Jared Blumenfeld , Regional Administrator, EPA Region 9 signed the following proposed rule on September 18 , 201 5 , 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 propose d 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

- 201 5

- 0 63 3

.

1 Billing Code: 6560

- 50

- P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [ EPA
- R09
- OAR
- 201 5
- 0633 ; FRL
- ]
PM 10 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 (PM 10 ) within Truckee Meadows. The second revision is a plan that provides for the maintenance of the national ambient air quality standard for PM 10 in Truckee Meadows through
2030 , includes an emissions inventory consistent with attainment, and establishes m otor vehicle emissions budgets

. In connection wi th these proposed approvals, t he EPA is proposing to determine that major stationary sources of PM 10 precursors do not contribute significantly to elevated PM 10 levels in the area

. Also, b ased in part on the proposed approval s of the BACM demonstration and maintenance plan and proposed determination regarding PM 10 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 PM 10 standard. Lastly, the EPA is propos ing to delete the area designation for Truckee Meadows for the revoked national ambient air qualityThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

2 standard for total suspended particulate (TSP)

. The EPA is proposing these actions because the SIP revision s 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 [I NSERT DATE 30 DAYS AF TER DATE OF PUBLICATION IN THE FEDERAL REGISTER ]

. ADDRESSES : Submit your comments, identified by Docket ID Number EPA

- R09

- OAR

- 201 5

- 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 duri ng 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 id entified 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 k now 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 yourThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

3 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 informa tion 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 (AIR

2), 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 Submittal s III. Procedural Requirements for Adoption and Submittal of SIP Revisions
I V . Clean Air Act Requirements for Redesignation to Attainment
V

. Evaluation of the State’s Redesignation Request for Truckee Meadows
A. The Area has Attained t he PM 10 NAAQSThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

4 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 PM 10 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 Budge t s 7

. Conclusion
V I . Proposed Deletion of TSP Designation for Truckee Mea dowsThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

5 A. General Considerations B. Deletion of TSP Nonattainment Area Designation for Truckee Meadows
V I I

. Proposed Action s and Request for Public Comment
V I I I . Statut ory 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 dio xide, photochemical oxidant, sulfur dioxide, and particulate matter 1

. The NAAQS are set at concentrations intended to protect public health and welfare. The original NAAQS for particulate matter w ere 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 particu late matter is referred to as “ total suspended particulate ” or TSP. Within nine months of promulgation of the original NAAQS , each s tate 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 submitt ed 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 stationa ry 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 (SO x ), nitrogen oxides (NO x ), and volatile organic compounds (VOC). The chemica l and physical properties of particulate matter vary greatly with time, region, meteorology, and source category. SO x , NO x , and VOC are referred to as PM 10 precursors. As discussed later in this proposed rule, precursor emissions do not contribute signific antly to elevated ambient PM 10 concentrations in Truckee Meadows.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

6 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 di d 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, s tates were to make recommenda tions 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 s tate 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, ”
in cluding Truckee Meadows 2 (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 s tates 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 Mea dows, 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 borde red 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 a verage 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 trap ped 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 automo bile 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).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

7 a prescribed period of time, revisions to correct certain deficiencies. 46 FR 21758 (April 14, 1981). In 1982, we found that the s tate 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 wit h the “ PM 10 ” indicator. 52 FR 24634 (July 1, 1987).
PM 10 refers to particles with an aerodynamic diameter less than or equal to a nominal 10 microns. At that time, EPA established two PM 10 standards: A 24

- hour standard of 150 micrograms per cubic meter (μ g /m 3 ) and an annual standard of 50 μ g/m 3

. 4 We indicated in the preamble to our regulations implementing the then

- new PM 10 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 PM 10 NAAQS and once the E PA had promulgated PM 10 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
PM 10 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 attaini ng the PM 10 NAAQS (based on existing TSP data) of at least 90%. Group I areas were required to submit SIP revisions that contain full PM 10 control strategies including a demonstration of attainment. 52 FR 24672, at 24681 (July 1, 1987).

4 In 2006, the EPA retained the 24

- hour PM 10 standard but revoked the annual PM 10 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 PM 10 NAAQS. 78 FR 3086 (January 15, 2013). See 40 CFR 50.6 (“Nationa l primary and secondary ambient air quality standards for PM 10 ”).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

8 We identified the L as 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 PM 10 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
PM 10 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 PM 10 by operation of law. 56 FR 11101 (March 15, 1991). Truckee Meadows was initially classified as a

“ M oderate ” PM 10 nonattainment area with an applicable attainme nt date of December 31, 1994, but despite improvements in ambient particulate conditions, Truckee Meadows was later reclassified by operation of law to “ S erious” upon the EPA’s determination that the area had failed to attain the standard by the “ M oderate” area attainment date (i.e., based on ambient PM 10 data for the 1992

- 1994 period)

. 66 FR 1268 (January 8, 2001). States with “ S erious ” PM 10 nonattainment areas were required under the CAA, as amended in 1990, to submit revisions to their SIPs to, among oth er things, demonstrate attainment of the PM 10 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 PM 10 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 b ased on ambient PM 10 data for the 2007

- 2009 period

. 76 FR 21807 (April 19, 2011).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

9 The 1990 Act Amendments also provided for the continued transition from TSP to PM 10 . 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
purpos es 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 n ecessary for that purpose. ” Section 166(f) of the 1990 amended Act authorizes the EPA to replace the TSP increments with
PM 10 increments, and in 1993, the EPA promulgated the PM 10 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 PM 10 increments negates the need for the TSP attainment or unclassifiable area designations to be retained. We also indicated that we would delete such TSP de signations 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 PM 10 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 a lso 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, Administrato r, 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 s even of the TSP nonattainment area designations and are proposing to delete the one for Truckee Meadows herein.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

10 (April 16, 2013). In July 2014, we deleted the TSP nonattainment area designation for Las Vegas Valley, and i n today’s proposed rule, we are proposing to delete the TSP nonattainment area designation for Truckee Meadows

. II. The State’s Submittal s The Nevada Division of Environmental Protection (NDEP) is the state agency with overall responsibility for the Nevada SIP and is the design ate d agency for submitting SIPs and SIP revisions to the EPA for app roval. T he 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 N DEP. 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 appro val

. 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 M e adows in response to the area’s classificatio n as a “Moderate” nonattainment area for PM 10 under the Clean Air Act Amendments of 1990 . On April 15, 1991 , the NDEP submitted certain District regulations intended to reduce PM 10 emissions in Truckee Meadows to the EPA . O n October 30, 1991, the state submitted “ Nevada State Implementation Plan for the Truckee Meadows Air Basin , Particulate Matter (PM 10 ) ” (“ 1991 PM 10 Attainment Plan”) , a PM 10 plan for the Truckee Meadows area to address the requirements in CAA sectionThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

11 189(a) for “M oderate ” PM 10 nonattai nment areas. Th e 1991 PM 10 Attainment P lan included a demonstration that the attainment deadline for the Truckee Meadows moderate nonattainment area ( December 31, 1994 ) w as not practicably achievable , and carried forward the District regulations that had b een submitted previously on April 15, 1991

. On March 7, 1994, the NDEP submitted amended District r egulations that w ere intended to address deficiencies th at th e EPA had identified through its review of the regulations submitted in April 1991 and the 1991 PM 10 Attainment Plan submitted in October 1991

. As noted above, in 2001, the EPA reclassifi ed the Truckee Meadows area to “S erious ” nonattainment for the PM 10 NAAQS , triggering the requirement for a new attainment plan, and

o n August 5, 2002, the NDEP sub mitted a PM 10 plan for Truckee Meadows to address the requirements in CAA section 189(b) for “S eri ous ” PM 10 nonattainment areas. See “Revisions to the Nevada Particulate Matter ( PM 10 ) State Implementation Plan for the Truckee Meadows Air Basin,” August 2002 (“2002 PM 10 Attainment Plan”)

. Generally, e ach subsequent air quality plan builds upon the foundation established by earlier plans, and , in this instance, the 2002 PM 10 Attainment Plan built upon and superseded the earlier “Moderate” area plans. Th e 2 002 PM 10 Attainment P lan include d an analysis of BACM for the Truckee Meadows area and regulations to control PM 10 emissions from all significant PM 10 sources identified in that BACM analysis

– i.e., street sanding and sweeping operations, fugitive dust

- generating activities, an d residential wood combustion. The District Regulations submitted as part of the 2002 PM 10 Attainment Plan superseded those that had been submitted in April 1991 and those submitted in March 1994. The EPA has approved the vari ous District reg ulations submitted in connection with the 2002 PM 10 Attainment Plan , but has not otherwise taken action on the “M oderate ” or “S erious ” area attainment plans

.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

12 In 2009, based on ambient PM 10 monitoring data showing that the area had attained the
PM 10 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 PM 10 standard. See “ Redesignation Request and Mai ntenance Plan for the Truckee Meadows 24

- Hour PM 10 Non

- Attainment Area,” May 28, 2009 (“2009 PM 10 Maintenance Plan”)

. Th e 2009 PM 10 Maintenance Plan include d motor vehicle emissions budgets (MVEBs) for the Truckee Meadows area , and th e EPA found that MVEBs for PM 10 contained in the 2009 PM 10 Maintenance Plan were adequate for transportation conformity purposes. 75 FR 27776 (May 18, 2010). The WCAQMD subsequently revised the 2009 PM 10 Maintenance Plan in response to the EPA’ s review of the plan , and o n November 7, 2014, the NDEP submitted a new maintenance plan, “ Redesignation Request and Maintenance Plan for the Truckee Meadows 24

- Hour PM 10 Non

- Attainment Area,” August 28, 20 14 (“2014
PM 10 Maintenance Plan” or “Plan”) for EPA approval

. Th e 2014 PM 10 Maintenance Plan supersedes the 2009 PM 10 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 approv e the 2014 PM 10 Maintenance Plan , including the emissions inventory , maintenance demonstration, and related MVEBs

. Additionally , we are proposing to approve the BACM demonstration from the 2002 PM 10 Attainment Plan but consider the rest of the 2002 PM 10 Attainment Plan to be superseded by the
2014 PM 10 Maintenance Plan

. III. Procedural Requirements for Adoption and Submittal of SIP RevisionsThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

13 Section 110(l) of the CAA requires s tates 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 PM 10 Maintenance Plan as a revision to the Nevada SIP. The 20 14 PM 10 Maintenance Plan cont ains 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 t he Healt h District published a n otice of the availability of the draft 2014 PM 10 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 . F ollowing adoption by the Health Distric t on August 28, 20 14 , the Health District forwarded the 20 14 PM 10 Maintenance P lan 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 PM 10 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 Dist rict on July 26 , 2002, the Health District forwarded the 2002 PM 10 Attainment Plan to the NDEP, which then submitted the SIP revision
to the EPA for approval

. Thus, w e find that both the 20 14 PM 10 Plan and the 2002 PM 10 Plan satisf y the procedural requirements of section 110(l) of the Act for revising SIPs.
I V . Clean Air Act Requirements for Redesignation to Attainment The CAA establishes the requirements for redesignating a nonattainment area to attainment. Specifically, section 10 7(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 underThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

14 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 enforce able 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 P lanning and Standards , September 4, 1992 ( “ Calcagni Memo ” ); “P art 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, 1 994 ( “ Nichols M emo ” ) ; and “ State Implementation Plans for Serious PM 10 Nonattainment Areas, and Attainment Date Waivers for
PM 10 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) (“ PM 10 Addendum”). For the reasons set forth below in sectio n V of this document, we are proposing to
approve the NDEP's request for redesignation of the Truckee Meadows nonattainme nt area to attainment fo r the PM 10 NAAQS based on our conclusion that all of the criteria under CAA section 107(d)(3)(E) have been satisfied.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

15 V. Evaluation of the State’s Redesignation Request for Truckee Meadows
A. The Area Has Attained the PM 10 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 PM 10 NAAQS. As noted above, in 2011 (76 FR 21807, April 19, 2011), the EPA determined that Truckee Meadows had attained the PM 10 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 PM 10 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 o f 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 PM 10 standard is attained when the expected number of days per calendar year w ith 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/m 3 ) after r ounding to the nearest 10 μg/m 3 ( i.e., values ending in 5 or greater are to be rounded up). Thus, a recorded value of 154 μg/m 3 would not be an exceedance since it would be rounded to 150 μg/m 3 whereas a recorded value of 155This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

16 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 PM 10 . See 40 CFR part 50, appendix K. A complete y ear 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.
T he WCAQMD currently operate s five SLAMS within the Truckee Meadows PM 10 nonattainment area , but operated six such stations over most of the 2012

- 2014 period. The locations of the five current PM 10 monitors in Truckee Meadows are as follows. In the City of Reno, the “Reno3” monitoring site is located in dow ntown 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 o f 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. I n the City of Sparks, the “Sparks” monitoring site is located al ong a paved parking lot about half a mile north of Interstate 80. The sixth monitoring site, the “Gal l etti” 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 il lustrated in figure 2

- 1 in the 2014 PM 10

μg/m 3 would be an exceedance since it would be rounded to 160 μg/m 3

. 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 mi d

- 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 l etter from Meredith Kurpius, Manage r, Air Quality Analysis Office, EPA Region IX, to Daniel Inouye, Chief, Monitoring and Planning, WCAQMD, April 22, 2015.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

17 Maintenance Plan, and are described in more detail in “ Washoe County Health District, Air Quality Management Division, 201 5 Ambient Air Monitoring Network Plan, ” s ubmitted to EPA Region IX July 1, 201 5. All of the P M 10 monitor sites operate on a daily schedule using continuous monitors. Id. at 3

. Despite the closure of the “Galletti” site, t he WCAQMD PM 10 network continues to meet minimum monitoring requirements per appendix D to 40 CFR part 58

. WCAQMD reports the PM 10 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 mos t 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 quality

assured. See, e.g., letter dated April 30, 2015, from Daniel Inouye, Branch Chief, Monitoring and Planning, WCAQMD, to Jared Blumenfeld, Regional Administrator, EPA Region I X , “Re: CY2014 Ambient Air Monitoring Data Certification.” Table 1 provides the highest measured PM 10 concentrations and the number of expected exceedances in Truckee Meadows during the 2010

- 2014 period

. T able 1 shows generally that Truckee Meadows has con tinued to attain the PM 10 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, W CAQMD, October 2 9, 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.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

18 attainment requires a more detailed examination of the data for the most recent three

- year period.
F or the pu rposes of this action, we are focus ing our evaluation on the most recent three

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

- 2014.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

19 Table 1
- Monitored PM 10 Concentrations and Expected Exceedances (2010

– 2014) Monitoring site name and AQS number Maximum 24

- hour (μg/m 3 ) 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 PM 10 standard. * The exceedance occurred on S e ptember 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 e xceedance 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 val id for NAAQS comparison purposes.Jared Blumenfeld , Regional Administrator, EPA Region 9 signed the following proposed rule on September 18 , 201 5 , 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 propose d 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

- 201 5

- 0 63 3

.

20 For the 2012

- 2014 period, with one exception, the A QS database contains complete, quality

- assured and certified data from the six PM 10 monitoring sites operating during this per iod 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 tha t the data from the “Galletti” site, while incomplete in one quarter of one year of the 2012

- 2014 period, remain valid for PM 10 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 PM 10 NAAQS at the “Galletti” si te 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) PM 10 data for the six PM 10 monitoring sites, we find that the expected number of days per calendar year with a n exceedance is less than 1.0 at all six sites over the most recent three

year period (2012

- 2014). See table 1 above. Preliminary data for calendar year 2015 indicate that there has been only one measured exceedance of the PM 10 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 le tter from Meredith Kurpius, Manager, Air Quality Analysis Office, EPA Region IX, to Daniel Inouye, Chief, Monitoring and Planning, WCAQMD, April 22, 2015 , page 2.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

21 2015 data is consistent with continued attainment

. As such, we find that Truckee Meadows is attaining the PM 10 standard and ther eby 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
Se ction 110(k) of the CAA
S ection 107(d ) ( 3 ) ( E ) (ii) and (v) require the EPA to determine that the area has a full y approved applicable SIP under section 110(k) that meets all applicable requirements under section 110 and part D for the purposes of redesignati on. 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

. Se e 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 unde r 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 eleme nts 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 requirement s 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 s tate 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;This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

22 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.
W e 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 reques t. Requirements that apply regardless of the designation of any particular are a in the s tate are not applicable requirements for purposes of redesignation, and the s tate 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 t he 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 o n applicability of the conformity SIP r equirement (i.e., for redesignations )

. See discussion in 75 FR 36023, 36026 (June 24, 2010) (proposed rule to redesignate Coso Junction, California, to a ttainment for the PM 10 NAAQS) and related citations

. On numerou s 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 enforceableThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

23 emission limitations; requires monitoring, compiling and analyzing of ambient air quality data; requires preconstruction review of new or modified stationary sources; provides fo r adequate funding, staff, and associated resources necessary to implement its requirements; and provides the necessary assurances that the s tate maintains responsibility for ensuring that the CAA requirements are satisfied in the event that the Health Dis trict 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 PM 10 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 PM 10 nonattainment areas. Subpart 1 contains general requirements for all nonattainment areas of any pollutant, including PM 10 , 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 ,

con tingency 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 PM 10 nonattainment areas. The requirements set forth in CAA section 189(a), (c), and (e) apply specifically to “Moderate” PM 10 nonattainment areas and include, in relevant pa rt: (1) p rovisions for implementation of reasonably avail able control measures (RACM); ( 2 ) quantitative milestones demonstrating RFP toward attainment by the ap plicable 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

.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

24 requirements applicable to major stationary sources of PM 10 also apply to major stationary sources of PM 10 precursors except where the EPA has determined that such sources do not contribute significantly to PM 10 levels that exceed the NAAQS in the area. Under CAA section 189(b), “Serious” PM 10 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 PM 10 . In addi tion, under CAA section 189(d), “Serious” PM 10 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 PM 10 standard, and fr om the date of such submission until attain ment , for an annual reduction in PM 10 within the area of no t 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 P M 10 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 cont a ined 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 PM 10 standard since the EPA’s 2011 determination of attainment, which was based on 2007

- 2009 data, and we are specifica lly 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 submittalThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

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

e valuating 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 as sociated 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 purp oses 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 eligi ble 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 (A pril 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 a ssociated 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 pub lished 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 app ly to the Truckee Meadows area upon the effective date of redesignation to attainment for the PM 10 standard. For an other rulemaking action citing the “clean data policy” in the context of evaluating a redesignation request of a PM 10 nonattainment area unde r CAA section 107(d)(3)(E)(v), see 75 FR 360 23, at 360 27 (June 24, 2010) and 75 FR 54031 (September 3, 2010) (proposed and final r edesignation for Coso Junction, California). See also , 40 CFR 51.918

.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

26 “applicable requirements” in the r edesignation context. See Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004)

. The remaining applicable part D requirements for serious PM 10 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 PM 10 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 PM 10 under section 189(b)(1)(B); (4) control requirements for major stationary sources of PM 10 precursors under se ction 189(e), except where the EPA determines that such sources do not contribute significantly to PM 10 levels which exceed the sta ndard 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 1 72(c)(3) of the Act requires the s tate 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 satisfi ed by the inventory requirement of the maintenance plan. See 57 FR 13 498 at 13564 (April 16, 1992). In this action, the EPA is proposing to approv e the 20 11 attainment inventor y submitted in the 20 14 PM 10 Maintenance Plan as meeting the emission inventory requirement under secti on 172(c) (3)

. See discussion below in section V .D.1

. b. Permits for New and Modified Stationary SourcesThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

27 S ections 172(c)(5) and 189(a)(1)(A) of the CAA require the s tate 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 attainm ent in the nonattainment area. For “Mod erate” PM 10 areas that are reclassified as “Serious,” such as Truckee Meadows, the “major source” threshold is reduced from 100 to 70 tons per year of PM 10 . The process for reviewing permit applications and issuing permits for new major sources or major mo difications 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 sour ces; however, t he EPA has not approved District regulations specifically meeting the NSR requirements of sections 172(c)(5) and 189(a)(1)(A). However, t he 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 s tate’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; s ee also the more detailed explanations in the following redesignation rulemakings: Detroit, Michigan (60 FR 12467

- 12468, March 7, 1996); Cleveland

Akron

- Lorrain, Ohio (61 FR 2 0458, 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).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

28 T he demonstration of maintenance of the standard in the 20 14 PM 10 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 PM 10 Maintenance Plan. Thus, we find that the maintenance demonstration for the Truckee Meadows PM 10 nonatt ainment area does not rely on a n NSR program , and th at th e area need not have a fully

- approved nonattainment NSR program prior to approval of the PM 10 redesignation request

. O nce Truckee Meadows has been redesignated to attainment, t he requirements of the PSD program set forth at 40 CFR 52.21 will apply with respect to PM 10 (PSD already applies with respect to the other pollutants in Truckee Meadows). See 40 CFR 52.1485. Thu s, new major sources of PM 10 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 wi thin 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 beThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

29 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 “S erious ” PM 10 nonattainment area that the s tate submit provisions to assure that BACM for the control of PM 10 will be implemented no later than four years after the date the area is classified (or re classified) as a “S erious ” area. The
PM 10 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 PM 10 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 statu t e 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 an a ly s is of the att ainment needs of the “Serious” area. PM 10 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 a chievable for a source or source category, which is det ermined 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 “S erious ” PM 10 nonattainmen t area unless the s tate adequately demonstrates that a particular source category does not contribute significantly to nonattainment of the PM 10 standard

. See i d. at 42011, 42012. The PM 10 Addendum discusses the following steps for determining BACM:This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

30 • Inventory the sources of PM 10 and PM 10 precursors 14 and d etermine which source categories are significant;

• Evaluate alternative control techniques and their technological feasibility; and e valuate the costs of control measures or their economic feasibility.
See PM 10 Addendum , at 42012

- 42014. BACM must be applied to each significant (i.e., non

- de minimis) source category. PM 1 0 A ddendum at 42011. In guidance, we have established a presumption that a “significant” source category is one that contributes 5 μg/m 3 or more of PM 10 to a location of a violation of the 24

- hour standard. PM 1 0 A ddendum 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. Specifical ly, 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 enfor ceable 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 PM 10 Attainment Plan. The first step in the BACM analysis is to develop a detailed emissions inventory of PM 10 sources and source categories that can be used in modeling to de termine their impact on ambient air quality. PM 10 A ddendum at 42012. The second step is to use this inventory in air quality modeling to evaluate the impact on PM 10 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 docum ent, we find that PM 10 precursors (NO x , SO x , and VOC) do not significantly impact ambient PM 10 concentrations in Truckee Meadows.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

31 T he 20 02 PM 10 Attainment Plan contains a detailed inventory of direct PM 10 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/m 3 ) into source category components, as follows:

• Paved streets/reentrained dust /street sanding ( 142 μg/m 3 )

• Residential wood combustion ( 36 μg/m 3 )

• Fugitive dust from construction activities ( 15 μg/m 3 )

• S tationary/ i ndustrial p rocesses ( 9 μg/m 3 )

• Mobile on

- road ( 4 μg/m 3 )

• Mobile non - road ( 3 μg/m 3 )

• Unpaved s treets ( 2 μg/m 3 )

• Other f uel c ombustion and m iscellaneous Area (2 μg/m 3 )

• Charbroilers (1 μg/m 3 ) 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/m 3 or more to the exceedance: (1) p aved streets/reentrained dust /street sanding, (2) r esidential wood combustion , (3) f ugitive dust from construction activities , and (4) other s tationary/ i ndustrial
p rocesses . 15 We believe that t he 2002 PM 10 Attainment Plan presents an acceptable m ethodol o gy to evaluate the impact of various PM 10 sour ces and source categories on PM 10 levels and to derive a co mprehensive list of significant source categories.

15 The s tationary /industrial p rocesses 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 a ppendix B of the 2002 PM 10 Attainment Plan

.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

32 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 PM 10 control, as well as PM 10 plans and measures from other “S erious ” PM 10 areas in the United States. The WCAQMD also evaluated controls proposed during public
comment , sought input from work groups (e.g ., Road Sanding and Sweeping Worki ng 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 s ection V of the 2002 PM 10 Attainment Plan. We believe that, based on the description of the process in the 2002 PM 10 Attainment Plan, the WCAQMD ap propriately screened the list of candidate BACM to eliminate certain measures and appropriately identified and evaluated potential BACM for the Truckee Meadows area c onsistent with our guidance.
S ince 1988, the Health District has adopted and strengthened a number of regulations to reduce PM 10 emissions from the significant source categories in Truckee Meadows. See 2002
PM 10 Attainment Plan at 10

- 17. The District PM 10 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 the m to assure implementation of BACM. See id. Each of the Health District re gulations 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:This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

33 • 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 In sert 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 con clusion that they cover all significant PM 10 source categories in the Truckee Meadows nonattainment area , we propose
approv al of the WCAQMD ’s demonstration in Section V (“Control Strategies”) of the 2002
PM 10 Attainment Plan as satisfying the requirement to assure implementation of BACM under CAA section 189(b)(1)(B). 17
d. Control Requ irements for PM 10 Precursors

16 On August 22, 2013, the WCAQMD amended r egulation 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 PM 10 Maintenance Plan does not rely on emissions red uctions 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 PM 10 season (November, December, and January). See 2014 PM 10 Maintenance Plan at Appendix C (“Truckee Meadows Projected PM 10 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.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

34 Section 189(e) of the CAA requires that the control requirements applicable under part D (of title I of the C AA) for major stationary sources of PM 10 also apply to major stationary sources of PM 10 precursors, except where the EPA determines that such sources do not contribute significantly to PM 10 levels which exceed the standard in the area. In general, a major stationary source in a PM 10 “S erious ” area includes any stationary source that emits, or has the potential to emit, 70 tons per year of PM 10 . The 1991 PM 10 Attainment P la n concluded that major stationary sources of PM 10 precursors do not contribute significantly to PM 10 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 PM 10 in Truckee Meadows. In its February 1988 report, PM 10 Sourc e 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 PM 10 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 PM 10 contribution from precursors (i.e., ammo nium 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 ma terials (e.g., road dust, sand/salt used for deicing). We also note that more recent stationary source inventory data and ambient PM 2.5 speciation data for Truckee Meadows continue to support the WCAQMD’s 1991 conclusion regarding the (less

- than

- significa nt) contribution to elevated ambient PM 10 concentrations from major stationary sources of PM 10 precursors. First, based on the 2011 Periodic EmissionsThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

35 Inventory , there are no stationary sources in Truckee Meadows that emit more than 100 tons per year of NO x or SO 2 , 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 PM 10 based on the averages for the five highest PM 10 measurement s collected during the winter of 2013 at the Reno3 monitoring site (which is the only site operated by the WCAQMD with speciation capability).
B ased on the DRI R eport and the more recent inventory and monitoring data , we propose to make the finding authoriz ed under CAA section 189(e) and to determine that major sources of
PM 10 precursor emissions d o not contribute significantly to PM 10 levels which exceed the standard in the Truckee Meadows area

.

e. Transportation Conformity Under the Clean Air Act, as amended in 1990, s ection 176(c) of the CAA require d the

s tate s 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 conformit y 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
pr ojects (“general conformity”). In 200 5 , Congress amended section 176(c), and under the amended conformity provisions, s t ates are no longer required to submit conformity SIPs for “general conformity,” a nd the conformity SIP requirements for “transportation conformity” haveThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

36 been reduced to incl ude only those relating to consultation, enforcement and enforceability . CAA section 176(c)(4)(E). On July 31, 1995, t he NDEP submitted the general and transportation conformity procedures and criteria for Truckee Meadows as a revision to the Nevada SIP

. G iven the 2005 amendments to the CAA, the NDEP has withdrawn the earlier conformity SIP submittal , and on
M arch 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, t he 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 re quired 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 b ased on our proposed approval of the 20 11 emissions inventory submitted as part of the 20 14 PM 10 Maintenance Plan (see section V.D.1 of this doc ument) , our proposed approval of the BACM demonstration submitted as part of the 2002 PM 10 Attainment Plan , and in light of our proposed determination that major stationary sources of PM 10 precursors do not contribute significantly to PM 10 exceedances in the

area, we find that that the s tate has met all requirements applicable to the Truckee Meadows
PM 10 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
EmissionsThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

37 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 a ir quality is due to perm anent 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.
PM 10 levels in Truckee Meadows are driven primarily by direct PM 10 emissions from re entrained dus t from paved roads, residential wood combustion, fugitive dust from construction activities , and emissions from industrial sources

. See 2002 PM 10 Attainment Plan at 7 ; and appendix C to the 2014 PM 10 Maintenance Plan. The peak PM 10 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, b ecause 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. 20 14 PM 10 Maintenance Plan at 1 3

. The 20 14 PM 10 Maint enance Plan describes long

- term air quality improvements implemented in the Truckee Meadows area during the 199 9 to 20 11 time frame

. Th e improvement s 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 PM 10 control measures

. T he Plan describe s th e significant source categories of PM 10 emissions in the Truckee Meadows area and the S IP

- approved regulations that have significantly reduced PM 10 emissions from these andThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

38 other emission sources

. According to the 2014 PM 10 Maintenance Plan, SIP

- approved regulations collectively reduced daily PM 10 emissions from residential wood combustion and street sanding and sweeping, and construction activities during t he 20 11 PM 10 season by approximately 68 percent

. See table 4

- 1 of the 2014 PM 10 M aintenance Plan. First, the 2014 PM 10 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 S tove /Fireplace Insert Emissions ,” limits PM 10 emissions throughout Washoe County by , among other things : (1) establishing wood stove and firepla ce 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 Distric t Regulation 050.001 , “Emergency Episode Plan,” requires that the WCAQMD take certain actions when 24

- hour PM 10 concentrations reach or are predicted to reach “Stage 1” levels (154 μg/m 3 ), such as: (1) implementing procedures to notify the public of potent ial 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 fo r the largest PM 10 sources in Washoe County. 2014 PM 10 Maintenance Plan at
11. In addition, the WCAQMD implement s 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 R egulation 050.001 ) , which establishes a “Stage 1 (alert)” episode criteria level of 154 μg/m 3

. See District Regulation 040.051 at Section E.5 and Regulation 050.001 at Table 1.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

39 November throug h February and w hich 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 con d u c t an RWC survey at least once every three years to track the effectiveness of the public outreach program . The EPA has approved District Regulation s 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 o f 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 PM 10 Maintenance Plan , District Regulation s 040.051 and 050.001 (as implemented in part through the public outreach program) re duced PM 10 emissions in the Truckee Meadows area on a “typical PM 10 Season Day” during 20 11 by approximately 800 lbs/day and approximately 4,300 lbs/day, respectively. 2014 PM 10 Maintenance Plan at 10, 12 (Table 4

- 1). Second, the 2014 PM 10 Maintenance Plan cites the Health District’s street sanding and sweeping program as a source of significant emissions reductions in Truckee Meadows. PM 10 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. 20 14
PM 10 Maintenance Plan at 11

. The Health District adopted Regulation 040.031 , “Stre et Sanding Operations,” and Regulation 040.032 , “Street Sweeping Operations , ” to limit PM 10 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 20 14 PM 10 Maintenance Plan at 11 ; 2002 PM 10 Attainment Plan at 12

- 16.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

40 These regulations r equire , among other things, t hat municipalities: (1) use a harder and cleaner type of sand on pav ed 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 PM 10 certified

. The EPA approved District Regulations 040.031 and 040.0 3 2 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 PM 10 Maintenance Plan , District Regulations 040.031 and 040.032 reduced PM 10 emissions in the Truckee Meadows area on a “typical PM 10 Season Day” during 20 11 by approximately 1, 600 lbs/day . 20 14 PM 10 Maintenance Plan at 11 , 1 2 (Table 4

- 1)

. Third, the 2014 PM 10 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 fo r 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 PM 10 Maintenance Plan , District Regulation 040.030 reduced PM 10 emissions in the Truckee Meadows area on a “typicalThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

41 PM 10 Season Day” during 20 11 by approximately 4 00 lbs/day . 20 14 PM 10 Maintenance Plan at 11, 12 (Table 4

- 1)

. The 20 14 PM 10 Maintenance Plan also provides an analysis of economic and meteorological conditions in Washoe County during the 1990 to 20 11 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
p lan, demographic and economic indicators such as population, full

- time employment, total indus try earnings, and VMT demonstrated steady, posit ive growth during this pe riod. See 20 14
PM 10 Plan at 1 3 , Table 4

- 2 (“Washoe County Demographic and Economic Indicators (1990

- 20 11 )”). 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 VMT 19 86%) coincided with improved air quality

. Id. With respect to meteorological conditions, the 2014 PM 10 Maintenance Plan presents data from the 19 90

- 20 11 period that indicate that wintertime precipitation, wind speed, and barometric pressure levels fluctuated above and below historic averages throughout th at period

. Id. at 1 4

- 16

. Thus, we find that the improvements in PM 10 air quality during the 1990

- 20 11 period

resu lted from implementation of permanent and enforceable control measures that significantly reduced PM 10 emissions in the Truckee Meadows area, rather than from temporary emission reductions or unusually favorable meteorology

. During the 20 11 PM 10 season, im plementation of
t hese SIP

- approved measures reduced daily PM 10 emission levels by approximately 68 percent, indicating that the se 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 PM 10 Maintenance Plan at 13, Table 4

- 2 (“Washoe County Demographic and Economic Indicators (1990

- 2011)”).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

42 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 th e 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 c ontinued operation of an air quality monitoring network;

• Provisions to verify continued attainment; and

• Contingency provisions that the EPA deems necessa ry to assure that the s tate will promptly correct any violation of the NAAQS that occurs after redesignation of the area.
See Calcagni Memo at 7

- 12. W e discuss below how each of these core elements is addressed in the 2014 PM 10 Maintenance Plan.
1. Attainm ent Inventory A maintenance plan for the PM 10 standard must include an inventory of emissions of
PM 10 in the area to identify a level of emissions sufficient to attain the PM 10 NAAQS. 20 This

20 PM 10 precurso r emissions may also be required depending upon the contribution of secondarily

- formed particulate matter to ambient PM 10 concentrations. As discussed above, a 1988 DRI study concluded that the PM 10 contribution from precursors (i.e., ammonium nitrates and ammonium sulfates ) was very small (i.e., approximatelyThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

43 inventory must be consistent with the EP A’ 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 stationa ry sources, area sources, nonroad mobile sources and on - road mobile sources, and must be based on actual emissions during the
ap propriate season or episode, if applicable. See CAA s ection 172(c)(3)

. EPA's primary guidance for developing PM 10 emissions i nv entories is a document t itled, “ PM 10 Emissions Inventory Requirements,” EPA

- 454/R

- 94

- 033 (September 1994). The 20 14 PM 10 Maintenance P lan provides a n emissions inventory of actual emissions from all direct PM 10 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 PM 10 sources in Truckee Meadows. As such, we find that the absence of PM 10 precursors from the attainment inventory in the 2014 PM 10 Maintenance Pla n 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 d ata, material balance stud ies, and engineering estimates.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

44 • Unp aved 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 bas eline maintenance plan inventory used by the 2014 PM 10 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 unusual ly high number of wildfires occurred during the winter of 2011, which greatly increased the contribution of wildfires to the overall
2011 PM 10 inventory, and thus, for the purposes of developing a baseline attainment inventory for maintenance plan purposes, the WCAQMD repla ced the actual PM 10 emissions from wildfire s in 2011 with the average of wildfire emissions from the four previous inventory years (1999, 2002, 2005, and 2008). 2014 PM 10 Maintenance Plan at 25. We find that adjustment to be reasonable. Even with the adjus tment for wildfires, o ver 85 percent of direct PM 10 emissions is attributed to nonpoint source s .

Table 2
- Truckee Meadows 2011 Winter
- Season Emission Inventory for Direct PM 10 (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 929This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

45 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

- r oad Mobile All 606 606
On r oad Mobile All 1,183 1,183
T o tals 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 rul e (along with paved road fugitive dust, unpaved road fugitive dust, and on

- road mobile sources). Source: 20 14 PM 10 Maintenance P lan , appendix C

. Totals ma y not add up due to rounding. The EPA believes that the selection of 20 11 as the attainment year inventory is appropriate given that it represents emissions from a n 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, p reparation of a seasonal (winter) inventory in this instance is appropriate given that winter is typically the season when the highest ambient PM 10 concentrations are monitored in Truckee Meadows. We find that t he WCAQMD’s 20 11 emissions inventory for dire ct PM 10 is based upon reasonable assumptions and methodologies, as described in the 2014 PM 10 Maintenance Plan and 2011 Periodic Emissions Inventory , 22 and that the inventory is comprehensive , current and accurate

. We therefore propose to approve th e

22 The WCAQMD ’s 2011 Periodic Emissions Inventory, dated November 2012 and submitted to the EPA for purposes of meeting the AERR requirement s , provides significant detail regarding the assumptions and methodologies used to develop the 2011 PM 10 inventory used in the 2014 PM 10 Maintenance P lan. The 2011 Periodic Emissions Inventory also includes emissions inventories for VOCs, NO x , SO x , and ammo nia. AERR requires state, local and tribal agencies to collect and submit emissions data for criteria pollutants to EPA’s Emissions Inventory System.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

46 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 PM 10 standard in the future.
2. Mai ntenance Demonstration Section 175A of the CAA requires a demonstration of maintenance of the NAAQS for at least 10 years after re designation. 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 20 14 PM 10 Maintenance Plan demonstrates that the Truckee Meadows area will maintain the PM 10 NAAQS through 203 0 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 20 14 PM 10 Maintenance Plan at 2 6

- 2 8 (Table s 6

- 4 and 6

- 5) and Appendix C (“Truckee Meadows Projected PM 10 Seasonal Emissions (lbs/day)”). U sing the adjusted 20 11 emissions inventory as a baseline and appropriate growth factors described in

a ppendix B of the 2014 PM 10 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 VM T ( see 2014 PM 10 Maintenance Plan at a ppendix B, t able B

- 2) , consistent with the forecasts used by the local metropolitan planning organization ( MPO ) ; the
EPA nonroad and on

- road emissions models ( i.e., NONROAD200 8a and MO VES2 0 10a ) that the WCAQMD used to calculate the 20 11 emissions inventory ; and a survey of RWC activities that the WCAQMD conducts at least once every three years. See 20 14 PM 10 Plan at a ppendix BThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

47 ( “ Growth Factors for 2015, 2020, 2025, and 2030 Projections ” ). T he WCAQMD’s projected PM 10 emission levels for 2015, 2020 , 2025, and 2030 a re shown in t able 3

.

Table 3
- Truckee Meadows PM 10 Maintenance Plan Projections for 2015, 2020, 2025, and 2030 ( average winter day, lbs/day)

Category Maintenance Plan Baseline
- 20 11 20 15 20 20 20 25 20 3 0
Point Sources 25 28 32 37 42 Nonpoint Sources 11,885 11,510 11 , 379 11 ,3 61 11 , 512 Non

- r oad Mobile 606 50 1 386 328 307 On r oad Mobile 1,183 953 839 82 8 883 T o tals 1 3,700 12,992 12,637 12 , 554 12 , 7 44 Source: 2014 PM 10 Plan at 27, Table 6

- 4. Despite expected growth in the area, t he maintenance plan’s projected PM 10 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 PM 10 emissions reflects the offsetting effects of the WCAQMD’s RWC program and the gradual r eplacement over time of older motor vehicle and nonroad equipment with new er models that are designed to meet more stringent emissions standards than had applied to the older models . Based on our review, w e find that the meth ods , growth factors, and assump tions used by the WCAQMD to project emissions to 2015, 2020,
202 5 and 2030 levels a re reasonable

. Given that the project ion s (summarized in table 3 above) show future emission s in 2015, 2020, 2025, and 2030 to be below those in 2011 (and that reflect attai nment conditions) , we find that the project ion s provide an adequate basis to demonstrate maintenance of the PM 10 standard within Truckee Meadow through 2030. Also, as described fu r ther in section V.D.6 of this document, the WCAQMD has chosen to include “safety margins” in the moto r v e hi cle 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, incl uding theThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

48 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 maint enance in the area for at least ten years after redesignation. If this redesignation becomes effective in 201 5 , the projected 20 30 inventory demonstrat es that Truckee Meadows will maintain the PM 10 NAAQS for more than 1 0 years beyond redesignation

. Moreove r, 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 fr om redesignation through 2030. As such, the EPA conclude s that the 2014 PM 10 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 PM 10 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 attainmen t status. 2014 PM 10 Maintenance Plan at 29

. The plan also notes that Washoe County’s PM 10 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
t hese reasons, we find that the 2014 PM 10 Maintenance Plan provides adequately for continued ambient PM 10 monitoring through the maintenance period.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

49 4. Verification of Continued Attainment Each s tate 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 se ctions 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 20 14 PM 10 Maintenance Plan . This includes the authority to adopt, implement and enforce any emission control contingency measures determined to be necessary to correct PM 10 NAAQS violations. As noted above, to implement the maintenance p lan, the WCAQMD will continue to monitor PM 10 levels in Truckee Meadows. The W CAQMD will also c ontinue to use three existing mechanisms to track emissions levels to screen for significant increases in actual PM 10 emissions. First, the WCAQMD will continue to prepare and submit to the EPA comprehens ive periodic PM 10 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 year s , to estimate the number of devices (fireplaces, woodstoves, and pellet stoves), amounts of wood burned, and PM 10 emission s from these activities in Washoe County. See 20 14 PM 10 Maintenance Plan at 29

- 30

. We find that t h e WCAQMD ’s commitment s to verify continued attainment of the PM 10 NAAQS through continued ambient air monitoring and emissions tracking are acceptable

. 5. Contingency PlanThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

50 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 measure s 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 withou t further action by the state. However , the contingency plan is an enfo rceable 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 a nd 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 PM 10 Maintenance Plan contains a c ontingency plan that is triggered upon a violation of the PM 10 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 PM 10 (i.e., winter) season. 2014 PM 10 Maint enance Plan at 30

- 32. More specifically, the c ontingency plan is triggered when any monitor operated by the WCAQMD records a violation of the PM 10 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 impl ement 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 PM 10 in Truckee Meadows are being re scinded or relaxed, and thus, the contingency provisions in the 2014 PM 10 Maintenance Plan need not address this requirement.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

51 ( i.e., when the expected number of exceedances at the monitoring site during the calendar year is greater than one )

. 24 If the contingency p lan 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.”) . Th e recommendation s 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 expedi tiously
as pos sible, but no later than the next PM 10 season (November, December, and January). The WCAQMD maintains a list of potential contingency measures , focusing on significant PM 10 emission sources, for recommendation in such events. Ta ble 4 presents the WCAQMD’s current list of potential contingency measures

. Table 4
- 2014 PM 10 Maintenance Plan Contingency Measures Category Potential Contingency Measure Paved Streets  I ncrease stringency of street sanding and sweeping programs

 Improve unpaved shoulders

 Transportation control measures to reduce VMT Unpaved Streets  I mprove unpaved streets and shoulders

 P ost speed limits to decrease vehicle speeds

 R estrict access to decrease A verage D aily T rips and VMT Dust Control  Phased mass grading

 Mass grading allocation system

 Stabilize pr ojects during PM 10 season

 Decrease one acre dust control permit exemption Residential Wood Combustion  Increase one acre lot size exemption

 Mandatory curtailment at lower PM 10 concentrations

24 An exceedance is defined as a daily value that is above the level of the 24

- hour standard (i.e., 150 μg/m 3 ) after rounding to t he nearest 10 μg/m3 (i.e., values ending in 5 or greater are to be rounded up).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

52  Change

- out program to clean burnin g device Mobile Sources (Diesel)  Non

- road diesel engine repowers and rebuilds

 N on - 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: 20 14 PM 10 Plan at 3 2 , Table 6

- 7 , “Potential PM 10 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 the se potential contingency measures in coordination with the periodic PM 10 emissions inventory

. See 20 14 PM 10 Plan at 3 1

. T he 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 p lan identifies a
SIP

- approved program th at serves as an automatically triggered measure when 24

- hour PM 10 concentrations reach or are predicted to reach “Stage 1” levels (154 μg/m 3 )

. Specifically, District Regulation 050.001, “Emergency Episode Plan,” is a SIP

- approved program that requires the WCAQMD to take certain actions when 24

- hour PM 10 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, cre matoriums, and pathological incinerators; (4) prohibiting the use of solid fuel burning devices; and (5) activating control plans for the largest PM 10 sources in Washoe County. 2014 PM 10 Maintenance Plan at 11. As such, implementation of District Regulatio n 050.001 acts to reduce the chances that the contingency plan set forth in the 2014
PM 10 Maintenance Plan will be triggered.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

53 Based on our review of the contingency provisions in the 2014 PM 10 Maintenance Plan, as described above, we find that they are ade quate to ensure that the Health District will promptly correct any violation of the PM 10 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 s ection 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 wheth er 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.).
PM 10 maintenance plan submittals must specify the maximum emissions of transportation

- related PM 10 emissions 25 allow ed 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 (NO x ) emissions must also be specified in PM 10 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 PM 10 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). Nei ther of these conditions apply to Truckee Meadows.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

54 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 confo rmity 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) Noti fying 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
PM 10 Maintenance Plan wit h MVEBs (for 2009, 2013, 2018, and 2020) and of a 30

- day public comment period on the EPA’s Adequacy Web site at: htt p://www.epa.gov/otaq/stateresources/transconf/currsips.htm

. The comment period for this notification ended on February 19 , 201 0 , and the EPA received no comments from the public. Later that year, the EPA found the MVEBs from the 2009 PM 10 Maintenance Plan adequate for transportation conformity purposes. 75 FR 27776 (May 18, 2010). The 2014 PM 10 Maintenance Plan contains PM 10 MVEBs for Truckee Meadows for 2015, 2020, 2025, and 2030. The MVEBs are the on

- road mobile source primary PM 10 emissions inventory plus a safety margin for the Truckee Meadows nonattainment area for 20 15 , 202 0,This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

55 2025, and 20 30

. The MVEBs in the 2014 PM 10 Maintenance Plan are presented in table 5 below. The derivation of the MVEBs is discussed on page 28 of the 2014 PM 10 Maintenance Pla n and further de s cribed below.

Table 5
- 2014 PM 10 Maintenance Plan Motor Vehicle Emissions Budgets (average winter day, lbs/day) Budget Year PM 10 2015 5,638 2020 6,088 2025 6,473 2030 6,927 Source: 2014 PM 10 Maintenance Plan at t able 6

- 6, page 28

. The WCAQMD developed the MVEBs in the 2014 PM 10 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 c omponent s 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 PM 10 Emissions Comprising the Motor Vehicle Emissions Budgets (lbs per day, average winter day) in the 2014 PM 10 Plan Category 2015 2020 2025 203 0 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 V ehicles a 946 835 825 880 Safety Margin 708 1,063 1,146 955 T o tals 5 ,638 6,088 6,473 6,927
a On

- road Motor Vehicles includes d irect ly emitted PM 10 from combustion and also reflects tire and brake wear. Source: 2014 PM 10 Maintenance Plan at t able 6

- 6, page 28

.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

56 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)

. A s shown in t able 7 below , e ach safety margin was calculated by subtracting a future inventory from the 2011 maintenance i nventory. Also , see t able 6

- 5 in the
2014 PM 10 Maintenance P lan

. The safety margins equ al the difference between the projected level of overall PM 10 emissions in Truckee Meadows in each of the maintenance years and the
2011 maintenance inventory. Each safety margin, when combined with its corresponding future

year inventory, is consistent wi th continued maintenance of the PM 10 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 PM 10 Maintenance Plan at t able 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 pro vided 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 impleme ntation plan. 40 CFR 93.118(f)(2).This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

57 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 20 15 , 202 0, 2025 and 2030 , shown in table 5 above, as part of our approval of 2014 P M 10 Maintenance P lan. 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 PM 10 standard in Truckee Meadows through 2030. 27 As noted above, we found the MVE Bs (for years 2009, 2013, 2018, and 2020) in the 2009 PM 10 Maintenance Plan to be adequate for transportation purposes, and those are the PM 10 MVEBs in effect for transportation conformity purposes today. If we finalize today’s action, as proposed, the PM 1 0 MVEBs (for years 2015, 2020, 2025, and 2030) from the 2014 PM 10 Maintenance Plan would replace the PM 10 MVEBs previous ly found adequate

. Any and all comments on the adequacy and approvability of the MVEBs in the 2014 PM 10 Maintenance Plan should be submi tted 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 s tate’s submitted maintenance plan, we are proposing to approv e the 20 14 PM 10 Maintenance Plan as a revision to the Nevada SIP. I n so doing, we find that the 2014 PM 10 Maintenance P lan, adopted on August 28, 20 14 by the Health District and submitted by the NDEP to the EPA on November 7 , 20 14 , satisfies the requirements of section 175A of the Act. I f finalized as proposed , o ur 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 a nalysis year, the budget established for the most recent prior year is used as described in 40 CFR 93.118(b)(ii). Th e 2014 Plan does not establish budgets for any subsequent year after 2030. To avoid any ambiguity about the intent of the language on page 2 8 of the 2014 Plan, WCAQMD staff clarified that “For years beyond 2030” means “For analysis years beyond 2030

. ” See September 1 6 , 2015 email from Daniel Inouye, WCAQMD, to John Ungvarsky, EPA Region 9.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

58 the 20 14 PM 10 Maintenance Plan will satisf y the criterion for redesignation under CAA section 107(d)(3)(E)(iv).
V I . 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

necess ary. 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 PM 10 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 R edesignation Request”), and our proposed and final rules establishing maximum allowable increases in concentrations (also known as “increments”) for PM 10 (see the proposed rule at 54 FR 41218, October 5, 1989, and the final rule at 58 FR 31622, June 3, 199 3). 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 PM 10 . For areas that are nonattainment for TSP but attainment for
PM 10 , we generally find that the TSP designations are no longer necessary and can be deleted when the EPA (1) approves a s tate’s revised PSD program containing the PM 10 increments, (2) promulgates the PM 10 increments into a s tat e’s SIP where the State chooses not to adopt theThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

59 increments on their own, or (3) approves a s tate’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 PM 10 , 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

m aintenance 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 , alt hough Truckee Meadows Valley is nonattainment for TSP and PM 10 , we are proposing to redesignate the area to attainment for PM 10 in today’s action. Thus, we must take into account both the potential for relaxation that would be inconsistent with continued maintenance of the PM 10 NAAQS as well as protection of the PM 10 increments (as applies in areas designated attainment or unclass ifiable). B. Deletion of TSP Nonattainment Area Designation for Truckee Meadows With respect to protection of the PM 10 increments, the TSP nonattainment designation is no longer necessary in Truckee Meadows because , even though the WCAQMD does
not current ly 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 PM 10 increments) will apply to new major sources or major modifications to existing major sourc es of
PM 10 . See 40 CFR 52.1 485(b). The W CAQMD administers the PSD pre - construction permitThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

60 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 agreement s 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
PM 10 ) 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 Impl ementation Plan (AQIP) adopted in response to the CAA, as amended in 1977 ;

 Washoe County stationary source rules, including section 040.005 (“ Visible A ir
C ontaminants”), section 040.010 (“Particulate M atter”), section 040.020 (“ Dust and
Fumes ”), section 040.030 (“ Dust Control ”), section 040.031 (“Street Sanding Operations ”), section 040.032 (“Street Sweeping Operations ”), section 0 4 0.035 (“Open Fires ”) , section 0 4 0.040 (“ Burning Permit Conditions ”) , section 0 4 0.045 (“ Refuge Disposal ”) , section 040.050 (“I ncinerator Emission s”) , section 0 4 0.051 (“ Wood Stove/Fireplace Insert Emissions ”) , and section 0 4 0.060 (“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 th e TSP nonattainment designation , and thus deletion of the TSP designation would not automatically relax any standard. In summary, because upon redesignation the PS D PM 10 increments will apply in Truckee Meadows and because the deletion of the TSP nonattainment designation for Truckee MeadowsThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

61 would not automatically relax any emissions limitation or control measure in the Nevada SIP, we find that the TSP nonattainmen t 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
V I I. Proposed Action s 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 PM 10 A ttainment Plan and the 2014 Truckee Meadows PM 10 Maintenance Plan submitted by the NDEP on November 7, 2014 as revisions of the Nevada SIP. In so doing, t he 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 PM 10 standard through 2030, and the contingency provisions describing the actions that the WCAQMD will take in the event of a future moni tored 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 PM 10 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, u nder CAA section 107(d)(3)(D), w e are proposing to approve the s tate’s request, which accompanied the submittal of the 2014 PM 10 Maintenance Plan, to redesignate the Truckee Meadows PM 10 nonattainment area to attainment for the PM 10 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 pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

62 so based on our conclusion that the area has met, or will meet as part of this action, all of the criteria for r edesignation under CAA section 107(d)(3)(E). More specifically, we propose to find that Truckee Meadows has attained the PM 10 standard based on the most recent three

- year period (2012

- 2014) of quality

- assured, certified, and complete (or otherwise validate d) PM 10 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 PM 10 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 PM 10 Attainment Plan and the attainment inventory in the 2014 PM 10 Maintenance Plan , as prop osed 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 PM 10 precursors d o not contribute significantly to PM 10 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 t hat 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 PM 10 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., PM 10 and PM 2.5 ). 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 p lan does not provide for the attainment and maintenance of the national standards for particulate matter in the Northwest Nevada and Nevada Intrastate Regions.”), promulgated atThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

63 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.
VI I I. Statutory and Executive Order Reviews Under the C AA , 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 ge ographical area and do not impose any additional regulatory requirements on sources beyond those imposed by s tate law. Redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirement s 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

s tate 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 s tate 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 int end to delete 40 CFR 52.1476(a) if we finalize this proposed rule, as proposed.This document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

64 • Do not contain any unfunded mandate or significantly or uniquely affec t 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 actio n 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
h uman health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, th e 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 no t impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). However, t he EPA has contacted the Reno

- Sparks Indian Colony and invited them to consult on today’s action. T he Reno

- Sparks Indian Colony, which consists of members of three Great Basin Tribes

– the Paiute, the Shoshone, and the Washo

– and which hasThis document is a pr epublication version signed by EPA Regional Administrator Jared Blumenfeld on September 18 , 201 5 . We have taken steps to ensure the accuracy of this version, but it is n ot the official version.

65 Indian country w ithin the Truckee Meadows air quality planning ar ea 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 poll ution 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, Wilderne ss areas. AUTHORITY: 42 U.S.C. 7401 et seq.

________________ ______________________ Dated Jared Blumenfeld Regional Administrator, Region IX.