Approval and Promulgation of Implementation Plans; Las Vegas Valley Carbon Monoxide Attainment Plan, 44587-44590 [E6-12761]
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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in the
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
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Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does 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.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order, because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
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require a statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D,
which guides the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, this
rule is categorically excluded, under
figure 2–1, paragraph (32)(e), of the
Instruction, from further environmental
documentation. Under figure 2–1,
paragraph (32)(e), of the Instruction, an
‘‘Environmental Analysis Check List’’
and a ‘‘Categorical Exclusion
Determination’’ are not required for this
rule.
List of Subjects in 33 CFR Part 117
Bridges.
Regulations
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
I
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
I
Authority: 33 U.S.C. 499; Department of
Homeland Security Delegation No. 0170.1; 33
CFR 1.05–1(g); Section 117.255 also issued
under authority of Pub. L. 102–587, 106 Stat.
5039.
2. From August 7, 2006 through 7 p.m.
on October 29, 2006, § 117.287(d)(3) is
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44587
suspended and (d)(5) is added to read as
follows:
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§ 117.287
Gulf Intracoastal Waterway.
*
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*
(d) * * *
(5) Pinellas Bayway Structure ‘‘E’’ (SR
679) bridge, mile 113 at St. Petersburg
Beach. The draw shall open on signal,
except that from 9 a.m. to 7 p.m. the
draw need open only on the hour and
30 minutes past the hour.
*
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Dated: July 17, 2006.
D.W. Kunkel,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. E6–12528 Filed 8–4–06; 8:45 am]
BILLING CODE 4910–15–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2006–0322; FRL–8190–2]
Approval and Promulgation of
Implementation Plans; Las Vegas
Valley Carbon Monoxide Attainment
Plan
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY: EPA is taking final action to
approve a revised attainment plan, as
modified to withdraw the motor vehicle
emissions budget for 2030, for the Las
Vegas Valley carbon monoxide
nonattainment area as a revision to the
Nevada state implementation plan. The
revised attainment plan, as modified,
includes revised base year and future
year emissions inventories and a revised
demonstration of continued attainment
of the carbon monoxide national
ambient air quality standard in Las
Vegas Valley through 2020 based on the
most recent emissions models and
planning assumptions and establishes
new motor vehicle emissions budgets.
EPA is acting under section 110(k) of
the Clean Air Act, which obligates the
Agency to take action on State
submittals of revisions to state
implementation plans. The intended
effect of this approval action is to
update the carbon monoxide motor
vehicle emissions budgets in the Las
Vegas area and thereby make them
available for the purposes of
transportation conformity.
DATES: This rule is effective on
September 6, 2006.
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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations
EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2006–0322. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other information, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. 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:
Karina O’Connor, EPA Region IX,
telephone number: (775) 833–1276; fax
number: (775) 833–1276; e-mail address:
oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
ADDRESSES:
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Table of Contents
I. What Action Did EPA Propose?
II. Is the Background for This Rule?
III. What Comments Did We Receive on the
Proposed Action?
IV. What Is Our Final Action?
V. Statutory and Executive Order Reviews
I. What Action Did EPA Propose?
On May 9, 2006 (71 FR 26910), under
section 110(k) of the Clean Air Act
(CAA or ‘‘Act’’), we proposed to
approve the Carbon Monoxide State
Implementation Plan Revision, Las
Vegas Valley Nonattainment Area,
Clark County, Nevada (October 2005),
which was adopted by the Clark County
Board of Commissioners on October 4,
2005 and submitted to EPA by NDEP on
February 14, 2006, as a revision to the
Nevada SIP on the condition that Clark
County and the State of Nevada
withdraw the 2030 motor vehicle
emission budget, or, in the alternative,
we propose to disapprove the plan.
Specifically, we proposed to approve
the plan’s revised base year and
projected emission inventories and
modeling demonstration of continued
attainment of the CO standard through
2020. Our proposed disapproval was
based on our finding that the plan does
not demonstrate continued attainment
in year 2030 because it lacks micro-scale
modeling analysis for the environs of
the County’s airports in that year.
Furthermore, we found that, with the
exception of the 2030 budget, the new
motor vehicle emissions budgets
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established in the plan are also
consistent with continued attainment of
the CO NAAQS in Las Vegas Valley.
Thus, we proposed to approve the motor
vehicle emissions budgets from the 2005
CO plan for 2006, 2010, 2015, and 2020
as meeting the purposes of section
176(c)(1) and the transportation
conformity rule at 40 CFR 93, subpart A
contingent upon the withdrawal of the
2030 budget by Clark County and the
State of Nevada, and to disapprove the
submitted budgets in the 2005 CO plan,
in the alternative, if no such withdrawal
was made.
As discussed below, the State of
Nevada has submitted a second SIP
revision that withdraws the 2030
budget, and we received no comments
on our proposal, and thus, we are taking
final action to approve the 2005 CO
plan, as amended, and to approve the
related motor vehicle emissions budgets
for 2006, 2010, 2015, and 2020.
II. What Is the Background for This
Rule?
Based on monitoring data from the
mid-1970’s, EPA designated Las Vegas
Valley 1 as a carbon monoxide (CO)
nonattainment area under the Clean Air
Act (CAA or ‘‘Act’’), as amended in
1977. See 43 FR 8962, 9012 (March 3,
1978). In response, Clark County and
the State of Nevada adopted and
implemented various air quality plans
and programs, including a vehicle
inspection and maintenance (I/M)
program, to reduce CO levels in Las
Vegas Valley, but the CO national
ambient air quality standards (NAAQS)
were not attained by the then-applicable
1987 attainment date. [EPA approved
these plans and programs at various
times as revisions to the Nevada state
implementation plan (SIP).]
The CAA was significantly amended
by Congress in 1990 to establish new
attainment dates and planning and
control requirements for areas that had
failed to attain the NAAQS under the
1977 Amendments. Under the 1990
Amended Act, Las Vegas Valley was
initially classified as a ‘‘moderate’’
nonattainment area for CO but was later
reclassified as a ‘‘serious’’ CO
nonattainment area after having missed
the attainment date for moderate areas.
In response to the ‘‘moderate’’, and
then ‘‘serious,’’ nonattainment
classification and related CAA
requirements, Clark County and the
State of Nevada adopted and
implemented new air quality plans and
1 The boundaries of the Las Vegas Valley CO
nonattainment area are defined by reference to State
hydrographic area #212, which covers the central
portion of Clark County. See 40 CFR 81.329.
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programs, including a ‘‘serious’’ area
attainment plan, the Carbon Monoxide
State Implementation Plan, Las Vegas
Valley Nonattainment Area, Clark
County, Nevada (August 2000) (‘‘2000
CO plan’’). In 2004, we approved the
2000 CO plan and related motor vehicle
emissions budgets for years 2000, 2010
and 2020. See 69 FR 56351, September
21, 2004.
In response to changes in the EPAapproved motor vehicle emission factor
model and higher-than-forecast
increases in population growth in Las
Vegas Valley, the Clark County
Department of Air Quality and
Environmental Management (DAQEM),
in consultation with the Regional
Transportation Commission of Southern
Nevada (RTC), undertook a
comprehensive air quality planning
effort to review and update the 2000 CO
plan and the associated motor vehicle
emission budgets to maintain
consistency for future transportation
conformity findings. The planning
efforts culminated in the preparation of
the Carbon Monoxide State
Implementation Plan Revision, Las
Vegas Valley Nonattainment Area,
Clark County, Nevada (October 2005)
(‘‘2005 CO plan’’). The Clark County
Board of Commissioners adopted the
2005 CO plan on October 4, 2005, and
the Nevada Division of Environmental
Protection (NDEP) submitted the plan to
EPA as a revision to the Nevada SIP on
February 14, 2006.
The 2005 CO plan, as adopted on
October 4, 2005 and submitted on
February 14, 2006, includes revised base
year and future year emissions
inventories and a revised demonstration
of continued attainment of the CO
NAAQS in Las Vegas Valley through
2030 based on the most recent
emissions models and planning
assumptions and establishes new motor
vehicle emissions budgets. The
inventories and modeling
demonstration included in the 2005 CO
plan relate to analysis years 1996, 2006,
2010, 2015, 2020 and 2030. The plan
allocates almost all of the estimated
safety margins 2 in years 2006, 2010,
2015, 2020, and 2030 to the on-road
motor vehicle emissions category. Based
on our review and evaluation of NDEP’s
February 14, 2006 SIP revision
submittal, we proposed to approve the
2005 CO plan on the condition that
2 The term ‘‘safety margin’’ refers to the amount
by which the total projected emissions from all
sources of a given pollutant are less than the total
emissions that would satisfy the applicable
requirement for reasonable further progress,
attainment or maintenance. See 40 CFR 93.101. The
2005 CO plan also allocates a small portion of the
safety margins to certain point sources.
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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations
acceptable methods and the most recent
models and planning assumptions.
Furthermore, we find that the new
motor vehicle emissions budgets
established in the plan and reflecting
scaled inventories are also consistent
with continued attainment of the CO
NAAQS in Las Vegas Valley. Thus, we
are approving the following motor
vehicle emissions budgets from the 2005
CO plan, as modified by the withdrawal
of the 2030 budget as set forth in
NDEP’s February 12, 2006 submittal, as
meeting the purposes of section
176(c)(1) and the transportation
conformity rule at 40 CFR part 93,
subpart A:
Clark County and the State of Nevada
withdraw the 2030 motor vehicle
emission budget, or, in the alternative,
to disapprove the plan. See 71 FR 26910
(May 9, 2006).
As stated in our proposed rule
published on May 9, 2006, our objection
to the 2030 budget was premised on our
finding that the plan lacks micro-scale
modeling analysis for the environs of
the County’s airports in that year. In
response, on May 2, 2006, Clark County
adopted a revision to the 2005 CO plan
that involved withdrawal of the 2030
budget and revision and replacement of
the specific section of the plan (section
7.3, page 7–2, ‘‘Mobile Source
Emissions Budget’’) that identifies the
emissions budgets. On May 12, 2006,
NDEP submitted the amended page of
the plan to EPA as a SIP revision
together with evidence of adoption of
this amendment by the Clark County
Board of Commissioners. We have
reviewed the May 12, 2006 submittal,
and find that it meets the condition we
placed on the proposed approval of the
2005 CO plan, and thus we are taking
final action today to approve the plan,
as amended.
Please see the proposed rule at 71 FR
26910 (May 9, 2006) for more
information about the background
leading up to the submittal of the 2005
CO plan and our review and evaluation
of the plan.
Our action today in approving the
above budgets has the effect of replacing
the previously-approved CO motor
vehicle emissions budgets from the Las
Vegas Valley 2000 CO plan for the
purposes of transportation conformity.
III. What Comments Did We Receive on
the Proposed Action?
V. Statutory and Executive Order
Reviews
CO MOTOR VEHICLE EMISSIONS
BUDGET
[December weekday]
Tons per
day
Year
2006
2010
2015
2020
..............................................
..............................................
..............................................
..............................................
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EPA provided a 30-day review and
comment period on the proposal
published in the Federal Register on
May 9, 2006 (71 FR 26910). We received
no comments on our proposed
rulemaking.
623
690
768
817
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this 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,
IV. What Is Our Final Action?
‘‘Actions Concerning Regulations That
Pursuant to section 110(k) of the Act
Significantly Affect Energy Supply,
and for the reasons set forth above and
Distribution, or Use’’ (66 FR 28355, May
in the proposed rule, we are approving
22, 2001). This action merely approves
the Carbon Monoxide State
an air quality plan as meeting Federal
Implementation Plan Revision, Las
requirements and imposes no additional
Vegas Valley Nonattainment Area,
requirements beyond those imposed by
Clark County, Nevada (October 2005), as state law. Accordingly, the
adopted on October 4, 2005 by the Clark Administrator certifies that this rule
County Board of Commissioners and
will not have a significant economic
submitted by NDEP on February 14,
impact on a substantial number of small
2006, and as amended by the board on
entities under the Regulatory Flexibility
May 2, 2006 and submitted by NDEP on Act (5 U.S.C. 601 et seq.). Because this
May 12, 2006, as a revision to the
rule approves pre-existing requirements
Nevada SIP.
under state law and does not impose
any additional enforceable duty beyond
Our approval is based on our
that required by state law, it does not
evaluation of the plan submittals and
contain any unfunded mandate or
determination that the plan’s revised
significantly or uniquely affect small
base year and projected emission
governments, as described in the
inventories and modeling
Unfunded Mandates Reform Act of 1995
demonstration of continued attainment
(Pub. L. 104–4).
of the CO standard through 2020 reflect
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44589
This 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
approves a state plan implementing a
Federal standard and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This 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.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. 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 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.).
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 rule 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
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Federal Register / Vol. 71, No. 151 / Monday, August 7, 2006 / Rules and Regulations
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 October 6, 2006. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: June 20, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. Section 52.1470 is amended by
adding paragraphs (c)(57) and (c)(58) to
read as follows:
I
Identification of plan.
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(c) * * *
(57) The following plan revision was
submitted on February 14, 2006, by the
Governor’s designee.
(i) Incorporation by reference.
(A) Clark County Department of Air
Quality and Environmental
Management.
(1) Carbon Monoxide State
Implementation Plan Revision, Las
Vegas Valley Nonattainment Area, Clark
County, Nevada, adopted on October 4,
2005 by the Clark County Board of
Commissioners (with the exception of
section 7.3 (page 7–2), ‘‘Mobile Source
Emissions Budget’’).
(58) The following plan revision was
submitted on May 12, 2006, by the
Governor’s designee.
(i) Incorporation by reference.
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BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 051014263–6028–03; I.D.
080106A]
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; End
of the Pacific Whiting Primary Season
for the Shore-based Sector and the
Resumption of Trip Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; request for
comments.
PART 52—[AMENDED]
*
[FR Doc. E6–12761 Filed 8–4–06; 8:45 am]
AGENCY:
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
§ 52.1470
(A) Clark County Department of Air
Quality and Environmental
Management.
(1) Section 7.3 (page 7–2), ‘‘Mobile
Source Emissions Budget’’ of the Carbon
Monoxide State Implementation Plan
Revision, Las Vegas Valley
Nonattainment Area, Clark County,
Nevada, adopted on May 2, 2006 by the
Clark County Board of Commissioners.
SUMMARY: NMFS announces the end of
the 2006 primary season for the Pacific
whiting (whiting) shore-based sector at
6 p.m. local time (l.t.) August 2, 2006,
because the allocation is projected to be
reached. This action is intended to keep
the harvest of whiting at the 2006
allocation levels.
DATES: Effective from 6 p.m. l.t. August
2, 2006, until January 1, 2007.
Comments will be accepted through
August 22, 2006.
ADDRESSES: You may submit comments,
identified by [docket number and/or
RIN number], by any of the following
methods:
• E-mail:.
WhitingSBclosure2006.nwr@noaa.gov
Include [docket number and/or RIN
number] in the subject line of the
message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 206–526–6736, Attn: Becky
Renko.
• Mail: D. Robert Lohn,
Administrator, Northwest Region,
NMFS, 7600 Sand Point Way NE,
Seattle, WA 98115–0070, Attn: Becky
Renko.
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FOR FURTHER INFORMATION CONTACT:
Becky Renko at 206–526–6110.
SUPPLEMENTARY INFORMATION: This
action is authorized by regulations
implementing the Pacific Coast
Groundfish Fishery Management Plan
(FMP), which governs the groundfish
fishery off Washington, Oregon, and
California.
The regulations at 50 CFR 660.323(a)
establish separate allocations for the
catcher/processor, mothership, and
shore-based sectors of the whiting
fishery. For 2006, the 232,069 mt
commercial harvest guideline for
whiting is divided with the catcher/
processor sector receiving 78,903 mt (34
percent); the mothership sector
receiving 55,696 mt (24 percent); and
the shore-based sector receiving 97,469
mt (42 percent).
Regulations at 50 CFR 660.373(b)
describe the primary season for each
sector. The primary season for the
shore-based sector is the period(s) when
the large-scale target fishery is
conducted, and when ‘‘per trip’’ limits
are not in effect. Before and after the
primary season, per-trip limits are in
effect for whiting.
The best available information on July
31, 2006, indicates that 81,159 mt had
been taken through July 27, 2006, 2006,
and that the 97,469 mt shore-based
allocation will be reached by August 2,
2006. This Federal Register document
announces that the primary season for
the shore-based sector ends on August
2, 2006, and a 10,000–lb (4,536–kg) trip
limit is imposed. Per-trip limits are for
vessels using large or small footrope
trawl gear and are intended to
accommodate small bait and fresh fish
markets, and bycatch in other fisheries.
To minimize incidental catch of
Chinook salmon by vessels fishing
shoreward of the 100–fm (183–m)
contour in the Eureka area, at any time
during a fishing trip, a limit of 10,000
lb (4,536 kg) of whiting is in effect yearround, except when landings of whiting
are prohibited.
NMFS Action
For the reasons stated above, and in
accordance with the regulations at 50
CFR 660.323(b)(3), NMFS herein
announces:
Effective 6 p.m. l.t. August 2, 2006, no
more than 10,000 lb (4,536 kg) of
whiting may be taken and retained,
possessed or landed by any vessel
participating in the shore-based sector
of the whiting fishery, unless otherwise
announced in the Federal Register. If a
vessel fishes shoreward of the 100–fm
(183–m) contour in the Eureka area (43°
- 40°30′ N. lat.) at any time during a
fishing trip, the 10,000–lb (4,536–kg)
E:\FR\FM\07AUR1.SGM
07AUR1
]]>Agencies
[Federal Register Volume 71, Number 151 (Monday, August 7, 2006)]
[Rules and Regulations]
[Pages 44587-44590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12761]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2006-0322; FRL-8190-2]
Approval and Promulgation of Implementation Plans; Las Vegas
Valley Carbon Monoxide Attainment Plan
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action to approve a revised attainment
plan, as modified to withdraw the motor vehicle emissions budget for
2030, for the Las Vegas Valley carbon monoxide nonattainment area as a
revision to the Nevada state implementation plan. The revised
attainment plan, as modified, includes revised base year and future
year emissions inventories and a revised demonstration of continued
attainment of the carbon monoxide national ambient air quality standard
in Las Vegas Valley through 2020 based on the most recent emissions
models and planning assumptions and establishes new motor vehicle
emissions budgets. EPA is acting under section 110(k) of the Clean Air
Act, which obligates the Agency to take action on State submittals of
revisions to state implementation plans. The intended effect of this
approval action is to update the carbon monoxide motor vehicle
emissions budgets in the Las Vegas area and thereby make them available
for the purposes of transportation conformity.
DATES: This rule is effective on September 6, 2006.
[[Page 44588]]
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R09-OAR-2006-0322. All documents in the docket are listed on
the https://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
information, such as copyrighted material, will be publicly available
only in hard copy. Publicly available docket materials are available
either electronically in https://www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street, San Francisco, California. 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: Karina O'Connor, EPA Region IX,
telephone number: (775) 833-1276; fax number: (775) 833-1276; e-mail
address: oconnor.karina@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. What Action Did EPA Propose?
II. Is the Background for This Rule?
III. What Comments Did We Receive on the Proposed Action?
IV. What Is Our Final Action?
V. Statutory and Executive Order Reviews
I. What Action Did EPA Propose?
On May 9, 2006 (71 FR 26910), under section 110(k) of the Clean Air
Act (CAA or ``Act''), we proposed to approve the Carbon Monoxide State
Implementation Plan Revision, Las Vegas Valley Nonattainment Area,
Clark County, Nevada (October 2005), which was adopted by the Clark
County Board of Commissioners on October 4, 2005 and submitted to EPA
by NDEP on February 14, 2006, as a revision to the Nevada SIP on the
condition that Clark County and the State of Nevada withdraw the 2030
motor vehicle emission budget, or, in the alternative, we propose to
disapprove the plan. Specifically, we proposed to approve the plan's
revised base year and projected emission inventories and modeling
demonstration of continued attainment of the CO standard through 2020.
Our proposed disapproval was based on our finding that the plan does
not demonstrate continued attainment in year 2030 because it lacks
micro-scale modeling analysis for the environs of the County's airports
in that year.
Furthermore, we found that, with the exception of the 2030 budget,
the new motor vehicle emissions budgets established in the plan are
also consistent with continued attainment of the CO NAAQS in Las Vegas
Valley. Thus, we proposed to approve the motor vehicle emissions
budgets from the 2005 CO plan for 2006, 2010, 2015, and 2020 as meeting
the purposes of section 176(c)(1) and the transportation conformity
rule at 40 CFR 93, subpart A contingent upon the withdrawal of the 2030
budget by Clark County and the State of Nevada, and to disapprove the
submitted budgets in the 2005 CO plan, in the alternative, if no such
withdrawal was made.
As discussed below, the State of Nevada has submitted a second SIP
revision that withdraws the 2030 budget, and we received no comments on
our proposal, and thus, we are taking final action to approve the 2005
CO plan, as amended, and to approve the related motor vehicle emissions
budgets for 2006, 2010, 2015, and 2020.
II. What Is the Background for This Rule?
Based on monitoring data from the mid-1970's, EPA designated Las
Vegas Valley \1\ as a carbon monoxide (CO) nonattainment area under the
Clean Air Act (CAA or ``Act''), as amended in 1977. See 43 FR 8962,
9012 (March 3, 1978). In response, Clark County and the State of Nevada
adopted and implemented various air quality plans and programs,
including a vehicle inspection and maintenance (I/M) program, to reduce
CO levels in Las Vegas Valley, but the CO national ambient air quality
standards (NAAQS) were not attained by the then-applicable 1987
attainment date. [EPA approved these plans and programs at various
times as revisions to the Nevada state implementation plan (SIP).]
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\1\ The boundaries of the Las Vegas Valley CO nonattainment area
are defined by reference to State hydrographic area 212,
which covers the central portion of Clark County. See 40 CFR 81.329.
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The CAA was significantly amended by Congress in 1990 to establish
new attainment dates and planning and control requirements for areas
that had failed to attain the NAAQS under the 1977 Amendments. Under
the 1990 Amended Act, Las Vegas Valley was initially classified as a
``moderate'' nonattainment area for CO but was later reclassified as a
``serious'' CO nonattainment area after having missed the attainment
date for moderate areas.
In response to the ``moderate'', and then ``serious,''
nonattainment classification and related CAA requirements, Clark County
and the State of Nevada adopted and implemented new air quality plans
and programs, including a ``serious'' area attainment plan, the Carbon
Monoxide State Implementation Plan, Las Vegas Valley Nonattainment
Area, Clark County, Nevada (August 2000) (``2000 CO plan''). In 2004,
we approved the 2000 CO plan and related motor vehicle emissions
budgets for years 2000, 2010 and 2020. See 69 FR 56351, September 21,
2004.
In response to changes in the EPA-approved motor vehicle emission
factor model and higher-than-forecast increases in population growth in
Las Vegas Valley, the Clark County Department of Air Quality and
Environmental Management (DAQEM), in consultation with the Regional
Transportation Commission of Southern Nevada (RTC), undertook a
comprehensive air quality planning effort to review and update the 2000
CO plan and the associated motor vehicle emission budgets to maintain
consistency for future transportation conformity findings. The planning
efforts culminated in the preparation of the Carbon Monoxide State
Implementation Plan Revision, Las Vegas Valley Nonattainment Area,
Clark County, Nevada (October 2005) (``2005 CO plan''). The Clark
County Board of Commissioners adopted the 2005 CO plan on October 4,
2005, and the Nevada Division of Environmental Protection (NDEP)
submitted the plan to EPA as a revision to the Nevada SIP on February
14, 2006.
The 2005 CO plan, as adopted on October 4, 2005 and submitted on
February 14, 2006, includes revised base year and future year emissions
inventories and a revised demonstration of continued attainment of the
CO NAAQS in Las Vegas Valley through 2030 based on the most recent
emissions models and planning assumptions and establishes new motor
vehicle emissions budgets. The inventories and modeling demonstration
included in the 2005 CO plan relate to analysis years 1996, 2006, 2010,
2015, 2020 and 2030. The plan allocates almost all of the estimated
safety margins \2\ in years 2006, 2010, 2015, 2020, and 2030 to the on-
road motor vehicle emissions category. Based on our review and
evaluation of NDEP's February 14, 2006 SIP revision submittal, we
proposed to approve the 2005 CO plan on the condition that
[[Page 44589]]
Clark County and the State of Nevada withdraw the 2030 motor vehicle
emission budget, or, in the alternative, to disapprove the plan. See 71
FR 26910 (May 9, 2006).
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\2\ The term ``safety margin'' refers to the amount by which the
total projected emissions from all sources of a given pollutant are
less than the total emissions that would satisfy the applicable
requirement for reasonable further progress, attainment or
maintenance. See 40 CFR 93.101. The 2005 CO plan also allocates a
small portion of the safety margins to certain point sources.
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As stated in our proposed rule published on May 9, 2006, our
objection to the 2030 budget was premised on our finding that the plan
lacks micro-scale modeling analysis for the environs of the County's
airports in that year. In response, on May 2, 2006, Clark County
adopted a revision to the 2005 CO plan that involved withdrawal of the
2030 budget and revision and replacement of the specific section of the
plan (section 7.3, page 7-2, ``Mobile Source Emissions Budget'') that
identifies the emissions budgets. On May 12, 2006, NDEP submitted the
amended page of the plan to EPA as a SIP revision together with
evidence of adoption of this amendment by the Clark County Board of
Commissioners. We have reviewed the May 12, 2006 submittal, and find
that it meets the condition we placed on the proposed approval of the
2005 CO plan, and thus we are taking final action today to approve the
plan, as amended.
Please see the proposed rule at 71 FR 26910 (May 9, 2006) for more
information about the background leading up to the submittal of the
2005 CO plan and our review and evaluation of the plan.
III. What Comments Did We Receive on the Proposed Action?
EPA provided a 30-day review and comment period on the proposal
published in the Federal Register on May 9, 2006 (71 FR 26910). We
received no comments on our proposed rulemaking.
IV. What Is Our Final Action?
Pursuant to section 110(k) of the Act and for the reasons set forth
above and in the proposed rule, we are approving the Carbon Monoxide
State Implementation Plan Revision, Las Vegas Valley Nonattainment
Area, Clark County, Nevada (October 2005), as adopted on October 4,
2005 by the Clark County Board of Commissioners and submitted by NDEP
on February 14, 2006, and as amended by the board on May 2, 2006 and
submitted by NDEP on May 12, 2006, as a revision to the Nevada SIP.
Our approval is based on our evaluation of the plan submittals and
determination that the plan's revised base year and projected emission
inventories and modeling demonstration of continued attainment of the
CO standard through 2020 reflect acceptable methods and the most recent
models and planning assumptions.
Furthermore, we find that the new motor vehicle emissions budgets
established in the plan and reflecting scaled inventories are also
consistent with continued attainment of the CO NAAQS in Las Vegas
Valley. Thus, we are approving the following motor vehicle emissions
budgets from the 2005 CO plan, as modified by the withdrawal of the
2030 budget as set forth in NDEP's February 12, 2006 submittal, as
meeting the purposes of section 176(c)(1) and the transportation
conformity rule at 40 CFR part 93, subpart A:
CO Motor Vehicle Emissions Budget
[December weekday]
------------------------------------------------------------------------
Tons per
Year day
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2006......................................................... 623
2010......................................................... 690
2015......................................................... 768
2020......................................................... 817
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Our action today in approving the above budgets has the effect of
replacing the previously-approved CO motor vehicle emissions budgets
from the Las Vegas Valley 2000 CO plan for the purposes of
transportation conformity.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 action
merely approves an air quality plan as meeting Federal requirements and
imposes no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, 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 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 approves a state plan
implementing a Federal standard and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This 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.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. 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 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.).
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 rule 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
[[Page 44590]]
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 October 6, 2006. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule 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 in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: June 20, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. Section 52.1470 is amended by adding paragraphs (c)(57) and (c)(58)
to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(57) The following plan revision was submitted on February 14,
2006, by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Carbon Monoxide State Implementation Plan Revision, Las Vegas
Valley Nonattainment Area, Clark County, Nevada, adopted on October 4,
2005 by the Clark County Board of Commissioners (with the exception of
section 7.3 (page 7-2), ``Mobile Source Emissions Budget'').
(58) The following plan revision was submitted on May 12, 2006, by
the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality and Environmental
Management.
(1) Section 7.3 (page 7-2), ``Mobile Source Emissions Budget'' of
the Carbon Monoxide State Implementation Plan Revision, Las Vegas
Valley Nonattainment Area, Clark County, Nevada, adopted on May 2, 2006
by the Clark County Board of Commissioners.
[FR Doc. E6-12761 Filed 8-4-06; 8:45 am]
BILLING CODE 6560-50-P
