Determination of Attainment by the Applicable Attainment Date for the Carbon Monoxide National Ambient Air Quality Standard Within the Las Vegas Valley Nonattainment Area, Clark County, NV; Determination Regarding Applicability of Certain Clean Air Act Requirements, 3174-3178 [05-1119]
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Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This proposed rule also
is not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
This proposed rule does not involve
establishment of technical standards,
and thus, the requirements of section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This
proposed rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 7, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05–1118 Filed 1–19–05; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 81
[FRL–7862–5]
Determination of Attainment by the
Applicable Attainment Date for the
Carbon Monoxide National Ambient Air
Quality Standard Within the Las Vegas
Valley Nonattainment Area, Clark
County, NV; Determination Regarding
Applicability of Certain Clean Air Act
Requirements
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to find that
the Las Vegas Valley nonattainment area
in the State of Nevada has attained the
National Ambient Air Quality Standard
for carbon monoxide by the applicable
December 31, 2000 attainment date.
Based on this proposal, EPA also
proposes to determine that the Clean Air
Act’s requirements for contingency
provisions will no longer apply to the
area.
DATES: Written comments on this
proposal must be received by February
22, 2005.
ADDRESSES: Comments should be
addressed to the EPA contact below.
You may inspect and copy the
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rulemaking docket for this notice at the
following location during normal
business hours. We may charge you a
reasonable fee for copying parts of the
docket. Steven Barhite, Chief,
Environmental Protection Agency,
Region IX, Air Division, Air Planning
Office (AIR–2), 75 Hawthorne Street,
San Francisco, CA 94105–3901.
FOR FURTHER INFORMATION CONTACT:
Karina O’Connor, Air Planning Office
(AIR–2), Air Division, U.S. EPA, Region
IX, 75 Hawthorne Street, San Francisco,
CA 94105–3901. Telephone: (775) 833–
1276. E-mail: oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Attainment Finding
A. Background
1. Which NAAQS is considered in today’s
proposed finding?
2. What is the designation and
classification of this CO nonattainment
area?
3. How do we make attainment
determinations?
B. Basis for EPA’s Proposed Attainment
Finding
1. What is the statutory basis for this
proposed finding?
2. How did we determine that Las Vegas
Valley has attained the CO NAAQS by
the applicable attainment date?
II. Applicability of Clean Air Act
Contingency Provisions
A. Background
B. Effect of a Finding of Attainment by
Applicable Attainment Date on CAA
Contingency Measure Requirement
III. EPA’s Proposed Action
IV. Request for Public Comment
V. Administrative Requirements
I. Attainment Finding
A. Background
1. Which NAAQS Is Considered in
Today’s Proposed Finding?
Carbon monoxide (CO) is a colorless,
odorless gas emitted in combustion
processes. In most areas where elevated
CO levels are found, CO comes
primarily from tailpipe emissions of
cars and trucks. Exposure to elevated
CO levels is associated with impairment
of visual perception, work capacity,
manual dexterity, and learning ability,
and with illness and death for those
who already suffer from cardiovascular
disease, particularly angina or
peripheral vascular disease.
On April 30, 1971 (see 36 FR 8186),
pursuant to section 109 of the Clean Air
Act (CAA or ‘‘Act’’), as amended in
1970, we promulgated the original
National Ambient Air Quality Standards
(NAAQS) for several pervasive air
pollutants, including CO. NAAQS
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represent concentration levels the
attainment and maintenance of which,
allowing for an adequate margin of
safety, EPA has determined to be
requisite to protect public health
(‘‘primary’’ NAAQS) and welfare
(‘‘secondary’’ NAAQS). The primary
(i.e., health-based) NAAQS for CO is 9
parts per million (ppm) averaged over
an 8-hour period, and 35 ppm averaged
over 1 hour, neither to be exceeded
more than once per year. In our 1971
rulemaking, we established identical
primary and secondary NAAQS for CO
but later revoked the secondary
(welfare) NAAQS for CO. See 50 FR
37484 (September 13, 1985).
2. What Is the Designation and
Classification of This CO
Nonattainment Area?
As noted above, EPA first
promulgated the NAAQS in 1971, and
within 9 months thereafter, each State
was required under section 110 of the
Act to adopt and submit to EPA a plan
that provides for the implementation,
maintenance, and enforcement of the
NAAQS within each State. These plans
are referred to as ‘‘State implementation
plans’’ or ‘‘SIPs.’’ Generally, SIPs were
to provide for attainment of the NAAQS
within 3 years after EPA approval of the
plan. However, many areas of the
country did not attain the NAAQS
within the statutory period. In response,
Congress amended the Act in 1977 to
establish a new approach, based on area
designations, for attaining the NAAQS,
and on March 3, 1978 (see 43 FR 8962),
we promulgated attainment status
designations for all areas within each of
the States. In this 1978 rulemaking, we
designated Las Vegas Valley (i.e., State
hydrographic area #212), which is a
subarea within Clark County, as a
‘‘nonattainment’’ area for the CO
NAAQS.
The Clean Air Act, as amended in
1977, required States to revise their SIPs
by preparing, adopting and submitting
attainment plans (for EPA approval) that
set forth a strategy to achieve the
NAAQS in designated nonattainment
areas. The original statutory deadline for
attainment was 1982. EPA conditionally
approved the initial CO attainment plan
for Las Vegas Valley into the Nevada SIP
in 1981. See 46 FR 21758 (April 14,
1981). EPA removed the conditions on
the CO plan in 1982. See 47 FR 15790
(April 13, 1982). Updated attainment
plans were required for areas, like Las
Vegas Valley, that did not achieve the
original 1982 deadline. EPA approved
an updated plan for CO in Las Vegas
Valley into the Nevada SIP in 1984. See
49 FR 44208 (November 5, 1984).
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Notwithstanding our approval of the
updated CO attainment plan that was
intended to provide for attainment in
the valley by the end of 1987, the CO
NAAQS was not actually attained by the
end of that year in Las Vegas Valley, nor
was it attained in many other areas of
the country. In 1988, EPA notified the
Governors of the various States in which
areas had failed to attain the CO
NAAQS that their SIPs were inadequate
and that their SIPs must be revised
(‘‘SIP call’’). See 53 FR 34500
(September 7, 1988). The SIP call
involved a two-phase approach. The
first phase called for the States to fix
deficiencies in their existing plans and
to implement any measures already
adopted but not yet implemented. The
second phase, which called for
development of a new attainment plan,
awaited Congressional amendments to
the Clean Air Act that were anticipated
to occur in 1990. See 55 FR 30873 (July
30, 1990).
As anticipated, the Act was
substantially amended in 1990 to
establish new planning requirements
and attainment deadlines for the
NAAQS. Under section 107(d)(1)(C) of
the Act, areas designated nonattainment
at the time of enactment of the 1990 Act
Amendments, including Las Vegas
Valley, were designated nonattainment
by operation of law. Under section
186(a) of the Act, each CO area
designated nonattainment under section
107(d) was also classified by operation
of law as either moderate or serious,
depending on the severity of the area’s
air quality problem. CO areas with
design values between 9.1 and 16.4
parts per million (ppm), such as the Las
Vegas Valley area, were classified as
moderate. See 56 FR 56694 (November
6, 1991). (The design value for Las
Vegas Valley for initial classification
purposes was 14.4 ppm, which was
based on monitoring data from the late
1980’s.)
Section 172 of the 1990 Act
Amendments contains general
requirements applicable to SIP revisions
for nonattainment areas, and sections
186 and 187 set out additional air
quality planning requirements for CO
nonattainment areas. The most
fundamental of these provisions is the
requirement that CO nonattainment
areas with design values greater than
12.7 ppm submit a SIP revision
demonstrating attainment of the
NAAQS as expeditiously as practicable
but no later than the deadline applicable
to the area’s classification: December 31,
1995, for moderate areas. See CAA
sections 186(a)(1) and 187(a)(7).
Las Vegas Valley failed to reach
attainment by December 31, 1995, but,
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under section 186(a)(4) of the Act, the
State of Nevada requested, and EPA
granted, a one-year extension of the
attainment date, i.e., to December 31,
1996. See 61 FR 57331 (November 6,
1996). However, in the first quarter of
1996, three exceedances of the CO
standard were recorded at the East
Charleston monitoring station in Las
Vegas, and thus, the State was unable to
show attainment of the standard by
December 31, 1996 and could not
qualify for an additional one-year
extension under section 186(a)(4) of the
Act.
Subsequently, on October 2, 1997, we
published a final rule that found that
the Las Vegas Valley CO nonattainment
area did not attain the CO NAAQS by
the applicable attainment date and that
reclassified the area from ‘‘moderate’’ to
‘‘serious’’ nonattainment under section
186(b)(2) of the Act. See 62 FR 51604
(October 2, 1997). Areas reclassified as
serious are given more time to develop
a new attainment plan and a new
attainment date but are subject to
additional requirements beyond those
that are required in moderate
nonattainment areas. For Las Vegas
Valley, the effect of the reclassification
to ‘‘serious’’ was to allow Nevada 18
months from the effective date of the
reclassification to submit a new plan
demonstrating attainment of the CO
NAAQS as expeditiously as practicable
but no later than December 31, 2000, the
CAA attainment date for serious CO
nonattainment areas.
In 2000, the State of Nevada
submitted a new plan that revises the
CO attainment strategy and that
provides a demonstration of attainment,
based on modeling techniques, by the
new attainment deadline, i.e., December
31, 2000. In January 2003, EPA
proposed to approve the various plan
elements contained in this latest CO
plan, including the modeled attainment
demonstration. See 68 FR 4141 (January
28, 2003). In September 2004, we
finalized our approval of all of the plan
elements except for the contingency
provisions. See 69 FR 56351 (September
21, 2004).
3. How Do We Make Attainment
Determinations?
Section 179(c)(1) of the Act provides
that attainment determinations are to be
based on the ‘‘area’s air quality as of the
attainment date,’’ and section 186(b)(2)
of the Act is consistent with this
requirement but adds that CO air quality
is to be documented for attainment
determination purposes in terms of
‘‘design values’’. EPA makes the
determination as to whether an area’s
air quality is meeting the CO NAAQS
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based upon air quality data gathered at
CO monitoring sites in the
nonattainment area which have been
entered into the Air Quality System
(AQS) database, formerly known as the
Aerometric Information Retrieval
System (AIRS). This data is reviewed to
determine the area’s air quality status in
accordance with 40 CFR 50.8, EPA
policy guidance as stated in a
memorandum from William G. Laxton,
Director Technical Support Division,
entitled ‘‘Ozone and Carbon Monoxide
Design Value Calculations,’’ dated June
18, 1990, and in EPA’s ‘‘General
Preamble for the Implementation of
Title I of the Clean Air Act Amendments
of 1990’’ (see 57 FR 13498, at 13535,
April 16, 1992).
The 8-hour and 1-hour CO design
values are used to determine attainment
of CO areas, and the design values are
determined by reviewing 8 quarters of
data, or a total of 2 complete calendar
years of data for an area. The 8-hour
design value is computed by first
finding the maximum and second
maximum (non-overlapping) 8-hour
values at each monitoring site for each
year of the two calendar years prior to
and including the attainment date. Then
the higher of the two ‘‘second high’’
values is used as the design value for
the monitoring site, and the highest
design value among the various CO
monitoring sites represents the CO
design value for the area.
The CO NAAQS requires that not
more than one 8-hour average per year
can equal or exceed 9.5 ppm (values
below 9.5 are rounded down to 9 and
are not considered exceedances). If an
area has a design value that is equal to
or greater than 9.5 ppm, this means that
there was a monitoring site where the
second highest (non-overlapping) 8hour average was measured to be equal
to or greater than 9.5 ppm in at least 1
of the 2 years being reviewed to
determine attainment for the area. This
indicates that there were at least two
values above the NAAQS during 1 year
at that site and thus the NAAQS for CO
was not met. Conversely, an eight-hour
design value of less than 9.5 ppm
indicates that the area has attained the
CO NAAQS. The one-hour CO design
value is computed in the same manner.
B. Basis for EPA’s Proposed Attainment
Finding
1. What Is the Statutory Basis for This
Proposed Finding?
Pursuant to sections 179(c)(1) and
186(b)(2) of the Act, we have the
responsibility of determining within six
months of the applicable attainment
date whether, based on the area’s design
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value as of the attainment date, the CO
nonattainment area attained the NAAQS
by that date. As a CO nonattainment
area that was reclassified as ‘‘serious’’
under 186(b)(2)(A) of the Act, Las Vegas
Valley was required under section 186
of the Act to attain the CO NAAQS no
later than December 31, 2000. Therefore,
our obligation, under sections 179(c)(1)
and 186(b)(2) of the Act, is to determine
whether the Las Vegas Valley attained
the CO NAAQS based on the area’s
design value as of December 31, 2000.
2. How Did We Determine That Las
Vegas Valley Has Attained the CO
NAAQS by the Applicable Attainment
Date?
As additional background, we provide
a brief description in the following
paragraphs of the Las Vegas Valley CO
nonattainment area and CO monitoring
network before discussing the
monitoring data that provide the basis
for determining the design value and
attainment of the CO NAAQS.
Characteristics of Nonattainment
Area: The population of the Las Vegas
Valley nonattainment area (State
hydrographic area #212) is
approximately 1.4 million residents.
The valley, located in southern Nevada,
lies entirely within Clark County and
includes the cities of Las Vegas, North
Las Vegas, and Henderson. The
remainder of the nonattainment area
includes unincorporated areas of Clark
County. The nonattainment area,
approximately 1,500 square miles, is
bounded by the Spring Mountains to the
west, the Pintwater, Desert, Sheep, and
Las Vegas Mountains to the north, and
Frenchman Mountain to the east. The
local agency now responsible for the
ambient air monitoring (and other
regulatory) functions that had been
conducted (i.e., until mid-2001) by the
Clark County Health District. Currently,
for CO, DAQEM operates 7 SLAMS
sites, 4 NAMS sites, and 4 special
purpose monitoring sites. Each of these
air quality monitoring stations uses a
Dasibi CO Analyzer which employs the
Gas Filter Correlation technique. The
monitoring schedule for CO is
continuous. Most of the CO monitoring
sites are sited at the neighborhood scale
with an objective of assessing
population exposure. The South Las
Vegas Boulevard station, located near an
intersection with high traffic density, is
designated as microscale.
In August 2001, EPA conducted a
technical systems audit on DAQEM’s
ambient air monitoring program to
assess its compliance with established
regulations governing the collection,
analysis, validation, and reporting of
ambient air quality data. In our February
2002 report containing the findings of
this audit, we concluded that, despite
various program deficiencies, the data
was suitable for use in regulatory
decisions in light of substantial
compliance with many of the quality
control activities required by EPA
regulations. Thus, we conclude that the
CO data is appropriate for use in
determining whether the Las Vegas
Valley has attained the CO NAAQS. Our
February 2002 audit report is included
in the docket for this rulemaking.
CO Monitoring Data: The following
table summarizes the CO data collected
at the various CO monitoring stations in
Las Vegas Valley in 1999 and 2000 and
included in AQS.
McCullough Range and Big Spring
Range close the area to the south.
Valley drainage flows to the south,
toward the McCullough and Big Spring
Ranges, then easterly through the Las
Vegas Wash to Lake Mead. Las Vegas
Valley’s climate, at the edge of the
Mojave Desert, is very dry and warm.
Average annual precipitation is 4.2
inches. Temperatures through a year can
range from daily maximums in July of
104 degrees Fahrenheit to average daily
minimums in January of 33 degrees
Fahrenheit. Climatic conditions, and
Las Vegas’ location in a broad valley,
result in calm wind conditions during
the winter. These low winds combine
with temperature inversions and
nighttime downslope drainage of air
back into the valley, preventing effective
dispersion of air pollutants.
CO Monitoring Network: EPA has
established ambient air quality
monitoring requirements and standards
for State and Local Air Monitoring
Stations (SLAMS) and for National Air
Monitoring Stations (NAMS). These
requirements and standards provide for
operating schedules, data quality
assurance, and for the design and siting
of CO samplers.
The Clark County Health District
began monitoring CO in Las Vegas
Valley in the early 1970’s and operated
continuous CO monitors at two
locations (East Charleston and Casino
Center Blvd.) by the mid-1970’s. Since
then, the CO ambient monitoring
network in Las Vegas Valley has
evolved into a system of 15 monitoring
sites. All of these stations are operated
by the Clark County Department of Air
Quality and Environmental
Management (DAQEM), which is the
SUMMARY OF CARBON MONOXIDE AIR QUALITY DATA LAS VEGAS VALLEY, CLARK COUNTY, NEVADA, 1999–2000
2nd highest 8-hour concentration (ppm)
Monitoring site name and AQS number
1999
Boulder City (32–003–0601) ............................................
City Center (32–003–0016) .............................................
Craig Road (32–003–0020) .............................................
Crestwood (32–003–0562) ..............................................
East Flamingo (32–003–1022) ........................................
East Sahara (32–003–0539) ............................................
Health District (32–003–0021) .........................................
Green Valley (32–003–0298) ...........................................
S. East Valley (32–003–0007) .........................................
Winterwood (32–003–0538) .............................................
Paul Meyer (32–003–0043) .............................................
Pittman (32–003–0107) ...................................................
S. Las Vegas Blvd (32–003–1023) ..................................
Sunrise Acres (32–003–0561) .........................................
J.D. Smith (32–003–2002) ...............................................
Area Design Value—Sunrise Acres .................................
Design
value
2000
0.6
5.6
2.7
5.8
5.2
6.9
5.1
1.9
1.7
6.5
2.0
2.5
4.4
8.2
4.4
1.1
4.8
1.8
5.1
4.2
5.7
*ND
1.7
1.5
4.1
1.6
2.1
3.7
7.1
3.8
2nd highest 1-hour concentration (ppm)
1999
1.1
5.6
2.7
5.8
5.2
6.9
5.1
1.9
1.7
6.5
2.0
2.5
4.4
8.2
4.4
8-Hour CO Design Value: 8.2 ppm
1.1
8.5
2.9
7.8
7.5
8.7
6.8
3.0
3.3
8.3
2.8
5.9
6.9
10.2
6.7
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1.3
7.2
3.0
6.9
6.2
7.2
*ND
2.7
2.8
6.0
3.0
4.2
5.6
8.5
5.8
Design
value
1.3
8.5
3.0
7.8
7.5
8.7
6.8
3.0
3.3
8.3
3.0
5.9
6.9
10.2
6.7
1-Hour CO Design Value: 10.2 ppm
Source: EPA Air Quality System (AQS) Database.
*ND = No Data.
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As shown in the above table, the
design values are less than 9.5 ppm
(eight-hour average) and 35.5 ppm (onehour average) at all of the sites.
Therefore, we propose to find that the
Las Vegas Valley attained the CO
NAAQS by December 31, 2000, which is
the applicable attainment date for this
nonattainment area under the Act.
A review of data input to AQS
indicates that Las Vegas Valley has
continued to attain the CO NAAQS
since the end of 2000. The highest 8hour and 1-hour CO concentrations
measured at the various monitoring
stations during the 2001 through 2003
period were 7.2 ppm and 8.9 ppm,
respectively (both at the Sunrise Acres
station in 2001), which are well below
the corresponding CO NAAQS of 9 ppm
and 35 ppm, respectively. A ‘‘quick
look’’ report generated using AQS for
the Las Vegas Valley CO monitoring
stations for the 2001 to 2003 period is
included in the docket for this proposed
rule.
II. Applicability of Clean Air Act
Contingency Provisions
A. Background
In our proposal to approve SIP
revisions submitted by the State of
Nevada to provide for attainment of the
CO NAAQS in the Las Vegas Valley
Nonattainment Area (68 FR 4141,
January 28, 2003), we concluded that
the contingency measure requirements
for the area under sections 172(c)(9) and
187(a)(3) of the Act were met by the
implementation of standardized OnBoard Diagnostics systems (OBD II)
testing (as part of the vehicle inspection
and maintenance (I/M) program). See 68
FR at 4157. In that proposal, we also
proposed to disapprove two other
contingency measures (i.e., Lower I/M
Program Cutpoints and On Road Remote
Sensing) that had been submitted as part
of the Las Vegas Valley serious area CO
attainment plan, the Carbon Monoxide
State Implementation Plan, Las Vegas
Valley Nonattainment Area, Clark
County, Nevada (August 2000). See 68
FR at 4157.
In the final rule, we approved the SIP
revisions as we had proposed with the
exception of the contingency provisions.
With respect to the contingency
provisions, we stated that objections
raised by public comments on the
appropriateness of our proposed
approval of OBD II testing as fulfilling
the contingency measure requirements
under sections 172(c)(9) and 187(a)(3) of
the Act (in addition to fulfilling an I/M
requirement) and the fact that Clark
County had yet to provide quantitative
information on the emissions reductions
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associated with OBD II testing
consistent with their commitment to do
so had lead us to defer taking final
action on the contingency provisions in
that notice. See 69 FR 56351 (September
21, 2004). We indicated in that final rule
that we would address the contingency
provision requirements for Las Vegas
Valley in a separate rulemaking. This
proposal constitutes that rulemaking.
B. Effect of a Finding of Attainment by
Applicable Attainment Date on CAA
Contingency Measure Requirement
Upon our designation of Las Vegas
Valley as a CO nonattainment area, Las
Vegas Valley became subject to the
contingency provisions set forth in
subpart 1 (of title I of the Act) at section
172(c)(9) and in subpart 3 at section
187(a)(3). For the reasons described
below, we believe that the contingency
provisions under sections 172(c)(9) and
187(a)(3) are no longer required for CO
nonattainment areas that are determined
to have attained the CO NAAQS by the
applicable attainment date.
Section 172(c)(9) requires a State to
submit contingency measures that will
be implemented if an area fails to make
‘‘reasonable further progress’’ (RFP) 1 or
fails to attain by the applicable
attainment date. Thus, the stated
purpose of the contingency measure
requirement is to ensure RFP (the
purpose of which is to ensure
attainment by the applicable attainment
date) and attainment by the applicable
attainment date. If an area has in fact
attained the standard by the applicable
attainment date, the stated purpose of
the contingency measure requirement
will have already been fulfilled.
Consequently, we believe that the
requirement for a State to submit
revisions providing for measures to
meet the contingency provisions of
section 172(c)(9) no longer applies for
an area that we find as having attained
the relevant NAAQS by the applicable
attainment date. We note that we took
this view with respect to the general
contingency measure requirement of
section 172(c)(9) in our ‘‘General
Preamble for the Interpretation of Title
I of the Clean Air Act Amendments of
1990’’ at 57 FR 13498 (April 16, 1992).
In the General Preamble, we stated, in
the context of a discussion of the
requirements applicable to the
evaluation of requests to redesignate
nonattainment areas to attainment, that
1 RFP means ‘‘such annual incremental
reductions in emissions of the relevant air pollutant
as are required by this part or may reasonably be
required by the Administrator for the purpose of
ensuring attainment of the applicable national
ambient air quality standard by the applicable
date.’’ See section 171(1) of the Act.
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3177
the ‘‘section 172(c)(9) requirements for
contingency measures * * * no longer
apply when an area has attained the
standard and is eligible for
redesignation.’’ See 57 FR 13498, at
13564 (April 16, 1992). See also
‘‘Procedures for Processing Requests to
Redesignate Areas to Attainment,’’ from
John Calcagni, Director, Air Quality
Management Division, to Regional Air
Division Directors, September 4, 1992
(https://www.epa.gov/ttn/naaqs/ozone/
ozonetech/940904.pdf), at page 6.
Section 187(a)(3) identifies two
circumstances for which contingency
measures must be submitted. First, a
State must submit contingency
measures to be implemented if any
estimate of vehicle miles traveled (VMT)
in the area for any year prior to the
attainment year that is submitted in an
annual report under section 187(a)(2)(A)
(‘‘VMT tracking report’’) exceeds the
number predicted in the most recent
prior forecast. This aspect of section
187(a)(3) supports reasonable further
progress (RFP) by ensuring that the SIP
contains a mechanism to correct for
underprediction in the CO plan of VMT
and related motor vehicle emissions in
years prior to the attainment year, and
thereby serves to help maintain the
overall year-to-year reduction in CO
emissions that is referred to as the RFP
requirement. However, since the
provision applies only to years prior to
the attainment year and that year has
already passed, and the purpose of RFP
itself is fulfilled upon a finding of
attainment by the applicable attainment
date, we find that the additional support
for RFP that would otherwise be
provided through the application of
section 187(a)(3) is no longer required
upon that same finding of attainment by
the applicable attainment date.
Second, under section 187(a)(3) of the
Act, a State must submit contingency
measures to be implemented if the area
fails to attain the national primary
ambient air quality standard for carbon
monoxide by the primary standard
attainment date. This aspect of section
187(a)(3), i.e., failure to attain the CO
NAAQS by the attainment date,
essentially restates the requirement in
section 172(c)(9) (‘‘* * * measures to be
undertaken if the area * * * fails to
attain the national primary ambient air
quality standard by the attainment date
applicable under this part.’’) As such,
our interpretation of section 172(c)(9)
described above that a State need no
longer submit revisions providing for
measures to meet the contingency
provisions of section 172(c)(9) for areas
that we find as having attained the CO
NAAQS by the applicable attainment
date applies equally to the
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21JAP1
3178
Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules
corresponding provision in section
187(a)(3).
Therefore, based on our proposed
finding that Las Vegas Valley has
attained the CO NAAQS by the
applicable attainment date (December
31, 2000), we propose to find that the
contingency requirements under section
172(c)(9) and 187(a)(3) of the Act will
no longer apply for the Las Vegas Valley
CO nonattainment area at such time as
we finalize our proposed attainment
finding.
III. EPA’s Proposed Action
EPA proposes to find, pursuant to
sections 179(c)(1) and 186(b)(2) of the
Act, that the Las Vegas Valley ‘‘serious’’
nonattainment area has attained the
NAAQS for CO by the applicable
attainment date. If finalized as
proposed, our action will relieve the
State of Nevada from the obligation
under section 187(g) of the Act to
prepare and submit a SIP revision
providing for a reduction of CO
emissions within Las Vegas Valley by at
least five percent per year in each year
after approval of the SIP revision until
the CO NAAQS is attained. It should be
noted that this proposed action does not
represent a proposal to redesignate this
area from ‘‘nonattainment’’ to
‘‘attainment’’. Under section
107(d)(3)(E), the Clean Air Act requires
that, for an area to be redesignated from
nonattainment to attainment, five
criteria must be satisfied including the
submittal by the State (and approval by
EPA) of a maintenance plan as a SIP
revision. Therefore, the designation
status of Las Vegas Valley in 40 CFR
part 81 is unaffected by this proposed
action, and Las Vegas Valley will
remain a ‘‘serious’’ nonattainment area
for CO until such time as EPA finds that
the State of Nevada has met the Clean
Air Act requirements for redesignation
to attainment.
Based on our proposed finding of
attainment by the applicable attainment
date, we are also proposing to determine
that the CAA’s requirement for the SIP
to provide for CO contingency measures
will no longer apply to Las Vegas
Valley. In this instance, the State
submitted contingency measures (as
part of the Las Vegas Valley serious area
CO plan adopted in August 2000), but
we will continue to defer taking any
further action on them under sections
172(c)(9) and 187(a)(3) of the Act in
light of this proposed finding of
attainment by the applicable attainment
date and resulting determination that
the contingency measure requirement
no longer applies to the area. The State
may elect to withdraw the contingency
measures to lift the obligation on EPA
VerDate jul<14>2003
12:10 Jan 19, 2005
Jkt 205001
under section 110(k) to act on SIP
submittals within certain time periods.
If we finalize this action as proposed,
then the remaining FIP obligation (i.e.,
relative to contingency measures) that
was triggered 24 months after our
finding of Nevada’s failure to submit a
serious area CO plan for Las Vegas
Valley (see 64 FR 49084, September 10,
1999) will be permanently lifted.
IV. Request for Public Comment
We are soliciting public comment on
all aspects of this proposal. These
comments will be considered before
taking final action. To comment on
today’s proposal, you should submit
comments by mail or in person (in
triplicate if possible) to the ADDRESSES
section listed in the front of this
document. Your comments must be
received by February 22, 2005 to be
considered in the final action taken by
EPA.
V. Administrative Requirements
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this proposed
action is not a ‘‘significant regulatory
action’’ and therefore is not subject to
review by the Office of Management and
Budget. For this reason, this action is
also not subject to Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This proposed action merely
proposes to find that an area has
attained a national ambient air quality
standard based on an objective review of
measured air quality data. It also
proposes to determine that certain Clean
Air Act requirements no longer apply so
long as the area continues to attain the
standard. If finalized, it would not
impose any new regulations, mandates,
or additional enforceable duties on any
public, nongovernmental, or private
entity. Accordingly, the Administrator
certifies that this proposed rule will not
have a significant economic impact on
a substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this
proposed rule does not impose any
additional enforceable duty, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This proposed rule also does not have
tribal implications because it will not
have a substantial direct effect on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
PO 00000
Frm 00029
Fmt 4702
Sfmt 4702
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
proposes to find that an area has
attained a national ambient air quality
standard and is therefore not subject to
certain specific requirements for so long
as the area continues to attain the
standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This proposed rule also
is not subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
This proposed rule does not involve
establishment of technical standards,
and thus, the requirements of section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(15 U.S.C. 272 note) do not apply. This
proposed rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: January 7, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05–1119 Filed 1–19–05; 8:45 am]
BILLING CODE 6560–50–P
HARRY S. TRUMAN SCHOLARSHIP
FOUNDATION
45 CFR Part 1801
Scholar Accountability Policy
Harry S. Truman Scholarship
Foundation.
ACTION: Notice of proposed rulemaking
AGENCY:
SUMMARY: The Truman Scholarship
Foundation [Foundation] proposes to
amend its regulations with respect to
Scholar accountability to the
Foundation for scholarship funds
received. This rule is to clarify existing
Foundation policy.
E:\FR\FM\21JAP1.SGM
21JAP1
]]>Agencies
[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Proposed Rules]
[Pages 3174-3178]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1119]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 81
[FRL-7862-5]
Determination of Attainment by the Applicable Attainment Date for
the Carbon Monoxide National Ambient Air Quality Standard Within the
Las Vegas Valley Nonattainment Area, Clark County, NV; Determination
Regarding Applicability of Certain Clean Air Act Requirements
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to find that the Las Vegas Valley
nonattainment area in the State of Nevada has attained the National
Ambient Air Quality Standard for carbon monoxide by the applicable
December 31, 2000 attainment date. Based on this proposal, EPA also
proposes to determine that the Clean Air Act's requirements for
contingency provisions will no longer apply to the area.
DATES: Written comments on this proposal must be received by February
22, 2005.
ADDRESSES: Comments should be addressed to the EPA contact below. You
may inspect and copy the rulemaking docket for this notice at the
following location during normal business hours. We may charge you a
reasonable fee for copying parts of the docket. Steven Barhite, Chief,
Environmental Protection Agency, Region IX, Air Division, Air Planning
Office (AIR-2), 75 Hawthorne Street, San Francisco, CA 94105-3901.
FOR FURTHER INFORMATION CONTACT: Karina O'Connor, Air Planning Office
(AIR-2), Air Division, U.S. EPA, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901. Telephone: (775) 833-1276. E-mail:
oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. Attainment Finding
A. Background
1. Which NAAQS is considered in today's proposed finding?
2. What is the designation and classification of this CO
nonattainment area?
3. How do we make attainment determinations?
B. Basis for EPA's Proposed Attainment Finding
1. What is the statutory basis for this proposed finding?
2. How did we determine that Las Vegas Valley has attained the
CO NAAQS by the applicable attainment date?
II. Applicability of Clean Air Act Contingency Provisions
A. Background
B. Effect of a Finding of Attainment by Applicable Attainment
Date on CAA Contingency Measure Requirement
III. EPA's Proposed Action
IV. Request for Public Comment
V. Administrative Requirements
I. Attainment Finding
A. Background
1. Which NAAQS Is Considered in Today's Proposed Finding?
Carbon monoxide (CO) is a colorless, odorless gas emitted in
combustion processes. In most areas where elevated CO levels are found,
CO comes primarily from tailpipe emissions of cars and trucks. Exposure
to elevated CO levels is associated with impairment of visual
perception, work capacity, manual dexterity, and learning ability, and
with illness and death for those who already suffer from cardiovascular
disease, particularly angina or peripheral vascular disease.
On April 30, 1971 (see 36 FR 8186), pursuant to section 109 of the
Clean Air Act (CAA or ``Act''), as amended in 1970, we promulgated the
original National Ambient Air Quality Standards (NAAQS) for several
pervasive air pollutants, including CO. NAAQS represent concentration
levels the attainment and maintenance of which, allowing for an
adequate margin of safety, EPA has determined to be requisite to
protect public health (``primary'' NAAQS) and welfare (``secondary''
NAAQS). The primary (i.e., health-based) NAAQS for CO is 9 parts per
million (ppm) averaged over an 8-hour period, and 35 ppm averaged over
1 hour, neither to be exceeded more than once per year. In our 1971
rulemaking, we established identical primary and secondary NAAQS for CO
but later revoked the secondary (welfare) NAAQS for CO. See 50 FR 37484
(September 13, 1985).
2. What Is the Designation and Classification of This CO Nonattainment
Area?
As noted above, EPA first promulgated the NAAQS in 1971, and within
9 months thereafter, each State was required under section 110 of the
Act to adopt and submit to EPA a plan that provides for the
implementation, maintenance, and enforcement of the NAAQS within each
State. These plans are referred to as ``State implementation plans'' or
``SIPs.'' Generally, SIPs were to provide for attainment of the NAAQS
within 3 years after EPA approval of the plan. However, many areas of
the country did not attain the NAAQS within the statutory period. In
response, Congress amended the Act in 1977 to establish a new approach,
based on area designations, for attaining the NAAQS, and on March 3,
1978 (see 43 FR 8962), we promulgated attainment status designations
for all areas within each of the States. In this 1978 rulemaking, we
designated Las Vegas Valley (i.e., State hydrographic area
212), which is a subarea within Clark County, as a
``nonattainment'' area for the CO NAAQS.
The Clean Air Act, as amended in 1977, required States to revise
their SIPs by preparing, adopting and submitting attainment plans (for
EPA approval) that set forth a strategy to achieve the NAAQS in
designated nonattainment areas. The original statutory deadline for
attainment was 1982. EPA conditionally approved the initial CO
attainment plan for Las Vegas Valley into the Nevada SIP in 1981. See
46 FR 21758 (April 14, 1981). EPA removed the conditions on the CO plan
in 1982. See 47 FR 15790 (April 13, 1982). Updated attainment plans
were required for areas, like Las Vegas Valley, that did not achieve
the original 1982 deadline. EPA approved an updated plan for CO in Las
Vegas Valley into the Nevada SIP in 1984. See 49 FR 44208 (November 5,
1984).
[[Page 3175]]
Notwithstanding our approval of the updated CO attainment plan that
was intended to provide for attainment in the valley by the end of
1987, the CO NAAQS was not actually attained by the end of that year in
Las Vegas Valley, nor was it attained in many other areas of the
country. In 1988, EPA notified the Governors of the various States in
which areas had failed to attain the CO NAAQS that their SIPs were
inadequate and that their SIPs must be revised (``SIP call''). See 53
FR 34500 (September 7, 1988). The SIP call involved a two-phase
approach. The first phase called for the States to fix deficiencies in
their existing plans and to implement any measures already adopted but
not yet implemented. The second phase, which called for development of
a new attainment plan, awaited Congressional amendments to the Clean
Air Act that were anticipated to occur in 1990. See 55 FR 30873 (July
30, 1990).
As anticipated, the Act was substantially amended in 1990 to
establish new planning requirements and attainment deadlines for the
NAAQS. Under section 107(d)(1)(C) of the Act, areas designated
nonattainment at the time of enactment of the 1990 Act Amendments,
including Las Vegas Valley, were designated nonattainment by operation
of law. Under section 186(a) of the Act, each CO area designated
nonattainment under section 107(d) was also classified by operation of
law as either moderate or serious, depending on the severity of the
area's air quality problem. CO areas with design values between 9.1 and
16.4 parts per million (ppm), such as the Las Vegas Valley area, were
classified as moderate. See 56 FR 56694 (November 6, 1991). (The design
value for Las Vegas Valley for initial classification purposes was 14.4
ppm, which was based on monitoring data from the late 1980's.)
Section 172 of the 1990 Act Amendments contains general
requirements applicable to SIP revisions for nonattainment areas, and
sections 186 and 187 set out additional air quality planning
requirements for CO nonattainment areas. The most fundamental of these
provisions is the requirement that CO nonattainment areas with design
values greater than 12.7 ppm submit a SIP revision demonstrating
attainment of the NAAQS as expeditiously as practicable but no later
than the deadline applicable to the area's classification: December 31,
1995, for moderate areas. See CAA sections 186(a)(1) and 187(a)(7).
Las Vegas Valley failed to reach attainment by December 31, 1995,
but, under section 186(a)(4) of the Act, the State of Nevada requested,
and EPA granted, a one-year extension of the attainment date, i.e., to
December 31, 1996. See 61 FR 57331 (November 6, 1996). However, in the
first quarter of 1996, three exceedances of the CO standard were
recorded at the East Charleston monitoring station in Las Vegas, and
thus, the State was unable to show attainment of the standard by
December 31, 1996 and could not qualify for an additional one-year
extension under section 186(a)(4) of the Act.
Subsequently, on October 2, 1997, we published a final rule that
found that the Las Vegas Valley CO nonattainment area did not attain
the CO NAAQS by the applicable attainment date and that reclassified
the area from ``moderate'' to ``serious'' nonattainment under section
186(b)(2) of the Act. See 62 FR 51604 (October 2, 1997). Areas
reclassified as serious are given more time to develop a new attainment
plan and a new attainment date but are subject to additional
requirements beyond those that are required in moderate nonattainment
areas. For Las Vegas Valley, the effect of the reclassification to
``serious'' was to allow Nevada 18 months from the effective date of
the reclassification to submit a new plan demonstrating attainment of
the CO NAAQS as expeditiously as practicable but no later than December
31, 2000, the CAA attainment date for serious CO nonattainment areas.
In 2000, the State of Nevada submitted a new plan that revises the
CO attainment strategy and that provides a demonstration of attainment,
based on modeling techniques, by the new attainment deadline, i.e.,
December 31, 2000. In January 2003, EPA proposed to approve the various
plan elements contained in this latest CO plan, including the modeled
attainment demonstration. See 68 FR 4141 (January 28, 2003). In
September 2004, we finalized our approval of all of the plan elements
except for the contingency provisions. See 69 FR 56351 (September 21,
2004).
3. How Do We Make Attainment Determinations?
Section 179(c)(1) of the Act provides that attainment
determinations are to be based on the ``area's air quality as of the
attainment date,'' and section 186(b)(2) of the Act is consistent with
this requirement but adds that CO air quality is to be documented for
attainment determination purposes in terms of ``design values''. EPA
makes the determination as to whether an area's air quality is meeting
the CO NAAQS based upon air quality data gathered at CO monitoring
sites in the nonattainment area which have been entered into the Air
Quality System (AQS) database, formerly known as the Aerometric
Information Retrieval System (AIRS). This data is reviewed to determine
the area's air quality status in accordance with 40 CFR 50.8, EPA
policy guidance as stated in a memorandum from William G. Laxton,
Director Technical Support Division, entitled ``Ozone and Carbon
Monoxide Design Value Calculations,'' dated June 18, 1990, and in EPA's
``General Preamble for the Implementation of Title I of the Clean Air
Act Amendments of 1990'' (see 57 FR 13498, at 13535, April 16, 1992).
The 8-hour and 1-hour CO design values are used to determine
attainment of CO areas, and the design values are determined by
reviewing 8 quarters of data, or a total of 2 complete calendar years
of data for an area. The 8-hour design value is computed by first
finding the maximum and second maximum (non-overlapping) 8-hour values
at each monitoring site for each year of the two calendar years prior
to and including the attainment date. Then the higher of the two
``second high'' values is used as the design value for the monitoring
site, and the highest design value among the various CO monitoring
sites represents the CO design value for the area.
The CO NAAQS requires that not more than one 8-hour average per
year can equal or exceed 9.5 ppm (values below 9.5 are rounded down to
9 and are not considered exceedances). If an area has a design value
that is equal to or greater than 9.5 ppm, this means that there was a
monitoring site where the second highest (non-overlapping) 8-hour
average was measured to be equal to or greater than 9.5 ppm in at least
1 of the 2 years being reviewed to determine attainment for the area.
This indicates that there were at least two values above the NAAQS
during 1 year at that site and thus the NAAQS for CO was not met.
Conversely, an eight-hour design value of less than 9.5 ppm indicates
that the area has attained the CO NAAQS. The one-hour CO design value
is computed in the same manner.
B. Basis for EPA's Proposed Attainment Finding
1. What Is the Statutory Basis for This Proposed Finding?
Pursuant to sections 179(c)(1) and 186(b)(2) of the Act, we have
the responsibility of determining within six months of the applicable
attainment date whether, based on the area's design
[[Page 3176]]
value as of the attainment date, the CO nonattainment area attained the
NAAQS by that date. As a CO nonattainment area that was reclassified as
``serious'' under 186(b)(2)(A) of the Act, Las Vegas Valley was
required under section 186 of the Act to attain the CO NAAQS no later
than December 31, 2000. Therefore, our obligation, under sections
179(c)(1) and 186(b)(2) of the Act, is to determine whether the Las
Vegas Valley attained the CO NAAQS based on the area's design value as
of December 31, 2000.
2. How Did We Determine That Las Vegas Valley Has Attained the CO NAAQS
by the Applicable Attainment Date?
As additional background, we provide a brief description in the
following paragraphs of the Las Vegas Valley CO nonattainment area and
CO monitoring network before discussing the monitoring data that
provide the basis for determining the design value and attainment of
the CO NAAQS.
Characteristics of Nonattainment Area: The population of the Las
Vegas Valley nonattainment area (State hydrographic area 212)
is approximately 1.4 million residents. The valley, located in southern
Nevada, lies entirely within Clark County and includes the cities of
Las Vegas, North Las Vegas, and Henderson. The remainder of the
nonattainment area includes unincorporated areas of Clark County. The
nonattainment area, approximately 1,500 square miles, is bounded by the
Spring Mountains to the west, the Pintwater, Desert, Sheep, and Las
Vegas Mountains to the north, and Frenchman Mountain to the east. The
McCullough Range and Big Spring Range close the area to the south.
Valley drainage flows to the south, toward the McCullough and Big
Spring Ranges, then easterly through the Las Vegas Wash to Lake Mead.
Las Vegas Valley's climate, at the edge of the Mojave Desert, is very
dry and warm. Average annual precipitation is 4.2 inches. Temperatures
through a year can range from daily maximums in July of 104 degrees
Fahrenheit to average daily minimums in January of 33 degrees
Fahrenheit. Climatic conditions, and Las Vegas' location in a broad
valley, result in calm wind conditions during the winter. These low
winds combine with temperature inversions and nighttime downslope
drainage of air back into the valley, preventing effective dispersion
of air pollutants.
CO Monitoring Network: EPA has established ambient air quality
monitoring requirements and standards for State and Local Air
Monitoring Stations (SLAMS) and for National Air Monitoring Stations
(NAMS). These requirements and standards provide for operating
schedules, data quality assurance, and for the design and siting of CO
samplers.
The Clark County Health District began monitoring CO in Las Vegas
Valley in the early 1970's and operated continuous CO monitors at two
locations (East Charleston and Casino Center Blvd.) by the mid-1970's.
Since then, the CO ambient monitoring network in Las Vegas Valley has
evolved into a system of 15 monitoring sites. All of these stations are
operated by the Clark County Department of Air Quality and
Environmental Management (DAQEM), which is the local agency now
responsible for the ambient air monitoring (and other regulatory)
functions that had been conducted (i.e., until mid-2001) by the Clark
County Health District. Currently, for CO, DAQEM operates 7 SLAMS
sites, 4 NAMS sites, and 4 special purpose monitoring sites. Each of
these air quality monitoring stations uses a Dasibi CO Analyzer which
employs the Gas Filter Correlation technique. The monitoring schedule
for CO is continuous. Most of the CO monitoring sites are sited at the
neighborhood scale with an objective of assessing population exposure.
The South Las Vegas Boulevard station, located near an intersection
with high traffic density, is designated as microscale.
In August 2001, EPA conducted a technical systems audit on DAQEM's
ambient air monitoring program to assess its compliance with
established regulations governing the collection, analysis, validation,
and reporting of ambient air quality data. In our February 2002 report
containing the findings of this audit, we concluded that, despite
various program deficiencies, the data was suitable for use in
regulatory decisions in light of substantial compliance with many of
the quality control activities required by EPA regulations. Thus, we
conclude that the CO data is appropriate for use in determining whether
the Las Vegas Valley has attained the CO NAAQS. Our February 2002 audit
report is included in the docket for this rulemaking.
CO Monitoring Data: The following table summarizes the CO data
collected at the various CO monitoring stations in Las Vegas Valley in
1999 and 2000 and included in AQS.
Summary of Carbon Monoxide Air Quality Data Las Vegas Valley, Clark County, Nevada, 1999-2000
----------------------------------------------------------------------------------------------------------------
2nd highest 8-hour concentration 2nd highest 1-hour concentration
(ppm) (ppm)
Monitoring site name and AQS -----------------------------------------------------------------------------
number Design Design
1999 2000 value 1999 2000 value
----------------------------------------------------------------------------------------------------------------
Boulder City (32-003-0601)........ 0.6 1.1 1.1 1.1 1.3 1.3
City Center (32-003-0016)......... 5.6 4.8 5.6 8.5 7.2 8.5
Craig Road (32-003-0020).......... 2.7 1.8 2.7 2.9 3.0 3.0
Crestwood (32-003-0562)........... 5.8 5.1 5.8 7.8 6.9 7.8
East Flamingo (32-003-1022)....... 5.2 4.2 5.2 7.5 6.2 7.5
East Sahara (32-003-0539)......... 6.9 5.7 6.9 8.7 7.2 8.7
Health District (32-003-0021)..... 5.1 *ND 5.1 6.8 *ND 6.8
Green Valley (32-003-0298)........ 1.9 1.7 1.9 3.0 2.7 3.0
S. East Valley (32-003-0007)...... 1.7 1.5 1.7 3.3 2.8 3.3
Winterwood (32-003-0538).......... 6.5 4.1 6.5 8.3 6.0 8.3
Paul Meyer (32-003-0043).......... 2.0 1.6 2.0 2.8 3.0 3.0
Pittman (32-003-0107)............. 2.5 2.1 2.5 5.9 4.2 5.9
S. Las Vegas Blvd (32-003-1023)... 4.4 3.7 4.4 6.9 5.6 6.9
Sunrise Acres (32-003-0561)....... 8.2 7.1 8.2 10.2 8.5 10.2
J.D. Smith (32-003-2002).......... 4.4 3.8 4.4 6.7 5.8 6.7
--------------
Area Design Value--Sunrise Acres.. 8-Hour CO Design Value: 8.2 ppm
1-Hour CO Design Value: 10.2 ppm
----------------------------------------------------------------------------------------------------------------
Source: EPA Air Quality System (AQS) Database.
*ND = No Data.
[[Page 3177]]
As shown in the above table, the design values are less than 9.5
ppm (eight-hour average) and 35.5 ppm (one-hour average) at all of the
sites. Therefore, we propose to find that the Las Vegas Valley attained
the CO NAAQS by December 31, 2000, which is the applicable attainment
date for this nonattainment area under the Act.
A review of data input to AQS indicates that Las Vegas Valley has
continued to attain the CO NAAQS since the end of 2000. The highest 8-
hour and 1-hour CO concentrations measured at the various monitoring
stations during the 2001 through 2003 period were 7.2 ppm and 8.9 ppm,
respectively (both at the Sunrise Acres station in 2001), which are
well below the corresponding CO NAAQS of 9 ppm and 35 ppm,
respectively. A ``quick look'' report generated using AQS for the Las
Vegas Valley CO monitoring stations for the 2001 to 2003 period is
included in the docket for this proposed rule.
II. Applicability of Clean Air Act Contingency Provisions
A. Background
In our proposal to approve SIP revisions submitted by the State of
Nevada to provide for attainment of the CO NAAQS in the Las Vegas
Valley Nonattainment Area (68 FR 4141, January 28, 2003), we concluded
that the contingency measure requirements for the area under sections
172(c)(9) and 187(a)(3) of the Act were met by the implementation of
standardized On-Board Diagnostics systems (OBD II) testing (as part of
the vehicle inspection and maintenance (I/M) program). See 68 FR at
4157. In that proposal, we also proposed to disapprove two other
contingency measures (i.e., Lower I/M Program Cutpoints and On Road
Remote Sensing) that had been submitted as part of the Las Vegas Valley
serious area CO attainment plan, the Carbon Monoxide State
Implementation Plan, Las Vegas Valley Nonattainment Area, Clark County,
Nevada (August 2000). See 68 FR at 4157.
In the final rule, we approved the SIP revisions as we had proposed
with the exception of the contingency provisions. With respect to the
contingency provisions, we stated that objections raised by public
comments on the appropriateness of our proposed approval of OBD II
testing as fulfilling the contingency measure requirements under
sections 172(c)(9) and 187(a)(3) of the Act (in addition to fulfilling
an I/M requirement) and the fact that Clark County had yet to provide
quantitative information on the emissions reductions associated with
OBD II testing consistent with their commitment to do so had lead us to
defer taking final action on the contingency provisions in that notice.
See 69 FR 56351 (September 21, 2004). We indicated in that final rule
that we would address the contingency provision requirements for Las
Vegas Valley in a separate rulemaking. This proposal constitutes that
rulemaking.
B. Effect of a Finding of Attainment by Applicable Attainment Date on
CAA Contingency Measure Requirement
Upon our designation of Las Vegas Valley as a CO nonattainment
area, Las Vegas Valley became subject to the contingency provisions set
forth in subpart 1 (of title I of the Act) at section 172(c)(9) and in
subpart 3 at section 187(a)(3). For the reasons described below, we
believe that the contingency provisions under sections 172(c)(9) and
187(a)(3) are no longer required for CO nonattainment areas that are
determined to have attained the CO NAAQS by the applicable attainment
date.
Section 172(c)(9) requires a State to submit contingency measures
that will be implemented if an area fails to make ``reasonable further
progress'' (RFP) \1\ or fails to attain by the applicable attainment
date. Thus, the stated purpose of the contingency measure requirement
is to ensure RFP (the purpose of which is to ensure attainment by the
applicable attainment date) and attainment by the applicable attainment
date. If an area has in fact attained the standard by the applicable
attainment date, the stated purpose of the contingency measure
requirement will have already been fulfilled. Consequently, we believe
that the requirement for a State to submit revisions providing for
measures to meet the contingency provisions of section 172(c)(9) no
longer applies for an area that we find as having attained the relevant
NAAQS by the applicable attainment date. We note that we took this view
with respect to the general contingency measure requirement of section
172(c)(9) in our ``General Preamble for the Interpretation of Title I
of the Clean Air Act Amendments of 1990'' at 57 FR 13498 (April 16,
1992). In the General Preamble, we stated, in the context of a
discussion of the requirements applicable to the evaluation of requests
to redesignate nonattainment areas to attainment, that the ``section
172(c)(9) requirements for contingency measures * * * no longer apply
when an area has attained the standard and is eligible for
redesignation.'' See 57 FR 13498, at 13564 (April 16, 1992). See also
``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' from John Calcagni, Director, Air Quality Management
Division, to Regional Air Division Directors, September 4, 1992 (http:/
/www.epa.gov/ttn/naaqs/ozone/ozonetech/940904.pdf), at page 6.
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\1\ RFP means ``such annual incremental reductions in emissions
of the relevant air pollutant as are required by this part or may
reasonably be required by the Administrator for the purpose of
ensuring attainment of the applicable national ambient air quality
standard by the applicable date.'' See section 171(1) of the Act.
---------------------------------------------------------------------------
Section 187(a)(3) identifies two circumstances for which
contingency measures must be submitted. First, a State must submit
contingency measures to be implemented if any estimate of vehicle miles
traveled (VMT) in the area for any year prior to the attainment year
that is submitted in an annual report under section 187(a)(2)(A) (``VMT
tracking report'') exceeds the number predicted in the most recent
prior forecast. This aspect of section 187(a)(3) supports reasonable
further progress (RFP) by ensuring that the SIP contains a mechanism to
correct for underprediction in the CO plan of VMT and related motor
vehicle emissions in years prior to the attainment year, and thereby
serves to help maintain the overall year-to-year reduction in CO
emissions that is referred to as the RFP requirement. However, since
the provision applies only to years prior to the attainment year and
that year has already passed, and the purpose of RFP itself is
fulfilled upon a finding of attainment by the applicable attainment
date, we find that the additional support for RFP that would otherwise
be provided through the application of section 187(a)(3) is no longer
required upon that same finding of attainment by the applicable
attainment date.
Second, under section 187(a)(3) of the Act, a State must submit
contingency measures to be implemented if the area fails to attain the
national primary ambient air quality standard for carbon monoxide by
the primary standard attainment date. This aspect of section 187(a)(3),
i.e., failure to attain the CO NAAQS by the attainment date,
essentially restates the requirement in section 172(c)(9) (``* * *
measures to be undertaken if the area * * * fails to attain the
national primary ambient air quality standard by the attainment date
applicable under this part.'') As such, our interpretation of section
172(c)(9) described above that a State need no longer submit revisions
providing for measures to meet the contingency provisions of section
172(c)(9) for areas that we find as having attained the CO NAAQS by the
applicable attainment date applies equally to the
[[Page 3178]]
corresponding provision in section 187(a)(3).
Therefore, based on our proposed finding that Las Vegas Valley has
attained the CO NAAQS by the applicable attainment date (December 31,
2000), we propose to find that the contingency requirements under
section 172(c)(9) and 187(a)(3) of the Act will no longer apply for the
Las Vegas Valley CO nonattainment area at such time as we finalize our
proposed attainment finding.
III. EPA's Proposed Action
EPA proposes to find, pursuant to sections 179(c)(1) and 186(b)(2)
of the Act, that the Las Vegas Valley ``serious'' nonattainment area
has attained the NAAQS for CO by the applicable attainment date. If
finalized as proposed, our action will relieve the State of Nevada from
the obligation under section 187(g) of the Act to prepare and submit a
SIP revision providing for a reduction of CO emissions within Las Vegas
Valley by at least five percent per year in each year after approval of
the SIP revision until the CO NAAQS is attained. It should be noted
that this proposed action does not represent a proposal to redesignate
this area from ``nonattainment'' to ``attainment''. Under section
107(d)(3)(E), the Clean Air Act requires that, for an area to be
redesignated from nonattainment to attainment, five criteria must be
satisfied including the submittal by the State (and approval by EPA) of
a maintenance plan as a SIP revision. Therefore, the designation status
of Las Vegas Valley in 40 CFR part 81 is unaffected by this proposed
action, and Las Vegas Valley will remain a ``serious'' nonattainment
area for CO until such time as EPA finds that the State of Nevada has
met the Clean Air Act requirements for redesignation to attainment.
Based on our proposed finding of attainment by the applicable
attainment date, we are also proposing to determine that the CAA's
requirement for the SIP to provide for CO contingency measures will no
longer apply to Las Vegas Valley. In this instance, the State submitted
contingency measures (as part of the Las Vegas Valley serious area CO
plan adopted in August 2000), but we will continue to defer taking any
further action on them under sections 172(c)(9) and 187(a)(3) of the
Act in light of this proposed finding of attainment by the applicable
attainment date and resulting determination that the contingency
measure requirement no longer applies to the area. The State may elect
to withdraw the contingency measures to lift the obligation on EPA
under section 110(k) to act on SIP submittals within certain time
periods. If we finalize this action as proposed, then the remaining FIP
obligation (i.e., relative to contingency measures) that was triggered
24 months after our finding of Nevada's failure to submit a serious
area CO plan for Las Vegas Valley (see 64 FR 49084, September 10, 1999)
will be permanently lifted.
IV. Request for Public Comment
We are soliciting public comment on all aspects of this proposal.
These comments will be considered before taking final action. To
comment on today's proposal, you should submit comments by mail or in
person (in triplicate if possible) to the ADDRESSES section listed in
the front of this document. Your comments must be received by February
22, 2005 to be considered in the final action taken by EPA.
V. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This
proposed action merely proposes to find that an area has attained a
national ambient air quality standard based on an objective review of
measured air quality data. It also proposes to determine that certain
Clean Air Act requirements no longer apply so long as the area
continues to attain the standard. If finalized, it would not impose any
new regulations, mandates, or additional enforceable duties on any
public, nongovernmental, or private entity. Accordingly, the
Administrator certifies that this proposed rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this proposed rule does not impose any additional enforceable duty, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
This proposed rule also does not have tribal implications because
it will not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes, as specified by Executive
Order 13175 (65 FR 67249, November 9, 2000). This action also does not
have Federalism implications because it does not have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132 (64 FR 43255, August 10, 1999). This action
merely proposes to find that an area has attained a national ambient
air quality standard and is therefore not subject to certain specific
requirements for so long as the area continues to attain the standard,
and does not alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act. This proposed rule
also is not subject to Executive Order 13045 ``Protection of Children
from Environmental Health Risks and Safety Risks'' (62 FR 19885, April
23, 1997), because it is not economically significant.
This proposed rule does not involve establishment of technical
standards, and thus, the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do
not apply. This proposed rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.)
Authority: 42 U.S.C. 7401 et seq.
List of Subjects in 40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: January 7, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05-1119 Filed 1-19-05; 8:45 am]
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