable to the area under section 110 and part D of title I of the CAA.

The EPA provided guidance on redesignations in the form of a General Preamble for the 

Implementation of Title I of the CAA Amendments of 1990 published in the Federal Register

on April 16, 1992 (57 FR 13498), as supplemented on April 28, 1992 (57 FR 18070) (“General 

Preamble”). Other relevant EPA guidance documents include: “Procedures for Processing 

Requests to Redesignate Areas to Attainment,” Memorandum from John Calcagni, Director, Air 

Quality Management Division, EPA Office of Air Quality Planning and Standards, September 4, 

1992 (“Calcagni Memo”); “Part D New Source Review (part D NSR) Requirements for Areas 

Requesting Redesignation to Attainment,” Memorandum from Mary D. Nichols, Assistant 

Administrator for Air and Radiation, October 14, 1994 (“Nichols Memo”); and “State 

Implementation Plans for Serious PM10 Nonattainment Areas, and Attainment Date Waivers for 

PM10 Nonattainment Areas Generally; Addendum to the General Preamble for the 

Implementation of Title I of the Clean Air Act Amendments of 1990,” 59 FR 41998 (August 16, 

1994) (“PM10 Addendum”).

For the reasons set forth below in section V of this document, we are proposing to 

approve the NDEP's request for redesignation of the Truckee Meadows nonattainment area to 

attainment for the PM10 NAAQS based on our conclusion that all of the criteria under CAA 

section 107(d)(3)(E) have been satisfied.
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V. Evaluation of the State’s Redesignation Request for Truckee Meadows

A. The Area Has Attained the PM10 NAAQS

Section 107(d)(3)(E)(i) of the CAA states that for an area to be redesignated to 

attainment, the EPA must determine that the area has attained the applicable NAAQS. In this 

case, the applicable NAAQS is the PM10 NAAQS. As noted above, in 2011 (76 FR 21807, April 

19, 2011), the EPA determined that Truckee Meadows had attained the PM10 standard based on 

2007-2009 ambient data; however, to redesignate the area to attainment, it is necessary to update 

that determination based on the most current information to ensure that the area continues to 

attain the standard. 

We generally determine whether an area’s air quality meets the PM10 standard based 

upon the most recent period of complete, quality-assured data gathered at established State and 

Local Air Monitoring Stations (SLAMS) in the nonattainment area and entered into the EPA Air 

Quality System (AQS) database. Data from air monitors operated by state/local agencies in 

compliance with EPA monitoring requirements must be submitted to the EPA AQS database. 

Heads of monitoring agencies annually certify that these data are accurate to the best of their 

knowledge. Accordingly, the EPA relies primarily on data in its AQS database when determining 

the attainment status of areas. See 40 CFR 50.6; 40 CFR part 50, appendix J; 40 CFR part 53; 40 

CFR part 58, appendices A, C, D and E. All data are reviewed to determine the area's air quality 

status in accordance with 40 CFR part 50, appendix K.

The PM10 standard is attained when the expected number of days per calendar year with a 

24-hour concentration in excess of the standard (referred to herein as "exceedance"),6 as 

 6

 An exceedance is defined as a daily value that is above the level of the 24-hour standard (i.e., 150 μg/m3) after 

rounding to the nearest 10 μg/m3 (i.e., values ending in 5 or greater are to be rounded up). Thus, a recorded value of 

154 μg/m3 would not be an exceedance since it would be rounded to 150 μg/m3 whereas a recorded value of 155 
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determined in accordance with 40 CFR part 50, appendix K, is equal to or less than one.7 See 40 

CFR 50.6 and 40 CFR part 50, appendix K. For purposes of redesignation, the most recent three 

consecutive years of complete air quality data are necessary to show attainment of the 24-hour 

standard for PM10. See 40 CFR part 50, appendix K. A complete year of air quality data, as 

referred to in 40 CFR part 50, appendix K, includes all four calendar quarters with each quarter 

containing data from at least 75 percent of the scheduled sampling days. Id. 

The WCAQMD currently operates five SLAMS within the Truckee Meadows PM10

nonattainment area, but operated six such stations over most of the 2012-2014 period. The 

locations of the five current PM10 monitors in Truckee Meadows are as follows. In the City of 

Reno, the “Reno3” monitoring site is located in downtown Reno just south of Interstate 80; the 

“Plumb-Kit” site is in a graveled area close to residences, about half a mile west of Interstate 580 

and the Reno-Tahoe International Airport; and the “Toll” site is located along State Route 341, at 

the corner of the Washoe County School District parking lot. In South Reno, the “South Reno” 

monitoring site is located in an unpaved, vegetated area at the northeast corner of the Nevada 

Energy campus. In the City of Sparks, the “Sparks” monitoring site is located along a paved 

parking lot about half a mile north of Interstate 80. The sixth monitoring site, the “Galletti” site, 

which was closed in mid-November 2014, was located in downtown Reno just south of Interstate 

80.

8 The locations of the monitoring sites are illustrated in figure 2-1 in the 2014 PM10

 

μg/m3 would be an exceedance since it would be rounded to 160 μg/m3. See 40 CFR part 50, appendix K, section 

1.0.

7

 The comparison with the allowable expected exceedance rate of one per year is made in terms of a number 

rounded to the nearest tenth (fractional values equal to or greater than 0.05 are to be rounded up; e.g., an exceedance 

rate of 1.05 would be rounded to 1.1, which is the lowest rate for nonattainment). See 40 CFR part 50, appendix K, 

section 2.1(b).

8 The WCAQMD closed the “Galletti” site in mid-November 2014 as a result of emergency construction at the 

location of the site. The EPA has approved WCAQMD’s request to close the Galletti site, due to lease issues beyond 

their control as well as siting issues. See letter from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA 

Region IX, to Daniel Inouye, Chief, Monitoring and Planning, WCAQMD, April 22, 2015.
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Maintenance Plan, and are described in more detail in “Washoe County Health District, Air 

Quality Management Division, 2015 Ambient Air Monitoring Network Plan,” submitted to EPA 

Region IX July 1, 2015. All of the PM10 monitor sites operate on a daily schedule using 

continuous monitors. Id. at 3. Despite the closure of the “Galletti” site, the WCAQMD PM10

network continues to meet minimum monitoring requirements per appendix D to 40 CFR part 

58.

WCAQMD reports the PM10 data from its monitors to AQS on a quarterly basis as 

required under the EPA’s monitoring regulations. The EPA has approved the WCAQMD’s 

monitoring network as satisfying the network design and data adequacy requirements of 40 CFR 

part 58.9 The EPA’s most recent audit of WCAQMD’s ambient air monitoring program found, 

generally, that the program is robust and meets EPA requirements.10 As with any audit, the EPA 

uncovered some program areas that can be improved, but none are cause for data invalidation. 

The WCAQMD annually certifies that the data it submits to AQS are complete and qualityassured. See, e.g., letter dated April 30, 2015, from Daniel Inouye, Branch Chief, Monitoring and 

Planning, WCAQMD, to Jared Blumenfeld, Regional Administrator, EPA Region IX, “Re: 

CY2014 Ambient Air Monitoring Data Certification.”

Table 1 provides the highest measured PM10 concentrations and the number of expected 

exceedances in Truckee Meadows during the 2010-2014 period. Table 1 shows generally that 

Truckee Meadows has continued to attain the PM10 standard since the EPA made the 

determination of attainment in 2011 based on 2007-2009 data; however, a determination of 

 9

 See letter from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, to Daniel Inouye, 

Director, WCAQMD, October 29, 2014. 10 See letter from Deborah Jordan, Director, Air Division, EPA Region IX, to Charlene Albee, Director, 

WCAQMD, August 19, 2014 and enclosed report titled “Technical System Audit Report, Washoe County Health 

District Air Quality Management Division, Ambient Air Monitoring Program (September 4-6, 2013),” dated August 

2014.
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attainment requires a more detailed examination of the data for the most recent three-year period. 

For the purposes of this action, we are focusing our evaluation on the most recent three-year 

period for which data is available, i.e., 2012-2014. 

 
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accuracy of this version, but it is not the official version.

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Table 1 - Monitored PM10 Concentrations and Expected Exceedances (2010 – 2014)

Monitoring site 

name and AQS 

number 

Maximum 24-hour (μg/m3) Expected exceedances

(calendar year)

Expected exceedances

(3-year averages)

2010 2011 2012 2013 2014 2010 2011 2012 2013 2014 2010-

2012

2011 -

2013

2012 -

2014

Reno3 

(32-031-0016) 142 64 46 121 134 0 0 0 0 0 0 0 0

South Reno 

(32-031-0020) 52 63 61 133 106 0 0 0 0 0 0 0 0

Galletti 

(32-031-0022) 87 113 77 131 159* 0 0 0 0 1** 0 0 0.3**

Toll 

(32-031-0025) 34 121 85 144 121 0 0 0 0 0 0 0 0

Plumb-Kit 

(32-031-0030) 77 71 92 127 136 0 0 0 0 0 0 0 0

Sparks 

(32-031-1005) 55 76 100 100 135 0 0 0 0 0 0 0 0

Source: EPA AQS database. August 7, 2015. Values shown in bold type represent exceedances of the PM10 standard.

* The exceedance occurred on September 18, 2014 and has been flagged by WCAQMD as an exceptional event. While the EPA has 

not concurred on the exceedance as an exceptional event nor excluded it from our proposed determination of attainment, the Agency 

recognizes that the exceedance was monitored during a period when a significant regional wildfire (the King Fire) burned tens of 

thousands of acres in the Sierra Nevada Mountains east of Sacramento, generally upwind of Truckee Meadows.

** The Galletti site closed in mid-November 2014 as a result of emergency construction at the location of the site. The EPA approved 

the closure of the site in April 2015. The 2014 data is incomplete, however; the EPA has determined that the data remains valid for 

NAAQS comparison purposes.
Jared Blumenfeld, Regional Administrator, EPA Region 9 signed the following proposed rule on September 18, 

2015, and EPA is submitting it for publication in the Federal Register (FR). While we have taken steps to ensure the 

accuracy of this Internet version of the proposed rule, it is not the official version for purposes of public comment. 

Please refer to the official version in a forthcoming FR publication, which will appear on the Government Printing 

Office's FDsys website (http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov

(http://www.regulations.gov) in Docket No. EPA-R09-OAR-2015-0633.

20

For the 2012-2014 period, with one exception, the AQS database contains complete, 

quality-assured and certified data from the six PM10 monitoring sites operating during this period 

within Truckee Meadows. The one exception relates to the “Galletti” site, which, as noted above, 

was closed in mid-November 2014 due to emergency construction at the site, and for which the 

fourth quarter’s 2014 data is incomplete. However, we find that the data from the “Galletti” site, 

while incomplete in one quarter of one year of the 2012-2014 period, remain valid for PM10

NAAQS comparison purposes based on the statistical analysis prepared by the WCAQMD in its 

March 5, 2015 request for approval for closure of the “Galletti” site. The WCAQMD’s statistical 

analysis demonstrates, using the annual maximum 24-hour concentrations from 2009-2013, that 

there is just over a 10 percent probability of exceeding 80 percent of the PM10 NAAQS at the 

“Galletti” site during the next three years (2014-2016), and the EPA cited this statistical analysis 

in its approval of the closure of the Galletti site.11

Based on our review of the quality-assured, certified, and complete (or otherwise 

validated) PM10 data for the six PM10 monitoring sites, we find that the expected number of days 

per calendar year with an exceedance is less than 1.0 at all six sites over the most recent threeyear period (2012-2014). See table 1 above. Preliminary data for calendar year 2015 indicate that 

there has been only one measured exceedance of the PM10 standard (on February 6, 2015 at the 

Toll site), but this exceedance does not result in a violation of the standard at that site given that 

it has no other recorded exceedances since 2002. See table 1, above, and our proposed 

determination of attainment at 76 FR 10817 (February 28, 2011). Thus, we find that preliminary 

 11 See letter from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, to Daniel Inouye, 

Chief, Monitoring and Planning, WCAQMD, April 22, 2015, page 2.
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2015 data is consistent with continued attainment. As such, we find that Truckee Meadows is 

attaining the PM10 standard and thereby meets the criterion for redesignation in CAA section 

107(d)(3)(E)(i).

B. The Area Has Met All Applicable Requirements for Purposes of Redesignation Under Section 

110 and Part D of the CAA and Has a Fully Approved Applicable Implementation Plan Under 

Section 110(k) of the CAA

Section 107(d)(3)(E)(ii) and (v) require the EPA to determine that the area has a fullyapproved applicable SIP under section 110(k) that meets all applicable requirements under 

section 110 and part D for the purposes of redesignation. The EPA may rely on prior SIP 

approvals in approving a redesignation request, Calcagni Memo at 3; Wall v. EPA, F.3d 416 (6th 

Cir. 2001), Southwestern Pennsylvania Growth Alliance v. Browner, 144 F.3d 984, 989-990 (6th 

Cir. 1998), as well as any additional measure it may approve in conjunction with a redesignation 

action. See 68 FR 25426 (May 12, 2003) and citations therein. In this instance, we are proposing 

to approve several part D elements as part of this action [i.e., emissions inventory under CAA 

section 172(c)(3) and the BACM demonstration under CAA section 189(b)(1)(B)]. With full 

approval of those two elements, the Truckee Meadows portion of the Nevada SIP will be fully 

approved under section 110(k) of the Act with respect to all SIP elements that are applicable for 

the purposes of redesignation of the area to attainment. 

1. Basic SIP Requirements Under CAA Section 110

The general SIP elements and requirements set forth in section 110(a)(2) include, but are 

not limited to, the following: submittal of a SIP that has been adopted by the state after 

reasonable public notice and hearing; provisions for establishment and operation of appropriate 

procedures needed to monitor ambient air quality; implementation of a source permit program; 
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provisions for the implementation of part C requirements for Prevention of Significant 

Deterioration (PSD); provisions for air pollution modeling; and provisions for public and local 

agency participation in planning and emission control rule development.

We note that SIPs must be fully approved only with respect to applicable requirements 

for purposes of redesignation in accordance with CAA section 107(d)(3)(E)(ii). The section 110 

and part D requirements that are linked to a particular nonattainment area’s designation and 

classification are the relevant measures to evaluate in reviewing a redesignation request. 

Requirements that apply regardless of the designation of any particular area in the state are not 

applicable requirements for purposes of redesignation, and the state will remain subject to these 

requirements after the nonattainment area is redesignated to attainment.

Thus, for example, CAA section 110(a)(2)(D) requires that SIPs contain certain measures 

to prevent sources in a state from significantly contributing to air quality problems in another 

state, known as “transport SIPs.” Because the section 110(a)(2)(D) requirements for transport 

SIPs are not linked to a particular nonattainment area’s designation and classification but rather

apply regardless of attainment status, these are not applicable requirements for purposes of 

redesignation under CAA section 107(d)(3)(E). This policy is consistent with EPA’s existing 

policy on applicability of the conformity SIP requirement (i.e., for redesignations). See

discussion in 75 FR 36023, 36026 (June 24, 2010) (proposed rule to redesignate Coso Junction, 

California, to attainment for the PM10 NAAQS) and related citations.

On numerous occasions over the past 40 years, NDEP has submitted, and we have 

approved, provisions addressing the basic CAA section 110 provisions for Truckee Meadows. 

See, e.g., 37 FR 15080 (July 27, 1972); 77 FR 60915 (October 5, 2012); and 77 FR 64737 

(October 23, 2012). The Truckee Meadows portion of the Nevada SIP contains enforceable 
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emission limitations; requires monitoring, compiling and analyzing of ambient air quality data; 

requires preconstruction review of new or modified stationary sources; provides for adequate 

funding, staff, and associated resources necessary to implement its requirements; and provides 

the necessary assurances that the state maintains responsibility for ensuring that the CAA 

requirements are satisfied in the event that the Health District is unable to meet its CAA 

obligations.12 Based on our review of the Nevada SIP, we have concluded that it meets the 

general SIP requirements under section 110(a)(2) of the CAA to the extent they are applicable 

for purposes of redesignation of Truckee Meadows to attainment for the PM10 standard.

2. SIP Requirements Under Part D

Subparts 1 and 4 of part D, title I of the CAA contain air quality planning requirements 

for PM10 nonattainment areas. Subpart 1 contains general requirements for all nonattainment

areas of any pollutant, including PM10, governed by a NAAQS. The subpart 1 requirements 

include, in relevant part, provisions for implementation of reasonably available control measures 

(RACM), a demonstrations of reasonable further progress (RFP), emissions inventories, a 

program for preconstruction review and permitting of new or modified major stationary sources, 

contingency measures, conformity, and, for areas that fail to attain the standard by the applicable 

attainment date, a plan meeting the requirements of section 179(d). 

Subpart 4 contains specific SIP requirements for PM10 nonattainment areas. The 

requirements set forth in CAA section 189(a), (c), and (e) apply specifically to “Moderate” PM10

nonattainment areas and include, in relevant part: (1) provisions for implementation of 

reasonably available control measures (RACM); (2) quantitative milestones demonstrating RFP 

toward attainment by the applicable attainment date; and (3) provisions to ensure that the control 

 12 The applicable Nevada SIP can be found at http://yosemite.epa.gov/r9/r9sips.nsf/allsips?readform&state=Nevada. 
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requirements applicable to major stationary sources of PM10 also apply to major stationary 

sources of PM10 precursors except where the EPA has determined that such sources do not 

contribute significantly to PM10 levels that exceed the NAAQS in the area. Under CAA section 

189(b), “Serious” PM10 nonattainment areas, such as Truckee Meadows, must meet the subpart 1 

and “Moderate” area requirements discussed above and, in addition, must develop and submit 

provisions to assure the implementation of BACM for the control of PM10. In addition, under 

CAA section 189(d), “Serious” PM10 nonattainment areas that fail to attain the standard by the 

applicable attainment date, such as Truckee Meadows, must develop and submit plan revisions 

which provide for attainment of the PM10 standard, and from the date of such submission until 

attainment, for an annual reduction in PM10 within the area of not less than 5 percent of the 

amount of such emissions.

However, we have determined that, in accordance with our Clean Data Policy, the 

obligation to submit the following CAA requirements for Truckee Meadows is not applicable for 

so long as the area continues to attain the PM10 standard: The part D, subpart 4 obligations to 

provide the RACM provisions of section 189(a)(1)(C), the RFP provisions of section 189(c), the 

requirement for a section 189(d) plan, the attainment demonstration, RACM, RFP and 

contingency measure provisions of part D, subpart 1 contained in section 172 of the Act, and 

requirements for additional plan previsions in section 179(d) of the Act. 76 FR 21807 (April 19, 

2011). As discussed above in section V.A, Truckee Meadows has continued to attain the PM10

standard since the EPA’s 2011 determination of attainment, which was based on 2007-2009 data, 

and we are specifically proposing to determine that the area currently meets the standard based 

on the most recent three-year period (2012-2014). As such, the part D SIP submittal 
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18, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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requirements suspended by our 2011 “clean data” determination do not apply for the purposes of 

evaluating Truckee Meadows’ eligibility for redesignation under CAA section 107(d)(3)(E)(v).

13

Moreover, in the context of evaluating the area’s eligibility for redesignation, there is a 

separate and additional justification for finding that requirements associated with attainment are 

not applicable for purposes of redesignation. Prior to and independently of the Clean Data 

Policy, and specifically in the context of redesignations, the EPA interpreted attainment-linked 

requirements as not applicable for purposes of redesignation. In the General Preamble, the EPA 

stated:

[t]he section 172(c)(9) requirements are directed at ensuring RFP and attainment by the 

applicable date. These requirements no longer apply when an area has attained the 

standard and is eligible for redesignation. Furthermore, section 175A for maintenance 

plans * * * provides specific requirements for contingency measures that effectively 

supersede the requirements of section 172(c)(9) for these areas. General Preamble, 57 FR 

13498 at 13564 (April 16, 1992). 

See also Calcagni memorandum at 6 (“The requirements for reasonable further progress 

and other measures needed for attainment will not apply for redesignations because they only 

have meaning for areas not attaining the standard.”). Thus, even if the requirements associated 

with attainment had not previously been suspended, they would not apply for purposes of 

evaluating whether an area that has attained the standard qualifies for redesignation. The EPA 

has enunciated this position since the General Preamble was published more than twenty years 

ago, and it represents the Agency’s interpretation of what constitutes applicable requirements 

under section 107(d)(3)(E). The Courts have recognized the scope of EPA’s authority to interpret 

 13 The suspended SIP planning requirements will cease to apply to the Truckee Meadows area upon the effective 

date of redesignation to attainment for the PM10 standard. For another rulemaking action citing the “clean data 

policy” in the context of evaluating a redesignation request of a PM10 nonattainment area under CAA section 

107(d)(3)(E)(v), see 75 FR 36023, at 36027 (June 24, 2010) and 75 FR 54031 (September 3, 2010) (proposed and 

final redesignation for Coso Junction, California). See also, 40 CFR 51.918.
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“applicable requirements” in the redesignation context. See Sierra Club v. EPA, 375 F.3d 537 

(7th Cir. 2004).

The remaining applicable part D requirements for serious PM10 nonattainment areas are: 

(1) an emissions inventory under section 172(c)(3); (2) a permit program for the construction and 

operation of new and modified major stationary sources of PM10 under sections 172(c)(5) and 

189(a)(1)(A), including a major source threshold of 70 tons per year as required by section 

189(b)(3); (3) provisions to assure implementation of BACM for the control of PM10 under 

section 189(b)(1)(B); (4) control requirements for major stationary sources of PM10 precursors 

under section 189(e), except where the EPA determines that such sources do not contribute 

significantly to PM10 levels which exceed the standard in the area; and (5) provisions to ensure 

that Federally supported or funded projects conform to the air quality planning goals in the 

applicable SIP under section 176(c). We discuss each of these requirements below.

a. Emissions Inventory

Section 172(c)(3) of the Act requires the state to submit a comprehensive, accurate, 

current inventory of actual emissions from all sources of the relevant pollutant(s) in the 

nonattainment area, including periodic updates as required by the EPA. We interpret the Act 

such that the emission inventory requirement of section 172(c)(3) is satisfied by the inventory 

requirement of the maintenance plan. See 57 FR 13498 at 13564 (April 16, 1992). In this action,

the EPA is proposing to approve the 2011 attainment inventory submitted in the 2014 PM10

Maintenance Plan as meeting the emission inventory requirement under section 172(c)(3). See 

discussion below in section V.D.1. 

b. Permits for New and Modified Stationary Sources
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Sections 172(c)(5) and 189(a)(1)(A) of the CAA require the state to submit SIP revisions 

that establish certain requirements for new or modified stationary sources in nonattainment areas, 

including provisions to ensure that major new or modified sources of nonattainment pollutants 

comply with the lowest achievable emission rate (LAER), and that increases in emissions from 

such stationary sources are offset so as to provide for reasonable further progress towards 

attainment in the nonattainment area. For “Moderate” PM10 areas that are reclassified as 

“Serious,” such as Truckee Meadows, the “major source” threshold is reduced from 100 to 70 

tons per year of PM10. The process for reviewing permit applications and issuing permits for new

major sources or major modifications to such sources in nonattainment areas is referred to as 

“nonattainment New Source Review” (“nonattainment NSR” or simply “NSR”).

EPA-approved District regulations include rules for the review of applications for new or 

modified stationary sources; however, the EPA has not approved District regulations specifically 

meeting the NSR requirements of sections 172(c)(5) and 189(a)(1)(A). However, the EPA 

interprets section 107(d)(3)(E)(v) of the CAA such that final approval of a NSR program is not a 

prerequisite to approving the state’s redesignation request. The EPA has determined in past 

redesignations that a NSR program does not have to be approved prior to redesignation, provided 

that the area demonstrates maintenance of the standard without part D NSR requirements in 

effect. See generally Nichols Memo; see also the more detailed explanations in the following 

redesignation rulemakings: Detroit, Michigan (60 FR 12467-12468, March 7, 1996); ClevelandAkron-Lorrain, Ohio (61 FR 20458, 20469-20470, May 7, 1996); Louisville, Kentucky (66 FR 

53665, 53669, October 23, 2001); Grand Rapids, Michigan (61 FR 31831, 31836-31837, June 

21, 1996); and San Joaquin Valley, California (73 FR 22307, 22313, April 25, 2008 and 73 FR 

66759, 66766-67, November 12, 2008).
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The demonstration of maintenance of the standard in the 2014 PM10 Maintenance Plan

relies on projections of future emissions based on various growth factors. For the types of 

stationary sources that are subject to District permitting requirements, future emissions are 

projected based on employment growth projections and do not take credit for future control 

technology requirements, such as LAER, or for imposition of emissions offsets. See appendix B 

of the 2014 PM10 Maintenance Plan. Thus, we find that the maintenance demonstration for the 

Truckee Meadows PM10 nonattainment area does not rely on an NSR program, and that the area

need not have a fully-approved nonattainment NSR program prior to approval of the PM10

redesignation request.

Once Truckee Meadows has been redesignated to attainment, the requirements of the 

PSD program set forth at 40 CFR 52.21 will apply with respect to PM10 (PSD already applies 

with respect to the other pollutants in Truckee Meadows). See 40 CFR 52.1485. Thus, new major 

sources of PM10 emissions and major modifications at existing major sources, as defined in 40 

CFR 52.21, will be required to obtain a PSD permit before constructing. Currently, the 

WCAQMD has full responsibility for implementing and enforcing the Federal PSD regulations

in 40 CFR 52.21 for sources within its jurisdiction throughout Washoe County, including the 

Truckee Meadows area, under a delegation agreement with the EPA. See “Agreement for 

Delegation of the Federal Prevention of Significant Deterioration (PSD) Program by the United 

States Environmental Protection Agency, Region 9, to the Washoe County District Health 

Department,” dated March 13, 2008. The NDEP has permitting jurisdiction over certain types of 

power plants located anywhere within the State of Nevada, and if such a source were to locate 

within Truckee Meadows, the PSD regulations at 40 CFR 52.21 would still apply but would be 
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implemented and enforced by the NDEP, which also administers the program through a 

delegation agreement with the EPA.

c. Best Available Control Measures

Section 189(b)(1)(B) of the Act requires for any “Serious” PM10 nonattainment area that 

the state submit provisions to assure that BACM for the control of PM10 will be implemented no 

later than four years after the date the area is classified (or reclassified) as a “Serious” area. The

PM10 Addendum (59 FR 41998, August 16, 1994) provides preliminary guidance on meeting this 

BACM requirement. Even though the EPA previously determined that Truckee Meadows is 

attaining the PM10 24-hour standard (76 FR 21807, April 19, 2011), the overall structure and 

purpose of title I of the CAA Amendments of 1990, the standard suggested by the word “best,” 

and the differences in the statute between the requirements for BACM as compared to those for 

RACM, lead the EPA to believe that, unlike RACM, BACM are to be established generally 

independent of an analysis of the attainment needs of the “Serious” area. PM10 Addendum, at 

42011. Thus, unlike RACM, BACM remains an applicable requirement for the purposes of 

evaluating a redesignation request even though the area is attaining the standard.

The EPA defines BACM as, among other things, the maximum degree of emissions 

reduction achievable for a source or source category, which is determined on a case-by-case 

basis considering energy, environmental, and economic impacts. See id. at 42010, 42013. BACM 

must be implemented for all categories of sources in a “Serious” PM10 nonattainment area unless 

the state adequately demonstrates that a particular source category does not contribute 

significantly to nonattainment of the PM10 standard. See id. at 42011, 42012. The PM10

Addendum discusses the following steps for determining BACM:
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• Inventory the sources of PM10 and PM10 precursors14 and determine which source 

categories are significant;

• Evaluate alternative control techniques and their technological feasibility; and evaluate 

the costs of control measures or their economic feasibility.

See PM10 Addendum, at 42012-42014.

BACM must be applied to each significant (i.e., non-de minimis) source category. PM10

Addendum at 42011. In guidance, we have established a presumption that a “significant” source 

category is one that contributes 5 μg/m3 or more of PM10 to a location of a violation of the 24-

hour standard. PM10 Addendum at 42011. However, whether the threshold should be lower than 

this in any particular area depends upon the specific facts of that area’s nonattainment problem. 

Specifically, it depends on whether requiring the application of BACM on source categories 

below a proposed de minimis level would meaningfully expedite attainment. Once these analyses 

are complete, the individual measures must then be converted into a legally enforceable vehicle 

(e.g., a regulation or permit process) to ensure BACM implementation. Also, the regulations or 

other measures should meet the EPA’s criteria regarding the enforceability of SIPs and SIP 

revisions. CAA sections 172(c)(6) and 110(a)(2)(A). We use these steps as guidelines in our 

evaluation of the BACM analysis in the 2002 PM10 Attainment Plan.

The first step in the BACM analysis is to develop a detailed emissions inventory of PM10

sources and source categories that can be used in modeling to determine their impact on ambient 

air quality. PM10 Addendum at 42012. The second step is to use this inventory in air quality 

modeling to evaluate the impact on PM10 concentrations over the standards of the various 

sources and source categories to determine which are significant.

 14 As described further in section V.B.2.d of this document, we find that PM10 precursors (NOx, SOx, and VOC) do 

not significantly impact ambient PM10 concentrations in Truckee Meadows.
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The 2002 PM10 Attainment Plan contains a detailed inventory of direct PM10 sources and 

source categories and, based on the percent contributions of the various source categories to the 

design day inventory, divides the design day concentration (of 215 μg/m3) into source category 

components, as follows:

• Paved streets/reentrained dust/street sanding (142 μg/m3

)

• Residential wood combustion (36 μg/m3

) 

• Fugitive dust from construction activities (15 μg/m3)

• Stationary/industrial processes (9 μg/m3)

• Mobile on-road (4 μg/m3

)

• Mobile non-road (3 μg/m3)

• Unpaved streets (2 μg/m3

)

• Other fuel combustion and miscellaneous Area (2 μg/m3

)

• Charbroilers (1 μg/m3)

Based on the estimated contribution of the various source categories to the design-day 

concentration, the following source categories are considered significant, i.e., contribute 5 μg/m3

or more to the exceedance: (1) paved streets/reentrained dust/street sanding, (2) residential wood 

combustion, (3) fugitive dust from construction activities, and (4) other stationary/industrial 

processes.

15 We believe that the 2002 PM10 Attainment Plan presents an acceptable methodology

to evaluate the impact of various PM10 sources and source categories on PM10 levels and to 

derive a comprehensive list of significant source categories.

 15 The stationary/industrial processes category includes a disparate group of source subcategories (e.g., concrete 

production, sand and gravel operations, asphalt production, etc.). For a complete list of the subcategories included in 

the stationary/industrial processes category, see table 1-2 in appendix B of the 2002 PM10 Attainment Plan.
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In preparing the list of candidate BACM to reduce emissions from the various significant 

source categories, the WCAQMD reviewed our guidance documents on BACM, other EPA 

documents on PM10 control, as well as PM10 plans and measures from other “Serious” PM10

areas in the United States. The WCAQMD also evaluated controls proposed during public 

comment, sought input from work groups (e.g., Road Sanding and SweepingWorking Group)

and requested review and comment by the EPA on individual measures to help ensure that their 

adopted measures would constitute BACM. The processes that the WCAQMD used to identify 

BACM are described in section V of the 2002 PM10 Attainment Plan. We believe that, based on 

the description of the process in the 2002 PM10 Attainment Plan, the WCAQMD appropriately 

screened the list of candidate BACM to eliminate certain measures and appropriately identified 

and evaluated potential BACM for the Truckee Meadows area consistent with our guidance.

Since 1988, the Health District has adopted and strengthened a number of regulations to 

reduce PM10 emissions from the significant source categories in Truckee Meadows. See 2002 

PM10 Attainment Plan at 10-17. The District PM10 regulations were originally submitted to the 

EPA in 1991, but in the wake of the reclassification of Truckee Meadows to “Serious,” the 

Health District strengthened them to assure implementation of BACM. See id. Each of the Health 

District regulations intended to implement BACM was effective in Truckee Meadows on or 

before February 7, 2005 (i.e., within four years of the area’s reclassification to serious 

nonattainment on February 7, 2001), and the EPA has approved all of these regulations as 

satisfying BACM control requirements.

Specifically, we have approved the following Health District regulations as satisfying 

BACM control requirements: 
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• District Regulation 040.005 (“Visible Air Contaminants”)(72 FR 33397 (June 18, 

2007)(stationary/industrial processes);

• District Regulation 040.030, “Dust Control” (72 FR 25969, May 8, 2007)(fugitive dust 

from construction activities and stationary/industrial processes);

• District Regulation 040.031, “Street Sanding Operations” (71 FR 14386, March 22, 

2006)(paved streets/reentrained dust/street sanding);

• District Regulation 040.032, “Street Sweeping Operations” (71 FR 14386, March 22, 

2006)(paved streets/reentrained dust/street sanding); 

• District Regulation 040.051, “Wood Stove/Fireplace Insert Emissions” (72 FR 33397, 

June 18, 2007)(residential wood combustion); and

• District Regulation 050.001, “Emergency Episode Plan,” (72 FR 33397, June 18, 

2007)(residential wood combustion).

16 

Based on our prior approval of these regulations and our conclusion that they cover all 

significant PM10 source categories in the Truckee Meadows nonattainment area, we propose 

approval of the WCAQMD’s demonstration in Section V (“Control Strategies”) of the 2002 

PM10 Attainment Plan as satisfying the requirement to assure implementation of BACM under

CAA section 189(b)(1)(B).17 

d. Control Requirements for PM10 Precursors

 16 On August 22, 2013, the WCAQMD amended regulation 040.051, and the amendment was submitted to the EPA 

on November 26, 2013. The EPA is currently reviewing the submittal and preparing to act on it. The 2014 PM10

Maintenance Plan does not rely on emissions reductions from the amendments to the rule. 17 After BACM is applied to the significant source categories, the significant categories still account for 

approximately 75 percent of the WCAQMD’s remaining 2011 attainment year inventory of daily emissions during

the PM10 season (November, December, and January). See 2014 PM10 Maintenance Plan at Appendix C (“Truckee 

Meadows Projected PM10 Seasonal Emissions (lbs/day)”). Based on a review of the remaining source categories in 

the 2011 inventory, no new significant source categories (i.e., above the de minimis threshold) were identified, and, 

therefore, no additional sources are subject to BACM requirements.
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Section 189(e) of the CAA requires that the control requirements applicable under part D

(of title I of the CAA) for major stationary sources of PM10 also apply to major stationary 

sources of PM10 precursors, except where the EPA determines that such sources do not 

contribute significantly to PM10 levels which exceed the standard in the area. In general, a major 

stationary source in a PM10 “Serious” area includes any stationary source that emits, or has the 

potential to emit, 70 tons per year of PM10.

The 1991 PM10 Attainment Plan concluded that major stationary sources of PM10

precursors do not contribute significantly to PM10 levels which exceed the standard in Truckee 

Meadows based on technical study conducted by the Desert Research Institute (DRI) intended to 

identify the sources of ambient PM10 in Truckee Meadows. In its February 1988 report, PM10

Source Apportionment the Truckee Meadows, Nevada, for State Implementation Plan 

Development, Volume I: Modeling Methods and Results, Final Report (“DRI Report”), submitted 

as appendix B to the 1991 PM10 Attainment Plan, the DRI performed over 300 chemical mass 

balance source apportionments on fine and coarse particle fractions from three sites within the 

Truckee Meadows nonattainment area. The source apportionments found that that the PM10

contribution from precursors (i.e., ammonium nitrates and ammonium sulfates) was very small

(i.e., approximately 5-6%) compared to the contributions from wood/vegetative burning (i.e., 

residential wood stoves and fireplaces), mobile source exhaust (e.g., diesel powered vehicles), 

and geologic materials (e.g., road dust, sand/salt used for deicing). 

We also note that more recent stationary source inventory data and ambient PM2.5

speciation data for Truckee Meadows continue to support the WCAQMD’s 1991 conclusion 

regarding the (less-than-significant) contribution to elevated ambient PM10 concentrations from 

major stationary sources of PM10 precursors. First, based on the 2011 Periodic Emissions 
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Inventory, there are no stationary sources in Truckee Meadows that emit more than 100 tons per 

year of NOx or SO2, and only two such sources that emit more than 100 tons per year of VOC. 

Second, ammonium nitrate and ammonium sulfate contributed only about 11% to the total 

ambient PM10 based on the averages for the five highest PM10 measurements collected during the 

winter of 2013 at the Reno3 monitoring site (which is the only site operated by the WCAQMD 

with speciation capability). 

Based on the DRI Report and the more recent inventory and monitoring data, we propose 

to make the finding authorized under CAA section 189(e) and to determine that major sources of 

PM10 precursor emissions do not contribute significantly to PM10 levels which exceed the 

standard in the Truckee Meadows area.

e. Transportation Conformity

Under the Clean Air Act, as amended in 1990, section 176(c) of the CAA required the 

states to revise their SIPs to establish criteria and procedures to ensure that federally supported or 

funded projects in nonattainment and formerly nonattainment areas subject to a maintenance plan 

(referred to as “maintenance” areas) “conform” to the air quality planning goals in the applicable 

SIP. SIP revisions intended to meet the conformity requirement in section 176(c) are referred to 

as “conformity SIPs.” The requirement to determine conformity applies to transportation plans, 

programs and projects developed, funded or approved under Title 23 U.S.C. and the Federal 

Transit Act (“transportation conformity”) as well as to other federally supported or funded 

projects (“general conformity”). In 2005, Congress amended section 176(c), and under the 

amended conformity provisions, states are no longer required to submit conformity SIPs for 

“general conformity,” and the conformity SIP requirements for “transportation conformity” have 
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been reduced to include only those relating to consultation, enforcement and enforceability. CAA 

section 176(c)(4)(E).

On July 31, 1995, the NDEP submitted the general and transportation conformity 

procedures and criteria for Truckee Meadows as a revision to the Nevada SIP. Given the 2005 

amendments to the CAA, the NDEP has withdrawn the earlier conformity SIP submittal, and on 

March 21, 2013, submitted the Washoe County Transportation Conformity Plan as a replacement 

for the earlier submittal. We have not taken action on the March 21, 2013 SIP revision submittal. 

However, the EPA believes it is reasonable to interpret the conformity SIP requirements as not 

applying for purposes of a redesignation request under section 107(d)(3)(E)(v) because state 

conformity rules are still required after redesignation and Federal conformity rules apply where 

state rules have not been approved. See Wall v. EPA, 265 F. 3d 426 (6th Cir. 2001), upholding 

this interpretation. See also 60 FR 62748 (December 7, 1995).

3. Conclusion with respect to Section 110 and Part D Requirements. 

Therefore, based on the evaluation presented above, and based on our proposed approval 

of the 2011 emissions inventory submitted as part of the 2014 PM10 Maintenance Plan (see 

section V.D.1 of this document), our proposed approval of the BACM demonstration submitted 

as part of the 2002 PM10 Attainment Plan, and in light of our proposed determination that major 

stationary sources of PM10 precursors do not contribute significantly to PM10 exceedances in the 

area, we find that that the state has met all requirements applicable to the Truckee Meadows 

PM10 nonattainment area under section 110 and part D (of title I) of the CAA and has therefore 

met the redesignation criterion set forth in CAA section 107(d)(3)(E)(v).

C. The Improvement in Air Quality Is Due to Permanent and Enforceable Reductions in 

Emissions 
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Section 107(d)(3)(E)(iii) of the CAA requires the EPA, in order to approve a 

redesignation to attainment, to determine that the improvement in air quality is due to permanent 

and enforceable reductions in emissions resulting from implementation of the applicable SIP and 

applicable Federal air pollution control regulations and other permanent and enforceable 

regulations. Improvement should not be a result of temporary reductions (e.g., economic 

downturns or shutdowns) or unusually favorable meteorology. Calcagni Memo at 4. 

PM10 levels in Truckee Meadows are driven primarily by direct PM10 emissions from reentrained dust from paved roads, residential wood combustion, fugitive dust from construction 

activities, and emissions from industrial sources. See 2002 PM10 Attainment Plan at 7; and 

appendix C to the 2014 PM10 Maintenance Plan. The peak PM10 season in Truckee Meadows 

occurs during the winter months (i.e., November, December, and January), due in large part to 

increased residential wood combustion and application of sanding material to paved roads for 

wintertime traction control. In addition, because Truckee Meadows sits in a valley surrounded by 

mountain ranges, cold winter nights create temperature inversions that trap pollutants in a layer 

of cold air beneath a layer of warmer air above. 2014 PM10 Maintenance Plan at 13. 

The 2014 PM10 Maintenance Plan describes long-term air quality improvements 

implemented in the Truckee Meadows area during the 1999 to 2011 time frame. The

improvements in air quality occurred despite substantial growth in population, economic activity, 

and vehicle miles traveled (VMT) between 1990 and 2011, suggesting that the air quality 

improvements were not due to temporary reductions in emission rates or unusual meteorology

but, instead, resulted from implementation of federally-enforceable PM10 control measures. The 

Plan describes the significant source categories of PM10 emissions in the Truckee Meadows area 

and the SIP-approved regulations that have significantly reduced PM10 emissions from these and 
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other emission sources. According to the 2014 PM10 Maintenance Plan, SIP-approved 

regulations collectively reduced daily PM10 emissions from residential wood combustion and 

street sanding and sweeping, and construction activities during the 2011 PM10 season by 

approximately 68 percent. See table 4-1 of the 2014 PM10 Maintenance Plan.

First, the 2014 PM10 Maintenance Plan cites the Health District’s residential wood 

combustion program (RWC) as a significant source of emissions reductions in Truckee 

Meadows. The program relies on two regulations as well as a public outreach program. District 

Regulation 040.051, “Wood Stove/Fireplace Insert Emissions,” limits PM10 emissions

throughout Washoe County by, among other things: (1) establishing wood stove and fireplace 

insert control areas; (2) requiring use of seasoned wood; (3) requiring the removal or upgrade of 

existing solid fuel combustion devices upon the sale of real estate; and (4) establishing a 

mandatory burning curtailment during Stage 1 episodes.

18 District Regulation 050.001, 

“Emergency Episode Plan,” requires that the WCAQMD take certain actions when 24-hour PM10

concentrations reach or are predicted to reach “Stage 1” levels (154 μg/m3

), such as: (1) 

implementing procedures to notify the public of potential health problems; (2) prohibiting all 

open and prescribed burning; (3) prohibiting the use of permitted incinerators, crematoriums, and 

pathological incinerators; (4) prohibiting the use of solid fuel burning devices; and (5) activating 

control plans for the largest PM10 sources in Washoe County. 2014 PM10 Maintenance Plan at 

11.

In addition, the WCAQMD implements a “Keep it Clean, Know the Code” public 

outreach program (formerly known as the “Green, Yellow, Red” program), which runs from 

 18 Regulation 040.051 defines “Stage 1 alert” by reference to the Health District’s Emergency Episode Plan (i.e., 

District Regulation 050.001), which establishes a “Stage 1 (alert)” episode criteria level of 154 μg/m3

. See District 

Regulation 040.051 at Section E.5 and Regulation 050.001 at Table 1. 
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November through February and which consists in part of a daily burn code that provides the 

community a recommendation on whether RWC will impact air quality in Washoe County. The 

program also commits the WCAQMD to conduct an RWC survey at least once every three years

to track the effectiveness of the public outreach program. The EPA has approved District 

Regulations 040.051 and 050.001, and the commitment to conduct the RWC survey as revisions 

of the Nevada SIP, making them permanent and enforceable for the purposes of CAA section 

107(d)(3)(E)(iii). See 72 FR 33397 (June 18, 2007) and 73 FR 38124, at 38127 (July 3, 2008). 

According to the 2014 PM10 Maintenance Plan, District Regulations 040.051 and 050.001 (as 

implemented in part through the public outreach program) reduced PM10 emissions in the 

Truckee Meadows area on a “typical PM10 Season Day” during 2011 by approximately 800

lbs/day and approximately 4,300 lbs/day, respectively. 2014 PM10 Maintenance Plan at 10, 12

(Table 4-1).

Second, the 2014 PM10 Maintenance Plan cites the Health District’s street sanding and 

sweeping program as a source of significant emissions reductions in Truckee Meadows. PM10

emissions from street sanding and sweeping are generated directly from application of traction 

control material (i.e., sand, salt, and chlorides) and indirectly from increased silt loading on 

paved streets. Motor vehicle traffic grinds and re-entrains the material into the ambient air. 2014

PM10 Maintenance Plan at 11. The Health District adopted Regulation 040.031, “Street Sanding 

Operations,” and Regulation 040.032, “Street Sweeping Operations,” to limit PM10 emissions 

from street standing and sweeping activities throughout the urbanized portions of Washoe 

County south of Township 22N, which includes the cities of Reno and Sparks. See 2014 PM10

Maintenance Plan at 11; 2002 PM10 Attainment Plan at 12-16.
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These regulations require, among other things, that municipalities: (1) use a harder and 

cleaner type of sand on paved roads following snow storms; (2) reduce the sand application rate 

by 50 percent compared to 1999 rates; (3) remove the sand within four days after a storm event;

and (4) only purchase new sweepers that are PM10 certified. The EPA approved District 

Regulations 040.031 and 040.032 as revisions of the Nevada SIP in 2006, making them 

permanent and enforceable for the purposes of CAA section 107(d)(3)(E)(iii). 71 FR 14386

(March 22, 2006). According to the 2014 PM10 Maintenance Plan, District Regulations 040.031 

and 040.032 reduced PM10 emissions in the Truckee Meadows area on a “typical PM10 Season 

Day” during 2011 by approximately 1,600 lbs/day. 2014 PM10 Maintenance Plan at 11, 12

(Table 4-1).

Third, the 2014 PM10 Maintenance Plan cites District Regulation 040.030, “Dust 

Control,” as another source of significant emissions reductions in Truckee Meadows. District 

Regulation 040.030 limits emissions of fugitive dust from a variety of dust generating activities, 

including, but not limited to, public or private construction; mining; processing of sand, gravel, 

or dirt; and operation and use of unpaved parking facilities. See section A of District Regulation 

040.030. Specifically, District Regulation 040.030 establishes (1) stabilization requirements for 

unpaved parking lots/staging areas, unpaved haul/access roads, and open, vacant, or disturbed 

areas, and open storage piles; (2) work practice requirements for bulk material hauling, and 

spillage, carry-out, erosion and/or trackout; and (3) dust control permit requirements for dust 

generating activities. The EPA approved District Regulation 040.030 as a revision of the Nevada 

SIP in 2007 making it permanent and enforceable for the purposes of CAA section 

107(d)(3)(E)(iii). 72 FR 25969 (May 8, 2007). According to the 2014 PM10 Maintenance Plan, 

District Regulation 040.030 reduced PM10 emissions in the Truckee Meadows area on a “typical 
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PM10 Season Day” during 2011 by approximately 400 lbs/day. 2014 PM10 Maintenance Plan at 

11, 12 (Table 4-1).

The 2014 PM10 Maintenance Plan also provides an analysis of economic and 

meteorological conditions in Washoe County during the 1990 to 2011 period to demonstrate that 

the emission reductions in the Truckee Meadows area did not result from temporary reductions 

(e.g., economic downturns or shutdowns) or unusually favorable meteorology. According to the 

plan, demographic and economic indicators such as population, full-time employment, total 

industry earnings, and VMT demonstrated steady, positive growth during this period. See 2014

PM10 Plan at 13, Table 4-2 (“Washoe County Demographic and Economic Indicators (1990-

2011)”). For example, during the 1990-2011 period in Washoe County, growth in several key 

economic indicators (i.e., population 64%, full-time employment 41%, total industry earnings

158%, and VMT19 86%) coincided with improved air quality. Id. With respect to meteorological 

conditions, the 2014 PM10 Maintenance Plan presents data from the 1990-2011 period that 

indicate that wintertime precipitation, wind speed, and barometric pressure levels fluctuated 

above and below historic averages throughout that period. Id. at 14-16. 

Thus, we find that the improvements in PM10 air quality during the 1990-2011 period 

resulted from implementation of permanent and enforceable control measures that significantly 

reduced PM10 emissions in the Truckee Meadows area, rather than from temporary emission 

reductions or unusually favorable meteorology. During the 2011 PM10 season, implementation of 

these SIP-approved measures reduced daily PM10 emission levels by approximately 68 percent, 

indicating that these SIP control measures countered the emissions increases that otherwise 

 19 The VMT data in this table are expressed in miles per day and represent only the Truckee Meadows portion of 

Washoe County. See 2011 PM10 Maintenance Plan at 13, Table 4-2 (“Washoe County Demographic and Economic 

Indicators (1990-2011)”). 
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would have occurred due to steady growth in the area during this period. As such, we find that

the criterion for redesignation in CAA section 107(d)(3)(E)(iii) has been met.

D. The Area Has a Fully-Approved Maintenance Plan, Including a Contingency Plan, Under 

CAA Section 175A

Section 107(d)(3)(E)(iv) of the CAA requires the EPA, in order to approve a 

redesignation to attainment, to fully approve a maintenance plan for the area as meeting the 

requirements of section 175A of the Act. Section 175A sets forth the elements of a maintenance 

plan for areas seeking redesignation from nonattainment to attainment. We interpret this section 

of the Act to require, in general, the following core elements:

• An attainment emissions inventory to identify the level of emissions in the area sufficient 

to attain the NAAQS;

• A demonstration of maintenance of the NAAQS for at least 10 years after redesignation;

• Provisions for continued operation of an air quality monitoring network;

• Provisions to verify continued attainment; and

• Contingency provisions that the EPA deems necessary to assure that the state will 

promptly correct any violation of the NAAQS that occurs after redesignation of the area. 

See Calcagni Memo at 7-12. We discuss below how each of these core elements is addressed in 

the 2014 PM10 Maintenance Plan.

1. Attainment Inventory

A maintenance plan for the PM10 standard must include an inventory of emissions of 

PM10 in the area to identify a level of emissions sufficient to attain the PM10 NAAQS.20 This 

 20 PM10 precursor emissions may also be required depending upon the contribution of secondarily-formed 

particulate matter to ambient PM10 concentrations. As discussed above, a 1988 DRI study concluded that the PM10

contribution from precursors (i.e., ammonium nitrates and ammonium sulfates) was very small (i.e., approximately 
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inventory must be consistent with the EPA’s most recent guidance on emissions inventories for 

nonattainment areas available at the time and should represent emissions during the time period 

associated with the monitoring data showing attainment. The inventory must also be 

comprehensive, including emissions from stationary sources, area sources, nonroad mobile 

sources and on-road mobile sources, and must be based on actual emissions during the 

appropriate season or episode, if applicable. See CAA section 172(c)(3). EPA's primary 

guidance for developing PM10 emissions inventories is a document titled, “PM10 Emissions 

Inventory Requirements,” EPA-454/R-94-033 (September 1994).

The 2014 PM10 Maintenance Plan provides an emissions inventory of actual emissions 

from all direct PM10 sources within Truckee Meadows on an average day during the winter 

season during year 2011. See table 2 below. The WCAQMD developed this inventory based on

the methods and assumptions presented in detail in the WCAQMD’s 2011 Periodic Emissions 

Inventory (November 2012), with the following adjustments: 

• Paved road fugitive dust was re-calculated based on the most recent VMT estimates 

provided by the Regional Transportation Commission of Washoe County (RTC) and the 

most recent version of EPA emission factors published in AP-42,

21 section 13.2.1 

(“Paved Roads”), dated January 2011, whereas the corresponding estimates in the 2011 

Periodic Emissions Inventory relied on earlier VMT estimates and an earlier version of 

AP-42 section 13.2.1 (dated November 2006);

 5-6%) compared to the contributions of other direct PM10 sources in Truckee Meadows. As such, we find that the 

absence of PM10 precursors from the attainment inventory in the 2014 PM10 Maintenance Plan to be acceptable. 21 AP-42, Compilation of Air Pollutant Emission Factors, is a document published by the EPA as the primary 

collection of EPA approved emission factor information. The emission factors have been developed and compiled 

from source test data, material balance studies, and engineering estimates.
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• Unpaved road fugitive dust was re-calculated based on the most recent VMT estimates 

provided by the RTC and updated silt loading factors; and

• On-road mobile source emissions (combustion, brake and tire wear) were re-calculated 

based on the most recent VMT estimates provided by the RTC and a different traffic 

demand model.

In addition to showing the estimated actual emissions in 2011, table 2 below also the 

baseline maintenance plan inventory used by the 2014 PM10 Maintenance Plan to demonstrate 

maintenance through 2030. The only difference between the 2011 actuals and the maintenance 

plan baseline is in the wildfire source category. An unusually high number of wildfires occurred 

during the winter of 2011, which greatly increased the contribution of wildfires to the overall 

2011 PM10 inventory, and thus, for the purposes of developing a baseline attainment inventory 

for maintenance plan purposes, the WCAQMD replaced the actual PM10 emissions from 

wildfires in 2011 with the average of wildfire emissions from the four previous inventory years 

(1999, 2002, 2005, and 2008). 2014 PM10 Maintenance Plan at 25. We find that adjustment to be 

reasonable. Even with the adjustment for wildfires, over 85 percent of direct PM10 emissions is 

attributed to nonpoint sources. 

Table 2 - Truckee Meadows 2011 Winter-Season Emission Inventory for Direct PM10

(lbs/day)

Category Subcategory

Estimated 

Actual

Emissions

Maintenance 

Plan Baseline

Point Sources All 25 25

Nonpoint Sources: Fuel Combustion 111 111

Residential Wood Combustion 5,888 5,888

Construction a 460 460

Non-Construction Industrial 

Processes

929 929
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Paved Roads - Fugitive Dust 1,453 1,453

Paved Road - Sanding and 

Salting

339 339

Unpaved Roads - Fugitive Dust 2,623 2,623

Wildfires 10,947 21

All Other Nonpoint 61 61

Subtotal - Nonpoint 22,812 11,885

Non-road Mobile All 606 606

Onroad Mobile All 1,183 1,183

Totals 24,626 13,700 a

 Construction-related emissions represents a sum of several different types of construction. 

One such type, road construction (178 lbs/day), is included in the motor vehicle emissions 

budget (MVEB) discussed in section V.D.6 of this proposed rule (along with paved road 

fugitive dust, unpaved road fugitive dust, and on-road mobile sources).

Source: 2014 PM10 Maintenance Plan, appendix C.

Totals may not add up due to rounding. 

The EPA believes that the selection of 2011 as the attainment year inventory is 

appropriate given that it represents emissions from an attainment year and the year for which the 

most recent emissions inventory information was available at the time of preparation of the 

maintenance plan. Moreover, preparation of a seasonal (winter) inventory in this instance is 

appropriate given that winter is typically the season when the highest ambient PM10

concentrations are monitored in Truckee Meadows. We find that the WCAQMD’s 2011

emissions inventory for direct PM10 is based upon reasonable assumptions and methodologies, as 

described in the 2014 PM10 Maintenance Plan and 2011 Periodic Emissions Inventory,

22 and that

the inventory is comprehensive, current and accurate. We therefore propose to approve the

 22 The WCAQMD’s 2011 Periodic Emissions Inventory, dated November 2012 and submitted to the EPA for 

purposes of meeting the AERR requirements, provides significant detail regarding the assumptions and 

methodologies used to develop the 2011 PM10 inventory used in the 2014 PM10 Maintenance Plan. The 2011 

Periodic Emissions Inventory also includes emissions inventories for VOCs, NOx, SOx, and ammonia. AERR 

requires state, local and tribal agencies to collect and submit emissions data for criteria pollutants to EPA’s 

Emissions Inventory System. 
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inventory of actual emissions in 2011 as meeting the requirements of CAA section 172(c)(3) and 

find the 2011 inventory, as adjusted to discount 2011 wildfire emissions, acceptable for use in 

demonstrating maintenance of the PM10 standard in the future.

2. Maintenance Demonstration

Section 175A of the CAA requires a demonstration of maintenance of the NAAQS for at 

least 10 years after redesignation. A state may generally demonstrate maintenance of the 

NAAQS by either showing that future emissions of a pollutant or its precursors will not exceed 

the level of the attainment inventory, or by modeling to show that the future anticipated mix of 

sources and emission rates will not cause a violation of the NAAQS. See Calcagni Memo at 9-

11.

The 2014 PM10 Maintenance Plan demonstrates that the Truckee Meadows area will 

maintain the PM10 NAAQS through 2030 by comparing the adjusted 2011 attainment inventory

(also referred to as the maintenance plan baseline) against the projected emissions for 2015, 

2020, 2025, and 2030. See 2014 PM10 Maintenance Plan at 26-28 (Tables 6-4 and 6-5) and 

Appendix C (“Truckee Meadows Projected PM10 Seasonal Emissions (lbs/day)”). Using the 

adjusted 2011 emissions inventory as a baseline and appropriate growth factors described in 

appendix B of the 2014 PM10 Maintenance Plan, the WCAQMD projected emissions inventories 

for 2015, 2020, 2025, and 2030. These projections were based on Washoe County’s forecasts of 

population, employment, and VMT (see 2014 PM10 Maintenance Plan at appendix B, table B-2), 

consistent with the forecasts used by the local metropolitan planning organization (MPO); the 

EPA nonroad and on-road emissions models (i.e., NONROAD2008a and MOVES2010a) that the 

WCAQMD used to calculate the 2011 emissions inventory; and a survey of RWC activities that 

the WCAQMD conducts at least once every three years. See 2014 PM10 Plan at appendix B
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(“Growth Factors for 2015, 2020, 2025, and 2030 Projections”). The WCAQMD’s projected PM10

emission levels for 2015, 2020, 2025, and 2030 are shown in table 3. 

Table 3 - Truckee Meadows PM10 Maintenance Plan Projections for 2015, 2020, 2025, and 

2030 (average winter day, lbs/day)

Category

Maintenance 

Plan Baseline -

2011 2015 2020 2025 2030

Point Sources 25 28 32 37 42

Nonpoint Sources 11,885 11,510 11,379 11,361 11,512

Non-road Mobile 606 501 386 328 307

Onroad Mobile 1,183 953 839 828 883

Totals 13,700 12,992 12,637 12,554 12,744

Source: 2014 PM10 Plan at 27, Table 6-4.

Despite expected growth in the area, the maintenance plan’s projected PM10 emissions in 

Truckee Meadows for 2015, 2020, 2025, and 2030 are below the 2011 maintenance inventory of 

13,700 lbs/day. The downward trend in PM10 emissions reflects the offsetting effects of the 

WCAQMD’s RWC program and the gradual replacement over time of older motor vehicle and 

nonroad equipment with newer models that are designed to meet more stringent emissions 

standards than had applied to the older models. Based on our review, we find that the methods, 

growth factors, and assumptions used by the WCAQMD to project emissions to 2015, 2020, 

2025 and 2030 levels are reasonable. Given that the projections (summarized in table 3 above) 

show future emissions in 2015, 2020, 2025, and 2030 to be below those in 2011 (and that reflect 

attainment conditions), we find that the projections provide an adequate basis to demonstrate 

maintenance of the PM10 standard within Truckee Meadow through 2030. Also, as described 

further in section V.D.6 of this document, the WCAQMD has chosen to include “safety margins” 

in the motor vehicle emissions budgets for 2015 (708 lbs/day), 2020 (1,063 lbs/day), 2025 (1,146 

lbs/day), and 2030 (955 lbs/day), but we find that the overall emissions projections, including the 
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safety margins, continue to demonstrate maintenance because they do not exceed the emissions 

in 2011, and thus, the safety margins are consistent with maintenance through 2030.

Section 175A requires that the EPA approve a plan providing for maintenance in the area 

for at least ten years after redesignation. If this redesignation becomes effective in 2015, the 

projected 2030 inventory demonstrates that Truckee Meadows will maintain the PM10 NAAQS 

for more than 10 years beyond redesignation. Moreover, the projected emissions inventories for 

2015, 2020, and 2025, i.e., milestone years between the attainment inventory and the 

maintenance plan horizon year, sufficiently demonstrate that Truckee Meadows will maintain the 

standard throughout the period from redesignation through 2030. As such, the EPA concludes

that the 2014 PM10 Maintenance Plan adequately demonstrates maintenance of the standard 

through 2030.

3. Monitoring Network

Continued ambient monitoring within an area is required over the maintenance period. 

See Calcagni Memo at 11. In the 2014 PM10 Maintenance Plan, the WCAQMD indicates its 

intention to continue to operate an air quality monitoring network consistent with 40 CFR part 58 

to verify the attainment status. 2014 PM10 Maintenance Plan at 29. The plan also notes that 

Washoe County’s PM10 monitoring network will be reviewed annually pursuant to 40 CFR 58.10

to ensure the network meets the monitoring objectives defined in 40 CFR part 58, appendix D.

As discussed above in section V.A, the WCAQMD operates an EPA-approved air quality 

monitoring network. The WCAQMD obtains funding to meet the requirements of part 58 

primarily from CAA section 105 grants and from the Nevada Department of Motor Vehicles. For 

these reasons, we find that the 2014 PM10 Maintenance Plan provides adequately for continued 

ambient PM10 monitoring through the maintenance period.
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4. Verification of Continued Attainment

Each state should ensure that it has the legal authority to implement and enforce all 

measures necessary to attain and maintain the NAAQS, including the acquisition of ambient and 

source emission data to demonstrate attainment and maintenance, pursuant to CAA sections 

110(a)(2)(B) and (F). See Calcagni Memo at 11. The NDEP and the WCAQMD have the legal 

authority to implement and enforce the requirements of the 2014 PM10 Maintenance Plan. This 

includes the authority to adopt, implement and enforce any emission control contingency 

measures determined to be necessary to correct PM10 NAAQS violations. As noted above, to 

implement the maintenance plan, the WCAQMD will continue to monitor PM10 levels in 

Truckee Meadows. The WCAQMD will also continue to use three existing mechanisms to track 

emissions levels to screen for significant increases in actual PM10 emissions. 

First, the WCAQMD will continue to prepare and submit to the EPA comprehensive 

periodic PM10 emissions inventories on a triennial schedule. Second, the WCAQMD will 

continue to submit regular updates of stationary and area sources within Washoe County, 

consistent with the requirements of EPA’s Consolidated Emissions Reporting Rule (CERR) and 

AERR. Finally, the WCAQMD remains committed to conducting its residential wood use 

surveys at least once every three years, to estimate the number of devices (fireplaces, 

woodstoves, and pellet stoves), amounts of wood burned, and PM10 emissions from these 

activities in Washoe County. See 2014 PM10 Maintenance Plan at 29-30.

We find that the WCAQMD’s commitments to verify continued attainment of the PM10

NAAQS through continued ambient air monitoring and emissions tracking are acceptable.

5. Contingency Plan
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Section 175A(d) of the CAA requires that maintenance plans include such contingency 

provisions as the EPA deems necessary to promptly correct any violations of the NAAQS that 

occur after redesignation of the area. These contingency measures are distinguished from those 

generally required for nonattainment areas under section 172(c)(9) in that they are not required to 

be fully adopted measures that will take effect without further action by the state. However, the 

contingency plan is an enforceable part of the SIP and should ensure that the contingency 

measures are adopted expeditiously once they are triggered by a specified event. The

maintenance plan should clearly identify the measures to be adopted, a schedule and procedure 

for adoption and implementation, and a specific timeline for action by the state. Contingency 

provisions should also identify indicators or triggers which will be used to determine when the 

contingency measures need to be implemented. The EPA evaluates contingency measures on a 

case-by-case basis.23 Calcagni Memo at 12, 13.

The 2014 PM10 Maintenance Plan contains a contingency plan that is triggered upon a 

violation of the PM10 standard, that requires the WCAQMD to make certain recommendations to 

the Health District within a certain time period after the triggering event, and that commits the 

Health District to adopting and implementing such recommendations as promptly and 

expediently as possible, but not later than the next PM10 (i.e., winter) season. 2014 PM10

Maintenance Plan at 30-32.

More specifically, the contingency plan is triggered when any monitor operated by the 

WCAQMD records a violation of the PM10 NAAQS, as defined by 40 CFR part 50, Appendix K

 23 Section 175A(d) also requires contingency provisions to include a requirement that the state will implement all 

measures with respect to the control of the air pollutant concerned which were contained in the SIP for the area 

before redesignation of the area to attainment. In this case, no SIP measures for the control of PM10 in Truckee 

Meadows are being rescinded or relaxed, and thus, the contingency provisions in the 2014 PM10 Maintenance Plan 

need not address this requirement.
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(i.e., when the expected number of exceedances at the monitoring site during the calendar year is 

greater than one).

24 If the contingency plan is triggered, the WCAQMD will provide 

recommendations for implementation of specific contingency measures to the Washoe County 

District Board of Health (referred to herein as the “Health District.”). The recommendations

must occur at the next regularly scheduled meeting but no later than 45 days after the violation. 

The recommendations will include a timeline for adoption and implementation as expeditiously

as possible, but no later than the next PM10 season (November, December, and January). The 

WCAQMD maintains a list of potential contingency measures, focusing on significant PM10

emission sources, for recommendation in such events. Table 4 presents the WCAQMD’s current 

list of potential contingency measures.

Table 4 - 2014 PM10 Maintenance Plan Contingency Measures

Category Potential Contingency Measure

Paved Streets  Increase stringency of street sanding and sweeping 

programs

 Improve unpaved shoulders

 Transportation control measures to reduce VMT

Unpaved Streets  Improve unpaved streets and shoulders

 Post speed limits to decrease vehicle speeds

 Restrict access to decrease Average Daily Trips and VMT

Dust Control  Phased mass grading

 Mass grading allocation system

 Stabilize projects during PM10 season

 Decrease one acre dust control permit exemption

Residential Wood 

Combustion 

 Increase one acre lot size exemption

 Mandatory curtailment at lower PM10 concentrations

 24 An exceedance is defined as a daily value that is above the level of the 24-hour standard (i.e., 150 μg/m3

) after 

rounding to the nearest 10 μg/m3 (i.e., values ending in 5 or greater are to be rounded up).
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 Change-out program to clean burning device

Mobile Sources 

(Diesel)

 Non-road diesel engine repowers and rebuilds

 Non-road diesel tailpipe controls (i.e., filters and catalysts)

 Truck Stop Electrification systems for heavy-duty vehicles

 More stringent heavy-duty diesel vehicle idling limits 

 Fleet modernization

 More stringent inspection & maintenance program of 

light-duty, medium-duty, and heavy-duty vehicles

Source: 2014 PM10 Plan at 32, Table 6-7, “Potential PM10 Contingency Measures.”

To address changes in growth and technology, which may alter the effectiveness of 

different measures over time, the WCAQMD will conduct a triennial review and reprioritization 

of these potential contingency measures in coordination with the periodic PM10 emissions 

inventory. See 2014 PM10 Plan at 31. The WCAQMD will notify EPA Region 9 within 30 days 

of implementation of a contingency measure. Id.

In addition to the contingency plan described above, the maintenance plan identifies a 

SIP-approved program that serves as an automatically triggered measure when 24-hour PM10

concentrations reach or are predicted to reach “Stage 1” levels (154 μg/m3

). Specifically, District 

Regulation 050.001, “Emergency Episode Plan,” is a SIP-approved program that requires the 

WCAQMD to take certain actions when 24-hour PM10 concentrations reach or are predicted to 

reach “Stage 1” levels such as: (1) implementing procedures to notify the public of potential 

health problems; (2) prohibiting all open and prescribed burning; (3) prohibiting the use of 

permitted incinerators, crematoriums, and pathological incinerators; (4) prohibiting the use of 

solid fuel burning devices; and (5) activating control plans for the largest PM10 sources in 

Washoe County. 2014 PM10 Maintenance Plan at 11. As such, implementation of District 

Regulation 050.001 acts to reduce the chances that the contingency plan set forth in the 2014 

PM10 Maintenance Plan will be triggered.
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Based on our review of the contingency provisions in the 2014 PM10 Maintenance Plan, 

as described above, we find that they are adequate to ensure that the Health District will 

promptly correct any violation of the PM10 NAAQS that occurs after redesignation, as required 

by CAA section 175A(d).

6. Transportation Conformity and Motor Vehicle Emissions Budgets

Transportation conformity is required by section 176(c) of the CAA. Our transportation 

conformity rule (codified in 40 CFR part 93, subpart A) requires that transportation plans, 

programs and projects conform to SIPs and establishes the criteria and procedures for 

determining whether or not they do so. Conformity to the SIP means that transportation activities 

will not produce new air quality violations, worsen existing violations, or delay timely 

attainment of the NAAQS. In this context, “transportation activities” refers to plans, programs, 

and projects affecting the road network (paved and unpaved) and the public transit system in 

nonattainment areas and in former nonattainment areas that have been redesignated to attainment

(commonly referred to as “maintenance” areas.).

PM10 maintenance plan submittals must specify the maximum emissions of 

transportation-related PM10 emissions25 allowed in the last year of the maintenance period, i.e., 

the motor vehicle emissions budgets (MVEBs). (MVEBs may also be specified for additional 

years during the maintenance period.) The MVEBs serve as a ceiling on emissions that would 

result from an area’s planned transportation system. The MVEB concept is further explained in 

 25 Transportation-related emissions of volatile organic compounds (VOC) and/or oxides of nitrogen (NOx) 

emissions must also be specified in PM10 areas if the EPA or the state finds that transportation-related emissions of 

one or both of these precursors within the nonattainment area are a significant contributor to the PM10 nonattainment

problem and has so notified the metropolitan planning organization (MPO) and the U.S. Department of 

Transportation (DOT), or if the applicable SIP revision or SIP revision submittal establishes an approved or 

adequate budget for such emissions as part of the RFP, attainment or maintenance strategy. 40 CFR 

93.102(b)(2)(iii). Neither of these conditions apply to Truckee Meadows.
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the preamble to the November 24, 1993, transportation conformity rule (58 FR 62188). The 

preamble describes how to establish MVEBs in the SIP and how to revise the MVEBs if needed.

The maintenance plan submittal must demonstrate that these emissions levels, when 

considered with emissions from all other sources, are consistent with maintenance of the 

NAAQS. In order for us to find these emissions levels or “budgets” adequate and approvable, the

submittal must meet the conformity adequacy provisions of 40 CFR 93.118(e)(4) and (5). For 

more information on the transportation conformity requirement and applicable policies on 

MVEBs, please visit our transportation conformity Web site at:

http://www.epa.gov/otaq/stateresources/transconf/index.htm. EPA’s process for determining

adequacy of a MVEB consists of three basic steps: (1) Notifying the public of a SIP submission; 

(2) providing the public the opportunity to comment on the MVEB during a public comment

period; and, (3) making a finding of adequacy or inadequacy. The process for determining the 

adequacy of a submitted MVEB is codified at 40 CFR 93.118(f).

On January 19, 2010, the EPA announced the availability of the Truckee Meadows 2009 

PM10 Maintenance Plan with MVEBs (for 2009, 2013, 2018, and 2020) and of a 30-day public

comment period on the EPA’s Adequacy Web site at: 

http://www.epa.gov/otaq/stateresources/transconf/currsips.htm. The comment period for this

notification ended on February 19, 2010, and the EPA received no comments from the public. 

Later that year, the EPA found the MVEBs from the 2009 PM10 Maintenance Plan adequate for 

transportation conformity purposes. 75 FR 27776 (May 18, 2010). 

The 2014 PM10 Maintenance Plan contains PM10 MVEBs for Truckee Meadows for 

2015, 2020, 2025, and 2030. The MVEBs are the on-road mobile source primary PM10 emissions 

inventory plus a safety margin for the Truckee Meadows nonattainment area for 2015, 2020, 
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2025, and 2030. The MVEBs in the 2014 PM10 Maintenance Plan are presented in table 5 below. 

The derivation of the MVEBs is discussed on page 28 of the 2014 PM10 Maintenance Plan and 

further described below. 

Table 5 - 2014 PM10 Maintenance Plan Motor Vehicle Emissions Budgets 

(average winter day, lbs/day)

Budget Year PM10

2015 5,638

2020 6,088

2025 6,473

2030 6,927

Source: 2014 PM10 Maintenance Plan at table 6-6, page 28.

The WCAQMD developed the MVEBs in the 2014 PM10 Maintenance Plan by using the 

on-road motor vehicle emission inventory factors in MOVES2010b and AP-42 and recent 

vehicle activity data from TransCAD, a travel demand model used by the RTC, which is the 

MPO for the area. The components of the MVEBs are shown in table 6 and are comprised of 

direct on-road mobile source emissions, road construction emissions, fugitive emissions from 

paved and unpaved roads, and safety margins. 

Table 6 - Source Categories and direct PM10 Emissions Comprising the Motor 

Vehicle Emissions Budgets (lbs per day, average winter day) in the 2014 PM10 Plan

Category 2015 2020 2025 2030

Diesel Idling 7 4 1 1

Paved Road - Fugitives 1,414 1,517 1,627 1,736

Unpaved Road - Fugitives 2,380 2,479 2,688 3,174

Road Construction 183 189 185 180

On-road Motor Vehicles a 946 835 825 880

Safety Margin 708 1,063 1,146 955

Totals 5,638 6,088 6,473 6,927 a On-road Motor Vehicles includes directly emitted PM10 from combustion and also 

reflects tire and brake wear.

Source: 2014 PM10 Maintenance Plan at table 6-6, page 28.
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A state may choose to apply a safety margin under our transportation conformity rule so 

long as such margins are explicitly quantified in the applicable plan and are shown to be 

consistent with attainment or maintenance of the NAAQS (whichever is relevant to the particular 

plan). See 40 CFR 93.124(a). As shown in table 7 below, each safety margin was calculated by 

subtracting a future inventory from the 2011 maintenance inventory. Also, see table 6-5 in the 

2014 PM10 Maintenance Plan. The safety margins equal the difference between the projected 

level of overall PM10 emissions in Truckee Meadows in each of the maintenance years and the 

2011 maintenance inventory. Each safety margin, when combined with its corresponding futureyear inventory, is consistent with continued maintenance of the PM10 NAAQS through 2030. 

Table 7 - Calculation of Safety Margins (lbs/day)

2015 2020 2025 2030

2011 Maintenance Inventory 13,700 13,700 13,700 13,700

Future-Year Inventory 12,992 12,637 12,554 12,744

Safety Margin 708 1,063 1,146 955

Source: 2014 PM10 Maintenance Plan at table 6-5, page 28.

With respect to the 2014 Plan and related MVEBs, we have evaluated the budgets against 

our adequacy criteria in 40 CFR 93.118(e)(4) and (5) as part of our review of the budgets' 

approvability and are completing the adequacy review of these budgets concurrent with our final 

action on the 2014 Plan.26 The details of the EPA’s evaluation of the MVEBs for compliance 

with the budget adequacy criteria of 40 CFR 93.118(e) are provided in the TSD for this proposed 

rulemaking. On September 10, 2015, the EPA announced the availability of the 2014 Plan with 

 26 Under the Transportation Conformity regulations, the EPA may review the adequacy of submitted motor vehicle 

emission budgets simultaneously with the EPA's approval or disapproval of the submitted implementation plan. 40 

CFR 93.118(f)(2).
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MVEBs and a 30-day public comment period. This announcement was posted on EPA's 

Adequacy Web site at: http://www.epa.gov/otaq/stateresources/transconf/reg9sips.htm#nv. 

The EPA is proposing to approve the MVEBs for 2015, 2020, 2025 and 2030, shown in 

table 5 above, as part of our approval of 2014 PM10 Maintenance Plan. The EPA has determined 

that the MVEB emission targets are consistent with emission control measures in the SIP and are 

consistent with maintenance of the PM10 standard in Truckee Meadows through 2030.27 As noted 

above, we found the MVEBs (for years 2009, 2013, 2018, and 2020) in the 2009 PM10

Maintenance Plan to be adequate for transportation purposes, and those are the PM10 MVEBs in 

effect for transportation conformity purposes today. If we finalize today’s action, as proposed, 

the PM10 MVEBs (for years 2015, 2020, 2025, and 2030) from the 2014 PM10 Maintenance Plan 

would replace the PM10 MVEBs previously found adequate. Any and all comments on the 

adequacy and approvability of the MVEBs in the 2014 PM10 Maintenance Plan should be 

submitted during the comment period stated in the DATES section of this document. 

7. Conclusion

Based on the review presented above of the various elements of the state’s submitted 

maintenance plan, we are proposing to approve the 2014 PM10 Maintenance Plan as a revision to

the Nevada SIP. In so doing, we find that the 2014 PM10 Maintenance Plan, adopted on August

28, 2014 by the Health District and submitted by the NDEP to the EPA on November 7, 2014, 

satisfies the requirements of section 175A of the Act. If finalized as proposed, our approval of 

 27 On page 28 of the 2014 Plan, the WCAQMD explains “For years beyond 2030, the MVEB will remain at the 2030 

level of 6,927 bs/day.” This sentence refers to the fact that if the SIP does not have a budget in a particular analysis 

year, the budget established for the most recent prior year is used as described in 40 CFR 93.118(b)(ii). The 2014 

Plan does not establish budgets for any subsequent year after 2030. To avoid any ambiguity about the intent of the 

language on page 28 of the 2014 Plan, WCAQMD staff clarified that “For years beyond 2030” means “For analysis 

years beyond 2030.” See September 16, 2015 email from Daniel Inouye, WCAQMD, to John Ungvarsky, EPA 

Region 9.
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the 2014 PM10 Maintenance Plan will satisfy the criterion for redesignation under CAA section 

107(d)(3)(E)(iv).

VI. Proposed Deletion of TSP Designation for Truckee Meadows

A. General Considerations

Consistent with CAA section 107(d)(4)(B), we have considered the continued necessity 

for retaining the remaining TSP area designation in Nevada, and as discussed below, we have 

decided that the TSP nonattainment designation for Truckee Meadows (HA #87) is no longer 

necessary. As a result, we are proposing to delete it from the TSP table in 40 CFR 81.329.

To evaluate whether the TSP area designation should be retained or can be deleted, we 

have relied upon the final rule implementing the PM10 NAAQS (see 52 FR 24634, July 1, 1987), 

a policy memorandum on TSP redesignations (see memo dated May 20, 1992 from Joseph W. 

Paisie, Acting Chief, SO2/Particulate Matter Programs Branch, EPA Office of Air Quality 

Planning and Standards, to Chief, Air Branch, Regions I-X, entitled “TSP Redesignation 

Request”), and our proposed and final rules establishing maximum allowable increases in 

concentrations (also known as “increments”) for PM10 (see the proposed rule at 54 FR 41218, 

October 5, 1989, and the final rule at 58 FR 31622, June 3, 1993).

Based on the above references, we believe that the relevant considerations for evaluating 

whether the necessity of retaining the TSP area designations depend upon the status of a given 

area with respect to TSP and PM10. For areas that are nonattainment for TSP but attainment for 

PM10, we generally find that the TSP designations are no longer necessary and can be deleted 

when the EPA (1) approves a state’s revised PSD program containing the PM10 increments, (2) 

promulgates the PM10 increments into a state’s SIP where the State chooses not to adopt the 
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increments on their own, or (3) approves a state’s request for delegation of PSD responsibility 

under 40 CFR section 52.21(u). See 58 FR 31622, at 31635 (June 3, 1993). 

For areas that are nonattainment for TSP and nonattainment for PM10, an additional 

consideration is whether deletion of the TSP designations would automatically relax any 

emissions limitations, control measures or programs approved into the SIP. If such a relaxation 

would occur automatically with deletion of the TSP area designations, then we will not delete the 

designations until we are satisfied that the resulting SIP relaxation would not interfere with any 

applicable requirement concerning attainment, reasonable further progress (RFP), or 

maintenance of the NAAQS or any other requirement of the Clean Air Act in the affected areas. 

See section 110(l) of the Act.

In the case of Truckee Meadows, we believe that the considerations for both types of 

areas described above are relevant because, although Truckee Meadows Valley is nonattainment 

for TSP and PM10, we are proposing to redesignate the area to attainment for PM10 in today’s 

action. Thus, we must take into account both the potential for relaxation that would be 

inconsistent with continued maintenance of the PM10 NAAQS as well as protection of the PM10

increments (as applies in areas designated attainment or unclassifiable).

B. Deletion of TSP Nonattainment Area Designation for Truckee Meadows

With respect to protection of the PM10 increments, the TSP nonattainment designation is

no longer necessary in Truckee Meadows because, even though the WCAQMD does 

not currently have an approved PSD program, if the EPA finalizes the actions in today's 

proposed rulemaking, the federal PSD requirements under 40 CFR 52.21 (including the PM10

increments) will apply to new major sources or major modifications to existing major sources of 

PM10. See 40 CFR 52.1485(b). The WCAQMD administers the PSD pre-construction permit 
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program in 40 CFR 52.21 within Washoe County except for coal-fired power plants, which fall 

under the jurisdiction of NDEP. Both the WCAQMD and the NDEP administer the PSD permit 

program in 40 CFR 52.21 under delegation agreements with the EPA.

To ensure that deletion of the TSP nonattainment designation for Truckee Meadows

would not result in any automatic relaxations in SIP emissions limitations, control measures or 

programs that would interfere with attainment, RFP or maintenance of the NAAQS (including 

PM10) or any other requirement of the Act, we reviewed the following portions of the Nevada 

SIP:

 The TSP portions of the Truckee Meadows Air Quality Implementation Plan (AQIP) 

adopted in response to the CAA, as amended in 1977;

 Washoe County stationary source rules, including section 040.005 (“Visible Air 

Contaminants”), section 040.010 (“Particulate Matter”), section 040.020 (“Dust and 

Fumes”), section 040.030 (“Dust Control”), section 040.031 (“Street Sanding 

Operations”), section 040.032 (“Street Sweeping Operations”), section 040.035 (“Open 

Fires”), section 040.040 (“Burning Permit Conditions”), section 040.045 (“Refuge

Disposal”), section 040.050 (“Incinerator Emissions”), section 040.051 (“Wood 

Stove/Fireplace Insert Emissions”), and section 040.060 (“Sulfur Content of Fuel”).

Based on our review of the TSP provisions in the Truckee Meadows AQIP and the 

various rules cited above, we find that none are contingent upon continuation of the TSP 

nonattainment designation, and thus deletion of the TSP designation would not automatically 

relax any standard. 

In summary, because upon redesignation the PSD PM10 increments will apply in Truckee 

Meadows and because the deletion of the TSP nonattainment designation for Truckee Meadows
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would not automatically relax any emissions limitation or control measure in the Nevada SIP, we 

find that the TSP nonattainment designation is no longer necessary and can be deleted. Based on 

the above discussion and evaluation, therefore, we are proposing to delete the TSP nonattainment 

area designation for Truckee Meadows (HA #87) from the “Nevada-TSP” table in 40 CFR 

81.329.28

VII. Proposed Actions and Request for Public Comment

Under CAA section 110(k)(3), and for the reasons set forth above, the EPA is proposing 

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 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 proposing to approve the motor 

vehicle emissions budgets in the 2014 PM10 Maintenance Plan (and shown in table 5 above) 

because we find they meet the applicable adequacy criteria under 40 CFR 93.118(e).

In addition, under CAA section 107(d)(3)(D), we are proposing to approve 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 

 28 Because the TSP area designation for Truckee Meadows is the last such designation for the State of Nevada in 40 

CFR 81.329, we will delete the entire TSP table in 40 CFR 81.329 if we finalize our proposed deletion of the TSP 

area designation for Truckee Meadows.
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on September 

18, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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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 propose to 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, or will be as part of this action, 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 if we finalize our approvals of the BACM 

demonstration in the 2002 PM10 Attainment Plan and the attainment inventory in the 2014 PM10

Maintenance Plan, as proposed herein; and that Truckee Meadows will have a fully approved 

maintenance plan meeting the requirements of CAA section 175A if we finalize our approval of 

it, also as proposed herein.

In connection with the above proposed approvals and determinations, and as authorized 

under CAA section 189(e), we are proposing to determine that major stationary sources of PM10

precursors do not contribute significantly to PM10 exceedances in the Truckee Meadows area

based on the information in the 1988 DRI Report and more recent inventory and speciation data 

available from the WCAQMD.

Lastly, the EPA is proposing to delete the nonattainment area designation for Truckee 

Meadows for the revoked national standard for total suspended particulate because we have 

concluded that the designation is no longer necessary.29

 29 If we finalize the proposed approval of the redesignation request for Truckee Meadows to attainment for the PM10

standard and the proposed deletion of the TSP area designation for Truckee Meadows, as proposed, then all areas 

within the State of Nevada will be designated attainment or unclassifiable for all of the current NAAQS for 

particulate matter (i.e., PM10 and PM2.5). At that point, the EPA’s finding at 40 CFR 52.1476(a)(“The requirements 

of subpart G of this chapter are not met since the plan does not provide for the attainment and maintenance of the 

national standards for particulate matter in the Northwest Nevada and Nevada Intrastate Regions.”), promulgated at 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on September 

18, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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We are soliciting comments on these proposed actions. We will accept comments from 

the public on this proposal for 30 days following publication of this proposal in the Federal 

Register. We will consider these comments before taking final action.

VIII. 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 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, EPA’s role is to approve 

state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, these

actions merely propose to approve a State plan and redesignation request as meeting Federal 

requirements and do not impose additional requirements beyond those imposed by state law. For 

these reasons, these proposed 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);

• 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.);

 

37 FR 10842, 10879 (May 31, 1972), will become obsolete, and therefore, we intend to delete 40 CFR 52.1476(a) if 

we finalize this proposed rule, as proposed.
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• Do not contain any unfunded mandate or significantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 

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 Clean Air Act; 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 for which the EPA is proposing approval 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 proposed 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, the EPA has contacted the Reno-Sparks Indian Colony

and invited them to consult on today’s action. The Reno-Sparks Indian Colony, which consists of 

members of three Great Basin Tribes – the Paiute, the Shoshone, and the Washo – and which has 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on September 

18, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

65

Indian country within the Truckee Meadows air quality planning area because the Indian country 

within the Truckee Meadows area would be redesignated to attainment along with State lands if 

the EPA were to finalize the proposed rules, as set forth herein.

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.

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

________________ ______________________

Dated Jared Blumenfeld

Regional Administrator,

Region IX.