Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Nevada; Wintertime Oxygenated Gasoline Rule; Vehicle Inspection and Maintenance Program; Redesignation of Truckee Meadows to Attainment for the Carbon Monoxide Standard, 1175-1195 [E7-25636]
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Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
state rule implementing a Federal
standard.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the 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 Act. Redesignation is an action that
affects the status of a geographical area
and does not impose any new
requirements on sources. 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. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this proposed rule, EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. EPA
has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the executive
order.
This rule, proposing to approve the
redesignation of the Allentown Area to
attainment for the 8-hour ozone
NAAQS, the associated maintenance
plan, the 2002 base-year inventory, and
the MVEBs identified in the
maintenance plan, does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501, et seq.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Nitrogen oxides,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
40 CFR Part 81
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Air pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401, et seq.
Dated: December 18, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. E8–27 Filed 1–4–08; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2007–0561; FRL–8513–6]
Approval and Promulgation of
Implementation Plans and Designation
of Areas for Air Quality Planning
Purposes; Nevada; Wintertime
Oxygenated Gasoline Rule; Vehicle
Inspection and Maintenance Program;
Redesignation of Truckee Meadows to
Attainment for the Carbon Monoxide
Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
certain submittals by the State of
Nevada of revisions to the Nevada state
implementation plan that are intended
to provide for attainment and
maintenance of the carbon monoxide
national ambient air quality standard in
the Truckee Meadows nonattainment
area located within Washoe County,
Nevada. These revisions include a local
wintertime oxygenated gasoline rule, a
‘‘basic’’ vehicle inspection and
maintenance program (including a
performance standard evaluation),
current statutory provisions and State
rules governing mobile sources, a
maintenance plan and related motor
vehicle emissions budgets. EPA is also
proposing to approve Nevada’s request
to redesignate the Truckee Meadows
carbon monoxide nonattainment area to
attainment. Lastly, EPA is proposing to
rescind a provision previously approved
in error related to inspection and
maintenance of vehicles operated on
Federal installations. EPA proposes
these actions pursuant to those
provisions of the Clean Air Act that
obligate the Agency to take action on
submittals of revisions to state
implementation plans and requests for
redesignation. This proposed action is
intended to make certain State and local
measures and commitments related to
attainment and maintenance of the
carbon monoxide standard in Truckee
Meadows federally enforceable as part
of the Nevada state implementation
plan.
DATE: Any comments on this proposal
must arrive by February 6, 2008.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–0561, by one of the
following methods:
1. Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
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2. E-mail: kaplan.eleanor@epa.gov.
3. Mail or deliver: Eleanor Kaplan
(AIR–2), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105–3901.
Instructions: Direct your comments to
Docket ID No. EPA–R09–OAR–2007–
0561. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means that EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send e-mail directly to
EPA, without going through https://
www.regulations.gov, your e-mail
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of the comment and with any
disk or CD-ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. 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 form. Publicly available
docket materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the Office of Air Planning,
Environmental Protection Agency
(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.
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Table of Contents
I. Summary of Today’s Proposed Action
II. Nature, Sources, and Health Effects of
Carbon Monoxide
III. Introduction to Truckee Meadows,
Washoe County, Nevada
IV. History of Carbon Monoxide Planning in
Truckee Meadows
V. Nevada’s Procedures for Adoption of these
SIP Revisions
VI. Washoe County’s Wintertime Oxygenated
Fuel Requirements
VII. Nevada’s Motor Vehicle Inspection and
Maintenance (I/M) Program in Truckee
Meadows
A. Background Information
B. Evaluation of the State’s I/M Program in
Truckee Meadows
VIII. Clean Air Act Requirements for
Redesignation to Attainment
IX. Evaluation of the State’s Redesignation
Request for Truckee Meadows
A. The Area Must Have Attained the
Applicable NAAQS.
B. The Area Must Have a Fully Approved
SIP Under Section 110(k) of the CAA.
C. The Area Must Show the Improvement
in Air Quality Is Due to Permanent and
Enforceable Emissions Reductions.
D. The Area Must Have Met All Applicable
Requirements Under Section 110 and
Part D.
1. Section 110 Requirements
2. Part D Requirements
E. The Area Must Have a Fully Approved
Maintenance Plan Under CAA Section
175A.
1. Attainment Inventory
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Plan
Plan, plan element or rule
Adoption date(s)
FOR FURTHER INFORMATION CONTACT:
Eleanor Kaplan, EPA Region IX, (415)
947–4147, kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
This supplementary information is
organized as follows:
Washoe County District Board of Health Regulations Governing Air Quality Management,
section 040.095 (‘‘Oxygen content of motor
vehicle fuel’’).
State Implementation Plan for a Basic Program
for the Inspection and Maintenance of Motor
Vehicles for the Truckee Meadows Planning
Area, Nevada (June 1994).
Basic I/M Performance Standard Evaluation .....
Nevada Mobile Source SIP, Update of the Regulatory Element (May 11, 2007).
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Redesignation Request and Maintenance Plan
for the Truckee Meadows Carbon Monoxide
Non-Attainment Area (September 2005).
Specifically, we are proposing to
approve NDEP’s SIP revision submittal
dated November 4, 2005 of the
wintertime oxygenated gasoline rule as
amended on September 22, 2005 by the
Washoe County District Board of Health
(‘‘District’’) and codified as District
Regulations Governing Air Quality
Management section 040.095 (‘‘District
rule 040.095’’). We are also proposing to
approve the SIP revision submittal
dated June 3, 1994 of the State
Implementation Plan for a Basic
Program for the Inspection and
Maintenance of Motor Vehicles for the
Truckee Meadows Planning Area,
Nevada (June 1994) (‘‘Basic I/M SIP’’).
In connection with the basic vehicle
inspection and maintenance (I/M)
program in Truckee Meadows, we are
proposing to approve two subsequent
SIP revision submittals: A ‘‘basic’’ I/M
performance standard evaluation
(‘‘Basic I/M Performance Standard
Evaluation’’) submitted on November 2,
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6. Subsequent Maintenance Plan Revisions
7. Motor Vehicle Emissions Budgets
8. Conclusion
X. Proposed Action and Request for
Comment
XI. Administrative Requirements
I. Summary of Today’s Proposed Action
Under section 110(k)(3) of the Clean
Air Act, as amended in 1990 (CAA or
‘‘Act’’), EPA is proposing to approve
certain submittals of revisions to the
Nevada state implementation plan (SIP)
by the Nevada Division of
Environmental Protection (NDEP).
These revisions are intended to provide
for attainment and maintenance of the
carbon monoxide (CO) national ambient
air quality standards (NAAQS) in the
Truckee Meadows nonattainment area
located within Washoe County, Nevada.
The specific SIP revision submittals that
we are proposing to approve are listed
in the following table:
State of Nevada submittal date(s)
Originally adopted on Dec. 21, 1988 and Submitted on Apr. 14, 1991; resubmitted as
amended on Apr. 18, 1990; amended on
amended on Nov. 13, 1992; re-submitted as
Sept. 23, 1992; amended on Sept. 22, 2005.
amended on Nov. 4, 2005.
Regulations adopted at various times by the
State Environmental Commission and Department of Motor Vehicles but superseded
by SIP revision submittal dated May 11,
2007, as listed below.
Sept. 28, 2006 ..................................................
Regulations adopted at various times by State
Environmental Commission and Department
of Motor Vehicles.
Sept. 22, 2005 ..................................................
June 3, 1994.
2006 and the Nevada Mobile Source
SIP, Update of the Regulatory Element
(May 11, 2007) (‘‘Mobile Source SIP
Update’’) submitted on May 11, 2007.
NDEP’s Mobile Source SIP Update
contains current I/M-related statutory
provisions, regulations, and updated
exhaust gas analyzer specifications.1 In
so doing, we find that the above
submittals fulfill the applicable
requirements under section 110 and part
D (of title I) of the Act.
In connection with our proposed
approval of the State’s Basic I/M SIP, as
supplemented and amended in
submittals dated November 2, 2006 and
May 11, 2007, we are taking no action
on submitted rule NAC 445B.595(2),
which extends the State’s I/M
requirements to motor vehicles operated
on Federal installations located within
I/M areas because the Federal
government has not waived sovereign
immunity in the context of vehicle I/M
programs. Furthermore, we are
proposing, under CAA section 110(k)(6),
to rescind our previous, and erroneous,
approval of NAC 445B.595(2) into the
Nevada SIP in 2004, also on the grounds
of sovereign immunity.
Lastly, we are proposing to approve
NDEP’s SIP revision submittal (dated
November 4, 2005) of the Redesignation
1 The statutory provisions and rules submitted by
NDEP on May 11, 2007 represent a comprehensive
update to the regulatory portion of the State’s
mobile source SIP (excluding the rules establishing
fuels specifications, alternative fuels programs for
government vehicles, and local rules related to
mobile sources), including the regulatory portion of
the State’s Truckee Meadows I/M SIP, which was
last approved in 1984 (49 FR 44208, November 5,
1984), and the regulatory portion of the State’s Las
Vegas Valley I/M SIP, which was last approved in
2004 (69 FR 56351, September 21, 2004). The
current submitted versions of the I/M-related
statutory provisions and rules are not significantly
different than the corresponding versions of the
statutory provisions and rules approved in 2004 for
the State’s Las Vegas I/M program, and are
consistent with the underlying assumptions used to
develop the Las Vegas Valley 2005 CO Plan, which
was approved by EPA on August 7, 2006 (71 FR
44587).
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Nov. 2, 2006.
May 11, 2007.
Nov. 4, 2005.
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Request and Maintenance Plan for the
Truckee Meadows Carbon Monoxide
Non-Attainment Area (September 2005)
(‘‘Truckee Meadows CO Maintenance
Plan’’), adopted by the District on
September 22, 2005, and to approve
NDEP’s request for redesignation of the
Truckee Meadows CO nonattainment
area to attainment. In connection with
our proposed approval of the Truckee
Meadows CO Maintenance Plan, we are
approving certain commitments by the
District, contingency provisions, and CO
motor vehicle emissions budgets for
years 2010 and 2016 for the purposes of
transportation conformity. In so doing,
we find that the Truckee Meadows CO
Maintenance Plan meets the
requirements for maintenance plans
under section 175A of the Act. In
connection with our proposed approval
of NDEP’s redesignation request, we
find that the State has fulfilled the
criteria for redesignation of the Truckee
Meadows CO nonattainment area from
nonattainment to attainment as set forth
in section 107(d)(3)(E).2
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II. Nature, Sources, and Health Effects
of Carbon Monoxide
Carbon monoxide (CO) is a colorless
and odorless gas, formed when carbon
in fuel is not burned completely. It is a
component of motor vehicle exhaust,
which contributes about 60 percent of
all CO emissions nationwide. Nonroad
vehicles account for the remaining CO
emissions from transportation sources.
High concentrations of CO generally
occur in areas with heavy traffic
congestion. Peak CO concentrations
typically occur during the colder
months of the year when CO automotive
emissions are greater and nighttime
inversion conditions (where air
pollutants are trapped near the ground
beneath a layer of warm air) are more
frequent.
CO enters the bloodstream through
the lungs and reduces oxygen delivery
to the body’s organs and tissues. The
health threat from levels of CO
2 The Truckee Meadows CO Maintenance Plan
relies upon three principal State or local control
measures: The District’s wintertime oxygenated
gasoline rule, the State’s vehicle inspection and
maintenance (I/M) program, and the District’s
residential wood combustion rule. We are
proposing to approve the first and second of the
three measures in this document. We approved the
third measure (the residential wood combustion
rule) in a separate document earlier this year. See
72 FR 33397 (June 18, 2007). We will not finalize
the proposed approval of the redesignation request
until we take final action approving the oxygenated
gasoline rule and the I/M program. Also, for reasons
set forth in this document, we find that we need
not fully approve either the County’s nonattainment
new source review rules or the County’s
transportation conformity rules as a pre-condition
to redesignation of Truckee Meadows to attainment
for the CO NAAQS.
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sometimes found in the ambient air is
most serious for those who suffer from
cardiovascular disease, such as angina
pectoris. At much higher levels of
exposure not commonly found in
ambient air, CO can be poisonous, and
even healthy individuals may be
affected. Visual impairment, reduced
work capacity, reduced manual
dexterity, poor learning ability, and
difficulty in performing complex tasks
are all associated with exposure to
elevated CO levels.
III. Introduction to Truckee Meadows,
Washoe County, Nevada
Truckee Meadows lies in the far
southern portion of Washoe County.
Washoe County lies in the northwestern
portion of the State of Nevada and is
bordered by the State of California to the
west and the State of Oregon to the
north. Within the State of Nevada, the
counties of Humboldt, Pershing,
Churchill, Lyon, and Storey and the city
of Carson City bound Washoe County to
the east and south. Located at an
average elevation of 4,500 feet above sea
level, Truckee Meadows lies in the rain
shadow of the Sierra Nevada mountain
range located to the west. The
boundaries of Truckee Meadows are
defined as equal to the State’s
hydrographic area #87, and encompass
a land area of approximately 200 square
miles. It is surrounded by mountain
ranges, which can lead to persistent
wintertime temperature inversions
where a layer of cold air is trapped in
the valley. Warmer air above the
inversion acts as a lid, containing and
concentrating air pollutants emitted at
ground-level.
Truckee Meadows has experienced
rapid growth in population, with an
increase in population from
approximately 138,000 in 1977 to
approximately 359,000 in 2002, an
increase of 160 percent over that 25-year
period. The two major cities are Reno
and Sparks.
Air quality planning and monitoring
in Truckee Meadows is the
responsibility of the District, which
administers air quality programs in
Washoe County through the District
Health Department’s Air Quality
Management Division (‘‘District
AQMD’’). The State Environmental
Commission and the Nevada
Department of Motor Vehicles are
responsible for the motor vehicle I/M
program in Truckee Meadows.
IV. History of Carbon Monoxide
Planning in Truckee Meadows
On April 30, 1971 (36 FR 8186),
pursuant to section 109 of the Clean Air
Act, as amended in 1970, EPA
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promulgated NAAQS for six criteria
pollutants, including CO. EPA set the
NAAQS for CO at 35 parts per million
(ppm), one-hour average, and 9 ppm,
eight-hour average. The CO NAAQS
remain the same today.
Under section 110 of the Clean Air
Amendments of 1970, States were
required to adopt and submit plans that
provide for implementation,
maintenance, and enforcement of the
NAAQS. These original plans, generally
submitted and approved in the early
1970’s, are referred to as state
implementation plans (SIPs).
Incremental changes to SIPs that a State
submits, such as new or amended rules,
attainment plans, and maintenance
plans, are referred to as ‘‘SIP revisions.’’
Generally, SIPs were to provide for
attainment of the NAAQS within three
years of EPA approval of the plan.
However, many parts 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 (43 FR 8962),
under paragraph 107(d)(2) of the Act as
amended in 1977, EPA promulgated
attainment status designations for all
States. EPA designated Truckee
Meadows (with boundaries defined by
reference to State hydrographic area
#87) as a nonattainment area for the CO
NAAQS. See 43 FR 8962, at 9013
(March 3, 1978).
The Act, as amended in 1977,
required States to revise their SIPs by
January 1979 for all designated
nonattainment areas. The CO attainment
plan for Truckee Meadows that was
developed in the late 1970’s and early
1980’s relied upon implementation of
such control measures as a vehicle
inspection and maintenance (I/M)
program, road improvements, traffic
controls, and areawide ride-sharing
programs to attain the CO NAAQS by
the statutory deadline of 1982. In 1981,
we approved most of the elements of the
CO plan for Truckee Meadows and
conditionally approved other elements.
See 46 FR 21758 (April 14, 1981). In
1982, we revoked the remaining
conditions resulting in full approval of
the CO plan. See 47 FR 15790 (April 13,
1982).
Truckee Meadows did not attain the
CO NAAQS by the 1982 attainment
deadline, and thus, the District revised
the CO attainment plan and requested
an extension in the attainment date to
1987. In 1984, we approved parts of the
revised CO attainment plan but deferred
action on certain other parts based on
our conclusion that the emissions
reduction credit taken in the revised CO
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plan for one of the principal control
measures relied upon to show
attainment, residential wood burning
control, was not sufficiently
documented. See 49 FR 31683 (August
8, 1984).
Like many other areas of the country,
Truckee Meadows did not attain the CO
NAAQS by the 1987 attainment date
and remained nonattainment at the time
of the 1990 Clean Air Act Amendments.
Under section 107(d)(1)(C) of the 1990
Amended Act, the CO nonattainment
designation in Truckee Meadows was
brought forward by operation of law.
Based on a design value of 9.8 ppm
(eight-hour average), we further
classified Truckee Meadows as a
‘‘moderate’’ CO nonattainment area for
the CO NAAQS with an attainment date
of (no later than) December 31, 1995.
See 56 FR 56694, at 56798 (November
6, 1991) and CAA section 186(a)(1). A
review of the data collected in 1994 and
1995 provided EPA with the basis to
determine that Truckee Meadows in fact
attained the CO NAAQS by the 1995
attainment date. See 70 FR 22803 (May
3, 2005).
In addition to extending the deadline
for attainment of the CO NAAQS, the
Act, as amended in 1990, also
established new requirements for CO
nonattainment areas that vary
depending upon the severity of the
problem. The additional requirements
for ‘‘moderate’’ CO nonattainment areas
are set forth in sections 172, 176, 187,
and 211 of the Act, and include such
elements as updated and periodic
emission inventories, upgraded vehicle
I/M programs, conformity requirements,
and wintertime oxygenated gasoline
requirements. To address these
requirements, the District AQMD
developed new plans and adopted new
or amended rules, the State revised the
vehicle I/M program, and NDEP
submitted the plans, rules and revised
vehicle I/M program to EPA as revisions
to the Truckee Meadows portion of the
Nevada SIP. In today’s action, we are
proposing to approve a number of
elements contained in these submittals,
including the wintertime oxygenated
gasoline rule and an upgraded vehicle
I/M program. In a separate action, we
approved the District’s residential wood
combustion rule. See 72 FR 33397 (June
18, 2007).
Section 107(d)(3)(D) of the Act allows
a State to request redesignation of an air
quality planning area. On November 4,
2005, NDEP submitted such a request
for the Truckee Meadows CO
nonattainment area and submitted the
Truckee Meadows CO Maintenance Plan
to EPA for approval as a revision to the
Nevada SIP. The purpose of the Truckee
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Meadows CO Maintenance Plan is to
provide for maintenance of the CO
NAAQS in the Truckee Meadows area
for ten years following redesignation. In
this action, we are proposing to approve
the Truckee Meadows CO Maintenance
Plan and proposing to approve the
request for redesignation of Truckee
Meadows from nonattainment to
attainment for the CO NAAQS.
V. Nevada’s Procedures for Adoption of
These SIP Revisions
Section 110(l) of the Act requires
States to provide reasonable notice and
public hearing prior to adoption of SIP
revisions. In this action, we are
proposing to approve the following SIP
revisions: the wintertime oxygenated
gasoline rule (District rule 040.095),
submitted on November 4, 2005; the
Basic I/M SIP submitted on June 3,
1994, the Basic I/M Performance
Standard Evaluation submitted on
November 2, 2006, and current I/Mrelated statutory provisions and
regulations and updated exhaust gas
analyzer specifications submitted on
May 11, 2007; and the Truckee
Meadows CO Maintenance Plan
submitted on November 4, 2005.
Each of the SIP revision submittals
cited above contains evidence that
reasonable notice of a public hearing
was provided to the public (via
newspaper advertisement) and that a
public hearing was conducted prior to
adoption by the District.3 Following
adoption, the District forwarded these
SIP revisions to NDEP, the Governor of
Nevada’s designee for submitting SIP
revisions and redesignation requests to
EPA, and NDEP then submitted the SIP
revisions to EPA for approval. We find
that each of the SIP revisions cited
above satisfies the procedural
requirements of section 110(l) of the Act
for revising SIPs.
VI. Washoe County’s Wintertime
Oxygenated Fuel Requirements
Under section 211(m) of the Act, as
amended in 1990, States with CO
nonattainment areas with design values
of 9.5 ppm or greater (eight-hour
average) are required to submit an
oxygenated gasoline program as a SIP
revision. The design value for Truckee
Meadows based on data collected
during 1988–1989 (and recorded in
EPA’s Air Quality System database) was
3 In the case of the Basic I/M SIP and the May
11, 2007 SIP submittal of current I/M statutory
provisions and regulations, NDEP provided
evidence of reasonable notice and public hearing
for the various recent amendments to the I/M
regulations. The submittal of the current I/M-related
statutory provisions and regulations supersede the
corresponding provisions and regulations submitted
in 1994 as part of the Basic I/M SIP.
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9.8 ppm, eight-hour average, and thus,
the State of Nevada is required to
submit an oxygenated gasoline program
for the Truckee Meadows area as a SIP
revision.
Section 211(m) of the 1990 Amended
Act also specifies the minimum
geographic extent for such an
oxygenated gasoline program (larger of
the Consolidated Metropolitan
Statistical Area (CMSA) or MSA if the
area is not in a CMSA), the minimum
oxygen content (2.7% by weight), and
the applicable portion of the year in
which the program must be
implemented (as determined by EPA).
EPA determined that the applicable
control period for the purposes of an
oxygenated gasoline program in Truckee
Meadows area is October 1 through
January 31. See 57 FR 47853 (October
20, 1992). EPA labeling requirements for
oxygenated gasoline are found at 40 CFR
80.35.
The District first adopted an
oxygenated gasoline rule (i.e., District
rule 040.095 ‘‘Oxygen Content of Motor
Vehicle Fuel’’) on December 21, 1988,
and implementation of the rule began in
December 1989. This rule applied
throughout Washoe County and
required a minimum gasoline oxygen
content of 2% by weight during a
control period defined as December 1
through February 15. The District
modified the oxygenated gasoline rule
on April 18, 1990 to extend the control
period to November 1 through the end
of February. The April 18, 1990 version
of the District’s oxygenated gasoline rule
was included in a SIP revision submittal
from the Governor to EPA dated April
15, 1991. Meanwhile, five months prior
to this SIP submittal, the Clean Air Act
Amendments of 1990 were enacted, and
the amended Act established new SIP
requirements, discussed above, for
oxygenated gasoline rules in CO
nonattainment areas.
In response to the new requirements,
the District again amended the
oxygenated gasoline rule (on September
23, 1992) to increase the minimum
oxygen content requirement to 2.7%
and to extend the control period to
October 1 through January 31. NDEP
submitted this revised rule to EPA as a
SIP revision on November 13, 1992
thereby superseding the April 15, 1991
submittal of the previous version of the
rule. EPA did not take action on the
November 13, 1992 submittal of the
District’s oxygenated gasoline rule. In
the intervening years, the District has
twice amended the oxygenated gasoline
rule: on October 25, 2000, the District
phased-out use of methyl tertiary butyl
ether (MTBE) as the oxygenate to meet
the oxygen content requirement, and on
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September 22, 2005, the District
clarified labeling requirements
consistent with related EPA
requirements at 40 CFR 80.35 and made
certain other changes to improve
enforceability. The September 22, 2005
version of the wintertime oxygenated
gasoline rule was submitted as a SIP
revision by NDEP on November 4, 2005,
thereby superseding the November 13,
1992 submittal of the rule.
We have evaluated the State’s
November 4, 2005 submittal of the
wintertime oxygenated gasoline rule
(District rule 040.095) and find that it
meets the applicable statutory and
regulatory requirements by establishing
the necessary minimum oxygen content
requirement (2.7% by weight) in the
applicable geographic area (i.e., Reno
MSA, which consists of Washoe County,
Nevada) for the appropriate control
period (October 1 through January 31)
and also provides for the necessary
labeling of gasoline dispensers, and for
recordkeeping, sampling and for
enforceability. The District AQMD
enforces the oxygenated gasoline rule by
obtaining fuel samples from retail
gasoline distributors, which are then
analyzed by the State of Nevada,
Department of Agriculture. Each year,
the District AQMD publishes a report
summarizing the results of the
oxygenated gasoline program for the
prior year. A review of these annual
reports reveals near-full compliance
with the requirements of the rule.
For the above reasons, we find that
District rule 040.095 (‘‘Oxygen Content
of Motor Vehicle Fuel’’), as amended by
the District on September 22, 2005, and
submitted by NDEP to EPA on
November 4, 2005, fulfills the
requirements of section 211(m) of the
Act and applicable EPA regulations,
and, based on that finding, we propose
approval of the rule as a revision to the
Nevada SIP.
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VII. Nevada’s Motor Vehicle Inspection
and Maintenance (I/M) Program in
Truckee Meadows
A. Background Information
As noted in section IV of this
document, EPA promulgated area
designations for all states pursuant to
the Act, as amended in 1977. See 43 FR
8962 (March 3, 1978). The Truckee
Meadows area of Nevada was
designated nonattainment for the
NAAQS for CO and photochemical
oxidant.4
4 In 1979, EPA established a new NAAQS for
ozone to replace the oxidant standard. In 1981, EPA
changed the designation for Truckee Meadows from
nonattainment for oxidant to attainment for ozone.
See 46 FR 37896 (July 23, 1981).
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During the late 1970’s, the Nevada
Legislature established the first motor
vehicle I/M program for Truckee
Meadows, and the Nevada Department
of Motor Vehicles (DMV) began to
implement this initial program in 1978.
Nevada’s motor vehicle I/M program is
required in two counties, Washoe and
Clark.
Originally, I/M requirements were
triggered only by a change in vehicle
ownership, but by 1983, I/M in Truckee
Meadows had been expanded to apply
annually upon vehicle registration or
upon registration renewal.
Implementation of a mandatory annual
I/M program in Truckee Meadows was
not a requirement of the 1977 amended
Act but was one of the control measures
selected by Washoe County and the
State of Nevada to reduce CO emissions
in that area.
The 1980’s-era program in Truckee
Meadows excluded certain types of
vehicles including, among others, new
cars, vehicles over 5,000 pounds
unladen weight, and motorcycles.
Waivers were allowed in certain cases
for repairs costing over $100 in labor
plus parts. For more information on this
early I/M program in Truckee Meadows
and related EPA rulemaking actions, see
44 FR 26763 (May 7, 1979), 45 FR 59334
(September 9, 1980), 46 FR 21758 (April
14, 1981), 48 FR 5071 (February 3,
1983), 49 FR 6386 (February 21, 1984),
and 49 FR 44208 (November 5, 1984).
As noted in section IV of this
document, under the Clean Air Act
Amendments of 1990, EPA classified
Truckee Meadows as a ‘‘moderate’’ CO
nonattainment area based on a design
value of 9.8 ppm. Under section 187(a)
of the Act, as amended in 1990, States
with ‘‘moderate’’ CO nonattainment
areas (with design values less than 12.7
ppm) were required to continue
implementation of existing I/M
programs and to submit I/M SIP
revisions to meet the ‘‘basic’’ I/M
performance standard and other new
related requirements promulgated by
EPA subsequent to the 1990 Act
Amendments. See CAA section
187(a)(4).5 On January 15, 1993, EPA
5 In 1991, all of Washoe County was designated
as a ‘‘marginal’’ nonattainment area for the 1-hour
ozone NAAQS. See 56 FR at 56798 (November 6,
1991). For most such areas, a corrected and
upgraded ‘‘basic’’
I/M program was required under CAA section
182(a)(2)(B); however, the Washoe County
‘‘marginal’’ ozone nonattainment area was not
subject to the I/M requirement because the EPAapproved I/M program for Truckee Meadows (at the
time of designation as a marginal ozone
nonattainment area) did not include hydrocarbon
emissions testing (but only CO emissions testing),
and thus the I/M program was not part of the
applicable ozone SIP. The State of Nevada deleted
hydrocarbon emissions testing from the I/M
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made a finding of failure to submit the
required ‘‘basic’’ I/M SIP revision for
Truckee Meadows. On November 15,
1993, the NDEP submitted a ‘‘basic’’
I/M SIP revision for Truckee Meadows,
but by letter dated April 13, 1994, EPA
made a finding of incompleteness for
the November 15, 1993 SIP revision
submittal.
On June 3, 1994, NDEP submitted the
State Implementation Plan for a Basic
Program for the Inspection and
Maintenance of Motor Vehicles for the
Truckee Meadows Planning Area,
Nevada (June 1994) (‘‘Basic I/M SIP’’).
By letter dated January 31, 1995, EPA
found the Basic I/M SIP to be complete.
The Basic I/M SIP includes I/M-related
statutes and rules, as well as various
other documents to satisfy EPA I/M
requirements, but does not include the
required performance standard
evaluation.
On November 2, 2006, NDEP
submitted a SIP revision containing a
performance standard evaluation of the
basic I/M program for motor vehicles in
the Truckee Meadows planning area
(‘‘Basic I/M Performance Standard
Evaluation’’) thereby fulfilling a
requirement not addressed in the Basic
I/M SIP. The November 2, 2006 SIP
revision submittal contained the
performance standard evaluation along
with motor vehicle emissions modeling
documentation and evidence of public
process and adoption by the Washoe
County District Board of Health on
September 28, 2006.
Since the submittal of the Basic I/M
SIP in 1994, the State of Nevada has
revised many of the I/M-related
statutory provisions and regulations and
has established new specifications for
exhaust gas analyzers. On May 11, 2007,
NDEP submitted a SIP revision entitled
Nevada Mobile Source SIP, Update of
the Regulatory Element (May 11, 2007)
(‘‘Mobile Source SIP Update’’), which
includes current I/M-related statutory
provisions and regulations as well as
updated exhaust gas analyzer
specifications. The current Nevada I/M
statutory provisions and rules submitted
by NDEP on May 11, 2007 are as
follows:
• Nevada Revised Statutes (2005),
chapter 365: section 365.060; chapter
366, section 366.060; chapter 445B,
sections 445B.210, 445B.700–845
(excluding NRS 445B.776, 445B.777,
and 445B.778); chapter 481, sections
program in 1983, and EPA approved the related
changes in 1984. See 49 FR 6386 (February 21,
1984) and 49 FR 44208 (November 5, 1984).
Hydrocarbon emissions testing requirements have
since been restored to the program and are a part
of the current I/M program that is the subject of
today’s proposal.
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481.019–481.087; chapter 482, sections
482.029, 482.155–482.290, 482.385,
482.461, and 482.565; and chapter 484,
sections 484.101, 484.644 and 484.6441;
• Nevada Administrative Code
(NAC), chapter 445B (January 2007
revision by the Legislative Counsel
Bureau), sections 445B.400 to
445B.735.6
The Mobile Source SIP Update
supersedes the corresponding materials
included in the Basic I/M SIP submitted
in 1994 and represents a comprehensive
update to the regulatory portion of the
State’s mobile source SIP (excluding the
rules establishing fuels specifications,
alternative fuels programs for
government vehicles, and any local
rules related to mobile sources),
including the regulatory portion of the
Truckee Meadows I/M SIP, which was
last approved in 1984 (see 49 FR 44208,
November 5, 1984), and the regulatory
portion of the Las Vegas Valley I/M SIP,
which was last approved in 2004 (see 69
FR 56351, September 21, 2004).
B. Evaluation of the State’s I/M Program
in Truckee Meadows
This subsection summarizes the
applicable requirements of EPA’s I/M
requirements found in 40 CFR part 51,
subpart S (‘‘Inspection/Maintenance
Program Requirements’’), which is
referred to herein as the ‘‘Federal I/M
rule,’’ and discusses whether the
elements of the State’s ‘‘basic’’ vehicle
I/M program for Truckee Meadows as
contained in SIP revisions submitted on
June 3, 1994, November 2, 2006, and
May 11, 2007 comply with Federal
requirements.
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Applicability (40 CFR 51.350)
Under the Federal I/M rule, any area
classified as marginal ozone
nonattainment or moderate CO
nonattainment with a design value of
12.7 parts per million (ppm) or less
shall continue operating I/M programs
that were part of an approved SIP as of
November 15, 1990, and shall update
those programs an necessary to meet the
basic I/M program requirements as set
forth in part 51, subpart S. See 40 CFR
51.350(a)(3). This requirement applies
to Truckee Meadows because the CO
SIP for Truckee Meadows, as of
November 15, 1990, included an I/M
program and because, under the Act as
amended in 1990, the Truckee Meadows
CO nonattainment area was classified as
‘‘moderate’’ (with a design value of 12.7
ppm or less).
6 As explained below in the subsection entitled
‘‘Vehicle coverage (40 CFR 51.356), we are taking
no action on subsection (2) of NAC section
445B.595.
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I/M programs are nominally required
to cover at least the entire urbanized
area, based on the 1990 census. See 40
CFR 51.350(b)(2). The State’s legal
authority necessary to establish program
boundaries is contained in Nevada
Revised Statutes (NRS) 445B.770. The
applicable area for the basic I/M
program is the urbanized area within
‘‘Truckee Meadows,’’ which is defined
by reference to the State’s hydrographic
area #87. Under Nevada Administrative
Code (NAC) 445B.594, the State’s basic
I/M program applies within all of
Washoe County, except for residents
that live outside of the urbanized area
and are serviced by one of the following
post offices: (1) Crystal Bay, (2) Empire;
(3) Incline Village, (4) Nixon, (5)
Sutcliffe, or (6) Wadsworth. This is
acceptable.
The Federal I/M rule requires a State
I/M program to remain in operation
even if the area is redesignated to
attainment until the State submits and
EPA approves a SIP revision which
convincingly demonstrates that the area
can maintain the relevant standard
without benefit of the emission
reductions attributable to the I/M
program. See 40 CFR 51.350(c). The
statutory authority for the ‘‘basic’’ I/M
program in Truckee Meadows contains
no automatic sunset provision and thus
is consistent with EPA requirements.
Basic I/M Performance Standard (40
CFR 51.352)
‘‘Basic’’ I/M programs must be
designed and implemented to meet or
exceed a minimum performance
standard, which is expressed as
emission levels achieved from highway
mobile sources as a result of the
program. Areas are required to meet the
performance standard for the pollutants
which cause them to be subject to I/M
requirements. The performance
standard is based on the model I/M
program inputs and local
characteristics, such as vehicle mix and
local fuel controls, and emission levels
and emission reduction benefits must be
calculated using the most recent version
of EPA’s mobile source emission factor
model (MOBILE).
The Federal model ‘‘basic’’ I/M
program has the following
characteristics: (1) Network type
(centralized testing); (2) Start date (for
areas with existing I/M programs, 1983);
(3) Test frequency (annual testing); (4)
Model year coverage (testing of model
year (MY) 1968 and later vehicles); (5)
Vehicle type coverage (light-duty
vehicles (excluding trucks)); (6) Exhaust
emission test type (idle test); (7)
Emission standards (no weaker than
specified in 40 CFR part 85, subpart W);
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(8) Emission control device inspections
(none); (9) Stringency (a 20% emission
test failure rate among pre-1981 model
year vehicles); (10) Waiver rate (0%
waiver rate); (11) Compliance rate (a
100% compliance rate); and (12)
Evaluation date (1996 for CO
nonattainment areas). Also, the basic
I/M performance standard includes
inspection of all 1996 and later lightduty vehicles equipped with certified
on-board diagnostic (OBD) systems,7
and repair of malfunctions or system
deterioration identified by or affecting
OBD systems.
The Nevada basic I/M program within
Truckee Meadows has the following
characteristics: (1) Network type
(decentralized, test-and-repair); (2) Start
date (1983); (3) Test frequency (annual
testing); (4) Model year coverage (testing
of MY 1968 and later vehicles); (5)
Vehicle type coverage [light-duty (i.e.,
less than 8,500 pounds gross vehicle
weight rating (GVWR)) vehicles (both
gasoline- and diesel-powered) and
heavy-duty gasoline-powered vehicles];
(6) Exhaust emission test type (‘‘twospeed idle’’ test (i.e, at 2,500 revolutions
per minute (rpm) and at idle) for lightduty gasoline-powered vehicles from
1968 through 1995 and heavy-duty
gasoline-powered vehicles 1968 and
newer; 1968 and newer light-duty
diesel-powered vehicles are inspected
for exhaust opacity on a dynamometer
(i.e., steady state using load mode)); (7)
Emission standards (based on those
specified in 40 CFR part 85, subpart W);
(8) Emission control device inspections
(for 1968 and newer vehicles, a gas cap
check; for gasoline-powered vehicles
newer than 1980, the anti-tampering
program (ATP) checks for air pump
disablement, catalyst removal, fuel inlet
restrictor disablement, exhaust gas
recirculation (EGR) system disablement,
evaporative system disablement, and
positive crankcase ventilation (PCV)
system disablement; for diesel-powered
vehicles, visual tampering inspection is
based on manufacturer’s specifications);
(9) Stringency (21% based on 1996
data); (10) Waiver rate (4% for pre-1981
and 3% for 1981 and newer based on
1996 data); (11) Compliance rate (96%);
and (12) Evaluation date (year 1996).
The State’s basic I/M program includes
inspection of all 1996 and newer lightduty gasoline-powered vehicles
equipped with certified on-board
diagnostic (OBD) systems. Repair of
7 A certified OBD system consists of a computer,
which performs checks of a number of different
vehicle systems for malfunctions or deterioration,
which could result in the vehicle exceeding its
emissions standards, and a malfunction indicator
light, which is required to be illuminated when the
system detects a problem.
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malfunctions or system deterioration is
identified for emission compliance
through the OBD system.
As noted above, the Basic I/M SIP
submitted in 1994 does not include a
performance standard evaluation, but
NDEP submitted the required evaluation
(referred to herein as the ‘‘Basic I/M
Performance Standard Evaluation’’) to
EPA for approval on November 2, 2006.
District AQMD prepared this evaluation
using the latest available version of
MOBILE (MOBILE6.2.03). District
AQMD used the various inputs for
EPA’s ‘‘basic’’ model program and the
State’s basic I/M program for Truckee
Meadows as described above to estimate
the composite CO emission rate in year
1996 of the vehicle fleet in Truckee
Meadows under three scenarios: (1) no
I/M program, (2) EPA’s basic model
program, and (3) the State’s basic I/M
program for Truckee Meadows. District
AQMD assumed 50% effectiveness for
the State’s basic I/M program in Truckee
Meadows to account for the
decentralized, test-and-repair nature of
the I/M program.
A comparison of the MOBILE6.2.03based CO emissions rates for these three
scenarios shows that EPA’s basic model
program would have reduced composite
CO emissions by 8.9% (relative to the
no I/M scenario) and that the State’s
basic I/M program for Truckee Meadows
reduced the emissions rate by 9.5%
(once again, relative to the no I/M
scenario). We find that District AQMD
used the appropriate model and
reasonable methods and assumptions in
developing the CO emission rates for the
performance standard evaluation. Based
on this finding and because the results
of the evaluation show that State’s basic
I/M program achieves equivalent or
greater reductions in the CO emissions
rate as compared to EPA’s basic model
program, we find that the State’s basic
I/M program in Truckee Meadows meets
the performance standard requirement
under 40 CFR 51.352.
Network Type and Program Evaluation
(40 CFR 51.353)
State law provides for a decentralized
(i.e., privately-owned but licensed by
the State), test-and-repair network for
1968 and newer gasoline-powered autos
and trucks.8 The network includes
different types of test-and-repair
stations. State law differentiates
between two types of test-and-repair
stations: (1) Test stations that are
8 Under the Nevada I/M program, light-duty
diesel-powered motor vehicles registered in the
applicable portions of Washoe County and Clark
County are also subject to annual inspections,
which include a tampering inspection and an
opacity test.
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allowed to do only specific types of
repairs (such as oil changes,
replacement of oil or air filters, and
servicing of the fuel injection system)
but are generally not allowed to perform
repairs that affect exhaust emissions and
(2) test stations that are allowed to do
more extensive repairs. The former are
referred to as ‘‘authorized inspection
stations’’ and the latter are referred to as
‘‘authorized stations.’’ NAC sections
445B.460 through 445B.480 specify
requirements for facilities to obtain
licenses as authorized test stations or
authorized stations. For the purposes of
the performance standard evaluation,
Washoe County assumed 50%
effectiveness for the program based on
the decentralized, test-and-repair nature
of the network. The 50% effectiveness
value is the default value in MOBILE for
such networks and is acceptable. We
find that the State’s I/M testing network
for Truckee Meadows is adequately
described in the State’s I/M submittals,
that the State has sufficient legal
authority to enforce the requirements
that must be met for stations to obtain
and retain licenses as authorized
inspection stations or as authorized
stations, and that the network has been
adequately modeled for performance
standard purposes, and thus the
requirements of 40 CFR 51.353 are
satisfied.
We note that the program evaluation
required under 40 CFR 51.353(c) applies
to ‘‘enhanced’’ I/M programs, and
because Truckee Meadows is subject
only to the ‘‘basic’’ I/M program
requirements, the program evaluation
requirement under 40 CFR 51.353(c)
does not apply.
Adequate Tools and Resources (40 CFR
51.354)
The Federal I/M rule requires the state
to demonstrate that there is adequate
funding of the program functions
including quality assurance, data
analysis and reporting, the holding of
hearings and adjudication of cases. The
state must also demonstrate that
sufficient personnel have been
employed to effectively carry out the
duties related to the program and that
equipment necessary to achieve the
objectives of the program have been
acquired.
Nevada law establishes annual fees to
cover costs associated with
implementation, administration and
operation of the I/M program. See NRS
445B.830. The fees must be paid to the
DMV and accounted for in the pollution
control account, which is created in the
Nevada general fund. The 1994 Truckee
Meadows I/M SIP notes that the basic
I/M program in Truckee Meadows is an
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update to existing program whose
funding has long been established. To
illustrate how the funds paid to DMV
are allocated to provide for employee
salaries, the Basic I/M SIP includes a
copy of the budget for the program, as
approved by the 67th Session of the
Nevada Legislature and the Governor,
showing provisions for personnel
sufficient to meet the oversight
requirements of the program for fiscal
year 1994. See appendix #3 of the Basic
I/M SIP. EPA believes the State’s I/M
program plan for tools and resources is
acceptable.
Test Frequency and Convenience (40
CFR 51.355)
The performance standards for I/M
programs assume an annual test
frequency, but under the Federal I/M
rule, other schedules may be approved
if the required emission targets are
achieved. Also, under the Federal I/M
rule, the SIP must include the legal
authority necessary to implement and
enforce the test frequency requirement
and explain how the test frequency will
be integrated with the enforcement
process.
Nevada’s motor vehicle I/M program
is registration-enforced in the two
affected counties (i.e., Washoe and
Clark) and is tracked by continuing
annual vehicle registration. Under NRS
482.206, vehicle registration must be
renewed annually, and under NAC
445B.594, persons who are registering or
reregistering their vehicle in Truckee
Meadows (except for new vehicles)
must provide evidence of compliance
(with the emission inspection) as part of
the annual registration process. New
vehicles are exempt from testing until
the third registration cycle. See NAC
445B.592.
The DMV has authority under NRS
445B.798 to require proof of compliance
with the emission standards after a
vehicle has been cited for needing
mechanical repair or for a smoking
vehicle. Nevada law thereby provides
for out-of-cycle emission testing for
high-emitting vehicles. Under NRS
482.461, cancellation of registration can
result if the vehicle failing a test
conducted under NRS 445B.798 has not
been repaired as required.
On May 11, 2007, NDEP submitted all
of the current versions of the statutory
provisions and rules cited above for
approval into the Nevada SIP. EPA
believes these elements meet the
requirements of the Federal I/M rule.
Vehicle Coverage (40 CFR 51.356)
The Federal model ‘‘basic’’ I/M
program against which State programs
are compared assumes coverage of all
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1968 and newer model year (MY) ‘‘lightduty’’ vehicles (i.e., up to 8,500 pounds
GVWR) and includes vehicles operating
on all fuel types. The Federal ‘‘basic’’ I/
M program does not assume coverage of
light-duty trucks. Other levels of
coverage may be approved if the
necessary emission reductions are
achieved.
Under Nevada’s basic I/M program,
the term ‘‘light-duty motor vehicles’’
refers to passenger cars and trucks up to
8,500 pounds GVWR; ‘‘heavy-duty
motor vehicles’’ refers to vehicles of
8,500 pounds GVWR or more. Nevada’s
basic I/M program is more inclusive
than required under the Federal I/M
rule in some ways and less inclusive in
others. For instance, the program is
more inclusive in that, as mentioned
above, it requires all 1968 and newer
heavy-duty gasoline-powered vehicles
to be tested annually in addition to
light-duty gasoline-powered vehicles.
On the other hand, Nevada’s basic I/M
program provides certain exemptions
not included in the model program,
such as the exemption for new vehicles,
which are not emissions-tested until the
third registration cycle (but still must be
registered or re-registered). Other minor
exemptions are set forth in NAC
445B.592 (such as motorcycles and
motor vehicles permanently converted
from gasoline to propane, compressed
natural gas, methane or butane as a
fuel). The Basic I/M Performance
Standard Evaluation submitted by NDEP
as a SIP revision on November 2, 2006
takes these exemptions into account.
Under the Nevada program, light-duty
diesel-powered vehicles, 1968 and
newer, are also subject to annual
registration requirements and certain
emissions-related requirements but are
not subject to the emissions testing
procedures that apply to gasolinepowered vehicles. In addition, the
emissions evaluation for the State’s I/M
program takes no specific credit for
inspection and maintenance of dieselpowered vehicles.
EPA believes that Nevada’s ‘‘basic’’
I/M program adequately identifies and
accounts for the vehicles covered by the
program and thereby meets the
requirements of the Federal I/M rule
under 40 CFR 51.356.
The Federal I/M rule requires that
vehicles operated on Federal
installations located within an I/M
program area be tested regardless of
whether the vehicles are registered in
the state or local I/M area. See 40 CFR
51.356(a)(4). However, we are not
requiring states to implement 40 CFR
51.356(a)(4) at this time. The
Department of Justice has recommended
to EPA that this Federal regulation be
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revised since it appears to grant states
authority to regulate Federal
installations in circumstances where the
Federal government has not waived
sovereign immunity. It would not be
appropriate to require compliance with
this regulation if it is not
constitutionally authorized. EPA will be
revising this provision in the future and
will review state I/M SIPs with respect
to this issue when this new rule is final.
Therefore, for these reasons, EPA is
neither approving nor disapproving the
specific requirements which apply to
Federal facilities at this time.
Specifically, we are taking no action on
submitted rule NAC 445B.595(2), which
extends the State’s I/M requirements to
motor vehicles operated on Federal
installations located within I/M areas.
We are also proposing under CAA
section 110(k)(6), which authorizes EPA
to correct errors in SIP actions, to
rescind our previous approval of NAC
445B.595(2) into the Nevada SIP on
grounds of sovereign immunity. We
approved NAC 445B.595(2) as part of
our 2004 approval of the State of
Nevada’s I/M program for Las Vegas and
Boulder City.
Test Procedures and Standards (40 CFR
51.357)
The Federal I/M rule requires that
states establish written test procedures
and pass/fail standards to be followed
for each model year and vehicle type
included in the program. The required
test procedures are specified in 40 CFR
51.357(a). The Federal I/M rule also
requires that beginning January 1, 2002,
inspection of the OBD systems on MY
1996 and newer light-duty vehicles
shall be conducted according to the
procedure described in 40 CFR 85.2222,
at a minimum. See 40 CFR
51.357(a)(12). The required test
standards are specified in 40 CFR
51.357(b).
EPA’s basic I/M performance standard
assumes testing in idle mode, but
Nevada’s I/M program requires subject
vehicles to pass the more demanding
‘‘two-speed idle’’ test (i.e., exhaust
emissions are tested in idle mode and at
2,500 rpm). In this instance, the subject
vehicles include all gasoline-powered
motor vehicles (except motorcycles, and
other exempt categories), i.e., light-duty
gasoline-powered vehicles MY 1968
through MY 1995, and heavy-duty
gasoline-powered vehicles MY 1968 and
newer. See NAC 445B.580. Generally,
the procedures require use of an
approved exhaust gas analyzer and
compliance with the emissions
standards set forth in NAC 445B.596
(unless a waiver is granted). All lightduty gasoline-powered vehicles MY
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1996 and newer are subject to OBD
systems checks. See NAC 445B.5805.
The State’s procedures for the twospeed idle test and the OBD system
check are consistent with EPA
requirements. Testing procedures and
standards for light-duty diesel-powered
vehicles are found in NAC 445B.587
through 445B.589.
EPA’s basic I/M performance standard
assumes exhaust emission testing
standards as specified in 40 CFR part
85, subpart W. Consistent with those
standards, the State I/M program
establishes, for those vehicles that are
subject to emissions testing, maximum
exhaust emissions for MY 1981 and
newer of 1.2% for CO and 220 ppm for
hydrocarbons (HC). For older light-duty
gasoline-powered vehicles (MY 1968
through 1980), maximum CO (%) and
HC (ppm) standards range from 4.0%–
2.0% and 800 ppm–500 ppm,
respectively. The standards for heavyduty gasoline-powered vehicles MY
1981 and newer are 3.5% for CO and
1,000 ppm for HC; for older heavy-duty
gasoline-powered vehicles (MY 1968
through 1980), maximum CO (%) and
HC (ppm) range from 7.0%–4.0% and
1,400 ppm–1,000 ppm, respectively. See
NAC 445B.596. In the event of an
emission failure of any kind, all
components are retested after repairs.
The Federal basic I/M performance
standard does not assume that
inspections are made of the emission
control devices as part of the I/M
program. Under the Nevada I/M
program, however, such inspections are
required. Specifically, inspectors
perform visual checks for smoke from
the exhaust system and for blowby gases
from the crankcase. See NAC 445B.580.
Also, inspectors visually inspect all
vehicles to determine the presence of a
properly installed gas cap. For lightduty gasoline-powered vehicles MY
1981 through MY 1995 (and MY 1996
and newer heavy-duty gasoline-powered
vehicles), inspectors also check for the
presence of an exhaust gas recirculation
valve, catalytic converter, air injection
system and fuel inlet restricter, and
whether this equipment appears to be
operating in accordance with the
specifications of the manufacturer of the
vehicle. See NAC 445B.580. For MY
1996 and newer light-duty gasolinepowered vehicles, inspection stations
administer OBD systems checks (see
NAC 445B.5805) that substitute for the
visual inspections that are part of the
program for earlier models. If a vehicle
has missing or malfunctioning
emissions control equipment, Nevada’s
required I/M test will result in a failed
vehicle notification. Under NAC
445B.582 and 445B.589, necessary
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repairs must be completed before a
second test can be performed.
We conclude that the State’s test
procedures and standards meet the
corresponding Federal I/M rule
requirements.
Test Equipment (40 CFR 51.358)
The Federal I/M rule requires
computerized test systems for
performing any measurement on subject
vehicles, and the SIP is to include
written technical specifications for all
test equipment used in the program.
In 1994, when the Basic I/M SIP was
submitted, the State’s exhaust gas
analyzer was the Nevada 94 analyzer,
and the Basic I/M SIP included the
written specifications for that analyzer.
Since then, the State has replaced the
Nevada 94 analyzer with the NV2000
analyzer and submitted the related
written specifications to EPA in a SIP
submittal dated January 30, 2002. The
January 30, 2002 SIP submittal was
made in connection with our review of
the I/M program in Las Vegas and
Boulder City, but we note that the same
analyzer (i.e., NV2000) is required for
use in both the Las Vegas/Boulder City
area and in the Truckee Meadows area.
On May 11, 2007, NDEP submitted
another I/M-related SIP revision that
included, among other items, written
specifications for a change in NV2000 as
previously submitted to make emissions
testing possible on motor vehicles
containing a certified OBD system
which uses controller area network
communication.
NV2000 emission testing equipment
has been used to inspect gasolinepowered vehicles since April 2001.
NV2000 analyzers carry California
Bureau of Automotive Repair (BAR 97)
certification. Two-speed idle and OBD
inspection procedures can be performed
with NV2000 analyzers. The NV2000
emission analyzer has remained in the
same configuration as when first
implemented in April 2001 with one
exception. In late 2004, a revised OBD
scan hardware capable of
communication with controller area
network systems was approved as an
option. Emissions stations were
required to update their NV2000
emission analyzers to include the
revised OBD scan hardware by
September 2006.
NV2000 test equipment features
include: Concentration measurements of
CO, HC, carbon dioxide (CO2) and
oxygen (O2); engine RPM; leak checks;
anti-tampering checks; automatic test
data recording; and lock-out measures.
The test begins with a check of the
vehicle’s registration and for any recall
notices for that model vehicle. Adoption
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or use of alternate test equipment, test
procedures or alternate methods
requires prior approval by EPA. The
exhaust gas analyzer specifications
describe all the necessary components
of the emission analysis process, test
equipment and all necessary EPA
requirements under 40 CFR 51.358. We
found NV2000 to be acceptable in
connection with our approval of
Nevada’s I/M program for Las Vegas and
Boulder City (see 69 FR 56351
(September 21, 2004)) and believe that
NV2000, as updated in NDEP’s
submittal dated May 11, 2007, is equally
acceptable for the purposes of the basic
I/M program in Truckee Meadows.
Quality Control (40 CFR 51.359)
The Federal I/M rule requires state
programs to include measures to ensure
emission testing equipment is calibrated
and maintained properly. See 40 CFR
51.359. SIPs are to include a description
of quality control and recordkeeping
procedures and the procedure manual,
rule, ordinance or law describing and
establishing the quality control
procedures and requirements. See 40
CFR 51.359(f). The specifications for
Nevada’s NV2000 analyzer include
several quality control elements. Only
State-certified analyzers may be used for
emission testing purposes under the I/
M program, and to qualify for
certification, manufacturers of analyzers
must demonstrate that their model
complies with all NV2000
specifications. NV2000 specifications
were submitted by NDEP as part of its
January 30, 2002 SIP submittal to EPA
and approved as a SIP revision on
September 21, 2004 (69 FR 56351).
NDEP submitted revisions to NV2000 on
May 11, 2007. NV2000 requires that
analyzers be designed to perform
automatic two-point gas calibrations for
HC, CO and carbon dioxide; ambient air
zero and span check tests; and
measurements of oxygen using ambient
air. The specifications call for automatic
gas calibration to be conducted every 72
hours as activated by the analyzer’s
internal clock. In addition, to meet
NV2000 specifications, an analyzer
must be designed with a system capable
of requiring an automatic leak check of
the vacuum side of the analyzer
activated by the internal clock every 24
hours.
The NV2000 analyzer also includes a
number of automated controls to ensure
that the system is tamper-resistant. The
inspection certificates are stored
automatically by the exhaust gas
emission analyzer. The analyzers
provide security capable of preventing
any unauthorized modifications to the
software or test data. The performance
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1183
of licensed test and repair stations on
repairing vehicles for retest is
monitored. Emission certificates are
counterfeit-resistant. Overt and covert
audits are used to help verify the
security of documents and emission test
information. The Nevada DMV collects
and inspects records from licensed test
stations to detect discrepancies in
testing and/or repairs. EPA believes the
State’s submitted basic I/M program for
Truckee Meadows meets the quality
control requirements of 40 CFR 51.359
and is acceptable.
Waivers and Compliance via Diagnostic
Inspection (40 CFR 51.360)
Under the Federal I/M rule, state I/M
programs may allow the issuance of a
waiver, which is a form of compliance
with the program requirements that
allows a motorist to comply without
meeting the applicable test standards, as
long as certain prescribed criteria are
met. See 40 CFR 51.360. For ‘‘basic’’ I/
M programs, state I/M programs must
require motorists to make an
expenditure of at least $75 for pre-1981
vehicles and $200 for 1981 and newer
vehicles to qualify for a waiver, but
allows motorists to wait to repair a
failed vehicle for the period of one test
cycle for ‘‘economic hardship.’’ See 40
CFR 51.360(a)(9).
The State of Nevada has adopted
procedures for issuing waivers after an
emission test failure (see NAC
445B.590). First of all, only Nevada
DMV may grant a waiver under the
emissions standards tests. Second, for
the basic I/M program in Truckee
Meadows, the Nevada program requires
a minimum expenditure of at least $200
at an authorized station on repair parts
(other than a catalytic converter, fuel
inlet restrictor or air injection system) or
on labor to qualify for a waiver. See
NAC 445B.590(2)(a). Such labor costs
cannot include emission testing if the
repairs evidenced by the receipt were
directly related to the deficiency in
emissions. If the vehicle is repaired by
the owner, the waiver application must
include receipts or other evidence that
at least $200 has been spent on parts
(other than a catalytic converter, fuel
inlet restrictor or air injection system).
No allowance is permitted for labor on
vehicles repaired by the owner. Also, a
vehicle that qualifies for repairs under
a warranty is not eligible for a waiver.
The performance standard evaluation
provided by the State in the Basic I/M
Performance Standard Evaluation SIP
submittal dated November 2, 2006
reflects the actual waiver rate that
occurred during the first quarter of
1996: 4.2% for pre-1981 vehicles and
3.3% of 1981 and newer vehicles. We
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find that Nevada’s submitted basic I/M
program for Truckee Meadows meets
the requirements for issuing waivers
under such programs under 40 CFR
51.360 and adequately accounts for
waivers in the performance standard
evaluation for the program.
Motorist Compliance Enforcement (40
CFR 51.361)
The Federal I/M rule requires the use
of registration denial to ensure
compliance with the requirements of the
I/M program. However, the Federal I/M
rule allows programs in ‘‘basic’’ I/M
areas to use an alternative enforcement
mechanism if the State demonstrates
that the alternative will be as effective
as registration denial.
The Nevada program includes a
registration denial enforcement
program. See NRS 445B.815 AND NRS
482.280. New residents to Nevada must
register their motor vehicles within 60
days of becoming a resident. See NRS
482.385. Vehicle owners that do not
renew vehicle registrations, and
continue to drive an unregistered
vehicle in the state, are subject to
enforcement action by any law
enforcement officer in the state. Local
governments are responsible for
establishing policies for the mandatory
fines of all traffic violations including
failure to comply with registration
requirements.
Persons purchasing vehicles from
used-car dealers must have the vehicle
tested and obtain evidence of
compliance from the dealers prior to
sale (NRS 445B.800). All persons
purchasing vehicles from individuals
must have the vehicle tested and have
a passing certificate of compliance to
obtain registration. If a vehicle is not
registered, it is unlawful to be operated
on public highways, and NRS 445B.840
prohibits possession of unauthorized
evidence of compliance or the making,
issuance, or use of any imitation or
counterfeit evidence of compliance.
Government fleets (any number of
vehicles) and private fleets (consisting
of 25 or more vehicles) can certify their
vehicles in their own licensed fleet
facility (see NAC 445B.461 and NAC
445B.478). I/M inspection facilities for
fleets must also meet the requirements
applicable to a licensed test station
except for bonds and signs. Evidence of
I/M compliance for vehicles serviced by
a covered fleet must be submitted
annually to Nevada DMV.
Emission control compliance is tied to
vehicle registration or re-registration.
Registration tags are color-coded with
the date imprinted to make it easily
visible to local, county or State law
enforcement personnel. EPA believes
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the submitted basic I/M program for
Truckee Meadows meets the
requirements under the Federal rule
related to motorist compliance
enforcement and is acceptable.
Motorist Compliance Enforcement
Program Oversight (40 CFR 51.362)
The Federal I/M rule requires the
State to audit the enforcement program
on a regular basis and to follow effective
program management practices,
including adjustments to improve
operation when necessary. A quality
assurance program must be
implemented to ensure effective overall
performance of the enforcement system.
Under Nevada’s program, compliance
is monitored using computer records of
vehicle registration through the Nevada
DMV, in conjunction with the State,
local and county law enforcement
agencies. Denial of vehicle registration
or re-registration is the main tool for
compliance. The DMV issues and
supplies all emission control
documents. The DMV tracks all
certificates of inspection issued,
received, returned or voided by the
individual licensed test stations.
Licensed test stations are required to
provide the DMV with a report on all
control documents received, issued, or
voided (see NAC 445B.472 and
445B.473).
The DMV is required to develop
procedures for personnel engaged in
I/M document management and
processing. Periodic audits of test
records and registration files for
renewals must be performed.
Evaluations of all personnel are
conducted on a regular basis in
accordance with the State Personnel
Manual.
Emission test files are required to be
updated periodically at the DMV.
Procedures have been developed for
inquiry into the host computer for
specific vehicles, stations, and general
program reporting. Information on
complaints, waivers issued, and recall
information is included in the data files.
NV2000 specifications require
automatic functions for such items as
the following: Pass/fail determinations
on all measurements; a record of all test
data and vehicle data to the central
computer; electronic calibration and
system integrity checks; and lockouts
for specified quality control.
The State has developed written
procedures for all field auditors and
personnel directly involved in the
enforcement of the I/M program. The
procedures include: Methods for
performing covert and overt audits,
preparation of enforcement documents,
methods for operation of I/M test
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equipment, public relation materials
and other applicable information. EPA
believes the submitted basic I/M
program for Truckee Meadows meets
the requirements under the Federal rule
related to oversight of the motorist
compliance enforcement program and is
acceptable.
Quality Assurance (40 CFR 51.363)
The Federal I/M rule requires an
ongoing quality assurance program to
discover, correct, and prevent fraud,
waste, and abuse and to determine
whether procedures are being followed
and are adequate, if equipment is
measuring accurately, and if other
problems may exist, which would
impede program performance. The
procedures must also be periodically
evaluated to assess their effectiveness
and relevance in achieving program
goals. See 40 CFR 51.363.
The specifications for the NV2000
analyzer incorporate quality assurance
procedures. Among its various software
requirements, NV2000 provides the
capability for generating station and
inspector evaluation reports. NV2000
also provides for different types of
reports generated for State audit
purposes, such as a station performance
report and details regarding analyzer
maintenance. Each licensed test station
must maintain records and have them
available for collection for DMV
evaluation (see NAC 445B.472).
The State’s rules for inspecting test
stations and inspectors are set forth in
NAC 445B.7015–445B.7045. Nevada
DMV conducts annual audits of test
stations and may determine that
additional inspections are necessary
based on circumstances such as
abnormal rates of failure of motor
vehicles on exhaust emissions tests or
receipt of complaints against stations or
inspectors. In addition, a minimum of
once every calendar month, DMV
performs an audit of all exhaust gas
analyzers located at a test station, and
once every calendar quarter, DMV’s
audit includes an evaluation of the
accuracy of the analyzers using
specialty gas specifically designed for
that purpose. See NAC 445B.472.
DMV has developed written standard
operating procedures for quality
assurance that were included as
appendix 6 of the Basic I/M SIP
submitted in 1994. These procedures
cover such subjects as covert audits and
use of covert vehicles. Nevada DMV
auditors receive formal training in the
use of analyzers, basics of air pollution
control, basic engine repair, State
administrative procedures, quality
assurance practices, covert procedures
and program rules and regulations. EPA
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believes the State’s submitted basic I/M
program for Truckee Meadows meets
the requirements under the Federal rule
related to quality assurance and is
acceptable.
Enforcement Against Contractors,
Stations and Inspectors (40 CFR 51.364)
The Federal I/M rule requires the
establishment of minimum penalties for
violations of program rules and
procedures which can be imposed
against licensed stations or contractors,
and inspectors. Procedures for actions
against stations and inspectors are
provided for in NAC sections 445B.463
and 445B.476 (stations) and sections
445B.489 and 445B.491 (inspectors).
Violations and penalties are set forth in
NRS section 445B.835 and 445B.845
and NAC sections 445B.7045 and
445B.727. Stations and inspectors are
regulated by Nevada DMV with respect
to license denials, suspension,
reinstatements, temporary suspensions,
revoked licenses, required bonds,
reapplications, and hearings for
reapplication [NAC sections 445B.463
through 445B.468 (stations) and sections
445B.489 through 445B.493
(inspectors)]. EPA believes the State’s
submitted basic I/M program for
Truckee Meadows meets the
requirements for enforcement against
licensed stations or contractors, and
inspectors in the Federal rule and is
acceptable.
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Data Collection (40 CFR 51.365)
An effective I/M program requires
accurate data collection in order to
manage, evaluate and enforce the
program requirements. The Nevada I/M
program contains data gathering
provisions that meet all of the criteria of
the EPA regulations. Vehicle test data
storage and retrieval methods are
enumerated. Test results are expressed
as either pass or fail. Information related
to the calibration check must be stored
automatically by each analysis. EPA
believes the State’s submitted basic I/M
program for Truckee Meadows meets
the requirements for data collection in
the Federal rule and is acceptable.
Data Analysis and Reporting (40 CFR
51.366)
Data analysis and reporting are
required to monitor and evaluate the
program by the State and EPA and must
provide information regarding the types
of program activities performed and
their final outcomes, including
summary statistics and effectiveness
evaluations of the enforcement
mechanism, the quality assurance
system, the quality control program, and
the testing element. The Federal I/M
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rule requires four annual reports to be
submitted to EPA: A test data report, a
quality assurance report, a quality
control report, and an enforcement
report. In addition, on a biennial basis,
the States must submit a report that
addresses programmatic changes, such
as funding or personnel changes and
new regulations, and problems
identified in the program and steps
taken to correct those problems.
Nevada DMV is responsible, in
cooperation with NDEP, for data
analysis and reporting. The State of
Nevada has consistently submitted the
reports on time (by July of each year),
and the reports contain the required
information. Nevada’s annual data
analysis and reporting includes: The
number of vehicles tested by MY; pass/
fail data; basic statistics on the quality
assurance program for the previous year
that include the number of inspection
stations operating through the year;
overt and covert audit information;
quality control reporting that includes
the number of scheduled station audits
that were conducted and the number of
analyzers that failed a calibration audit;
enforcement-related information
including the motorist compliance level
and the number of waivers granted; and
a description of any changes made to
the I/M program. The most recent report
covers calendar year 2006.
EPA believes that the State’s
submitted basic I/M program for
Truckee Meadows meets the
requirements for data analysis and
reporting in the Federal rule and is
acceptable.
Inspector Training and Licensing or
Certification (40 CFR 51.367)
The Federal I/M rule requires all
inspectors to receive formal training and
be licensed or certified to conduct
inspections. NAC sections 445B.485
through 445B.502 set forth the
procedures for the required training and
licensing of inspectors. Nevada DMV’s
requirements for an approved inspector
include a verified training program for
‘‘class 1’’ and ‘‘class 2’’ inspectors
(including a course approved by DMV),
a written and practical testing program,
and a separate certification process. All
trainees are required to pass a
comprehensive hands-on and written
examination which requires inspectors
to demonstrate an understanding of
Nevada’s regulations, test procedures,
equipment usage, quality control
procedures and safety and health issues.
Certified repair technicians must
comply with the training and licensing
requirements of ‘‘class 2’’ inspectors in
order to perform service on vehicle
exhaust emission components. All test
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stations must employ approved
inspectors of the appropriate class and
rating. Nevada DMV provides the
appropriate inspector training and
licensing to meet the requirements
listed in 40 CFR 51.367. EPA believes
that the State’s submitted basic I/M
program for Truckee Meadows meets
the requirements for inspector training
and licensing or certification in the
Federal rule and is acceptable.
Public Information and Consumer
Protection (40 CFR 51.368)
The Federal I/M rule requires that an
I/M program include a plan for
informing the public on an ongoing
basis throughout the life of the I/M
program of: Local air quality problems,
the requirements of Federal and State
law, and the impact of motor vehicles to
local air quality problems. The
educational program should also
include information on: The need for
and benefits of an inspection program,
how to maintain a vehicle in a lowemission condition, how to find a
qualified repair technician, and the
requirements of the I/M program. In
addition, the program must describe
procedures and mechanisms to protect
the public from fraud and abuse by
inspectors, mechanics, and others
involved in the I/M program.
Pursuant to NRS 445B.785 and NAC
445B.471, Nevada DMV issues a
pamphlet for the purpose of providing
the general public with a description of
the methods of, and reasons for, the I/
M program. NDEP included such a
pamphlet in appendix 8 of the Basic I/
M SIP submitted in 1994. In addition,
Nevada DMV operates a Web site
(https://www.dmvnv.com/emission.htm)
that describes the emissions testing
program. Nevada DMV has developed a
public relations program to disseminate
information to the public through the
local offices of the DMV and civic
events throughout the year. Information
is made available to the motorist, whose
vehicle fails the test, regarding repair
facilities. The consumer is protected
through covert audits, regular
inspections and public reports of
improprieties. EPA believes the State’s
submitted basic I/M program for
Truckee Meadows meets the
requirements for public information and
consumer protection in the Federal rule
and is acceptable.
Improving Repair Effectiveness (40 CFR
51.369)
I/M program goals are achieved
through effective repairs of vehicles
which have failed the initial test. Under
the Federal I/M rule, the State must
provide the repair industry with
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information and assistance on vehicle
inspection, diagnosis and repair. Also,
the State I/M program must provide
feedback, including statistical and
qualitative information to individual
repair facilities on a regular basis
regarding their success in repairing
failed vehicles. Lastly, the State must
assess the availability of adequate repair
technician training in the I/M area and
if such training is not currently
available, shall ensure training is made
available to all interested persons in the
community either through private or
public facilities.
Nevada DMV provides technical
assistance to the repair industry by
requiring the manufacturer of NV2000
exhaust gas analyzers to train all
approved inspectors at the time of
installation in the proper use,
maintenance and operation of the
analyzer and to provide on-site service
calls to address specific issues or
problems. See NAC 445B.5075. To
provide Nevada DMV with the basis to
evaluate the success in repairing failed
vehicles, each authorized station is
required to maintain, and have available
for collection, records of all repairs at
the request of Nevada DMV. See NAC
445B.472. Lastly, Nevada DMV’s
inspector regulations (NAC 445B.485
through 445B.502) require specific
training and licensing of ‘‘class 2’’
inspectors, who are then approved as
repair technicians. The training and
certifying of mechanics is under the
auspices of the DMV in cooperation
with the Community College System.
We find that the State’s I/M program
for repair technician training meets the
requirements of 40 CFR 51.369 thereby
justifying the technician training credit
taken in the Basic I/M Performance
Standard Evaluation SIP submitted on
November 2, 2006.
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Compliance With Recall Notices (40
CFR 51.370)
States are required to establish a
method to ensure that vehicles subject
to ‘‘enhanced’’ I/M and that are
included in either a voluntary emissions
recall as defined at 40 CFR 85.1902(d),
or in a remedial plan determination
made pursuant to section 207(c) of the
Act, receive the required repairs.
‘‘Basic’’ I/M programs, such as the one
required for Truckee Meadows, are not
subject to this requirement.
On-Road Testing (40 CFR 51.371)
On-road testing is required in areas
subject to ‘‘enhanced’’ I/M requirements
but is an option for areas subject to
‘‘basic’’ I/M. Because Truckee Meadows
is subject to the ‘‘basic’’ I/M
requirements, no on-road testing is
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required in that area, and none is being
conducted.
Implementation Deadlines (40 CFR
51.373)
State Implementation Plan Submission
(40 CFR 51.372)
The Federal I/M rule requires State I/
M SIP submittals to address the
following elements: (1) Schedule of
implementation of the program
including interim milestones leading to
mandatory testing; (2) an analysis of
emission level targets for the program
showing that the program meets the
performance standard; (3) a description
of the geographic coverage of the
program; (4) a detailed discussion of
each of the required design elements; (5)
legal authority requiring or allowing
implementation of the I/M program; (6)
legal authority for I/M program
operation until such time as it is no
longer necessary; (7) implementing
regulations, interagency agreements,
and memorandum of understanding;
and (8) evidence of adequate funding
and resources to implement all aspects
of the program.
The State of Nevada has implemented
a mandatory I/M program in Truckee
Meadows since 1983. The changes that
the State adopted to meet EPA’s ‘‘basic’’
I/M program requirements were
implemented in 1994. For MY 1996 and
newer light-duty gasoline-powered
vehicles, mandatory OBD system checks
replaced the previous two-speed idle
test beginning in 2002.
All of the required SIP I/M elements
listed above were included in the Basic
I/M SIP submitted by NDEP on June 3,
1994 except for the performance
standard evaluation, which was
contained in the Basic I/M Performance
Standard Evaluation SIP submitted on
November 2, 2006. Also, since 1994, the
State has updated certain elements of
the Basic I/M SIP, including the legal
authority for the program, the
implementing regulations, and the
specifications for the approved exhaust
gas analyzer. On May 11, 2007, NDEP
submitted a third related SIP revision
entitled Nevada Mobile Source SIP:
Update of the Regulatory Element (May
11, 2007)(‘‘Mobile Source SIP Update’’),
which includes a complete set of
current I/M-related statutory provisions
and implementing rules as well as the
changes to the specifications for the
NV2000 exhaust gas analyzer made
since approval of NV2000 as part of
Nevada’s I/M program in Las Vegas and
Boulder City in 2004. Thus, NDEP has
submitted all of the required I/M
elements. We note also that Nevada’s I/
M program does not undergo a sunset
review, and thereby has the legal
authority to operate until such time as
it is no longer necessary.
The Federal I/M rule requires I/M
programs to be implemented as
expeditiously as practicable.
Decentralized ‘‘basic’’ I/M programs
were required to be fully implemented
by January 1, 1994. On-board diagnostic
system checks must be implemented in
all ‘‘basic’’ I/M areas by January 1, 2002.
Nevada’s ‘‘basic’’ I/M program was
implemented in 1994, and Nevada’s
requirements for OBD checks were
implemented in 2002. This is
acceptable.
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Conclusion
Based on our review of the various
elements of the program as discussed
above, we propose to approve the basic
I/M program for Truckee Meadows as
meeting all applicable requirements
under the CAA and our implementing
regulations under 40 CFR part 51,
including the requirement that the basic
program meets the ‘‘basic’’ performance
standard applicable to ‘‘moderate’’ CO
nonattainment areas with design values
less than 12.7 ppm.
VIII. Clean Air Act Requirements for
Redesignation to Attainment
The CAA establishes the requirements
for redesignating a nonattainment area
to attainment. Specifically, section
107(d)(3)(E) allows for redesignation
provided that the following criteria are
met: (1) EPA determines that the area
has attained the applicable NAAQS; (2)
EPA has fully approved the applicable
implementation plan for the area under
section 110(k); (3) EPA determines that
the improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP,
applicable Federal air pollution control
regulations, and other permanent and
enforceable reductions; (4) EPA has
fully approved a maintenance plan for
the area as meeting the requirements of
CAA section 175A; and (5) the State
containing such area has met all
requirements applicable to the area
under section 110 and part D of the
CAA.
EPA provided guidance on
redesignations in the form of a General
Preamble for the Implementation of
Title I of the CAA Amendments of 1990
published in the Federal Register on
April 16, 1992 (57 FR 13498), as
supplemented on April 28, 1992 (57 FR
18070). Other relevant EPA guidance
documents include:
• ‘‘Contingency Measures for Ozone
and Carbon Monoxide (CO)
Redesignations,’’ Memorandum from
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G.T. Helms, Chief, Ozone/Carbon
Monoxide Programs Branch, Office of
Air Quality Planning and Standards
(OAQPS), June 1, 1992 (Helms memo);
• ‘‘Procedures for Processing
Requests to Redesignate Areas to
Attainment,’’ Memorandum from John
Calcagni, Director, Air Quality
Management Division, OAQPS,
September 4, 1992 (Calcagni memo
1992a);
• ‘‘Public Hearing Requirements for
1990 Base-Year Emissions Inventories
for Ozone and Carbon Monoxide
Nonattainment Areas,’’ Memorandum
from John Calcagni, Director, Air
Quality Management Division, OAQPS,
September 29, 1992 (Calcagni memo
1992b);
• ‘‘State Implementation Plan (SIP)
Actions Submitted in Response to Clean
Air Act (ACT) Deadlines,’’
Memorandum from John Calcagni,
Director, Air Quality Management
Division, OAQPS, October 28, 1992
(Calcagni memo 1992c);
• ‘‘State Implementation Plan (SIP)
Requirements for Areas Submitting
Requests for Redesignation to
Attainment of the Ozone and Carbon
Monoxide (CO) National Ambient Air
Quality Standards (NAAQS) On or After
November 15, 1992,’’ Memorandum
from Michael H. Shapiro, Acting
Assistant Administrator for Air and
Radiation, September 17, 1993 (Shapiro
memo);
• ‘‘Use of Actual Emissions in
Maintenance Demonstrations for Ozone
and Carbon Monoxide (CO)
Nonattainment Areas,’’ Memorandum
from D. Kent Berry, Acting Director, Air
Quality Management Division, OAQPS,
November 30, 1993 (Berry memo);
• ‘‘Part D New Source Review (part D
NSR) Requirements for Areas
Requesting Redesignation to
Attainment,’’ Memorandum from Mary
D. Nichols, Assistant Administrator for
Air and Radiation, October 14, 1994
(Nichols memo).
For the reasons set forth below in
section IX of this document, we propose
to approve NDEP’s request for
redesignation of the Truckee Meadows
nonattainment area to attainment for the
CO NAAQS based on our conclusion
that all of the criteria under CAA
section 107(d)(3)(E) have been satisfied.
IX. Evaluation of the State’s
Redesignation Request for Truckee
Meadows
A. The Area Must Have Attained the
Applicable NAAQS
Section 107(d)(3)(E)(i) of the CAA
states that for an area to be redesignated
to attainment EPA must determine that
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the area has attained the applicable
NAAQS. In this case, the applicable
NAAQS is the CO NAAQS.
On May 3, 2005 (70 FR 22803), we
determined that the Truckee Meadows
‘‘moderate’’ CO nonattainment area
attained the CO NAAQS by the
applicable attainment date (1995) and
had continued to attain the standard
since that time. As part of that
determination, we reviewed the ambient
CO monitoring network operated by the
District AQMD and found that it meets
or exceeds our requirements. See 70 FR
3170 (January 21, 2005). For a
description of District AQMD’s ambient
CO monitoring network in Truckee
Meadows and our requirements for such
networks, please see our January 21,
2005 proposed CO attainment finding
(70 FR 3170).
We based our May 3, 2005
determination of attainment on ambient
monitoring data through year 2004. For
the purposes of this proposed rule, we
have reviewed the most recent data
input to our Air Quality System (AQS)
database and have found that no
exceedances of the CO NAAQS have
been recorded in the 2005–2006 period.
(The highest 8-hour CO concentrations
were less than 50% of the NAAQS at all
of the stations over the 2005–2006
period.) Thus, based on the attainment
finding and positive assessment of the
District AQMD ambient CO monitoring
network that we made in May 2005 and
our current review of the most recent
data in AQS, we find that Truckee
Meadows has attained the CO NAAQS
thereby satisfying the criterion for
redesignation set forth in section
107(d)(3)(E)(i).
B. The Area Must Have a Fully
Approved SIP Under Section 110(k) of
the CAA
Section 107(d)(3)(E)(ii) precludes
redesignation of a nonattainment area to
attainment until EPA has fully approved
the applicable implementation plan for
the area under section 110(k). Pursuant
to the CAA amendments of 1977, the
State of Nevada submitted a CO plan for
the Truckee Meadows nonattainment
area. In 1981, we approved in part, and
conditionally approved in part, the
submitted CO plan, and in 1982, we
found that the conditions imposed on
approval of certain elements of the CO
plan for Truckee Meadows had been
fulfilled. In 1984, we approved revisions
to many of the elements contained in
the CO plan for Truckee Meadows, and
deferred action on other elements. We
proposed disapproval of a subsequent
CO plan for Truckee Meadows in 1987,
but we consider the plan elements for
which we deferred action or proposed
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1187
disapproval in the 1980’s to be
superseded by the SIP revision
submittals made pursuant to the 1990
Clean Air Act Amendments.
With respect to post-1990 SIP
submittals, upon final approval of the
required plan elements proposed for
approval herein (wintertime oxygenated
gasoline rule and ‘‘basic’’ I/M program),
we will have fully approved the
applicable implementation plan for the
Truckee Meadows CO nonattainment
area, and thereby satisfied this criterion
for redesignation.
C. The Area Must Show the
Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions
Reductions
Section 107(d)(3)(E)(iii) precludes
redesignation of a nonattainment area to
attainment unless EPA determines that
the improvement in air quality is due to
permanent and enforceable reductions
in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollution
control regulations and other permanent
and enforceable regulations. If EPA
makes such a determination, then the
criterion is satisfied.
The improvement in CO air quality in
the Truckee Meadows area is due to the
Federal Motor Vehicle Control Program
(40 CFR part 86), the local wintertime
oxygenated gasoline rule, the State’s
‘‘basic’’ vehicle I/M program, and the
local residential wood combustion rule.
The Federal Motor Vehicle Control
Program has contributed to improved air
quality through the gradual, continued
turnover and replacement of older
vehicle models with newer models
manufactured to meet increasingly
stringent Federal tailpipe emissions
standards. The emissions reductions
from the Federal Motor Vehicle Control
Program are reflected in the emissions
inventories and maintenance
demonstration discussed later in this
document through the use of EPA’s
MOBILE emission factor model for onroad motor vehicles. The Truckee
Meadows CO Maintenance Plan
provides estimates of the emissions
reductions associated with the State and
local measures in years 2002, 2010 and
2016 (see page 7 of the Truckee
Meadows CO Maintenance Plan). Based
on those estimates, the three State and
local control measures together reduced
CO emissions that would otherwise
have occurred in Truckee Meadows by
approximately 20 percent in 2002.
With respect to permanence and
enforceability, we are proposing
approval of the wintertime oxygenated
gasoline rule and the ‘‘basic’’ vehicle
I/M program in this action, and upon
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their final approval, the local
wintertime oxygenated gasoline rule
and basic I/M program will become
federally enforceable as part of the
Nevada SIP. (The wintertime
oxygenated gasoline rule and basic I/M
program are already enforceable by the
District and State, respectively.) Upon
the effective date of our approval of the
residential wood combustion rule, it
became federally enforceable. None of
these measures include sunset clauses,
and thus, upon approval by EPA, the
measures will become permanent
features of the Nevada SIP until such
time as the State submits, and EPA
approves, future SIP revisions that
amend or delete them.
With respect to the connection
between the emissions reductions and
the improvement in air quality, the
Truckee Meadows CO Maintenance Plan
provides a demonstration that the air
quality improvement in Truckee
Meadows, that has resulted in
attainment of the CO NAAQS by 1995
and continued attainment since then, is
due to emission reductions from
implementation of the control measures
discussed above and is not the result of
a local economic downturn or unusual
or extreme weather patterns. See pages
6 through 11 of the Truckee Meadows
CO Maintenance Plan.
Thus, we find that the improvement
in CO air quality in Truckee Meadows
is the result of permanent and
enforceable emissions reductions from a
combination of the Federal Motor
Vehicle Control Program and certain
State and local measures. As such, the
criterion for redesignation set forth at
CAA section 107(d)(3)(E)(iii) is satisfied.
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D. The Area Must Have Met All
Applicable Requirements Under Section
110 and Part D
Section 107(d)(3)(E)(v) requires a
State to have met all requirements
applicable to a nonattainment area
under section 110 and part D of the Act
as a prerequisite to redesignation of that
nonattainment area to attainment.
1. Section 110 Requirements
Section 110(a)(2) sets forth the general
elements that a SIP must contain in
order to be fully approved. Although
section 110(a)(2) was amended in 1990,
a number of the requirements did not
change in substance, and therefore, EPA
believes that the pre-amendment EPAapproved SIP met these requirements in
Truckee Meadows with respect to CO.
As to those requirements that were
amended, (see 57 FR 27936 and 27939,
June 23, 1992), many are duplicative of
other requirements of the Act. EPA has
analyzed the SIP and determined that it
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is consistent with the requirements of
amended section 110(a)(2). The Truckee
Meadows portion of the Nevada SIP
contains enforceable emission
limitations; requires monitoring,
compiling and analyzing of ambient air
quality data; requires preconstruction
review of new or modified stationary
sources; provides for adequate funding,
staff, and associated resources necessary
to implement its requirements; and
provides the necessary assurances that
the State maintains responsibility for
ensuring that the CAA requirements are
satisfied in the event that the District is
unable to meet its CAA obligations.
2. Part D Requirements
The requirements that apply under
part D of title I of the Act to ‘‘moderate’’
CO nonattainment areas are set forth in
sections 172, 176, 187, and 211. The
CAA, as amended in 1990, distinguishes
between moderate CO nonattainment
areas with design values of 12.7 ppm
(eight-hour average) or less and those
with design values greater than 12.7
ppm at the time of initial classification.
Truckee Meadows had a design value of
9.8 ppm at the time of initial
classification and thus is subject to
those specific requirements that apply
to ‘‘moderate’’ CO nonattainment areas
with a design value of 12.7 ppm or less
and is not subject to the additional
requirements of ‘‘moderate’’ CO
nonattainment areas with design values
greater than 12.7 ppm. We have issued
guidance in a General Preamble 9
describing how we will review SIPs and
SIP revisions submitted under title I of
the Act, including those containing
moderate CO nonattainment area SIP
provisions.
Reasonably Available Control
Measures / Reasonably Available
Control Technology (RACM/RACT).
Section 172(c)(1) of the Act requires
States to submit a SIP revision for
nonattainment areas that provide for the
implementation of all reasonably
available control measures (RACM) as
expeditiously as practicable (including
such reductions in emissions from
existing sources in the area as may be
obtained through the adoption, at a
minimum, of reasonably available
control technology (RACT)) and shall
provide for attainment of the NAAQS.
RACM is a more general term that can
refer to stationary, area or mobile
sources while RACT is a term that refers
to stationary sources.
9 ‘‘General Preamble for the Implementation of
Title I of the Clean Air Act Amendments of 1990’’
(57 FR 13498, April 16, 1992, as supplemented 57
FR 18070, April 28, 1992).
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Attainment of the CO NAAQS in
Truckee Meadows relies upon three
State or local control measures: The
State’s I/M program, Washoe County’s
rule establishing a wintertime
oxygenated fuel requirement and
Washoe County’s rule establishing
requirements for residential wood
combustion. We are proposing to
approve the State’s I/M program for
Truckee Meadows as well as the
District’s rule establishing a wintertime
oxygenated fuel requirement as part of
this action (see sections VI and VII of
this document). In a separate action, we
approved the District’s rule governing
residential wood combustion. See 72 FR
33397 (June 18, 2007). Because the area
has attained the CO NAAQS, no
additional measures need be submitted
to fulfill the RACM/RACT requirement
of CAA section 172(c)(1) in the Truckee
Meadows CO nonattainment area.
Reasonable Further Progress (RFP).
Section 172(c)(2) of the Act requires
States to submit a SIP revision for
nonattainment areas that provide for
reasonable further progress (RFP).
Reasonable further progress is defined
in CAA section 171(1) as 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.
EPA interprets the Act such that the
requirements for RFP do not apply in
evaluating a request for redesignation to
attainment since, at a minimum, the air
quality data for the area must show that
the area has already attained. Showing
that the State will make RFP towards
attainment will, therefore, have no
meaning at that point. See 57 FR 13498,
at 13564 (April 16, 1992). See also our
September 4, 1992 memorandum from
John Calcagni, entitled ‘‘Procedures for
Processing Requests to Redesignate
Areas to Attainment’’ (Calcagni memo),
p. 6. Based on our finding above that
Truckee Meadows has attained the CO
NAAQS, we find that the requirements
for RFP do not apply for the purposes
of our evaluation of the State’s request
to redesignate the area to attainment.
Emissions Inventory. Sections
172(c)(3) and 187(a)(1) of the Act
require States to submit a
comprehensive, accurate, current
inventory of actual CO emissions for
year 1990 from all sources within the
nonattainment area. The inventory is to
address actual CO emissions during the
peak CO season for the area, and all
stationary (generally referring to larger
stationary source or ‘‘point’’ sources),
area (generally referring to smaller
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stationary and fugitive (non-smokestack)
sources), and mobile (on-road, nonroad,
locomotive and aircraft) sources are to
be included in the compilation. Under
sections 172(c)(3) and 187(a)(5) of the
Act, States are required to submit, no
later than September 30, 1995, and no
later than the end of each 3-year period
thereafter, until redesignation, an
updated inventory of CO emitted within
CO nonattainment areas.
On November 13, 1992, NDEP
submitted a revision to the Truckee
Meadows portion of the Nevada SIP that
contained a number of items, including
the 1990 Base Year CO Inventory. The
1990 Base Year CO Inventory was the
responsibility of and complied by the
staff of the District AQMD. In the
process of developing this base year
inventory, the District AQMD submitted
an Inventory Preparation Plan (IPP),
which was officially accepted and
approved by EPA.10 In 1993, the District
AQMD revised the 1990 Base Year CO
Inventory to reflect, among other things,
an update of EPA’s on-road motor
vehicle emission factor model (MOBILE)
and updated EPA methods for
calculating emissions from nonroad
mobile sources. NDEP submitted the
revised inventory (‘‘Revised 1990 Base
Year CO Inventory’’) to EPA on June 3,
1994 as appendix 4 to NDEP’s ‘‘basic’’
vehicle I/M SIP revision submittal for
Truckee Meadows.
On January 19, 1996; April 14, 1999;
February 5, 2002; and February 3, 2005,
NDEP submitted SIP revisions that
contained updates of the CO emissions
inventories for Truckee Meadows for
years 1993, 1996, 1999, and 2002,
respectively, as required under CAA
sections 172(c)(3) and 187(a)(5). Each
successive inventory update reflects the
changes in activity levels within each of
the various source categories, the effects
of on-going emissions control programs
such as the Federal Motor Vehicle
Control Program and the District’s
residential wood combustion program,
as well as the updates to methods and
emissions factors used to develop
emissions inventories, such as updates
to EPA’s ‘‘MOBILE’’ emission factor
model.
We interpret the Act such that the
emission inventory requirements of
section 172(a)(3), 187(a)(1), and
187(a)(5) are satisfied by the inventory
requirements of the maintenance plan.
See 57 FR 13498, at 13564 (April 16,
1992). Thus, our proposed approval of
the submitted maintenance plan and
10 See letter from Julia Barrow, Chief, Air Quality
Section, Air Division, EPA-Region IX, to Jack
Sheen, Air Pollution Control Officer, District
AQMD, dated February 21, 1992.
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related base year (2002) CO emission
inventory satisfies the requirements of
section 172(a)(3), 187(a)(1), and
187(a)(5) for the purposes of
redesignation of Truckee Meadows to
attainment for the CO NAAQS. See
section IX.E.1 herein for details
concerning the base year (2002) CO
emission inventory. We plan no further
action on the previously submitted CO
inventories for years 1990, 1993, 1996,
and 1999.11
Permits for New and Modified Major
Stationary Sources
Under section 172(c)(5), the CAA
requires States to submit SIP revisions
that establish certain requirements for
new or modified stationary sources in
nonattainment areas, including
provisions to ensure that major new
sources or major modifications of
existing sources of nonattainment
pollutants incorporate the highest level
of control, referred to as the Lowest
Achievable Emission Rate (LAER), and
that increases in emissions from such
stationary sources are offset so as to
provide for reasonable further progress
towards attainment in the
nonattainment area. The process for
reviewing permit applications and
issuing permits for new or modified
stationary sources of air pollution is
referred to as ‘‘New Source Review’’
(NSR). With respect to nonattainment
pollutants in nonattainment areas, this
process is referred to as ‘‘nonattainment
NSR.’’
Under the Clean Air Act Amendments
of 1977, States with designated
nonattainment areas were required to
amend their NSR rules to impose LAER
and offsets requirements on new major
sources and major modifications of
nonattainment pollutants in
nonattainment areas. Under the 1977
Act Amendments, we designated
Truckee Meadows as a CO
nonattainment area. In Washoe County,
the District AQMD administers the NSR
program for all stationary sources except
for certain fossil-fueled power plants
that are subject under State law to NDEP
jurisdiction.
To address the nonattainment NSR
requirements flowing from the 1977 Act
Amendments, the District amended its
NSR rules; NDEP submitted them to
EPA on July 24, 1979 as a revision to the
11 We are also not taking specific action on
NDEP’s submittal of the 2002 periodic inventory
update. However, because the 2002 inventory was
used as the base year inventory in the Truckee
Meadows CO Maintenance Plan, we are relying on
the technical documentation submitted with the
2002 periodic inventory update in our evaluation of
the Truckee Meadows CO Maintenance Plan. See
section IX.E.1 of this document.
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Truckee Meadows portion of the Nevada
SIP; and we approved them on April 14,
1981. See 21758 (April 14, 1981). In that
same April 1981 final rule, we also
approved NDEP’s revised nonattainment
NSR rules. Under these EPA-approved
rules, LAER and offsets have been
requirements for any new major sources
or major modifications of CO in the
Truckee Meadows nonattainment area.
The 1990 Clean Air Act Amendments
retained the core nonattainment NSR
elements of LAER and offsets but added
additional requirements, and in
response, the District again revised its
NSR rules, and NDEP submitted the
revised rules to EPA on April 7, 1994.
We have not taken action on the April
7, 1994 NSR SIP submittal.
We have determined, however, that
areas being redesignated from
nonattainment to attainment do not
need to comply with the requirement
that an NSR program be approved prior
to redesignation provided that the area
demonstrates maintenance of the
standard without nonattainment NSR in
effect. The rationale for this
determination is described in the
Nichols memo cited in section VIII of
this document.
The Truckee Meadows CO
Maintenance Plan anticipates an
increase in CO emissions that is
proportional to expected growth in
population in the Truckee Meadows
area from the types of sources
potentially subject to LAER and
offsets 12 rather than assuming that any
increases in CO from such sources
would be offset. See pages 18–20 in the
Truckee Meadows CO Maintenance
Plan. Thus, we find that the
maintenance demonstration for the
Truckee Meadows CO nonattainment
area does not rely on nonattainment
NSR, and the State need not have a
fully-approved nonattainment NSR
program for Truckee Meadows prior to
approval of the CO redesignation
request.
Prevention of Significant
Deterioration (PSD) is the NSR program
that applies to new major sources or
major modifications of attainment
pollutants and is the replacement
program for nonattainment NSR after
redesignation to attainment, and part of
the obligation under PSD is for a new
source to review increment
consumption and maintenance of the air
quality standards. The PSD program
requires stationary sources to undergo
preconstruction review before facilities
12 The source categories with sources potentially
subject to LAER and offsets include stationary
source fuel combustion and waste disposal,
treatment and recovery.
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are constructed or modified, and to
apply Best Available Control
Technology (BACT). The PSD program
will apply to any major source or major
modification of CO emissions wishing
to locate in the Truckee Meadows area
once the area is redesignated to
attainment. EPA currently administers
the PSD program in Washoe County
except for certain types of sources for
which EPA has delegated PSD authority
to NDEP. See 68 FR 19371 (April 21,
2003) and 70 FR 52837 (September 8,
2003).
Contingency Provisions. Section
172(c)(9) of the Act requires a State to
submit contingency measures that will
be implemented if an area fails to make
reasonable further progress 13 (RFP) or
fails to attain by the applicable
attainment date.
On October 20, 1993, the District
adopted a request to the Nevada State
Environmental Commission to require
and implement an ‘‘enhanced’’ vehicle
I/M program in Truckee Meadows, upon
the occurrence of future CO NAAQS
exceedances, as the contingency
measure intended to fulfill the
requirement of CAA section 172(c)(9).
NDEP included this contingency
measure as appendix 7 to the State’s
‘‘basic’’ vehicle I/M program for the
Truckee Meadows area and submitted
the ‘‘basic’’ vehicle I/M program for the
Truckee Meadows to EPA in a SIP
revision submittal dated June 3, 1994.
As noted above, the section 172(c)(9)
requirement for contingency measures
are directed at ensuring RFP and
attainment by the applicable date. We
interpret the Act such that this
requirement no longer applies when an
area has attained the standard and is
eligible for redesignation. See 57 FR
13498, at 13564 (April 16, 1992). See
also Calcagni memo 1992a, at page 6.
Furthermore, we note that CAA section
175A for maintenance plans provides
specific requirements for contingency
measures that effectively supersede the
requirements of section 172(c)(9) for
these areas.
Therefore, based on our finding above
that Truckee Meadows has attained the
CO NAAQS, we find that the
requirement for contingency measures
under section 172(c)(9) does not apply
for the purposes of our evaluation of the
State’s request for redesignation, and we
consider the contingency provisions
submitted as part of the Truckee
13 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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Meadows CO Maintenance Plan to
supersede the contingency measure
submitted on June 3, 1994 and plan no
further action on the latter measure.
Section 176 Requirements. Under
section 176(c) of the Clean Air Act
Amendments of 1990, States were
required to establish criteria and
procedures to ensure that Federally
supported or funded projects conform to
the air quality planning goals in the
applicable SIP. Section 176(c) further
provided that State conformity
provisions be consistent with Federal
conformity regulations that the CAA
required EPA to promulgate. EPA’s
conformity regulations are codified at 40
CFR part 93, subparts A (‘‘transportation
conformity’’) and B (‘‘general
conformity’’). ‘‘Transportation
conformity’’ applies to transportation
plans, programs, and projects
developed, funded, and approved under
title 23 U.S.C. or the Federal Transit
Act, and ‘‘general conformity’’ applies
to all other Federally-supported or
funded projects. SIP revisions intended
to address the conformity requirements
are referred to herein as ‘‘conformity
SIPs.’’
To address the statutory and
regulatory requirements related to
transportation and general conformity,
on July 31, 1995, NDEP submitted the
conformity procedures and criteria that
had been adopted by the District on
December 14, 1994 and by the Truckee
Meadows Regional Planning Governing
Board on February 9, 1995. We have not
taken action on the July 31, 1995 SIP
revision submittal.14
EPA believes it is reasonable to
interpret the conformity requirements as
not applicable for purposes of
evaluating a redesignation request under
section 107(d)(3)(E). The rationale for
this is based on a combination of two
factors. First, the requirement to submit
a conformity SIP continues to apply to
areas after redesignation to attainment,
since such areas would be subject to a
section 175A maintenance plan. See
14 On August 10, 2005, the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA–LU) was enacted, and
among its provisions, this law amended section
176(c) of the CAA to reduce the content
requirements for transportation conformity SIPs.
Under SAFETEA–LU, with respect to transportation
conformity, States are required only to develop
criteria and procedures for interagency consultation
and enforcement (and enforceability) of
commitments for certain control measures and
mitigation measures. In response to SAFETEA–LU,
NDEP is now free to request that EPA approve only
the three provisions that are required to be included
in transportation conformity SIPs and that EPA take
no action on the remainder of the transportation
conformity portion of the July 31, 1995 SIP
submission; however, other options are available as
well. See 72 FR 24472, at 24484–24485 (May 2,
2007).
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CAA section 176(c)(5)(B). Second, the
EPA’s conformity rules require the
performance of conformity analyses in
the absence of Federally-approved State
rules. See 40 CFR 51.390(b) and
51.851(b). Therefore, because areas are
subject to the conformity requirements
regardless of whether they are
redesignated to attainment and must
implement conformity under Federal
rules if State rules are not yet approved,
EPA believes it is reasonable to view
these requirements as not applicable for
purposes of evaluating a redesignation
request. See Wall v. EPA, 265 F.3d 426,
439 (6th Cir. 2001) upholding this
interpretation.
For the reasons stated above, EPA
believes the approval of conformity
rules into the State’s SIP is not a
prerequisite for redesignation and thus,
our inaction on NDEP’s July 31, 1995
submittal is no obstacle to redesignation
of Truckee Meadows to attainment for
the CO NAAQS. Federal transportation
and general conformity rules will
continue to apply with respect to CO
emissions associated with
transportation plans, programs, and
projects as well as other Federallysupported or funded projects within
Truckee Meadows.
Vehicle Inspection and Maintenance
Program. Under section 187(a)(4), the
CAA requires States with moderate CO
nonattainment areas to submit a SIP
revision that provides for a new or
amended vehicle I/M program that
meets applicable Federal I/M
requirements, including the ‘‘basic’’ I/M
performance standard. As described in
section VII of this document, we are
proposing to approve the State’s ‘‘basic’’
I/M program for Truckee Meadows, and
if we finalize this action as proposed,
the vehicle I/M requirement for Truckee
Meadows under CAA section 187(a)(4)
will be fulfilled.
Oxygenated Gasoline Program. Under
section 211(m), the CAA requires States
with CO nonattainment areas with
design values of 9.5 ppm or greater
(based on 1988–1989 data) to submit a
SIP revision that provides for an
oxygenated gasoline program. As
described in section VI of this
document, we are proposing to approve
the District’s wintertime oxygenated
gasoline rule, and if we finalize this
action as proposed, the fuel requirement
under CAA section 211(m) will be
fulfilled.
Conclusion with respect to Section
110 and Part D Requirements. Based on
our evaluation of the various SIP
requirements and submittals discussed
above, we conclude that upon our final
approval of the SIP submittals evaluated
in this action, the State will have met all
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section 110 and part D requirements
that apply to the Truckee Meadows
moderate CO nonattainment area and
thereby satisfied the criterion for
redesignation under CAA section
107(d)(3)(E)(v).
E. The Area Must Have a Fully
Approved Maintenance Plan Under
CAA Section 175A
Section 107(d)(3)(E)(iv) of the CAA
requires, as a pre-condition to being
redesignated to attainment, that EPA has
fully approved a maintenance plan for
the area as meeting the requirements of
section 175A of the Act. Section 175A
sets forth the elements of a maintenance
plan for areas seeking redesignation
from nonattainment to attainment. We
interpret this section of the Act to
require, in general, the following core
elements: Attainment inventory,
maintenance demonstration, monitoring
network, verification of continued
attainment, and contingency plan. See
Calcagni memo 1992a.
The purpose of a maintenance plan is
to provide for the maintenance of the
applicable NAAQS for at least 10 years
after redesignation. Eight years after
redesignation, the State must submit a
revised maintenance plan which
demonstrates continued maintenance of
the applicable NAAQS for an additional
10 years following the initial ten-year
maintenance period. To address the
possibility of future NAAQS violations,
the maintenance plan must contain
contingency measures, with a schedule
for implementation adequate to assure
prompt correction of any air quality
problems. The Redesignation Request
and Maintenance Plan for the Truckee
Meadows Carbon Monoxide Non-
Attainment Area (September 2005)
(‘‘Truckee Meadows CO Maintenance
Plan’’), which was prepared by the
District AQMD and adopted by the
District Board of Health, addresses these
core elements, and our evaluation of
these elements follows.
1. Attainment Inventory
The plan must contain an attainment
year emissions inventory to identify a
level of emissions in the area which is
sufficient to attain the CO NAAQS. This
inventory is to be consistent with EPA’s
most recent guidance on emissions
inventories for nonattainment areas
available at the time and should
represent emissions during the time
period associated with the monitoring
data showing attainment. The inventory
should also be based on actual ‘‘CO
season data’’ (i.e., wintertime) emissions
for the attainment year.
The District’s Truckee Meadows CO
Maintenance Plan presents CO
emissions estimates and projections for
years 2002, 2010, and 2016. We find
year 2002 to be an acceptable year for
the baseline year because it represents a
year in which the Truckee Meadows
was in attainment of the CO NAAQS.
See 70 FR 22803 (May 3, 2005). Based
on monitoring data collected during
2002, the design value for CO in
Truckee Meadows in the attainment
year was 4.4 ppm, eight-hour average,
which is well below the NAAQS of 9
ppm. The baseline (2002) inventory in
the maintenance plan is not
documented in detail in the Truckee
Meadows CO Maintenance Plan itself
but is so documented in a separate SIP
submittal of the same date as the
Truckee Meadows CO Maintenance Plan
1191
(November 4, 2005) of the 2002 CO
periodic inventory update.
As shown in table 1 below, the
baseline inventory (2002) covers
stationary area sources (including
stationary source fuel combustion;
waste disposal, treatment, & recovery;
residential wood combustion; and
miscellaneous area sources (such as
wildfires, structure fires, and prescribed
burning)), nonroad mobile sources
(including aircraft, nonroad gasoline
and diesel vehicles, and railroads), and
on-road mobile sources (i.e., cars,
trucks, and motorcycles) and reflects
activity profiles and temperatures
characteristic of the CO season (i.e.,
Winter). On-road estimates were made
based on EPA’s MOBILE6 (high altitude)
emission factors, vehicle I/M and antitampering programs, the oxygenated
gasoline requirement, Regional
Transportation Commission (RTC)
transportation activity estimates (VMT,
vehicle speeds, etc.), and demographic
data provided by the planning
departments for Washoe County, the
City of Reno, and the City of Sparks.
Nonroad mobile source emissions (not
including aircraft or locomotives) were
estimated using EPA’s NONROAD
emissions model. The baseline
emissions estimates reflect the basic
control measures relied upon for
attainment and maintenance of the CO
NAAQS in Truckee Meadows: The
Federal Motor Vehicle Control Program,
The District’s oxygenated gasoline
requirement, the State’s vehicle I/M
program for motor vehicles, and the
District’s residential wood combustion
program.
TABLE 1.—CARBON MONOXIDE EMISSIONS INVENTORY, TRUCKEE MEADOWS, 2002, 2010, AND 2016
[Pounds per typical CO season day]
Source
2002
2010
2016
2,920
18
31,918
613
4,175
68,578
1,645
155
335,508
3,321
20
35,344
697
4,748
68,712
1,834
176
263,938
3,619
22
35,344
760
5,175
77,226
1,873
192
236,754
Subtotal (excluding safety margins) .....................................................................................
445,530
378,790
360,965
Safety Margin (assigned to on-road vehicles) .............................................................................
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Stationary Source Fuel Combustion ............................................................................................
Waste Disposal, Treatment & Recovery .....................................................................................
Residential Wood Combustion ....................................................................................................
Miscellaneous Area Sources .......................................................................................................
Aircraft ..........................................................................................................................................
Nonroad Gasoline Vehicles .........................................................................................................
Nonroad Diesel Vehicles .............................................................................................................
Railroads ......................................................................................................................................
On-road Vehicles (without safety margin) ...................................................................................
N/A
66,740
84,565
Total (including safety margin) ......................................................................................
445,530
445,530
445,530
Source: District AQMD, Truckee Meadows CO Maintenance Plan, pages 20 and 21.
The baseline inventory estimates that
on-road motor vehicles accounted for
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approximately 75%, residential wood
combustion accounted for
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approximately 7%, and nonroad mobile
sources (including locomotives and
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aircraft) accounted for approximately
17% of the daily (wintertime) CO
emissions within Truckee Meadows in
2002.
The methodologies used by the
District AQMD to prepare the baseline
(2002) CO inventory, as described in the
appendices to the 2002 CO periodic
inventory update SIP submittal (dated
November 4, 2005), are acceptable, and
we find the baseline CO inventory for
Truckee Meadows to be reasonably
comprehensive and accurate.
2. Maintenance Demonstration
A State may generally demonstrate
maintenance of the NAAQS by either
showing that future emissions of a
pollutant or its precursors will not
exceed the level of the attainment
inventory, or by modeling to show that
the future mix of sources and emissions
rates will not cause a violation of the
NAAQS. In either case, to satisfy the
demonstration requirement, the State
should project emissions for at least 10
years beyond redesignation.
Table 1, above, summarizes the
baseline (2002) CO emissions estimates
and future year (2010 and 2016)
projections from the Truckee Meadows
CO Maintenance Plan. The Truckee
Meadows CO Maintenance Plan projects
future year inventories (2010 and 2016)
by adjusting the 2002 baseline inventory
to account for changes in population,
vehicle miles traveled (VMT), and the
underlying composite emissions factors
for such sources as motor vehicles and
nonroad mobile sources (using such
emissions models as MOBILE6 and
NONROAD, consistent with the baseline
(2002) inventory). The population
projections used in developing the
future year emissions projections are
consistent with those that were adopted
by the Truckee Meadows Regional
Planning Commission for use in
developing the Truckee Meadows
Regional Plan. The vehicle activity
assumptions used for the emissions
projections are consistent with those
developed and used by the local
Metropolitan Planning Organization
(MPO), the Regional Transportation
Commission of Washoe County.
The projections for 2010 and 2016
reflect the control measures relied upon
for attainment and maintenance of the
CO NAAQS in Truckee Meadows,
including the Federal Motor Vehicle
Control Program, the District’s
oxygenated gasoline program, the State’s
vehicle I/M program, and the District’s
residential woodburning combustion
program.
Based on the inventory estimates, CO
emissions in Truckee Meadows are
expected to decrease significantly
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between 2002 and 2016, despite a
projected 24% increase in population
and 38% increase in VMT over that
period, primarily due to decreases from
the on-road motor vehicle category
associated with increasingly stringent
EPA exhaust standards for new cars and
trucks and the gradual turnover from
older more polluting, to newer cleaner
burning, vehicles. The District AQMD
has also established safety margins for
years 2010 and 2016 and assigned the
safety margins to the on-road motor
vehicle source category. Based on our
review of the emissions projections, we
find that the methods used to make the
future year projections are acceptable.
Assuming redesignation of Truckee
Meadows for CO early in 2008, the plan
does not quite project emissions for 10
years beyond redesignation, but given
how close the out-year in the
maintenance plan (2016) is to a 10-year
horizon year (2018), the low design
value (4.4 ppm) of Truckee Meadows in
the attainment year (2002), the flat trend
in CO emissions documented by the
maintenance plan (even assuming use of
the safety margin), and the expected
continuation of all of the measures that
brought the area to attainment, we find
that the plan adequately demonstrates
maintenance of the CO NAAQS for the
initial maintenance period (i.e., first 10
years after redesignation).
3. Monitoring Network
Continued ambient monitoring of an
area is required over the maintenance
period. In the Truckee Meadows CO
Maintenance Plan (see page 22 of the
plan), the District AQMD indicates its
intention to continue to operate an air
quality monitoring network consistent
with 40 CFR part 58 to verify the
attainment status. The Truckee
Meadows CO Maintenance Plan also
states that, in addition, Washoe
County’s CO monitoring network will be
reviewed annually pursuant to 40 CFR
58.20(d) to ensure the network meets
the monitoring objectives defined in 40
CFR part 58, appendix D.
4. Verification of Continued Attainment
The District AQMD and NDEP have
the legal authority to implement and
enforce the requirements of the Truckee
Meadows CO Maintenance Plan. This
includes the authority to adopt,
implement and enforce any emission
control contingency measures
determined to be necessary to correct
CO NAAQS violations. As noted above,
to implement the Truckee Meadows CO
Maintenance Plan, the District AQMD
will continue to monitor CO levels in
Truckee Meadows. To track progress on
the plan, the District AQMD has also
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committed to continue preparing (and
submitting to EPA) CO emission
inventory updates on a triennial
schedule (see page 23 of the Truckee
Meadows CO Maintenance Plan). The
District AQMD also intends to continue
residential wood combustion surveys on
a triennial basis to monitor changes in
the types and number of woodburning
devices operating, and the amount of
wood being burned, in Truckee
Meadows and thereby maintain up-todate information on this important CO
source category.
5. Contingency Plan
Section 175A(d) of the Act requires
that maintenance plans include
contingency provisions, as necessary, to
promptly correct any violations of the
NAAQS that occur after redesignation of
the area. Under section 175A(d),
contingency measures identified in the
contingency plan do not have to be fully
adopted at the time of redesignation.
However, the contingency plan is
considered to be an enforceable part of
the SIP and should ensure that the
contingency measures are adopted
expeditiously once they are triggered by
a specified event. The maintenance plan
should clearly identify the measures to
be adopted, a schedule and procedure
for adoption and implementation, and a
specific timeline for action by the State.
As a necessary part of the plan, the State
should also identify specific indicators
or triggers, which will be used to
determine when the contingency
measures need to be implemented.
The Truckee Meadows CO
Maintenance Plan includes a
contingency plan consisting of two tiers.
As background to the first tier, we note
that, under the District’s emergency
episode plan, now codified as District
rule 050.001, an exceedance of the 8hour CO NAAQS (i.e. a value exceeding
9 ppm (eight-hour average), which
means an actual recording of 9.5 ppm or
greater due to rounding conventions) at
any of the monitors located in the
Truckee Meadows area triggers a Stage
1 (Alert) Episode. Stage 1 (Alert)
Episode actions include cessation of
open burning and use of incinerators
that are subject to District AQMD
operating permits, and a request to the
public to curtail unnecessary motor
vehicle use through the District’s public
outreach program. Under certain
conditions, Stage 1 (Alert) Episode
actions may also include the suspension
of the burning of any solid fuel in
commercial or residential stoves and/or
fireplaces unless such fuels supply the
only heat available to the person
burning it. We approved the current
version of the District’s emergency
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episode plan on June 18, 2007 (72 FR
33397).
Under tier 1 of the contingency plan,
the District would initiate a rulemaking
process to redefine the CO stage 1 (alert)
episode level from 9 ppm to 9.0 ppm.
This will have the effect of triggering the
actions cited above at pre-exceedance
levels due to the convention of rounding
all values from 9.1 ppm through 9.4
ppm down to 9 ppm. In other words,
under tier 1, the Stage 1 (Alert) Episode
criteria level for CO will be reduced, as
a practical matter, from 9.5 ppm to 9.0
ppm. The plan indicates that the District
will adopt and implement this
regulatory change before the next CO
season following the triggering event.
Tier 2 will be triggered by a violation
of the CO NAAQS (i.e., a second nonoverlapping exceedance of the 8-hour
CO NAAQS in the same calendar year
from any National Ambient Monitoring
Station (NAMS), State and Local
Monitoring Stations (SLAMS), or
Special Purpose Monitoring (SPM) site
operated within Washoe County). If
triggered, under tier 2 of the
contingency plan, the District AQMD
will bring to the District Board of Health
(within 45 days of the tier 2 triggering
event) a recommendation for regulatory
action, including a timeline for adoption
and implementation. The contingency
plan contains the current list of
potential CO contingency measures,
including an increase in the oxygen
content requirement under the District’s
wintertime oxygenated gasoline rule,
and a request to the State Environmental
Commission to revise certain provisions
of the vehicle I/M program to achieve
additional CO emissions reductions in
Truckee Meadows. The District AQMD
intends to update this list of potential
measures on a triennial basis.
EPA finds that the contingency plan
provided in the maintenance plan is
adequate to ensure prompt correction of
a violation and thereby complies with
section 175A(d) of the Act.
6. Subsequent Maintenance Plan
Revisions
Section 175A(b) of the CAA requires
States to submit a subsequent
maintenance plan revision eight years
after the original redesignation request
and maintenance plan have been
approved by EPA. The subsequent
revision is to provide for maintenance of
the air quality standard for an additional
10 years following the initial ten-year
maintenance period. Through adoption
of the Truckee Meadows CO
Maintenance Plan, the District has
committed (see page 16 of the Truckee
Meadows CO Maintenance Plan) to
prepare, adopt and submit a revised CO
maintenance plan eight years after
redesignation to attainment.
7. Motor Vehicle Emissions Budgets
A maintenance plan must contain
motor vehicle emissions budgets
(MVEBs) that, in conjunction with all
other sources, are consistent with
maintenance of the applicable NAAQS.
In this case, an MVEB represents the
total allowable CO emissions allocated
to highway and transit vehicle use
during the maintenance period. The
rules and requirements governing
transportation conformity (codified at
40 CFR part 93, subpart A) require
certain transportation activities to be
consistent with the MVEBs contained in
control strategy or maintenance SIPs (40
CFR 93.118). The projected emissions
resulting from the transportation
activities must be less than or equal to
the emissions budget levels (40 CFR
93.118(a)).
The MVEBs for years 2010 and 2016
that are contained in the Truckee
Meadows CO Maintenance Plan were
developed using emission factors
generated using EPA’s MOBILE6 model
but also include a safety margin equal
to the difference between the projected
level of overall CO emissions in Truckee
Meadows in those years and the actual
CO emissions that were estimated for
the baseline year (2002). Safety margins
are allowed under our transportation
conformity rule so long as such margins
are explicitly quantified in the
applicable plan and are shown to be
consistent with attainment or
maintenance of the NAAQS (whichever
is relevant to the particular plan). See 40
CFR 93.124(a). In this instance, the
safety margin has been explicitly
quantified and shown to be consistent
with continued maintenance of the CO
NAAQS in Truckee Meadows through
the applicable maintenance period. See
section IX.E.2 of this document.
We found the MVEBs in the Truckee
Meadows CO Maintenance Plan
adequate in a letter to Leo M. Drozdoff,
P.E., Administrator, NDEP, dated
February 14, 2006. See 71 FR 13386
(March 15, 2006). The adequacy finding
on the maintenance plan budgets was
effective as of March 30, 2006.
Our adequacy finding is a preliminary
determination that MVEBs are
consistent with the purposes of the
submitted plan (in this case, a
maintenance plan) and does not
constitute an approval action, and in
today’s action, EPA is taking the next
step by proposing to approve the
MVEBs in the Truckee Meadows CO
Maintenance Plan for transportation
conformity purposes. EPA believes that
the MVEBs are consistent with the
control measures identified in the SIP,
and that the SIP as a whole
demonstrates maintenance with the CO
NAAAQS. The 2010 and 2016 motor
vehicle emissions budgets included in
the Truckee Meadows Truckee
Meadows CO Maintenance Plan are
shown in Table 2 below.
TABLE 2.—ON-ROAD MOTOR VEHICLE CARBON MONOXIDE EMISSIONS BUDGETS, TRUCKEE MEADOWS, 2010 AND 2016
[Pounds per typical CO season day]
2010
On-Road Motor Vehicle Emissions Budgets .......................................................................................................................
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8. Conclusion
Based on the review presented above
of the various elements of the submitted
plan, we propose to approve the
Truckee Meadows CO Maintenance Plan
as a revision to the Truckee Meadows
portion of the Nevada SIP. In so doing,
we find that the Truckee Meadows CO
Maintenance Plan, adopted on
September 22, 2005 by the Washoe
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County District Board of Health and
submitted by NDEP to EPA on
November 4, 2005, satisfies the
requirements of section 175A of the Act.
Our final approval of the Truckee
Meadows CO Maintenance Plan would
satisfy the criterion for redesignation
under CAA section 107(d)(3)(E)(iv).
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2016
330,678
321,319
X. Proposed Action and Request for
Comment
For the reasons given above, we are
proposing to approve, under section
110(k)(3) and part D (of title I) of the
Act, certain submittals by NDEP of
revisions to the Nevada SIP that are
required to provide for attainment of the
CO NAAQS in the Truckee Meadows
‘‘moderate’’ CO nonattainment area, to
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approve a maintenance plan under
section 110(k)(3) and 175A of the Act,
and to approve, under section 107(d)(3)
of the Act, NDEP’s request to
redesignate Truckee Meadows to
attainment for the CO NAAQS.
First, we are proposing to approve the
local oxygenated gasoline regulation
(Rule 040.095 of the Washoe County
District Board of Health Regulations
Governing Air Quality Management, as
amended on September 22, 2005) as
fulfilling the requirements of section
211(m) of the CAA.
Second, we are proposing to approve
the State of Nevada’s SIP revisions
containing the ‘‘basic’’ vehicle I/M
program for Truckee Meadows because
we find that the program meets all
applicable requirements under CAA
section 187(a)(4) and EPA regulations.
Specifically, we are proposing to
approve three I/M-related SIP revisions
submitted by NDEP:
(i) State Implementation Plan for a
Basic Program for the Inspection and
Maintenance of Motor Vehicles for the
Truckee Meadows Planning Area,
Nevada (June 1994), submitted on June
3, 1994; we are excluding the following
outdated or superseded elements
included in the June 3, 1994 SIP
revision: the statutory provisions and
rules, the exhaust gas analyzer
specifications, and a contingency
measure adopted by the Washoe County
District Board of Health;
(ii) Basic I/M Performance Standard
Evaluation for motor vehicles in the
Truck Meadows planning area,
submitted on November 2, 2006; and
(iii) Current Nevada I/M statutory
provisions and rules and updated
exhaust gas analyzer (NV2000)
specifications, submitted by NDEP on
May 11, 2007. The submitted Nevada
I/M statutory provisions and regulations
that are proposed for approval are as
follows:
• Nevada Revised Statutes (2005),
chapter 365: section 365.060; chapter
366, section 366.060; chapter 445B,
sections 445B.210, 445B.700–845
(excluding NRS 445B.776, 445B.777,
and 445B.778); chapter 481, sections
481.019–481.087; chapter 482, sections
482.029, 482.155–482.290, 482.385,
482.461, and 482.565; and chapter 484,
sections 484.101, 484.644 and 484.6441;
• Nevada Administrative Code,
chapter 445B (January 2007 revision by
the Legislative Counsel Bureau),
sections 445B.400 to 445B.735,
excluding subsection (2) of section
445B.595.
The May 11, 2007 SIP revision
submittal is a comprehensive update of
the statutory and regulatory portion of
Nevada’s mobile source SIP (excluding
VerDate Aug<31>2005
18:51 Jan 04, 2008
Jkt 214001
the rules establishing fuels
specifications, alternative fuels
programs for government vehicles, and
any local rules related to mobile
sources) and is an update of the exhaust
gas analyzer specifications as approved
in 2004 for the State’s I/M program in
Las Vegas and Boulder City.
In connection with the approval of the
State’s I/M program, we are taking no
action on submitted rule NAC
445B.595(2), which extends the State’s
I/M requirements to motor vehicles
operated on Federal installations
located within I/M areas because the
Federal government has not waived
sovereign immunity in the context of
vehicle I/M programs. Furthermore, we
are proposing, under CAA section
110(k)(6), to rescind our previous, and
erroneous, approval of NAC 445B.595(2)
into the Nevada SIP in 2004, also on the
grounds of sovereign immunity.
Third, under section 107(d)(3), we are
proposing to approve NDEP’s request
(dated November 4, 2005) to redesignate
the Truckee Meadows CO
nonattainment area to attainment. In so
doing, we find that:
• The Truckee Meadows
nonattainment area has attained the CO
NAAQS;
• EPA has fully approved the
applicable SIP for this area under
section 110(k) of the CAA;
• The improvement in ambient CO
conditions in Truckee Meadows is due
to permanent and enforceable
reductions in emissions resulting from
implementation of the applicable SIP
and applicable Federal air pollutant
control regulations and other permanent
and enforceable reductions;
• The State has met all requirements
applicable to Truckee Meadows under
section 110 and part D (of title I) of the
CAA; 15 and
• The State has submitted a
maintenance plan, the Redesignation
Request and Maintenance Plan for the
Truckee Meadows Carbon Monoxide
Non-Attainment Area (September 2005)
(‘‘Truckee Meadows CO Maintenance
Plan’’), adopted by the Washoe County
District Board of Health on September
22, 2005, and submitted by NDEP to
EPA on November 4, 2005, for which we
are proposing approval as a revision to
the Truckee Meadows portion of the
Nevada SIP.
15 With respect to this criterion, we will not
finalize this proposed redesignation until we have
finalized proposed approvals of the District’s
wintertime oxygenated gasoline rule and the State’s
basic I/M program, both of which are addressed
herein. Also, we find that we need not fully
approve either the District’s nonattainment new
source review rules or conformity rules as a precondition to redesignation of Truckee Meadows to
attainment for the CO NAAQS.
PO 00000
Frm 00079
Fmt 4702
Sfmt 4702
In connection with the Truckee
Meadows CO Maintenance Plan, we
find the following plan elements to be
acceptable:
• Baseline (2002) emissions inventory
and future year (2010 and 2016)
inventory projections;
• Commitment to continue operating
an appropriate ambient CO monitoring
network;
• Commitment to verify continued
attainment through ambient monitoring
and the preparation and submittal of
periodic inventory updates and surveys
of residential woodburning;
• Contingency provisions under CAA
section 175A(d), specifically, the
adopted two-tier approach with specific
triggering events and regulatory
responses: the first involving a lowering
of the stage 1 (alert) episode level (tier
1) by the next CO season and the second
involving a recommendation and
timetable for action by the Washoe
County District Board of Health or the
State Environmental Commission to
tighten certain requirements, potentially
including a higher wintertime gasoline
oxygen content or higher waiver
amounts in the State’s vehicle I/M
program, to promptly correct any
violation of the CO NAAQS after
redesignation;
• Commitment to prepare and submit
a subsequent CO maintenance plan for
the Truckee Meadows area eight years
after redesignation; and
• CO motor vehicle emissions
budgets (in terms of pounds per typical
CO season day) of 330,678 pounds per
typical CO season day in year 2010 and
321,319 pounds per typical CO season
day in year 2016.
We are soliciting comments on all
aspects of this proposed SIP and
redesignation rulemaking action. We
will consider your comments in
deciding our final action if your
comments are received by February 6,
2008.
XI. 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 proposed
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 approve state
plan revisions as meeting Federal
requirements and redesignate an area to
attainment for air quality planning
purposes and imposes no additional
requirements beyond those imposed by
E:\FR\FM\07JAP1.SGM
07JAP1
jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 4 / Monday, January 7, 2008 / Proposed Rules
state law. 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 rule proposes to
approve 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 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
proposed 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 approve state plan revisions
implementing a Federal standard and to
redesignate an area to attainment for air
quality planning purposes 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 as defined in Executive
Order 12866, and because the Agency
does not have reason to believe the
environmental health or safety risks
addressed by this rule present a
disproportionate risk to children.
In reviewing SIP submissions and
redesignation requests, 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 or
redesignation request for failure to use
VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews
a SIP submission or redesignation
request, to use VCS in place of a SIP
submission that otherwise satisfies the
VerDate Aug<31>2005
18:51 Jan 04, 2008
Jkt 214001
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 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.).
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Authority: 42 U.S.C. 7401, et seq.
Dated: December 26, 2007.
Jane Diamond,
Acting Regional Administrator, Region IX.
[FR Doc. E7–25636 Filed 1–4–08; 8:45 am]
BILLING CODE 6560–50–P
1195
Comments for this proceeding
are due on or before February 6, 2008;
reply comments are due on or before
March 7, 2008.
DATES:
You may submit comments,
identified by MB Docket No. 07–51, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Federal Communications
Commission’s Web Site: https://
www.fcc.gov/cgb/ecfs/. Follow the
instructions for submitting comments.
• People With Disabilities: Contact
the FCC to request reasonable
accommodations (accessible format
documents, sign language interpreters,
CART, etc.) by e-mail: FCC504@fcc.gov
or phone: 202–418–0530 or TTY: 202–
418–0432.
For detailed instructions for
submitting comments and additional
information on the rulemaking process,
see the SUPPLEMENTARY INFORMATION
section of this document
ADDRESSES:
For
additional information on this
proceeding, please contact John W.
Berresford, (202) 418–1886, or Holly
Saurer, (202) 418–7283, both of the
Policy Division, Media Bureau.
FOR FURTHER INFORMATION CONTACT:
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 76
[MB Docket No. 07–51; FCC 07–189]
Exclusive Service Contracts for
Provision of Video Services in Multiple
Dwelling Units and Other Real Estate
Developments
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
The Further Notice of
Proposed Rulemaking (‘‘Notice’’) solicits
comment on whether providers of Direct
Broadcast Satellite (‘‘DBS’’) service and
Private Cable Operators (‘‘PCOs’’)
should be allowed to have exclusive
access to so-called Multiple Dwelling
Units (‘‘MDUs,’’ such as apartment and
condominium buildings). Also, the
Notice considers prohibiting all
providers of video programming service
from using exclusive marketing
arrangements (which allow one MVPD
to be the preferred video provider in an
MDU) and bulk billing arrangements
(which require MDU dwellers to pay for
a video provider in their rental or
condominium fees). The intended effect
of the Notice is to determine whether
each of these practices benefits or harms
video consumers in MDUs on the
whole.
SUMMARY:
PO 00000
Frm 00080
Fmt 4702
Sfmt 4702
This is a
summary of the Federal
Communications Commission’s Further
Notice of Proposed Rulemaking in MB
Docket No. 07–51, FCC 07–189, adopted
October 31, 2007, and released
November 13, 2007. The full text of this
document is available for public
inspection and copying during regular
business hours in the FCC Reference
Center, Federal Communications
Commission, 445 12th Street, SW., CY–
A257, Washington, DC 20554. These
documents will also be available via
ECFS (https://www.fcc.gov/cgb/ecfs/).
(Documents will be available
electronically in ASCII, Word 97, and/
or Adobe Acrobat.) The complete text
may be purchased from the
Commission’s copy contractor, 445 12th
Street, SW., Room CY–B402,
Washington, DC 20554. To request this
document in accessible formats
(computer diskettes, large print, audio
recording, and Braille), send an e-mail
to fcc504@fcc.gov or call the
Commission’s Consumer and
Governmental Affairs Bureau at (202)
418–0530 (voice), (202) 418–0432
(TTY).
SUPPLEMENTARY INFORMATION:
E:\FR\FM\07JAP1.SGM
07JAP1
Agencies
[Federal Register Volume 73, Number 4 (Monday, January 7, 2008)]
[Proposed Rules]
[Pages 1175-1195]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25636]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2007-0561; FRL-8513-6]
Approval and Promulgation of Implementation Plans and Designation
of Areas for Air Quality Planning Purposes; Nevada; Wintertime
Oxygenated Gasoline Rule; Vehicle Inspection and Maintenance Program;
Redesignation of Truckee Meadows to Attainment for the Carbon Monoxide
Standard
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve certain submittals by the State of
Nevada of revisions to the Nevada state implementation plan that are
intended to provide for attainment and maintenance of the carbon
monoxide national ambient air quality standard in the Truckee Meadows
nonattainment area located within Washoe County, Nevada. These
revisions include a local wintertime oxygenated gasoline rule, a
``basic'' vehicle inspection and maintenance program (including a
performance standard evaluation), current statutory provisions and
State rules governing mobile sources, a maintenance plan and related
motor vehicle emissions budgets. EPA is also proposing to approve
Nevada's request to redesignate the Truckee Meadows carbon monoxide
nonattainment area to attainment. Lastly, EPA is proposing to rescind a
provision previously approved in error related to inspection and
maintenance of vehicles operated on Federal installations. EPA proposes
these actions pursuant to those provisions of the Clean Air Act that
obligate the Agency to take action on submittals of revisions to state
implementation plans and requests for redesignation. This proposed
action is intended to make certain State and local measures and
commitments related to attainment and maintenance of the carbon
monoxide standard in Truckee Meadows federally enforceable as part of
the Nevada state implementation plan.
DATE: Any comments on this proposal must arrive by February 6, 2008.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0561, by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: kaplan.eleanor@epa.gov.
3. Mail or deliver: Eleanor Kaplan (AIR-2), U.S. Environmental
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA
94105-3901.
Instructions: Direct your comments to Docket ID No. EPA-R09-OAR-
2007-0561. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://
www.regulations.gov or e-mail. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means that EPA will not know
your identity or contact information unless you provide it in the body
of your comment. If you send e-mail directly to EPA, without going
through https://www.regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of the comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://
www.regulations.gov index. 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 form. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at the
Office of Air Planning, Environmental Protection Agency (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.
[[Page 1176]]
FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, EPA Region IX, (415)
947-4147, kaplan.eleanor@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,''
``us,'' and ``our'' refer to EPA. This supplementary information is
organized as follows:
Table of Contents
I. Summary of Today's Proposed Action
II. Nature, Sources, and Health Effects of Carbon Monoxide
III. Introduction to Truckee Meadows, Washoe County, Nevada
IV. History of Carbon Monoxide Planning in Truckee Meadows
V. Nevada's Procedures for Adoption of these SIP Revisions
VI. Washoe County's Wintertime Oxygenated Fuel Requirements
VII. Nevada's Motor Vehicle Inspection and Maintenance (I/M) Program
in Truckee Meadows
A. Background Information
B. Evaluation of the State's I/M Program in Truckee Meadows
VIII. Clean Air Act Requirements for Redesignation to Attainment
IX. Evaluation of the State's Redesignation Request for Truckee
Meadows
A. The Area Must Have Attained the Applicable NAAQS.
B. The Area Must Have a Fully Approved SIP Under Section 110(k)
of the CAA.
C. The Area Must Show the Improvement in Air Quality Is Due to
Permanent and Enforceable Emissions Reductions.
D. The Area Must Have Met All Applicable Requirements Under
Section 110 and Part D.
1. Section 110 Requirements
2. Part D Requirements
E. The Area Must Have a Fully Approved Maintenance Plan Under
CAA Section 175A.
1. Attainment Inventory
2. Maintenance Demonstration
3. Monitoring Network
4. Verification of Continued Attainment
5. Contingency Plan
6. Subsequent Maintenance Plan Revisions
7. Motor Vehicle Emissions Budgets
8. Conclusion
X. Proposed Action and Request for Comment
XI. Administrative Requirements
I. Summary of Today's Proposed Action
Under section 110(k)(3) of the Clean Air Act, as amended in 1990
(CAA or ``Act''), EPA is proposing to approve certain submittals of
revisions to the Nevada state implementation plan (SIP) by the Nevada
Division of Environmental Protection (NDEP). These revisions are
intended to provide for attainment and maintenance of the carbon
monoxide (CO) national ambient air quality standards (NAAQS) in the
Truckee Meadows nonattainment area located within Washoe County,
Nevada. The specific SIP revision submittals that we are proposing to
approve are listed in the following table:
------------------------------------------------------------------------
State of Nevada
Plan, plan element or rule Adoption date(s) submittal date(s)
------------------------------------------------------------------------
Washoe County District Board of Originally adopted Submitted on Apr.
Health Regulations Governing on Dec. 21, 1988 14, 1991;
Air Quality Management, section and amended on resubmitted as
040.095 (``Oxygen content of Apr. 18, 1990; amended on Nov.
motor vehicle fuel''). amended on Sept. 13, 1992; re-
23, 1992; amended submitted as
on Sept. 22, 2005. amended on Nov.
4, 2005.
State Implementation Plan for a Regulations June 3, 1994.
Basic Program for the adopted at
Inspection and Maintenance of various times by
Motor Vehicles for the Truckee the State
Meadows Planning Area, Nevada Environmental
(June 1994). Commission and
Department of
Motor Vehicles
but superseded by
SIP revision
submittal dated
May 11, 2007, as
listed below.
Basic I/M Performance Standard Sept. 28, 2006.... Nov. 2, 2006.
Evaluation.
Nevada Mobile Source SIP, Update Regulations May 11, 2007.
of the Regulatory Element (May adopted at
11, 2007). various times by
State
Environmental
Commission and
Department of
Motor Vehicles.
Redesignation Request and Sept. 22, 2005.... Nov. 4, 2005.
Maintenance Plan for the
Truckee Meadows Carbon Monoxide
Non-Attainment Area (September
2005).
------------------------------------------------------------------------
Specifically, we are proposing to approve NDEP's SIP revision
submittal dated November 4, 2005 of the wintertime oxygenated gasoline
rule as amended on September 22, 2005 by the Washoe County District
Board of Health (``District'') and codified as District Regulations
Governing Air Quality Management section 040.095 (``District rule
040.095''). We are also proposing to approve the SIP revision submittal
dated June 3, 1994 of the State Implementation Plan for a Basic Program
for the Inspection and Maintenance of Motor Vehicles for the Truckee
Meadows Planning Area, Nevada (June 1994) (``Basic I/M SIP''). In
connection with the basic vehicle inspection and maintenance (I/M)
program in Truckee Meadows, we are proposing to approve two subsequent
SIP revision submittals: A ``basic'' I/M performance standard
evaluation (``Basic I/M Performance Standard Evaluation'') submitted on
November 2, 2006 and the Nevada Mobile Source SIP, Update of the
Regulatory Element (May 11, 2007) (``Mobile Source SIP Update'')
submitted on May 11, 2007. NDEP's Mobile Source SIP Update contains
current I/M-related statutory provisions, regulations, and updated
exhaust gas analyzer specifications.\1\ In so doing, we find that the
above submittals fulfill the applicable requirements under section 110
and part D (of title I) of the Act.
---------------------------------------------------------------------------
\1\ The statutory provisions and rules submitted by NDEP on May
11, 2007 represent a comprehensive update to the regulatory portion
of the State's mobile source SIP (excluding the rules establishing
fuels specifications, alternative fuels programs for government
vehicles, and local rules related to mobile sources), including the
regulatory portion of the State's Truckee Meadows I/M SIP, which was
last approved in 1984 (49 FR 44208, November 5, 1984), and the
regulatory portion of the State's Las Vegas Valley I/M SIP, which
was last approved in 2004 (69 FR 56351, September 21, 2004). The
current submitted versions of the I/M-related statutory provisions
and rules are not significantly different than the corresponding
versions of the statutory provisions and rules approved in 2004 for
the State's Las Vegas I/M program, and are consistent with the
underlying assumptions used to develop the Las Vegas Valley 2005 CO
Plan, which was approved by EPA on August 7, 2006 (71 FR 44587).
---------------------------------------------------------------------------
In connection with our proposed approval of the State's Basic I/M
SIP, as supplemented and amended in submittals dated November 2, 2006
and May 11, 2007, we are taking no action on submitted rule NAC
445B.595(2), which extends the State's I/M requirements to motor
vehicles operated on Federal installations located within I/M areas
because the Federal government has not waived sovereign immunity in the
context of vehicle I/M programs. Furthermore, we are proposing, under
CAA section 110(k)(6), to rescind our previous, and erroneous, approval
of NAC 445B.595(2) into the Nevada SIP in 2004, also on the grounds of
sovereign immunity.
Lastly, we are proposing to approve NDEP's SIP revision submittal
(dated November 4, 2005) of the Redesignation
[[Page 1177]]
Request and Maintenance Plan for the Truckee Meadows Carbon Monoxide
Non-Attainment Area (September 2005) (``Truckee Meadows CO Maintenance
Plan''), adopted by the District on September 22, 2005, and to approve
NDEP's request for redesignation of the Truckee Meadows CO
nonattainment area to attainment. In connection with our proposed
approval of the Truckee Meadows CO Maintenance Plan, we are approving
certain commitments by the District, contingency provisions, and CO
motor vehicle emissions budgets for years 2010 and 2016 for the
purposes of transportation conformity. In so doing, we find that the
Truckee Meadows CO Maintenance Plan meets the requirements for
maintenance plans under section 175A of the Act. In connection with our
proposed approval of NDEP's redesignation request, we find that the
State has fulfilled the criteria for redesignation of the Truckee
Meadows CO nonattainment area from nonattainment to attainment as set
forth in section 107(d)(3)(E).\2\
---------------------------------------------------------------------------
\2\ The Truckee Meadows CO Maintenance Plan relies upon three
principal State or local control measures: The District's wintertime
oxygenated gasoline rule, the State's vehicle inspection and
maintenance (I/M) program, and the District's residential wood
combustion rule. We are proposing to approve the first and second of
the three measures in this document. We approved the third measure
(the residential wood combustion rule) in a separate document
earlier this year. See 72 FR 33397 (June 18, 2007). We will not
finalize the proposed approval of the redesignation request until we
take final action approving the oxygenated gasoline rule and the I/M
program. Also, for reasons set forth in this document, we find that
we need not fully approve either the County's nonattainment new
source review rules or the County's transportation conformity rules
as a pre-condition to redesignation of Truckee Meadows to attainment
for the CO NAAQS.
---------------------------------------------------------------------------
II. Nature, Sources, and Health Effects of Carbon Monoxide
Carbon monoxide (CO) is a colorless and odorless gas, formed when
carbon in fuel is not burned completely. It is a component of motor
vehicle exhaust, which contributes about 60 percent of all CO emissions
nationwide. Nonroad vehicles account for the remaining CO emissions
from transportation sources. High concentrations of CO generally occur
in areas with heavy traffic congestion. Peak CO concentrations
typically occur during the colder months of the year when CO automotive
emissions are greater and nighttime inversion conditions (where air
pollutants are trapped near the ground beneath a layer of warm air) are
more frequent.
CO enters the bloodstream through the lungs and reduces oxygen
delivery to the body's organs and tissues. The health threat from
levels of CO sometimes found in the ambient air is most serious for
those who suffer from cardiovascular disease, such as angina pectoris.
At much higher levels of exposure not commonly found in ambient air, CO
can be poisonous, and even healthy individuals may be affected. Visual
impairment, reduced work capacity, reduced manual dexterity, poor
learning ability, and difficulty in performing complex tasks are all
associated with exposure to elevated CO levels.
III. Introduction to Truckee Meadows, Washoe County, Nevada
Truckee Meadows lies in the far southern portion of Washoe County.
Washoe County lies in the northwestern portion of the State of Nevada
and is bordered by the State of California to the west and the State of
Oregon to the north. Within the State of Nevada, the counties of
Humboldt, Pershing, Churchill, Lyon, and Storey and the city of Carson
City bound Washoe County to the east and south. Located at an average
elevation of 4,500 feet above sea level, Truckee Meadows lies in the
rain shadow of the Sierra Nevada mountain range located to the west.
The boundaries of Truckee Meadows are defined as equal to the State's
hydrographic area 87, and encompass a land area of
approximately 200 square miles. It is surrounded by mountain ranges,
which can lead to persistent wintertime temperature inversions where a
layer of cold air is trapped in the valley. Warmer air above the
inversion acts as a lid, containing and concentrating air pollutants
emitted at ground-level.
Truckee Meadows has experienced rapid growth in population, with an
increase in population from approximately 138,000 in 1977 to
approximately 359,000 in 2002, an increase of 160 percent over that 25-
year period. The two major cities are Reno and Sparks.
Air quality planning and monitoring in Truckee Meadows is the
responsibility of the District, which administers air quality programs
in Washoe County through the District Health Department's Air Quality
Management Division (``District AQMD''). The State Environmental
Commission and the Nevada Department of Motor Vehicles are responsible
for the motor vehicle I/M program in Truckee Meadows.
IV. History of Carbon Monoxide Planning in Truckee Meadows
On April 30, 1971 (36 FR 8186), pursuant to section 109 of the
Clean Air Act, as amended in 1970, EPA promulgated NAAQS for six
criteria pollutants, including CO. EPA set the NAAQS for CO at 35 parts
per million (ppm), one-hour average, and 9 ppm, eight-hour average. The
CO NAAQS remain the same today.
Under section 110 of the Clean Air Amendments of 1970, States were
required to adopt and submit plans that provide for implementation,
maintenance, and enforcement of the NAAQS. These original plans,
generally submitted and approved in the early 1970's, are referred to
as state implementation plans (SIPs). Incremental changes to SIPs that
a State submits, such as new or amended rules, attainment plans, and
maintenance plans, are referred to as ``SIP revisions.''
Generally, SIPs were to provide for attainment of the NAAQS within
three years of EPA approval of the plan. However, many parts 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 (43 FR 8962), under paragraph 107(d)(2) of the Act as amended in
1977, EPA promulgated attainment status designations for all States.
EPA designated Truckee Meadows (with boundaries defined by reference to
State hydrographic area 87) as a nonattainment area for the CO
NAAQS. See 43 FR 8962, at 9013 (March 3, 1978).
The Act, as amended in 1977, required States to revise their SIPs
by January 1979 for all designated nonattainment areas. The CO
attainment plan for Truckee Meadows that was developed in the late
1970's and early 1980's relied upon implementation of such control
measures as a vehicle inspection and maintenance (I/M) program, road
improvements, traffic controls, and areawide ride-sharing programs to
attain the CO NAAQS by the statutory deadline of 1982. In 1981, we
approved most of the elements of the CO plan for Truckee Meadows and
conditionally approved other elements. See 46 FR 21758 (April 14,
1981). In 1982, we revoked the remaining conditions resulting in full
approval of the CO plan. See 47 FR 15790 (April 13, 1982).
Truckee Meadows did not attain the CO NAAQS by the 1982 attainment
deadline, and thus, the District revised the CO attainment plan and
requested an extension in the attainment date to 1987. In 1984, we
approved parts of the revised CO attainment plan but deferred action on
certain other parts based on our conclusion that the emissions
reduction credit taken in the revised CO
[[Page 1178]]
plan for one of the principal control measures relied upon to show
attainment, residential wood burning control, was not sufficiently
documented. See 49 FR 31683 (August 8, 1984).
Like many other areas of the country, Truckee Meadows did not
attain the CO NAAQS by the 1987 attainment date and remained
nonattainment at the time of the 1990 Clean Air Act Amendments. Under
section 107(d)(1)(C) of the 1990 Amended Act, the CO nonattainment
designation in Truckee Meadows was brought forward by operation of law.
Based on a design value of 9.8 ppm (eight-hour average), we further
classified Truckee Meadows as a ``moderate'' CO nonattainment area for
the CO NAAQS with an attainment date of (no later than) December 31,
1995. See 56 FR 56694, at 56798 (November 6, 1991) and CAA section
186(a)(1). A review of the data collected in 1994 and 1995 provided EPA
with the basis to determine that Truckee Meadows in fact attained the
CO NAAQS by the 1995 attainment date. See 70 FR 22803 (May 3, 2005).
In addition to extending the deadline for attainment of the CO
NAAQS, the Act, as amended in 1990, also established new requirements
for CO nonattainment areas that vary depending upon the severity of the
problem. The additional requirements for ``moderate'' CO nonattainment
areas are set forth in sections 172, 176, 187, and 211 of the Act, and
include such elements as updated and periodic emission inventories,
upgraded vehicle I/M programs, conformity requirements, and wintertime
oxygenated gasoline requirements. To address these requirements, the
District AQMD developed new plans and adopted new or amended rules, the
State revised the vehicle I/M program, and NDEP submitted the plans,
rules and revised vehicle I/M program to EPA as revisions to the
Truckee Meadows portion of the Nevada SIP. In today's action, we are
proposing to approve a number of elements contained in these
submittals, including the wintertime oxygenated gasoline rule and an
upgraded vehicle I/M program. In a separate action, we approved the
District's residential wood combustion rule. See 72 FR 33397 (June 18,
2007).
Section 107(d)(3)(D) of the Act allows a State to request
redesignation of an air quality planning area. On November 4, 2005,
NDEP submitted such a request for the Truckee Meadows CO nonattainment
area and submitted the Truckee Meadows CO Maintenance Plan to EPA for
approval as a revision to the Nevada SIP. The purpose of the Truckee
Meadows CO Maintenance Plan is to provide for maintenance of the CO
NAAQS in the Truckee Meadows area for ten years following
redesignation. In this action, we are proposing to approve the Truckee
Meadows CO Maintenance Plan and proposing to approve the request for
redesignation of Truckee Meadows from nonattainment to attainment for
the CO NAAQS.
V. Nevada's Procedures for Adoption of These SIP Revisions
Section 110(l) of the Act requires States to provide reasonable
notice and public hearing prior to adoption of SIP revisions. In this
action, we are proposing to approve the following SIP revisions: the
wintertime oxygenated gasoline rule (District rule 040.095), submitted
on November 4, 2005; the Basic I/M SIP submitted on June 3, 1994, the
Basic I/M Performance Standard Evaluation submitted on November 2,
2006, and current I/M-related statutory provisions and regulations and
updated exhaust gas analyzer specifications submitted on May 11, 2007;
and the Truckee Meadows CO Maintenance Plan submitted on November 4,
2005.
Each of the SIP revision submittals cited above contains evidence
that reasonable notice of a public hearing was provided to the public
(via newspaper advertisement) and that a public hearing was conducted
prior to adoption by the District.\3\ Following adoption, the District
forwarded these SIP revisions to NDEP, the Governor of Nevada's
designee for submitting SIP revisions and redesignation requests to
EPA, and NDEP then submitted the SIP revisions to EPA for approval. We
find that each of the SIP revisions cited above satisfies the
procedural requirements of section 110(l) of the Act for revising SIPs.
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\3\ In the case of the Basic I/M SIP and the May 11, 2007 SIP
submittal of current I/M statutory provisions and regulations, NDEP
provided evidence of reasonable notice and public hearing for the
various recent amendments to the I/M regulations. The submittal of
the current I/M-related statutory provisions and regulations
supersede the corresponding provisions and regulations submitted in
1994 as part of the Basic I/M SIP.
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VI. Washoe County's Wintertime Oxygenated Fuel Requirements
Under section 211(m) of the Act, as amended in 1990, States with CO
nonattainment areas with design values of 9.5 ppm or greater (eight-
hour average) are required to submit an oxygenated gasoline program as
a SIP revision. The design value for Truckee Meadows based on data
collected during 1988-1989 (and recorded in EPA's Air Quality System
database) was 9.8 ppm, eight-hour average, and thus, the State of
Nevada is required to submit an oxygenated gasoline program for the
Truckee Meadows area as a SIP revision.
Section 211(m) of the 1990 Amended Act also specifies the minimum
geographic extent for such an oxygenated gasoline program (larger of
the Consolidated Metropolitan Statistical Area (CMSA) or MSA if the
area is not in a CMSA), the minimum oxygen content (2.7% by weight),
and the applicable portion of the year in which the program must be
implemented (as determined by EPA). EPA determined that the applicable
control period for the purposes of an oxygenated gasoline program in
Truckee Meadows area is October 1 through January 31. See 57 FR 47853
(October 20, 1992). EPA labeling requirements for oxygenated gasoline
are found at 40 CFR 80.35.
The District first adopted an oxygenated gasoline rule (i.e.,
District rule 040.095 ``Oxygen Content of Motor Vehicle Fuel'') on
December 21, 1988, and implementation of the rule began in December
1989. This rule applied throughout Washoe County and required a minimum
gasoline oxygen content of 2% by weight during a control period defined
as December 1 through February 15. The District modified the oxygenated
gasoline rule on April 18, 1990 to extend the control period to
November 1 through the end of February. The April 18, 1990 version of
the District's oxygenated gasoline rule was included in a SIP revision
submittal from the Governor to EPA dated April 15, 1991. Meanwhile,
five months prior to this SIP submittal, the Clean Air Act Amendments
of 1990 were enacted, and the amended Act established new SIP
requirements, discussed above, for oxygenated gasoline rules in CO
nonattainment areas.
In response to the new requirements, the District again amended the
oxygenated gasoline rule (on September 23, 1992) to increase the
minimum oxygen content requirement to 2.7% and to extend the control
period to October 1 through January 31. NDEP submitted this revised
rule to EPA as a SIP revision on November 13, 1992 thereby superseding
the April 15, 1991 submittal of the previous version of the rule. EPA
did not take action on the November 13, 1992 submittal of the
District's oxygenated gasoline rule. In the intervening years, the
District has twice amended the oxygenated gasoline rule: on October 25,
2000, the District phased-out use of methyl tertiary butyl ether (MTBE)
as the oxygenate to meet the oxygen content requirement, and on
[[Page 1179]]
September 22, 2005, the District clarified labeling requirements
consistent with related EPA requirements at 40 CFR 80.35 and made
certain other changes to improve enforceability. The September 22, 2005
version of the wintertime oxygenated gasoline rule was submitted as a
SIP revision by NDEP on November 4, 2005, thereby superseding the
November 13, 1992 submittal of the rule.
We have evaluated the State's November 4, 2005 submittal of the
wintertime oxygenated gasoline rule (District rule 040.095) and find
that it meets the applicable statutory and regulatory requirements by
establishing the necessary minimum oxygen content requirement (2.7% by
weight) in the applicable geographic area (i.e., Reno MSA, which
consists of Washoe County, Nevada) for the appropriate control period
(October 1 through January 31) and also provides for the necessary
labeling of gasoline dispensers, and for recordkeeping, sampling and
for enforceability. The District AQMD enforces the oxygenated gasoline
rule by obtaining fuel samples from retail gasoline distributors, which
are then analyzed by the State of Nevada, Department of Agriculture.
Each year, the District AQMD publishes a report summarizing the results
of the oxygenated gasoline program for the prior year. A review of
these annual reports reveals near-full compliance with the requirements
of the rule.
For the above reasons, we find that District rule 040.095 (``Oxygen
Content of Motor Vehicle Fuel''), as amended by the District on
September 22, 2005, and submitted by NDEP to EPA on November 4, 2005,
fulfills the requirements of section 211(m) of the Act and applicable
EPA regulations, and, based on that finding, we propose approval of the
rule as a revision to the Nevada SIP.
VII. Nevada's Motor Vehicle Inspection and Maintenance (I/M) Program in
Truckee Meadows
A. Background Information
As noted in section IV of this document, EPA promulgated area
designations for all states pursuant to the Act, as amended in 1977.
See 43 FR 8962 (March 3, 1978). The Truckee Meadows area of Nevada was
designated nonattainment for the NAAQS for CO and photochemical
oxidant.\4\
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\4\ In 1979, EPA established a new NAAQS for ozone to replace
the oxidant standard. In 1981, EPA changed the designation for
Truckee Meadows from nonattainment for oxidant to attainment for
ozone. See 46 FR 37896 (July 23, 1981).
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During the late 1970's, the Nevada Legislature established the
first motor vehicle I/M program for Truckee Meadows, and the Nevada
Department of Motor Vehicles (DMV) began to implement this initial
program in 1978. Nevada's motor vehicle I/M program is required in two
counties, Washoe and Clark.
Originally, I/M requirements were triggered only by a change in
vehicle ownership, but by 1983, I/M in Truckee Meadows had been
expanded to apply annually upon vehicle registration or upon
registration renewal. Implementation of a mandatory annual I/M program
in Truckee Meadows was not a requirement of the 1977 amended Act but
was one of the control measures selected by Washoe County and the State
of Nevada to reduce CO emissions in that area.
The 1980's-era program in Truckee Meadows excluded certain types of
vehicles including, among others, new cars, vehicles over 5,000 pounds
unladen weight, and motorcycles. Waivers were allowed in certain cases
for repairs costing over $100 in labor plus parts. For more information
on this early I/M program in Truckee Meadows and related EPA rulemaking
actions, see 44 FR 26763 (May 7, 1979), 45 FR 59334 (September 9,
1980), 46 FR 21758 (April 14, 1981), 48 FR 5071 (February 3, 1983), 49
FR 6386 (February 21, 1984), and 49 FR 44208 (November 5, 1984).
As noted in section IV of this document, under the Clean Air Act
Amendments of 1990, EPA classified Truckee Meadows as a ``moderate'' CO
nonattainment area based on a design value of 9.8 ppm. Under section
187(a) of the Act, as amended in 1990, States with ``moderate'' CO
nonattainment areas (with design values less than 12.7 ppm) were
required to continue implementation of existing I/M programs and to
submit I/M SIP revisions to meet the ``basic'' I/M performance standard
and other new related requirements promulgated by EPA subsequent to the
1990 Act Amendments. See CAA section 187(a)(4).\5\ On January 15, 1993,
EPA made a finding of failure to submit the required ``basic'' I/M SIP
revision for Truckee Meadows. On November 15, 1993, the NDEP submitted
a ``basic'' I/M SIP revision for Truckee Meadows, but by letter dated
April 13, 1994, EPA made a finding of incompleteness for the November
15, 1993 SIP revision submittal.
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\5\ In 1991, all of Washoe County was designated as a
``marginal'' nonattainment area for the 1-hour ozone NAAQS. See 56
FR at 56798 (November 6, 1991). For most such areas, a corrected and
upgraded ``basic'' I/M program was required under CAA section
182(a)(2)(B); however, the Washoe County ``marginal'' ozone
nonattainment area was not subject to the I/M requirement because
the EPA-approved I/M program for Truckee Meadows (at the time of
designation as a marginal ozone nonattainment area) did not include
hydrocarbon emissions testing (but only CO emissions testing), and
thus the I/M program was not part of the applicable ozone SIP. The
State of Nevada deleted hydrocarbon emissions testing from the I/M
program in 1983, and EPA approved the related changes in 1984. See
49 FR 6386 (February 21, 1984) and 49 FR 44208 (November 5, 1984).
Hydrocarbon emissions testing requirements have since been restored
to the program and are a part of the current I/M program that is the
subject of today's proposal.
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On June 3, 1994, NDEP submitted the State Implementation Plan for a
Basic Program for the Inspection and Maintenance of Motor Vehicles for
the Truckee Meadows Planning Area, Nevada (June 1994) (``Basic I/M
SIP''). By letter dated January 31, 1995, EPA found the Basic I/M SIP
to be complete. The Basic I/M SIP includes I/M-related statutes and
rules, as well as various other documents to satisfy EPA I/M
requirements, but does not include the required performance standard
evaluation.
On November 2, 2006, NDEP submitted a SIP revision containing a
performance standard evaluation of the basic I/M program for motor
vehicles in the Truckee Meadows planning area (``Basic I/M Performance
Standard Evaluation'') thereby fulfilling a requirement not addressed
in the Basic I/M SIP. The November 2, 2006 SIP revision submittal
contained the performance standard evaluation along with motor vehicle
emissions modeling documentation and evidence of public process and
adoption by the Washoe County District Board of Health on September 28,
2006.
Since the submittal of the Basic I/M SIP in 1994, the State of
Nevada has revised many of the I/M-related statutory provisions and
regulations and has established new specifications for exhaust gas
analyzers. On May 11, 2007, NDEP submitted a SIP revision entitled
Nevada Mobile Source SIP, Update of the Regulatory Element (May 11,
2007) (``Mobile Source SIP Update''), which includes current I/M-
related statutory provisions and regulations as well as updated exhaust
gas analyzer specifications. The current Nevada I/M statutory
provisions and rules submitted by NDEP on May 11, 2007 are as follows:
Nevada Revised Statutes (2005), chapter 365: section
365.060; chapter 366, section 366.060; chapter 445B, sections 445B.210,
445B.700-845 (excluding NRS 445B.776, 445B.777, and 445B.778); chapter
481, sections
[[Page 1180]]
481.019-481.087; chapter 482, sections 482.029, 482.155-482.290,
482.385, 482.461, and 482.565; and chapter 484, sections 484.101,
484.644 and 484.6441;
Nevada Administrative Code (NAC), chapter 445B (January
2007 revision by the Legislative Counsel Bureau), sections 445B.400 to
445B.735.\6\
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\6\ As explained below in the subsection entitled ``Vehicle
coverage (40 CFR 51.356), we are taking no action on subsection (2)
of NAC section 445B.595.
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The Mobile Source SIP Update supersedes the corresponding materials
included in the Basic I/M SIP submitted in 1994 and represents a
comprehensive update to the regulatory portion of the State's mobile
source SIP (excluding the rules establishing fuels specifications,
alternative fuels programs for government vehicles, and any local rules
related to mobile sources), including the regulatory portion of the
Truckee Meadows I/M SIP, which was last approved in 1984 (see 49 FR
44208, November 5, 1984), and the regulatory portion of the Las Vegas
Valley I/M SIP, which was last approved in 2004 (see 69 FR 56351,
September 21, 2004).
B. Evaluation of the State's I/M Program in Truckee Meadows
This subsection summarizes the applicable requirements of EPA's I/M
requirements found in 40 CFR part 51, subpart S (``Inspection/
Maintenance Program Requirements''), which is referred to herein as the
``Federal I/M rule,'' and discusses whether the elements of the State's
``basic'' vehicle I/M program for Truckee Meadows as contained in SIP
revisions submitted on June 3, 1994, November 2, 2006, and May 11, 2007
comply with Federal requirements.
Applicability (40 CFR 51.350)
Under the Federal I/M rule, any area classified as marginal ozone
nonattainment or moderate CO nonattainment with a design value of 12.7
parts per million (ppm) or less shall continue operating I/M programs
that were part of an approved SIP as of November 15, 1990, and shall
update those programs an necessary to meet the basic I/M program
requirements as set forth in part 51, subpart S. See 40 CFR
51.350(a)(3). This requirement applies to Truckee Meadows because the
CO SIP for Truckee Meadows, as of November 15, 1990, included an I/M
program and because, under the Act as amended in 1990, the Truckee
Meadows CO nonattainment area was classified as ``moderate'' (with a
design value of 12.7 ppm or less).
I/M programs are nominally required to cover at least the entire
urbanized area, based on the 1990 census. See 40 CFR 51.350(b)(2). The
State's legal authority necessary to establish program boundaries is
contained in Nevada Revised Statutes (NRS) 445B.770. The applicable
area for the basic I/M program is the urbanized area within ``Truckee
Meadows,'' which is defined by reference to the State's hydrographic
area 87. Under Nevada Administrative Code (NAC) 445B.594, the
State's basic I/M program applies within all of Washoe County, except
for residents that live outside of the urbanized area and are serviced
by one of the following post offices: (1) Crystal Bay, (2) Empire; (3)
Incline Village, (4) Nixon, (5) Sutcliffe, or (6) Wadsworth. This is
acceptable.
The Federal I/M rule requires a State I/M program to remain in
operation even if the area is redesignated to attainment until the
State submits and EPA approves a SIP revision which convincingly
demonstrates that the area can maintain the relevant standard without
benefit of the emission reductions attributable to the I/M program. See
40 CFR 51.350(c). The statutory authority for the ``basic'' I/M program
in Truckee Meadows contains no automatic sunset provision and thus is
consistent with EPA requirements.
Basic I/M Performance Standard (40 CFR 51.352)
``Basic'' I/M programs must be designed and implemented to meet or
exceed a minimum performance standard, which is expressed as emission
levels achieved from highway mobile sources as a result of the program.
Areas are required to meet the performance standard for the pollutants
which cause them to be subject to I/M requirements. The performance
standard is based on the model I/M program inputs and local
characteristics, such as vehicle mix and local fuel controls, and
emission levels and emission reduction benefits must be calculated
using the most recent version of EPA's mobile source emission factor
model (MOBILE).
The Federal model ``basic'' I/M program has the following
characteristics: (1) Network type (centralized testing); (2) Start date
(for areas with existing I/M programs, 1983); (3) Test frequency
(annual testing); (4) Model year coverage (testing of model year (MY)
1968 and later vehicles); (5) Vehicle type coverage (light-duty
vehicles (excluding trucks)); (6) Exhaust emission test type (idle
test); (7) Emission standards (no weaker than specified in 40 CFR part
85, subpart W); (8) Emission control device inspections (none); (9)
Stringency (a 20% emission test failure rate among pre-1981 model year
vehicles); (10) Waiver rate (0% waiver rate); (11) Compliance rate (a
100% compliance rate); and (12) Evaluation date (1996 for CO
nonattainment areas). Also, the basic I/M performance standard includes
inspection of all 1996 and later light-duty vehicles equipped with
certified on-board diagnostic (OBD) systems,\7\ and repair of
malfunctions or system deterioration identified by or affecting OBD
systems.
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\7\ A certified OBD system consists of a computer, which
performs checks of a number of different vehicle systems for
malfunctions or deterioration, which could result in the vehicle
exceeding its emissions standards, and a malfunction indicator
light, which is required to be illuminated when the system detects a
problem.
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The Nevada basic I/M program within Truckee Meadows has the
following characteristics: (1) Network type (decentralized, test-and-
repair); (2) Start date (1983); (3) Test frequency (annual testing);
(4) Model year coverage (testing of MY 1968 and later vehicles); (5)
Vehicle type coverage [light-duty (i.e., less than 8,500 pounds gross
vehicle weight rating (GVWR)) vehicles (both gasoline- and diesel-
powered) and heavy-duty gasoline-powered vehicles]; (6) Exhaust
emission test type (``two-speed idle'' test (i.e, at 2,500 revolutions
per minute (rpm) and at idle) for light-duty gasoline-powered vehicles
from 1968 through 1995 and heavy-duty gasoline-powered vehicles 1968
and newer; 1968 and newer light-duty diesel-powered vehicles are
inspected for exhaust opacity on a dynamometer (i.e., steady state
using load mode)); (7) Emission standards (based on those specified in
40 CFR part 85, subpart W); (8) Emission control device inspections
(for 1968 and newer vehicles, a gas cap check; for gasoline-powered
vehicles newer than 1980, the anti-tampering program (ATP) checks for
air pump disablement, catalyst removal, fuel inlet restrictor
disablement, exhaust gas recirculation (EGR) system disablement,
evaporative system disablement, and positive crankcase ventilation
(PCV) system disablement; for diesel-powered vehicles, visual tampering
inspection is based on manufacturer's specifications); (9) Stringency
(21% based on 1996 data); (10) Waiver rate (4% for pre-1981 and 3% for
1981 and newer based on 1996 data); (11) Compliance rate (96%); and
(12) Evaluation date (year 1996). The State's basic I/M program
includes inspection of all 1996 and newer light-duty gasoline-powered
vehicles equipped with certified on-board diagnostic (OBD) systems.
Repair of
[[Page 1181]]
malfunctions or system deterioration is identified for emission
compliance through the OBD system.
As noted above, the Basic I/M SIP submitted in 1994 does not
include a performance standard evaluation, but NDEP submitted the
required evaluation (referred to herein as the ``Basic I/M Performance
Standard Evaluation'') to EPA for approval on November 2, 2006.
District AQMD prepared this evaluation using the latest available
version of MOBILE (MOBILE6.2.03). District AQMD used the various inputs
for EPA's ``basic'' model program and the State's basic I/M program for
Truckee Meadows as described above to estimate the composite CO
emission rate in year 1996 of the vehicle fleet in Truckee Meadows
under three scenarios: (1) no I/M program, (2) EPA's basic model
program, and (3) the State's basic I/M program for Truckee Meadows.
District AQMD assumed 50% effectiveness for the State's basic I/M
program in Truckee Meadows to account for the decentralized, test-and-
repair nature of the I/M program.
A comparison of the MOBILE6.2.03-based CO emissions rates for these
three scenarios shows that EPA's basic model program would have reduced
composite CO emissions by 8.9% (relative to the no I/M scenario) and
that the State's basic I/M program for Truckee Meadows reduced the
emissions rate by 9.5% (once again, relative to the no I/M scenario).
We find that District AQMD used the appropriate model and reasonable
methods and assumptions in developing the CO emission rates for the
performance standard evaluation. Based on this finding and because the
results of the evaluation show that State's basic I/M program achieves
equivalent or greater reductions in the CO emissions rate as compared
to EPA's basic model program, we find that the State's basic I/M
program in Truckee Meadows meets the performance standard requirement
under 40 CFR 51.352.
Network Type and Program Evaluation (40 CFR 51.353)
State law provides for a decentralized (i.e., privately-owned but
licensed by the State), test-and-repair network for 1968 and newer
gasoline-powered autos and trucks.\8\ The network includes different
types of test-and-repair stations. State law differentiates between two
types of test-and-repair stations: (1) Test stations that are allowed
to do only specific types of repairs (such as oil changes, replacement
of oil or air filters, and servicing of the fuel injection system) but
are generally not allowed to perform repairs that affect exhaust
emissions and (2) test stations that are allowed to do more extensive
repairs. The former are referred to as ``authorized inspection
stations'' and the latter are referred to as ``authorized stations.''
NAC sections 445B.460 through 445B.480 specify requirements for
facilities to obtain licenses as authorized test stations or authorized
stations. For the purposes of the performance standard evaluation,
Washoe County assumed 50% effectiveness for the program based on the
decentralized, test-and-repair nature of the network. The 50%
effectiveness value is the default value in MOBILE for such networks
and is acceptable. We find that the State's I/M testing network for
Truckee Meadows is adequately described in the State's I/M submittals,
that the State has sufficient legal authority to enforce the
requirements that must be met for stations to obtain and retain
licenses as authorized inspection stations or as authorized stations,
and that the network has been adequately modeled for performance
standard purposes, and thus the requirements of 40 CFR 51.353 are
satisfied.
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\8\ Under the Nevada I/M program, light-duty diesel-powered
motor vehicles registered in the applicable portions of Washoe
County and Clark County are also subject to annual inspections,
which include a tampering inspection and an opacity test.
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We note that the program evaluation required under 40 CFR 51.353(c)
applies to ``enhanced'' I/M programs, and because Truckee Meadows is
subject only to the ``basic'' I/M program requirements, the program
evaluation requirement under 40 CFR 51.353(c) does not apply.
Adequate Tools and Resources (40 CFR 51.354)
The Federal I/M rule requires the state to demonstrate that there
is adequate funding of the program functions including quality
assurance, data analysis and reporting, the holding of hearings and
adjudication of cases. The state must also demonstrate that sufficient
personnel have been employed to effectively carry out the duties
related to the program and that equipment necessary to achieve the
objectives of the program have been acquired.
Nevada law establishes annual fees to cover costs associated with
implementation, administration and operation of the I/M program. See
NRS 445B.830. The fees must be paid to the DMV and accounted for in the
pollution control account, which is created in the Nevada general fund.
The 1994 Truckee Meadows I/M SIP notes that the basic I/M program in
Truckee Meadows is an update to existing program whose funding has long
been established. To illustrate how the funds paid to DMV are allocated
to provide for employee salaries, the Basic I/M SIP includes a copy of
the budget for the program, as approved by the 67th Session of the
Nevada Legislature and the Governor, showing provisions for personnel
sufficient to meet the oversight requirements of the program for fiscal
year 1994. See appendix 3 of the Basic I/M SIP. EPA believes
the State's I/M program plan for tools and resources is acceptable.
Test Frequency and Convenience (40 CFR 51.355)
The performance standards for I/M programs assume an annual test
frequency, but under the Federal I/M rule, other schedules may be
approved if the required emission targets are achieved. Also, under the
Federal I/M rule, the SIP must include the legal authority necessary to
implement and enforce the test frequency requirement and explain how
the test frequency will be integrated with the enforcement process.
Nevada's motor vehicle I/M program is registration-enforced in the
two affected counties (i.e., Washoe and Clark) and is tracked by
continuing annual vehicle registration. Under NRS 482.206, vehicle
registration must be renewed annually, and under NAC 445B.594, persons
who are registering or reregistering their vehicle in Truckee Meadows
(except for new vehicles) must provide evidence of compliance (with the
emission inspection) as part of the annual registration process. New
vehicles are exempt from testing until the third registration cycle.
See NAC 445B.592.
The DMV has authority under NRS 445B.798 to require proof of
compliance with the emission standards after a vehicle has been cited
for needing mechanical repair or for a smoking vehicle. Nevada law
thereby provides for out-of-cycle emission testing for high-emitting
vehicles. Under NRS 482.461, cancellation of registration can result if
the vehicle failing a test conducted under NRS 445B.798 has not been
repaired as required.
On May 11, 2007, NDEP submitted all of the current versions of the
statutory provisions and rules cited above for approval into the Nevada
SIP. EPA believes these elements meet the requirements of the Federal
I/M rule.
Vehicle Coverage (40 CFR 51.356)
The Federal model ``basic'' I/M program against which State
programs are compared assumes coverage of all
[[Page 1182]]
1968 and newer model year (MY) ``light-duty'' vehicles (i.e., up to
8,500 pounds GVWR) and includes vehicles operating on all fuel types.
The Federal ``basic'' I/M program does not assume coverage of light-
duty trucks. Other levels of coverage may be approved if the necessary
emission reductions are achieved.
Under Nevada's basic I/M program, the term ``light-duty motor
vehicles'' refers to passenger cars and trucks up to 8,500 pounds GVWR;
``heavy-duty motor vehicles'' refers to vehicles of 8,500 pounds GVWR
or more. Nevada's basic I/M program is more inclusive than required
under the Federal I/M rule in some ways and less inclusive in others.
For instance, the program is more inclusive in that, as mentioned
above, it requires all 1968 and newer heavy-duty gasoline-powered
vehicles to be tested annually in addition to light-duty gasoline-
powered vehicles. On the other hand, Nevada's basic I/M program
provides certain exemptions not included in the model program, such as
the exemption for new vehicles, which are not emissions-tested until
the third registration cycle (but still must be registered or re-
registered). Other minor exemptions are set forth in NAC 445B.592 (such
as motorcycles and motor vehicles permanently converted from gasoline
to propane, compressed natural gas, methane or butane as a fuel). The
Basic I/M Performance Standard Evaluation submitted by NDEP as a SIP
revision on November 2, 2006 takes these exemptions into account.
Under the Nevada program, light-duty diesel-powered vehicles, 1968
and newer, are also subject to annual registration requirements and
certain emissions-related requirements but are not subject to the
emissions testing procedures that apply to gasoline-powered vehicles.
In addition, the emissions evaluation for the State's I/M program takes
no specific credit for inspection and maintenance of diesel-powered
vehicles.
EPA believes that Nevada's ``basic'' I/M program adequately
identifies and accounts for the vehicles covered by the program and
thereby meets the requirements of the Federal I/M rule under 40 CFR
51.356.
The Federal I/M rule requires that vehicles operated on Federal
installations located within an I/M program area be tested regardless
of whether the vehicles are registered in the state or local I/M area.
See 40 CFR 51.356(a)(4). However, we are not requiring states to
implement 40 CFR 51.356(a)(4) at this time. The Department of Justice
has recommended to EPA that this Federal regulation be revised since it
appears to grant states authority to regulate Federal installations in
circumstances where the Federal government has not waived sovereign
immunity. It would not be appropriate to require compliance with this
regulation if it is not constitutionally authorized. EPA will be
revising this provision in the future and will review state I/M SIPs
with respect to this issue when this new rule is final. Therefore, for
these reasons, EPA is neither approving nor disapproving the specific
requirements which apply to Federal facilities at this time.
Specifically, we are taking no action on submitted rule NAC
445B.595(2), which extends the State's I/M requirements to motor
vehicles operated on Federal installations located within I/M areas. We
are also proposing under CAA section 110(k)(6), which authorizes EPA to
correct errors in SIP actions, to rescind our previous approval of NAC
445B.595(2) into the Nevada SIP on grounds of sovereign immunity. We
approved NAC 445B.595(2) as part of our 2004 approval of the State of
Nevada's I/M program for Las Vegas and Boulder City.
Test Procedures and Standards (40 CFR 51.357)
The Federal I/M rule requires that states establish written test
procedures and pass/fail standards to be followed for each model year
and vehicle type included in the program. The required test procedures
are specified in 40 CFR 51.357(a). The Federal I/M rule also requires
that beginning January 1, 2002, inspection of the OBD systems on MY
1996 and newer light-duty vehicles shall be conducted according to the
procedure described in 40 CFR 85.2222, at a minimum. See 40 CFR
51.357(a)(12). The required test standards are specified in 40 CFR
51.357(b).
EPA's basic I/M performance standard assumes testing in idle mode,
but Nevada's I/M program requires subject vehicles to pass the more
demanding ``two-speed idle'' test (i.e., exhaust emissions are tested
in idle mode and at 2,500 rpm). In this instance, the subject vehicles
include all gasoline-powered motor vehicles (except motorcycles, and
other exempt categories), i.e., light-duty gasoline-powered vehicles MY
1968 through MY 1995, and heavy-duty gasoline-powered vehicles MY 1968
and newer. See NAC 445B.580. Generally, the procedures require use of
an approved exhaust gas analyzer and compliance with the emissions
standards set forth in NAC 445B.596 (unless a waiver is granted). All
light-duty gasoline-powered vehicles MY 1996 and newer are subject to
OBD systems checks. See NAC 445B.5805. The State's procedures for the
two-speed idle test and the OBD system check are consistent with EPA
requirements. Testing procedures and standards for light-duty diesel-
powered vehicles are found in NAC 445B.587 through 445B.589.
EPA's basic I/M performance standard assumes exhaust emission
testing standards as specified in 40 CFR part 85, subpart W. Consistent
with those standards, the State I/M program establishes, for those
vehicles that are subject to emissions testing, maximum exhaust
emissions for MY 1981 and newer of 1.2% for CO and 220 ppm for
hydrocarbons (HC). For older light-duty gasoline-powered vehicles (MY
1968 through 1980), maximum CO (%) and HC (ppm) standards range from
4.0%-2.0% and 800 ppm-500 ppm, respectively. The standards for heavy-
duty gasoline-powered vehicles MY 1981 and newer are 3.5% for CO and
1,000 ppm for HC; for older heavy-duty gasoline-powered vehicles (MY
1968 through 1980), maximum CO (%) and HC (ppm) range from 7.0%-4.0%
and 1,400 ppm-1,000 ppm, respectively. See NAC 445B.596. In the event
of an emission failure of any kind, all components are retested after
repairs.
The Federal basic I/M performance standard does not assume that
inspections are made of the emission control devices as part of the I/M
program. Under the Nevada I/M program, however, such inspections are
required. Specifically, inspectors perform visual checks for smoke from
the exhaust system and for blowby gases from the crankcase. See NAC
445B.580. Also, inspectors visually inspect all vehicles to determine
the presence of a properly installed gas cap. For light-duty gasoline-
powered vehicles MY 1981 through MY 1995 (and MY 1996 and newer heavy-
duty gasoline-powered vehicles), inspectors also check for the presence
of an exhaust gas recirculation valve, catalytic converter, air
injection system and fuel inlet restricter, and whether this equipment
appears to be operating in accordance with the specifications of the
manufacturer of the vehicle. See NAC 445B.580. For MY 1996 and newer
light-duty gasoline-powered vehicles, inspection stations administer
OBD systems checks (see NAC 445B.5805) that substitute for the visual
inspections that are part of the program for earlier models. If a
vehicle has missing or malfunctioning emissions control equipment,
Nevada's required I/M test will result in a failed vehicle
notification. Under NAC 445B.582 and 445B.589, necessary
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repairs must be completed before a second test can be performed.
We conclude that the State's test procedures and standards meet the
corresponding Federal I/M rule requirements.
Test Equipment (40 CFR 51.358)
The Federal I/M rule requires computerized test systems for
performing any measurement on subject vehicles, and the SIP is to
include written technical specifications for all test equipment used in
the program.
In 1994, when the Basic I/M SIP was submitted, the State's exhaust
gas analyzer was the Nevada 94 analyzer, and the Basic I/M SIP included
the written specifications for that analyzer. Since then, the State has
replaced the Nevada 94 analyzer with the NV2000 analyzer and submitted
the related written specifications to EPA in a SIP submittal dated
January 30, 2002. The January 30, 2002 SIP submittal was made in
connection with our review of the I/M program in Las Vegas and Boulder
City, but we note that the same analyzer (i.e., NV2000) is required for
use in both the Las Vegas/Boulder City area and in the Truckee Meadows
area. On May 11, 2007, NDEP submitted another I/M-related SIP revision
that included, among other items, written specifications for a change
in NV2000 as previously submitted to make emissions testing possible on
motor vehicles containing a certified OBD system which uses controller
area network communication.
NV2000 emission testing equipment has been used to inspect
gasoline-powered vehicles since April 2001. NV2000 analyzers carry
California Bureau of Automotive Repair (BAR 97) certification. Two-
speed idle and OBD inspection procedures can be performed with NV2000
analyzers. The NV2000 emission analyzer has remained in the same
configuration as when first implemented in April 2001 with one
exception. In late 2004, a revised OBD scan hardware capable of
communication with controller area network systems was approved as an
option. Emissions stations were required to update their NV2000
emission analyzers to include the revised OBD scan hardware by
September 2006.
NV2000 test equipment features include: Concentration measurements
of CO, HC, carbon dioxide (CO2) and oxygen (O2);
engine RPM; leak checks; anti-tampering checks; automatic test data
recording; and lock-out measures. The test begins with a check of the
vehicle's registration and for any recall notices for that model
vehicle. Adoption or use of alternate test equipment, test procedures
or alternate methods requires prior approval by EPA. The exhaust gas
analyzer specifications describe all the necessary components of the
emission analysis process, test equipment and all necessary EPA
requirements under 40 CFR 51.358. We found NV2000 to be acceptable in
connection with our approval of Nevada's I/M program for Las Vegas and
Boulder City (see 69 FR 56351 (September 21, 2004)) and believe that
NV2000, as updated in NDEP's submittal dated May 11, 2007, is equally
acceptable for the purposes of the basic I/M program in Truckee
Meadows.
Quality Control (40 CFR 51.359)
The Federal I/M rule requires state programs to include measures to
ensure emission testing equipment is calibrated and maintained
properly. See 40 CFR 51.359. SIPs are to include a description of
quality control and recordkeeping procedures and the procedure manual,
rule, ordinance or law describing and establishing the quality control
procedures and requirements. See 40 CFR 51.359(f). The specifications
for Nevada's NV2000 analyzer include several quality control elements.
Only State-certified analyzers may be used for emission testing
purposes under the I/M program, and to qualify for certification,
manufacturers of analyzers must demonstrate that their model complies
with all NV2000 specifications. NV2000 specifications were submitted by
NDEP as part of its January 30, 2002 SIP submittal to EPA and approved
as a SIP revision on September 21, 2004 (69 FR 56351). NDEP submitted
revisions to NV2000 on May 11, 2007. NV2000 requires that analyzers be
designed to perform automatic two-point gas calibrations for HC, CO and
carbon dioxide; ambient air zero and span check tests; and measurements
of oxygen using ambient air. The specifications call for automatic gas
calibration to be conducted every 72 hours as activated by the
analyzer's internal clock. In addition, to meet NV2000 specifications,
an analyzer must be designed with a system capable of requiring an
automatic leak check of the vacuum side of the analyzer activated by
the internal clock every 24 hours.
The NV2000 analyzer also includes a number of automated controls to
ensure that the system is tamper-resistant. The inspection certificates
are stored automatically by the exhaust gas emission analyzer. The
analyzers provide security capable of preventing any unauthorized
modifications to the software or test data. The performance of licensed
test and repair stations on repairing vehicles for retest is monitored.
Emission certificates are counterfeit-resistant. Overt and covert
audits are used to help verify the security of documents and emission
test information. The Nevada DMV collects and inspects records from
licensed test stations to detect discrepancies in testing and/or
repairs. EPA believes the State's submitted basic I/M program for
Truckee Meadows meets the quality control requirements of 40 CFR 51.359
and is acceptable.
Waivers and Compliance via Diagnostic Inspection (40 CFR 51.360)
Under the Federal I/M rule, state I/M programs may allow the
i