76232 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where EPA or an 

Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule 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). 

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. 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 8, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this action for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the Proposed Rules section 

of today’s Federal Register, rather than 

file an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking. This action may 

not be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: October 26, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLAN 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(465) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(465) New regulation for the following 

APCD was submitted on July 15, 2015 

by the Governor’s designee. 

(i) Incorporation by reference. 

(A) Placer County Air Pollution 

Control District. 

(1) ‘‘Ozone Emergency Episode Plan,’’ 

adopted on June 11, 2015. 

[FR Doc. 2015–30831 Filed 12–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2015–0633; FRL–9939–48– 

Region 9] 

PM10 Plans and Redesignation 

Request; Truckee Meadows, Nevada; 

Deletion of TSP Area Designation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve two revisions to the Nevada 

state implementation plan. The first 

revision provides a demonstration of 

implementation of best available control 

measures (BACM) for control of 

particulate matter with an aerodynamic 

diameter less than or equal to a nominal 

ten micrometers (PM10) within Truckee 

Meadows. The second revision is a plan 

that provides for the maintenance of the 

national ambient air quality standard 

(NAAQS or ‘‘standard’’) for PM10 in 

Truckee Meadows through 2030, 

includes an emissions inventory 

consistent with attainment, and 

establishes motor vehicle emissions 

budgets. In connection with these 

approvals, the EPA is taking final action 

to determine that major stationary 

sources of PM10 precursors do not 

contribute significantly to elevated PM10

levels in the area. Also, based in part on 

the approvals of the BACM 

demonstration and maintenance plan 

and determination regarding PM10

precursors, the EPA is taking final 

action to approve the State of Nevada’s 

request for redesignation of the Truckee 

Meadows nonattainment area to 

attainment for the PM10 standard. 

Lastly, the EPA is taking final action to 

delete the area designation for Truckee 

Meadows for the revoked standard for 

total suspended particulate (TSP). The 

EPA is taking these actions because the 

SIP revisions meet the applicable 

statutory and regulatory requirements 

for such plans and related motor vehicle 

emissions budgets and because the area 

meets the Clean Air Act requirements 

for redesignation of nonattainment areas 

to attainment. 

DATES: This rule is effective on January 

7, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

Number EPA–R09–OAR–2015–0633. 

Generally, documents in the docket for 

this action are available electronically at 

www.regulations.gov and in hard copy 

at the EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed at 

www.regulations.gov, some information 

may be publicly available only at the 

hard copy location (e.g., copyrighted 

material, large maps), and some may not 

be publicly available in either location 

(e.g., confidential business information 

or ‘‘CBI’’). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: John 

Ungvarsky, Air Planning Office (AIR–2), 

U.S. Environmental Protection Agency, 

Region IX, (415) 972–3963, 

ungvarsky.john@epa.gov. 


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Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 76233 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to the EPA. This 

supplementary information section is 

arranged as follows: 

Table of Contents 

I. Proposed Actions 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Actions 

On September 30, 2015 (80 FR 58640), 

under Clean Air Act (CAA or ‘‘Act’’) 

section 110(k)(3), the EPA proposed to 

approve the BACM-related portion of 

the submittal from the Nevada Division 

of Environmental Protection (NDEP) 

dated August 5, 2002 of Revisions to the 

Nevada Particulate Matter (PM10) State 

Implementation Plan for the Truckee 

Meadows Air Basin (August 2002) 

(‘‘2002 PM10 Attainment Plan’’), and the 

submittal from NDEP dated November 

7, 2014 of the Redesignation Request 

and Maintenance Plan for the Truckee 

Meadows 24-Hour PM10 Nonattainment 

Area (August 28, 2014) (‘‘2014 PM10

Maintenance Plan’’) as revisions to the 

Nevada state implementation plan (SIP). 

In so doing, we found that the BACM 

demonstration in the 2002 PM10

Attainment Plan satisfied the BACM 

requirement in CAA section 189(b)(1)(B) 

and that the 2014 PM10 Maintenance 

Plan adequately demonstrates that the 

area will maintain the PM10 standard for 

10 years beyond redesignation. We also 

found that that major stationary sources 

of PM10 precursors do not contribute 

significantly to elevated PM10 levels in 

the area. In connection with the 2014 

PM10 Maintenance Plan, we found that 

it includes sufficient contingency 

provisions to promptly correct any 

violation of the PM10 standard which 

occurs after redesignation and thereby 

meets the requirements for maintenance 

plans under CAA section 175A. We also 

proposed to approve the motor vehicle 

emissions budgets (MVEBs) in the 2014 

PM10 Maintenance Plan because we 

found they meet the applicable 

transportation conformity requirements 

under 40 CFR 93.118(e). 

In our September 30, 2015 proposed 

rule, under CAA section 107(d)(3)(D), 

we proposed to grant NDEP’s request to 

redesignate the Truckee Meadows PM10

nonattainment area from 

‘‘nonattainment’’ to ‘‘attainment’’ for the 

PM10 standard. We proposed to do so 

based on our conclusion that Truckee 

Meadows has attained the PM10

standard; that the relevant portions of 

the Nevada SIP are fully approved; that 

the improvement in air quality is due to 

permanent and enforceable emissions 

reductions; that the State of Nevada has 

met all of the requirements applicable to 

the Truckee Meadows PM10

nonattainment area with respect to 

section 110 and part D of the CAA; and, 

based on our proposed approval as 

described above, that the 2014 PM10

Maintenance Plan meets the 

requirements for maintenance plans 

under section 175A of the CAA; and 

that, therefore, the State of Nevada has 

met the criteria for redesignation under 

CAA section 107(d)(3)(E) for the 

Truckee Meadows PM10 nonattainment 

area. 

We also proposed to delete the area 

designation for Truckee Meadows for 

the revoked NAAQS for TSP. 

Please see our September 30, 2015 

proposed rule for a detailed discussion 

of the background for these actions, and 

the rationale for approval of the 2014 

PM10 Maintenance Plan, for granting 

NDEP’s request for redesignation of 

Truckee Meadows to attainment, and for 

deleting the TSP designation for 

Truckee Meadows. 

II. Public Comments 

Our September 30, 2015 proposed 

rule provided a 30-day public comment 

period, which closed on October 30, 

2015. We received no comments on our 

proposal during this period. 

III. Final Action 

Under CAA section 110(k)(3), and for 

the reasons set forth in our September 

30, 2015 proposed rule, the EPA is 

taking final action to approve the BACM 

demonstration submitted by the NDEP 

on August 5, 2002 as part of the 2002 

Truckee Meadows PM10 Attainment 

Plan and the 2014 Truckee Meadows 

PM10 Maintenance Plan submitted by 

the NDEP on November 7, 2014 as 

revisions of the Nevada SIP. In so doing, 

the EPA finds that the 2011 attainment 

inventory in the maintenance plan 

meets the requirements of CAA section 

172(c)(3) and finds that the maintenance 

demonstration showing how Truckee 

Meadows will continue to attain the 

PM10 standard through 2030, and the 

contingency provisions describing the 

actions that the Washoe County Health 

District’s Air Quality Management 

Division (‘‘WCAQMD’’) will take in the 

event of a future monitored violation, 

meet all applicable requirements for 

maintenance plans and related 

contingency provisions in CAA section 

175A. The EPA is also approving the 

following MVEBs in the 2014 PM10

Maintenance Plan because we find they 

meet the applicable adequacy criteria 

under 40 CFR 93.118(e): 

2014 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 

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 


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76234 Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve State choices, 

provided that they meet the criteria of 

the Clean Air Act. Accordingly, these 

actions merely approve a State plan and 

redesignation request as meeting 

Federal requirements and do not impose 

additional requirements beyond those 

by State law. For these reasons, these 

actions: 

• Are not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and Executive Order 

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

• Do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Are not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Are not a significant regulatory 

action subject to Executive Order 13211 

(66 FR 28355, May 22, 2001); 

• Are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

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

application of those requirements would 

be inconsistent with the CAA; and 

• Do not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the State plan that the 

EPA is approving does not apply on any 

Indian reservation land or in any other 

area where the EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule, as it relates to the 

maintenance plan, does not have tribal 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). However, 

prior to its September 30, 2015 

proposal, the EPA offered to consult 

with representatives of the Reno-Sparks 

Indian Colony, which consists of 

members of three Great Basin Tribes— 

the Paiute, the Shoshone, and the 

Washo—and which has Indian country 

within the Truckee Meadows air quality 

planning area because the Indian 

country within the Truckee Meadows 

area is being redesignated to attainment 

along with State lands. The Reno-Sparks 

Indian Colony did not respond to the 

EPA’s offer to consult. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. A major rule cannot take effect 

until 60 days after it is published in the 

Federal Register. This action is not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 8, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements, Sulfur dioxide. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: November 16, 2015. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 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) * * * 


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Federal Register / Vol. 80, No. 235 / Tuesday, December 8, 2015 / Rules and Regulations 76235 

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 

Air Quality Implementation Plan for the State of Nevada 1

*******

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], 

12/8/15.

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], 12/

8/15.

* * * * * * * 

******* 1The 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). 

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 

■ 5. Section 81.329 is amended by: 

■ a. Removing the table titled 

‘‘Nevada—TSP’’; 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 .............................................. 1/7/16 Attainment.

Hydrographic area 87 

* * * * * * * 

* * * * * 

[FR Doc. 2015–30487 Filed 12–7–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2013–0133; 

4500030113] 

RIN 1018–AY78 

Endangered and Threatened Wildlife 

and Plants; Removal of the Modoc 

Sucker From the Federal List of 

Endangered and Threatened Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are removing 

the Modoc sucker (Catostomus microps) 

from the Federal List of Endangered and 

Threatened Wildlife. This determination 

is based on a thorough review of the 

best available scientific and commercial 

information, which indicates that the 

threats to this species have been 

eliminated or reduced to the point that 

the species no longer meets the 

definition of an endangered species or a 

threatened species under the 

Endangered Species Act of 1973, as 


Lhorne on DSK9F6TC42PROD with RULES