Jared Blumenfeld, Regional Administrator, EPA Region 9 signed the following rule on November 16, 2015, and 

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

of this Internet version of the rule, it is not the official version. Please refer to the official version in a forthcoming 

FR publication, which will appear on the Government Printing Office's FDsys website 

(http://fdsys.gpo.gov/fdsys/search/home.action) and on Regulations.gov

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

Billing Code: 6560-50-P

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

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

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

Designation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

SUMMARY: The Environmental Protection Agency (EPA) is taking final action to approve two 

revisions to the Nevada state implementation plan. The first revision provides a demonstration of 

implementation of best available control measures (BACM) for control of particulate matter with 

an aerodynamic diameter less than or equal to a nominal ten micrometers (PM10) within Truckee 

Meadows. The second revision is a plan that provides for the maintenance of the national 

ambient air quality standard (NAAQS or “standard”) for PM10 in Truckee Meadows through 

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

emissions budgets. In connection with these approvals, the EPA is taking final action to 

determine that major stationary sources of PM10 precursors do not contribute significantly to 

elevated PM10 levels in the area. Also, based in part on the approvals of the BACM 

demonstration and maintenance plan and determination regarding PM10 precursors, the EPA is 

taking final action to approve the State of Nevada’s request for redesignation of the Truckee 

Meadows nonattainment area to attainment for the PM10 standard. Lastly, the EPA is taking final 

action to delete the area designation for Truckee Meadows for the revoked standard for total 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

2

suspended particulate (TSP). The EPA is taking these actions because the SIP revisions meet the 

applicable statutory and regulatory requirements for such plans and related motor vehicle 

emissions budgets and because the area meets the Clean Air Act requirements for redesignation 

of nonattainment areas to attainment.

DATES: This rule is effective on [INSERT DATE 30 DAYS AFTER DATE OF 

PUBLICATION IN THE FEDERAL REGISTER].

ADDRESSES: The EPA has established a docket for this action under Docket ID Number EPAR09-OAR-2015-0633. Generally, documents in the docket for this action are available 

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

Street, San Francisco, California. While all documents in the docket are listed at 

www.regulations.gov, some information may be publicly available only at the hard copy location 

(e.g., copyrighted material, large maps), and some may not be publicly available in either 

location (e.g., confidential business information or “CBI”). To inspect the hard copy materials, 

please schedule an appointment during normal business hours with the contact listed in the FOR 

FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: John Ungvarsky, Air Planning Office (AIR2), U.S. Environmental Protection Agency, Region IX, (415) 972-3963, 

ungvarsky.john@epa.gov.

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

to the EPA. This supplementary information section is arranged as follows:

Table of Contents

I. Proposed Actions

II. Public Comments
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

3

III. Final Action

IV. Statutory and Executive Order Reviews

I. Proposed Actions

On September 30, 2015 (80 FR 588640), under Clean Air Act (CAA or “Act”) section 

110(k)(3), the EPA proposed to approve the BACM-related portion of the submittal from the 

Nevada Division of Environmental Protection (NDEP) dated August 5, 2002 of Revisions to the 

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

Basin (August 2002) (“2002 PM10 Attainment Plan”), and the submittal from NDEP dated 

November 7, 2014 of the Redesignation Request and Maintenance Plan for the Truckee 

Meadows 24-Hour PM10 Nonattainment Area (August 28, 2014) (“2014 PM10 Maintenance 

Plan”) as revisions to the Nevada state implementation plan (SIP). In so doing, we found that the 

BACM demonstration in the 2002 PM10 Attainment Plan satisfied the BACM requirement in 

CAA section 189(b)(1)(B) and that the 2014 PM10 Maintenance Plan adequately demonstrates 

that the area will maintain the PM10 standard for 10 years beyond redesignation. We also found 

that that major stationary sources of PM10 precursors do not contribute significantly to elevated 

PM10 levels in the area. In connection with the 2014 PM10 Maintenance Plan, we found that it

includes sufficient contingency provisions to promptly correct any violation of the PM10 standard 

which occurs after redesignation and thereby meets the requirements for maintenance plans 

under CAA section 175A. We also proposed to approve the motor vehicle emissions budgets 

(MVEBs) in the 2014 PM10 Maintenance Plan because we found they meet the applicable 

transportation conformity requirements under 40 CFR 93.118(e).

In our September 30, 2015 proposed rule, under CAA section 107(d)(3)(D), we proposed 

to grant NDEP’s request to redesignate the Truckee Meadows PM10 nonattainment area from 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

4

“nonattainment” to “attainment” for the PM10 standard. We proposed to do so based on our 

conclusion that Truckee Meadows has attained the PM10 standard; that the relevant portions of 

the Nevada SIP are fully approved; that the improvement in air quality is due to permanent and 

enforceable emissions reductions; that the State of Nevada has met all of the requirements 

applicable to the Truckee Meadows PM10 nonattainment area with respect to section 110 and part 

D of the CAA; and, based on our proposed approval as described above, that the 2014 PM10

Maintenance Plan meets the requirements for maintenance plans under section 175A of the 

CAA; and that, therefore, the State of Nevada has met the criteria for redesignation under CAA 

section 107(d)(3)(E) for the Truckee Meadows PM10 nonattainment area.

We also proposed to delete the area designation for Truckee Meadows for the revoked 

NAAQS for TSP.

Please see our September 30, 2015 proposed rule for a detailed discussion of the 

background for these actions, and the rationale for approval of the 2014 PM10 Maintenance Plan, 

for granting NDEP’s request for redesignation of Truckee Meadows to attainment, and for 

deleting the TSP designation for Truckee Meadows.

II. Public Comments

Our September 30, 2015 proposed rule provided a 30-day public comment period, which 

closed on October 30, 2015. We received no comments on our proposal during this period.

III. Final Action

Under CAA section 110(k)(3), and for the reasons set forth in our September 30, 2015

proposed rule, the EPA is taking final action to approve the BACM demonstration submitted by 

the NDEP on August 5, 2002 as part of the 2002 Truckee Meadows PM10 Attainment Plan and 

the 2014 Truckee Meadows PM10 Maintenance Plan submitted by the NDEP on November 7, 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

5

2014 as revisions of the Nevada SIP. In so doing, the EPA finds that the 2011 attainment 

inventory in the maintenance plan meets the requirements of CAA section 172(c)(3) and finds 

that the maintenance demonstration showing how Truckee Meadows will continue to attain the 

PM10 standard through 2030, and the contingency provisions describing the actions that the 

Washoe County Health District’s Air Quality Management Division (“WCAQMD”) will take in 

the event of a future monitored violation, meet all applicable requirements for maintenance plans 

and related contingency provisions in CAA section 175A. The EPA is also approving the 

following MVEBs in the 2014 PM10 Maintenance Plan because we find they meet the applicable 

adequacy criteria under 40 CFR 93.118(e):

2014 PM10 Maintenance Plan Motor Vehicle Emissions Budgets (average 

winter day, lbs/day)

Budget Year PM10

2015 5,638

2020 6,088

2025 6,473

2030 6,927

Source: 2014 PM10 Maintenance Plan at table 6-6, page 28.

In addition, under CAA section 107(d)(3)(D), we are approving the State’s request, 

which accompanied the submittal of the 2014 PM10 Maintenance Plan, to redesignate the 

Truckee Meadows PM10 nonattainment area to attainment for the PM10 standard. We are doing 

so based on our conclusion that the area has met, or will meet as part of this action, all of the 

criteria for redesignation under CAA section 107(d)(3)(E). More specifically, we find that 

Truckee Meadows has attained the PM10 standard based on the most recent three-year period 

(2012-2014) of quality-assured, certified, and complete (or otherwise validated) PM10 data; that 

relevant portions of the Nevada SIP are fully approved; that the improvement in air quality is due 

to permanent and enforceable reductions in emissions; that Nevada has met all requirements 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

6

applicable to the Truckee Meadows PM10 nonattainment area with respect to section 110 and part 

D of the CAA; and that Truckee Meadows has a fully approved maintenance plan meeting the 

requirements of CAA section 175A. 

In connection with the above approvals and determinations, and as authorized under 

CAA section 189(e), we are determining that major stationary sources of PM10 precursors do not 

contribute significantly to PM10 exceedances in the Truckee Meadows nonattainment area.

Lastly, the EPA is taking final action to delete the area designation for Truckee Meadows

for the revoked national standard for TSP because the designation is no longer necessary.

IV. Statutory and Executive Order Reviews

Under the CAA, redesignation of an area to attainment and the accompanying approval of 

a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical 

area and do not impose any additional regulatory requirements on sources beyond those imposed 

by State law. Redesignation to attainment does not in and of itself create any new requirements, 

but rather results in the applicability of requirements contained in the CAA for areas that have 

been redesignated to attainment. Moreover, the Administrator is required to approve a SIP 

submission that complies with the provisions of the Act and applicable Federal regulations. 42 

U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, the EPA’s role is to 

approve State choices, provided that they meet the criteria of the Clean Air Act. Accordingly, 

these actions merely approve a State plan and redesignation request as meeting Federal 

requirements and do not impose additional requirements beyond those by State law. For these 

reasons, these actions:

 Are not a “significant regulatory action” subject to review by the Office of Management 

and Budget under Executive Order 12866 (58 FR 51735, October 4, 1993) and Executive 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

7

Order 13563 (76 FR 3821, January 21, 2011); 

 Do not impose an information collection burden under the provisions of the Paperwork 

Reduction Act (44 U.S.C. 3501 et seq.);

 Are certified as not having a significant economic impact on a substantial number of 

small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); 

 Do not contain any unfunded mandate or significantly or uniquely affect small 

governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-

4);

 Do not have Federalism implications as specified in Executive Order 13132 (64 FR 

43255, August 10, 1999);

 Are not an economically significant regulatory action based on health or safety risks 

subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

 Are not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, 

May 22, 2001); 

 Are not subject to requirements of Section 12(d) of the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 272 note) because application of those 

requirements would be inconsistent with the CAA; and 

 Do not provide the EPA with the discretionary authority to address disproportionate 

human health or environmental effects with practical, appropriate, and legally permissible 

methods under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, the State plan that the EPA is approving does not apply on any Indian 

reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of Indian country, the rule, as it relates to the maintenance 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

8

plan, does not have tribal implications and will not impose substantial direct costs on tribal 

governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, 

November 9, 2000). However, prior to its September 30, 2015 proposal, the EPA offered to 

consult with representatives of the Reno-Sparks Indian Colony, which consists of members of 

three Great Basin Tribes – the Paiute, the Shoshone, and the Washo – and which has Indian 

country within the Truckee Meadows air quality planning area because the Indian country within 

the Truckee Meadows area is being redesignated to attainment along with State lands. The RenoSparks Indian Colony did not respond to the EPA’s offer to consult.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business 

Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take 

effect, the agency promulgating the rule must submit a rule report, which includes a copy of the 

rule, to each House of the Congress and to the Comptroller General of the United States. The 

EPA will submit a report containing this action and other required information to the U.S. 

Senate, the U.S. House of Representatives, and the Comptroller General of the United States 

prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 

days after it is published in the Federal Register. This action is not a “major rule” as defined by 

5 U.S.C. 804(2).

Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be 

filed in the United States Court of Appeals for the appropriate circuit by [INSERT DATE 60 

DAYS AFTER DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Filing a 

petition for reconsideration by the Administrator of this final rule does not affect the finality of 

this action for the purposes of judicial review nor does it extend the time within which a petition 

for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. 
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

9

This action may not be challenged later in proceedings to enforce its requirements. (See section 

307(b)(2)).

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Incorporation by reference, 

Intergovernmental relations, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping 

requirements, Sulfur dioxide.

40 CFR Part 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

_________________________ __________________________________

Dated Jared Blumenfeld

Regional Administrator,

Region IX.
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

10

Chapter I, title 40 of the Code of Federal Regulations is amended as follows:

PART 52— APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

1. The authority citation for Part 52 continues to read as follows:

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

Subpart DD - Nevada

2. Section 52.1470 is amended by adding in paragraph (e), under the table heading “Air Quality 

Implementation Plan for the State of Nevada” an entry for “Revisions to the Nevada Particulate 

Matter (PM10) State Implementation Plan for the Truckee Meadows Air Basin (August 2002), 

Section V; Section VI, Table 4; and Appendix B, Tables 1-2 and 1-3 only” and an entry for 

“Redesignation Request and Maintenance Plan for the Truckee Meadows 24-Hour PM10

Nonattainment Area (August 28, 2014)” after the entry for “State Implementation Plan for a 

Basic Program for the Inspection and Maintenance of Motor Vehicles for the Truckee Meadows 

Planning Area, Nevada (June 1994), including the cover page through page 9, appendix 1, 

appendix 2 (only the certification of compliance and Nevada attorney general’s opinion), and 

appendices 3, 6, 8, and 10.”

The added text reads as follows:

§ 52.1470 Identification of plan.

* * * * *

(e) * * *

EPA-APPROVED NEVADA NONREGULATORY PROVISIONS AND QUASI-REGULATORY 

MEASURES

Name of SIP 

provision

Applicable 

geographic or 

nonattainment 

area

State 

submittal 

date

EPA approval 

date Explanation
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

11

Air Quality Implementation Plan for the State of Nevada1

* * * * * * *

Revisions to the 

Nevada 

Particulate Matter 

(PM10) State 

Implementation 

Plan for the 

Truckee 

Meadows Air 

Basin (August 

2002), Section V; 

Section VI, Table 

4; and Appendix 

B, Tables 1-2 and 

1-3 only.

Truckee 

Meadows, 

Washoe County

8/5/02 [INSERT 

FEDERAL 

REGISTER 

CITATION], 

[INSERT 

DATE OF 

PUBLICATION 

IN THE 

FEDERAL 

REGISTER]

Approval of the 

portion of the 2002 

PM10 Attainment 

Plan that 

demonstrates 

implementation of 

best available 

control measures in 

compliance with 

section 

189(b)(1)(B) of the 

Clean Air Act.

Redesignation 

Request and 

Maintenance Plan 

for the Truckee 

Meadows 24-

Hour PM10

Nonattainment 

Area (August 28, 

2014).

Truckee 

Meadows, 

Washoe County

11/7/14 [INSERT 

FEDERAL 

REGISTER 

CITATION], 

[INSERT 

DATE OF 

PUBLICATION 

IN THE 

FEDERAL 

REGISTER]

* * * * * * *

* * * * *

1 The organization of this table generally follows from the organization of the State of Nevada's 

original 1972 SIP, which was divided into 12 sections. Nonattainment and maintenance plans, 

among other types of plans, are listed under Section 5 (Control Strategy). Lead SIPs and Small 

Business Stationary Source Technical and Environmental Compliance Assistance SIPs are listed 

after Section 12 followed by nonregulatory or quasi-regulatory statutory provisions approved 

into the SIP. Regulatory statutory provisions are listed in 40 CFR 52.1470(c).

§ 52.1476 [Amended]

3. Section 52.1476 is amended by removing and reserving paragraph (a).
This document is a prepublication version signed by EPA Regional Administrator Jared Blumenfeld on November 

16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES

4. The authority citation for part 81 continues to read as follows:

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

Subpart C—Section 107 Attainment Status Designations

4. Section 81.329 is amended by:

a. Removing the table titled “Nevada—TSP” in its entirety; and

b. Revising in the table under “Nevada-PM-10,” the entry for “Washoe County” to read as 

follows:

§ 81.329 Nevada.

* * * * *

Nevada – PM-10

Designated Area

Designation Classification

Date Type Date Type

* * * * * * *

Washoe County:

Reno planning area [INSERT 

DATE 30 

DAYS 

AFTER

DATE OF 

PUBLICATI

ON IN THE 

FEDERAL 

REGISTER].

Attainment

Hydrographic area 87

* * * * * * *
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16, 2015. We have taken steps to ensure the accuracy of this version, but it is not the official version.

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* * * * *