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, 38124-38132 [E8-15015]
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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations
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III. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• 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);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
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costs on tribal governments or preempt
tribal law.
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 2,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this action for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: April 22, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(354) to read as
follows:
I
§ 52.220
*
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Identification of plan.
*
*
(c) * * *
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*
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*
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(354) New and amended regulations
for the following APCDs were submitted
on March 7, 2008, by the Governor’s
designee.
(i) Incorporation by reference.
(A) South Coast Air Quality
Management District.
(1) Rule 2004, ‘‘Requirements’’
adopted on October 15, 1993 and
amended on April 6, 2007.
(2) Rule 2007, ‘‘Trading
Requirements’’ adopted on October 15,
1993 and amended April 6, 2007.
(3) Rule 2010, ‘‘Administrative
Remedies and Sanctions’’ adopted on
October 15, 1993 and amended on April
6, 2007.
[FR Doc. E8–14884 Filed 7–2–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 81
[EPA–R09–OAR–2007–0561; FRL–8555–1]
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: Final rule.
AGENCY:
SUMMARY: EPA is approving 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
approving Nevada’s request to
redesignate the Truckee Meadows
carbon monoxide nonattainment area to
attainment. EPA is deferring action on
the proposal to rescind a provision
previously approved in the plan and
related to inspection and maintenance
of vehicles operated on Federal
installations. EPA is taking these actions
pursuant to those provisions of the
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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations
Clean Air Act that obligate the Agency
to take action on submittals of revisions
to state implementation plans and
requests for redesignation. This action
makes 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.
DATES: Effective Date: This rule is
effective on August 4, 2008.
ADDRESSES: EPA has established docket
number EPA–R09–OAR–2007–0561 for
this action. The index to the docket is
available electronically at https://
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
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. Proposed Action
II. Public Comments
Plan, plan element or rule
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 proposed 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’’). In our proposed rule, we
found that District rule 040.095 fulfills
the requirements of section 211(m) of
the Act and applicable EPA regulations.
We also proposed 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
proposed to approve two subsequent
SIP revision submittals: a ‘‘basic’’ I/M
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III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 7, 2008 (73 FR 1175),
under section 110(k)(3) of the Clean Air
Act, as amended in 1990 (CAA or
‘‘Act’’), EPA proposed 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 proposed to approve are listed in the
following table:
Adoption date(s)
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).
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State of Nevada submittal date(s)
Originally adopted on Dec. 21, 1988 and Submitted on Apr. 14, 1991; re-submitted as
amended on Apr. 18, 1990; amended on
amended on Nov. 13, 1992; re-submitted
Sept. 23, 1992; amended on Sept. 22, 2005.
as 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 .................................................
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.
Among other items, NDEP’s Mobile
Source SIP Update contains current I/Mrelated statutory provisions, regulations,
and updated exhaust gas analyzer
specifications.1 Based on our review of
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
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June 3, 1994.
Nov. 2, 2006.
May 11, 2007.
Nov. 4, 2005.
the various elements of the program, we
proposed to approve the basic I/M
program for Truckee Meadows as
meeting the requirements of CAA
section 187(a)(4) and our implementing
regulations, including the ‘‘basic’’
performance standard that applies to
‘‘moderate’’ CO nonattainment areas
with design values less than 12.7 ppm
(such as Truckee Meadows).
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 proposed no action on
submitted rule Nevada Administrative
Code (NAC) subsection 445B.595(2)
(‘‘NAC 445B.595(2)’’), which relates to
State I/M requirements for motor
vehicles operated on Federal
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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installations located within I/M areas,
because of sovereign immunity
concerns. Furthermore, we proposed,
under CAA section 110(k)(6), to rescind
our previous approval of NAC
445B.595(2) into the Nevada SIP in 2004
because we believed that we had
approved it in error, also on the grounds
of sovereign immunity. For the reasons
given below in response to NDEP’s
comments on our proposal, we are
separating our actions on NAC
445B.595(2) (i.e., both the proposed ‘‘no
action’’ on the submitted rule (and
current codification of) NAC
445B.595(2) and the proposed
correction) from the rest of the actions
proposed on January 7, 2008 and intend
to re-propose action on NAC
445B.595(2) in a future Federal Register
document.
In our January 7, 2008 proposed rule,
we proposed to approve NDEP’s SIP
revision submittal (dated November 4,
2005) of the Redesignation Request and
Maintenance Plan for the Truckee
Meadows Carbon Monoxide NonAttainment Area (September 2005)
(‘‘Truckee Meadows CO Maintenance
Plan’’), adopted by the District on
September 22, 2005. In connection with
our proposed approval of the Truckee
Meadows CO Maintenance Plan, we
proposed to approve 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 found that the Truckee Meadows CO
Maintenance Plan meets the
requirements for maintenance plans
under section 175A of the Act.
Lastly, based on our evaluation of the
various SIP requirements and submittals
discussed above, we concluded that,
upon our final approval of the SIP
submittals evaluated in the proposed
rule, the State will have met all section
110 and part D requirements that apply
to the Truckee Meadows moderate CO
nonattainment area and thereby
satisfied the criteria for redesignation
under CAA section 107(d)(3)(E) and
proposed to approve the State’s request
(dated November 4, 2005) for
redesignation of Truckee Meadows to
attainment accordingly.2
Please see the proposed rule for
additional information on the various
SIP revision submittals and the
redesignation request and on our
corresponding evaluation and rationale
for proposed action.
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 proposed to
approve the first and second of the three measures
in our January 7, 2008 proposed rule. We approved
the third measure (the residential wood combustion
rule) in a separate document in 2007. See 72 FR
33397 (June 18, 2007). In our proposed rule, we
indicated that we would not finalize the
redesignation until we take final action approving
the oxygenated gasoline rule and the I/M program.
In today’s action, we are finalizing approvals of
both the oxygenated gasoline rule and the I/M
program, thereby fulfilling a prerequisite to the final
redesignation action which we are also taking
today. Also, for reasons set forth in the proposed
rule, 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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II. Public Comments
EPA’s January 7, 2008 proposed rule
provided a 30-day public comment
period. Comments were received from
the Air Quality Management Division
(AQMD) of the Washoe County District
Health Department, the Nevada Division
of Environmental Protection (NDEP),
and the Western States Petroleum
Association (WSPA). Responses to the
comments from each entity are provided
below.
Comment #1: By letter dated January
23, 2008, AQMD notes that, since
adoption of the maintenance plan, EPA
has reorganized the rules in 40 CFR part
58 and relocated the requirements for
annual assessments of monitoring
networks from 40 CFR 58.20(d) to 58.10,
and that the maintenance plan refers in
two places to the former rather than the
latter.
Response #1: AQMD is correct. EPA
has relocated the requirements for
annual assessments of monitoring
networks from 40 CFR 58.20 to 58.10.
We encourage AQMD to include the
updated regulatory reference in any
subsequent maintenance plan for the
area.
Comment #2: By letter dated January
30, 2008, NDEP requests a 30-day
extension of the comment period to
assess the implications of EPA’s
proposed rescission, under CAA section
110(k)(6) error correction authority, of a
previously approved provision related
to inspection and maintenance (I/M) of
vehicles operated on Federal
installations (i.e., NAC 445B.595(2)). By
letter dated January 31, 2008, NDEP
withdraws its request for an extension
of the public comment period with
respect to all aspects of EPA’s January
7, 2008 proposal except for the
proposed rescission action (related to I/
M for vehicles operated on Federal
installations) and requests instead that
EPA act separately on the rescission
aspect of the proposal. By e-mail dated
February 1, 2008 and then by letter
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dated February 4, 2008, NDEP restates
its amended request from January 31,
2008 but specifically conditions
withdrawal of the extension request
upon EPA’s removal of the proposed
CAA section 110(k)(6) action to rescind
NAC 445B.595(2) from the rest of the
January 7, 2008 proposed action.
Response #2: NDEP’s initial letter
dated January 30, 2008 led to EPA’s
reconsideration of the basis for EPA’s
proposed rescission of NAC 445B.595(2)
and related ‘‘no action’’ proposal for the
2007 codification of the subject rule. On
the basis of that reconsideration, EPA
intends to re-propose action on NAC
445B.595(2) in a separate Federal
Register document but to otherwise
finalize the January 7, 2008 action as
proposed.
Comment #3: By letter submitted on
February 6, 2008, WSPA supports the
redesignation of the Truckee Meadows
nonattainment area as an attainment
area for CO, but objects to the inclusion
of the Washoe County wintertime
oxygenated gasoline requirement in the
Truckee Meadows CO maintenance
plan. WSPA cites the results of a 2005
study commissioned by WSPA (and
submitted with the comment letter), and
more recent study results, as support for
the proposition that elimination of the
oxygenated fuel requirements in
Washoe County would have little
impact on ambient CO concentrations in
2006 and beyond and would not
threaten compliance with the CO
NAAQS particularly given the low
ambient CO concentrations measured in
Washoe County in recent years and
declining trend in CO emissions. WSPA
concludes that the oxygenated gasoline
program has outlived its usefulness. In
WSPA’s view, continuation of the
Washoe County wintertime oxygenated
gasoline requirement places an
unnecessary logistical burden on
gasoline suppliers, which could lead to
adverse supply impacts and possible
market volatility. WSPA draws further
support from the experiences in other
areas in the country that have rescinded
their oxygenated gasoline programs
without triggering any CO NAAQS
violations. Lastly, WSPA requests that
EPA remove the Washoe County
wintertime oxygenated gasoline
requirement as a control measure in the
Truckee Meadows CO maintenance plan
for the years 2006 through 2016 but
registers no objection to the requirement
being included in the maintenance plan
as a contingency measure.
Response #3: The Clean Air Act
assigns to the states initial and primary
responsibility for formulating a plan to
achieve the NAAQS. It is up to the state
to prepare state implementation plans
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which contain specific pollution control
measures. EPA’s responsibilities under
the CAA are qualitatively different from
those of the state agency. The EPA is
charged with reviewing and approving
or disapproving the enforceable
implementation plans prepared by
states and other political subdivisions
identified in the statute. It is not EPA’s
role to disapprove the State choice of
control strategies if that strategy will
result in attainment or continued
maintenance of the NAAQS, and meets
all other applicable statutory
requirements. See Union Electric Co. v.
EPA, 427 U.S. 246 (1976); Train v.
NRDC, 421 U.S. 60 (1975). EPA’s role in
reviewing SIP submissions is to approve
state choices, provided that they meet
the criteria of the Clean Air Act. Federal
inquiry into the reasonableness of state
action is not allowed under the Act (see
Union Electric Co. v. EPA, 427 U.S. 246,
255–266 (1976); CAA section 110(a)(2)).
Under section 116 of the CAA, with
certain exceptions not relevant here, a
State retains the right to adopt and
enforce any requirement respecting
control or abatement of air pollution,
including more stringent emissions
standards and limitations.
For the reasons set forth in the
proposed rule (see 73 FR 1175, at 1178–
1179), we find that the District’s
wintertime gasoline oxygen content
requirements (i.e., District Rule 040.095)
meet applicable CAA criteria, including
public notice and hearing prior to
adoption and submittal, as well as the
substantive criteria of section 211(m)
and meet applicable EPA regulations.
WSPA does not object to our finding
that the District’s requirements meet
applicable CAA criteria and applicable
EPA regulations, but rather WSPA
contends that the rule is no longer
needed for maintenance of the CO
NAAQS in Truckee Meadows. However,
for the reasons set forth above, we do
not have the authority to disapprove the
District’s choice (endorsed by the
applicable State agency, NDEP) to
include the wintertime oxygenated
gasoline requirement as part of their CO
maintenance strategy on such grounds.
If NDEP and the District choose to revise
the SIP to suspend implementation of
the wintertime oxygenated gasoline
requirement and to adopt the
requirement as a contingency measure,
they may do so with a demonstration
that the area would continue to
maintain the CO NAAQS without the
benefit of the related emissions
reductions, subject to compliance with
CAA procedural requirements and
subject to EPA approval.
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III. EPA Action
As authorized under section 110(k) of
the Act, and for the reasons summarized
in section I of this document and, in
greater detail, in our proposed rule, EPA
is approving 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 and
is approving a maintenance plan under
section 175A of the Act. EPA is also
approving, under section 107(d)(3) of
the Act, NDEP’s request to redesignate
Truckee Meadows to attainment for the
CO NAAQS. Our specific approvals are
as follows:
First, we are approving the local
oxygenated gasoline regulation, District
Rule 040.095, as amended on September
22, 2005) as fulfilling the requirements
of section 211(m) of the CAA.
Second, we are approving 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 approving 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, 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, MOBILE5.0a emissions
modeling, 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
Truckee Meadows planning area,
submitted on November 2, 2006; and
(iii) Current Nevada mobile source
statutory and regulatory provisions and
rules, including those related to I/M,
and updated exhaust gas analyzer
(NV2000) specifications, submitted by
NDEP on May 11, 2007.3 The current
3 Our approval of the May 11, 2007 SIP revision
submittal updates and supersedes the statutory and
regulatory portion of Nevada’s mobile source SIP
(excluding the rules establishing fuels
specifications, alternative fuels programs for
government vehicles, and any local rules related to
mobile sources) and updates the exhaust gas
analyzer specifications as approved in 2004 for the
State’s I/M program in Las Vegas and Boulder City.
Superseded provisions include 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
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38127
Nevada mobile source statutory
provisions and regulations, including
those related to I/M, that we are
approving 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.
Third, we are approving the
Redesignation Request and
Maintenance Plan for the Truckee
Meadows Carbon Monoxide NonAttainment 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, as meeting
the requirements of CAA section 175A.
In connection with our approval of
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 that
establish a 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
56351, September 21, 2004), with the exception of
NAC 445B.595(2) which is being retained in the
Nevada SIP at this time.
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the Truckee Meadows area 8 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.
Fourth, under section 107(d)(3), we
are approving 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; 4 and
• As described above, we are
approving the Truckee Meadows CO
Maintenance Plan as meeting the
requirements of CAA section 175A.
jlentini on PROD1PC65 with RULES
IV. Statutory and Executive Order
Reviews
Under Executive Order 12866 (58 FR
51735, October 4, 1993), this action is
not a ‘‘significant regulatory action’’ and
therefore is not subject to review by the
Office of Management and Budget. For
this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely approves
state law as meeting Federal
requirements and imposes no additional
requirements. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this
rule approves pre-existing requirements
under state law and does not impose
any additional enforceable duty, it does
not contain any unfunded mandate or
significantly or uniquely affects small
4 With respect to this criterion, we find that we
need not fully approve either the District’s
nonattainment new source review rules or
conformity rules as a pre-condition to redesignation
of Truckee Meadows to attainment for the CO
NAAQS.
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governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
This rule also does not have tribal
implications because it will not have a
substantial direct effect on one or more
Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified by Executive Order 13175
(65 FR 67249, November 9, 2000). This
action also does not have Federalism
implications because it does not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This action merely
approves state law implementing a
Federal standard, and does not alter the
relationship or the distribution of power
and responsibilities established in the
Clean Air Act. This rule also is not
subject to Executive Order 13045
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
In reviewing SIP submissions, EPA’s
role is to approve state choices,
provided that they meet the criteria of
the Clean Air Act. In this context, in the
absence of a prior existing requirement
for the State to use voluntary consensus
standards (VCS), EPA has no authority
to disapprove a SIP submission for
failure to use VCS. It would thus be
inconsistent with applicable law for
EPA, when it reviews a SIP submission,
to use VCS in place of a SIP submission
that otherwise satisfies the provisions of
the Clean Air Act. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. This rule does
not impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
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Frm 00020
Fmt 4700
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the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. section 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by September 2,
2008. Filing a petition for
reconsideration by the Administrator of
this final rule does not affect the finality
of this rule for the purposes of judicial
review nor does it extend the time
within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: April 2, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart DD—Nevada
2. Section 52.1470 is amended by
adding paragraphs (c)(68), (c)(69),
(c)(70) and (c)(71) to read as follows:
I
§ 52.1470
Identification of plan.
*
*
*
*
*
(c) * * *
(68) The following plan revision was
submitted on June 3, 1994 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental
Protection.
(1) State Implementation Plan for a
Basic Program for the Inspection and
Maintenance of Motor Vehicles for the
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Truckee Meadows Planning Area,
Nevada (June 1994), including the cover
page through page 9.
(ii) Additional material.
(A) Nevada Division of Environmental
Protection.
(1) State Implementation Plan for a
Basic Program for the Inspection and
Maintenance of Motor Vehicles for the
Truckee Meadows Planning Area,
Nevada (June 1994), appendix 1,
appendix 2 (only the certificate of
compliance and Nevada attorney
general’s opinion), and appendices 3, 6,
8, and 10.
(69) The following plan revision was
submitted on November 4, 2005 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Washoe County District Health
Department.
(1) Rule 040.095, ‘‘Oxygen content of
motor vehicle fuel,’’ revised on
September 22, 2005.
(i) Washoe County District Board of
Health Meeting, September 22, 2005,
Public Hearing—Amendments—Washoe
County District Board of Health
Regulations Governing Air Quality
Management; to Wit: Rule 040.095
(Oxygen Content of Motor Vehicle Fuel).
(2) Redesignation Request and
Maintenance Plan for the Truckee
Meadows Carbon Monoxide NonAttainment Area (September 2005),
excluding appendices B, C, and D.
(70) The following plan revision was
submitted on November 2, 2006 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Washoe County District Health
Department.
(1) Basic I/M Performance Standard,
excluding appendices A through D.
(i) Washoe County District Board of
Health Meeting, September 28, 2006,
Public Hearing—State Implementation
Plan (SIP)—‘‘Basic Program—Inspection
and Maintenance (I/M) of Motor
Vehicles—Truckee Meadows Planning
Area, Nevada;’’ to Wit: Basic Inspection
and Maintenance (I/M) Performance
Standard.
(ii) Additional material.
(A) Washoe County District Health
Department.
(1) Basic I/M Performance Standard,
appendices A through D.
(71) The following plan revision was
submitted on May 11, 2007 by the
Governor’s designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental
Protection.
(1) New or amended statutes related
to mobile sources, including Nevada’s
vehicle inspection and maintenance
program in Las Vegas Valley/Boulder
City and Truckee Meadows: Nevada
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Revised Statutes (2005), chapter 365,
section 365.060, ‘‘Motor vehicle fuel
defined;’’ chapter 366, section 366.060,
‘‘Special fuel defined;’’ chapter 445B,
sections 445B.210, ‘‘Powers of
Commission,’’ 445B.700, ‘‘Definitions,’’
445B.705, ‘‘Approved inspector
defined,’’ 445B.710, ‘‘Authorized
inspection station defined,’’ 445B.715,
‘‘Authorized maintenance station
defined,’’ 445B.720, ‘‘Authorized station
defined,’’ 445B.725, ‘‘Commission
defined,’’ 445B.730, ‘‘Evidence of
compliance defined,’’ 445B.735, ‘‘Fleet
station defined,’’ 445B.737, ‘‘Heavyduty motor vehicle defined,’’ 445B.740,
‘‘Light-duty motor vehicle defined,’’
445B.745, ‘‘Motor vehicle defined,’’
445B.747, ‘‘Motor vehicle fuel defined,’’
445B.750, ‘‘Passenger car defined,’’
445B.755, ‘‘Pollution control device
defined,’’ 445B.757, ‘‘Special fuel
defined,’’ 445B.758, ‘‘Used motor
vehicle defined,’’ 445B.759,
‘‘Inapplicability to military tactical
vehicles,’’ 445B.760, ‘‘Authority of
Commission to prescribe standards for
emissions from mobile internal
combustion engines; trimobiles;
standards pertaining to motor vehicles
to be approved by Department of Motor
Vehicles,’’ 445B.765, ‘‘Information
concerning program for control of
emissions from motor vehicles:
Collection, interpretation and
correlation; public inspection,’’
445B.770, ‘‘Regulations of Commission:
Control of emissions from motor
vehicles; program for inspection and
testing of motor vehicles,’’ 445B.775,
‘‘Regulations of Commission:
Requirements for licensing of stations
by Department of Motor Vehicles,’’
445B.780, ‘‘Program for regulation of
emissions from heavy-duty motor
vehicles; equipment used to measure
emissions; waiver from requirements of
program,’’ 445B.785, ‘‘Regulations of
Department of Motor Vehicles:
Licensing of stations; performance of
inspection and issuance of evidence of
compliance; diagnostic equipment; fee,
bond or insurance; informational
pamphlet; distribution,’’ 445B.790,
‘‘Regulations concerning inspection of
stations; grounds for denial, suspension
or revocation of license of inspector or
station,’’ 445B.795, ‘‘Compulsory
program for control of emissions:
Limitations,’’ 445B.798, ‘‘Authority of
Department of Motor Vehicles, in larger
counties, to conduct test of emissions
from motor vehicle being operated on
highway,’’ 445B.800, ‘‘Evidence of
compliance: Requirements for
registration, sale or long-term lease of
used vehicles in certain counties,’’
445B.805, ‘‘Evidence of compliance:
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38129
Exemptions from requirements,’’
445B.810, ‘‘State Department of
Conservation and Natural Resources to
provide assistance,’’ 445B.815,
‘‘Evidence of compliance: Duty of
employees and agents of Department of
Motor Vehicles; submission by owner or
lessee of fleet,’’ 445B.820, ‘‘Installation
and inspection of pollution control
device,’’ 445B.825, ‘‘Exemption of
certain classes of motor vehicles; waiver
from provisions of NRS 445B.770 to
445B.815, inclusive,’’ 445B.830, ‘‘Fees
to be paid to Department of Motor
Vehicles; Pollution Control Account;
expenditure of money in Account;
quarterly distributions to local
governments; annual reports by local
governments; grants; creation and duties
of advisory committee; submission and
approval of proposed grants,’’ 445B.832,
‘‘Surcharge for electronic transmission
of information: Authority to impose;
inclusion as separate entry on form
certifying emission control compliance;
definition,’’ 445B.834, ‘‘Additional fee
for form certifying emission control
compliance: Retention of portion of fee
by station performing inspection;
definition,’’ 445B.835, ‘‘Administrative
fine; hearing; additional remedies to
compel compliance,’’ 445B.840,
‘‘Unlawful acts,’’ and 445B.845,
‘‘Criminal penalty; enforcement of
provisions by peace officer; mitigation
of offense;’’ chapter 481, sections
481.019, ‘‘Creation; powers and duties,’’
481.023, ‘‘Administration of laws by
Department; exceptions,’’ 481.027,
‘‘General functions of Department of
Motor Vehicles and Department of
Transportation respecting state
highways,’’ 481.031, ‘‘Office of Director
of Department created,’’ 481.035,
‘‘Director of Department: Appointment;
classification; other employment
prohibited; employment of deputies and
staff,’’ 481.047, ‘‘Appointment of
personnel,’’ 481.0473, ‘‘Divisions of
Department,’’ 481.0475, ‘‘Duties of
Administrative Services Division,’’
481.048, ‘‘Division of Compliance
Enforcement: Appointment and duties
of investigators,’’ 481.0481, ‘‘Section for
Control of Emissions From Vehicles and
Enforcement of Matters Related to Use
of Special Fuel: Creation; appointment
and duties of investigators, officers and
technicians,’’ 481.051, ‘‘Powers and
duties of Director: Generally,’’ 481.0515,
‘‘Powers and duties of Director:
References to names of persons in
documents and records,’’ 481.052,
‘‘Powers and duties of Director:
Adoption of definition of ‘seasonal
resident’ by regulation,’’ 481.0535,
‘‘Powers and duties of Director:
Expenditure of appropriations to assist
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certain entities to purchase and obtain
evidence; receipt and safekeeping of
money,’’ 481.055, ‘‘Department to keep
main office in Carson City; maintenance
of branch offices,’’ 481.057, ‘‘Offices of
Department: Extended hours of
operation,’’ 481.063, ‘‘Collection and
deposit of fees for publications of
Department and private use of files and
records of Department; limitations on
release and use of files and records;
regulations,’’ 481.065, ‘‘Acceptance of
donations for programs for traffic
safety,’’ 481.079, ‘‘Money collected to be
deposited in Motor Vehicle Fund;
exception; dishonored payments;
adjustment of deposits,’’ 481.081,
‘‘Arrearage in tax, fee or assessment
administered by Department:
Department authorized to file certificate;
certificate as lien; extension of lien,’’
481.082, ‘‘Arrearage in tax, fee or
assessment administered by
Department: Release or subordination of
lien; certificate issued by Department as
conclusive evidence,’’ 481.083, ‘‘Money
for administration of chapter; claims,’’
and 481.087, ‘‘Administrative expenses
deemed cost of administration of
operation of motor vehicles on public
highways;’’ chapter 482, sections
482.029, ‘‘Electric personal assistive
mobility device defined,’’ 482.155,
‘‘Enforcement of provisions of chapter
by Department, its officers and peace
officers,’’ 482.160, ‘‘Administrative
regulations; branch offices; appointment
of agents and designation of county
assessor as agent; compensation of
certain agents,’’ 482.162, ‘‘Department
to adopt regulations setting forth criteria
for determination of whether person is
farmer or rancher; presentation of
evidence to Department,’’ 482.165,
‘‘Director to provide forms,’’ 482.170,
‘‘Records of Department concerning
registration and licensing,’’ 482.171,
‘‘List of registered owners to be
provided for selection of jury;
reimbursement of Department,’’
482.173, ‘‘Schedule for retention and
disposition of certain records of
Department,’’ 482.175, ‘‘Validity of
registration: Powers and duties of
Department and registered dealers,’’
482.180, ‘‘Motor Vehicle Fund:
Creation: deposits; interest and income;
dishonored payments; distribution of
money collected for basic governmental
services tax; transfers,’’ 482.1805,
‘‘Revolving Account for Issuance of
Special License Plates: Creation; deposit
of certain fees; use of money in
Account; transfer of excess balance to
State Highway Fund,’’ 482.181,
‘‘Governmental services taxes:
Certification of amount collected each
month; distribution,’’ 482.183, ‘‘Motor
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16:15 Jul 02, 2008
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Vehicle Revolving Account: Creation;
use; deposits,’’ 482.186, ‘‘Certain
odometers deemed to register mileage
reflected on odometer plus 100,000
miles,’’ 482.187, ‘‘Department
authorized to enter into written
agreements for periodic payment of
delinquent taxes or fees; regulations,’’
482.188, ‘‘Waiver of penalty or interest
for failure timely to file return or pay
tax, penalty or fee in certain
circumstances,’’ 482.205, ‘‘Registration
required for certain vehicles,’’ 482.206,
‘‘Periods of registration for motor
vehicles; exceptions,’’ 482.208,
‘‘Registration of leased vehicles by longterm lessor or long-term lessee,’’
482.210, ‘‘Exemptions from
registration,’’ 482.215, ‘‘Application for
registration,’’ 482.216, ‘‘Department may
authorize new vehicle dealer to accept
applications for registration and transfer
of registration of new motor vehicles
and to issue certificates of registration;
duties of dealer; prohibited acts;
regulations,’’ 482.220, ‘‘Application for
specially constructed, reconstructed,
rebuilt or foreign vehicle; certificate of
inspection; charge for inspection,’’
482.225, ‘‘Collection of sales or use tax
upon application for registration of
certain vehicles purchased outside this
State; payment of all applicable taxes
and fees required for registration; refund
of tax erroneously or illegally
collected,’’ 482.230, ‘‘Grounds requiring
refusal of registration,’’ 482.235,
‘‘Registration indexes and records;
assignment of registration number by
registered dealer,’’ 482.240, ‘‘Issuance of
certificates of registration and title by
Department or registered dealer; period
of validity of certificate,’’ 482.245,
‘‘Contents of certificates of registration
and title,’’ 482.255, ‘‘Placement of
certificate of registration; surrender
upon demand of peace officer, justice of
the peace or deputy of Department;
limitation on conviction,’’ 482.260,
‘‘Duties of Department of Motor
Vehicles and its agents relative to
registration of vehicle; issuance of
certificate of title; fees and taxes,’’
482.265, ‘‘License plates issued upon
registration; stickers, tabs or other
devices issued upon renewal of
registration; return of plates; fee for and
limitations on issuance of special
license plates,’’ 482.266, ‘‘Manufacture
of license plates substantially similar to
license plates issued before January 1,
1982: Written request; fee; delivery;
duties of Department; retention of old
plates authorized if requested plates
contain same letters and numbers,’’
482.267, ‘‘License plates: Production at
facility of Department of Corrections,’’
482.268, ‘‘License plates: Additional fee
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for issuance; deposit of fee,’’ 482.270,
‘‘License plates: General specifications;
redesign; configuration of special
license plates designed, prepared and
issued pursuant to process of direct
application and petition,’’ 482.2703,
‘‘License plates: Samples; form; fee;
penalty,’’ 482.2705, ‘‘License plates:
Passenger cars and trucks,’’ 482.271,
‘‘License plates: Decals; fees,’’ 482.2715,
‘‘License plates: Registrant entitled to
maintain code if continuously renewed;
exceptions; issuance of replacement
plates with same code after expiration of
registration; fee,’’ 482.2717, ‘‘License
plates to be issued to automobile
wreckers and operators of salvage
pools,’’ 482.272, ‘‘License plates:
Motorcycles,’’ 482.274, ‘‘License plates:
Trailers,’’ 482.275, ‘‘License plates:
Display,’’ 482.280, ‘‘Expiration and
renewal of registration,’’ 482.2805,
‘‘Department not to renew registration if
local authority has filed notice of
nonpayment pursuant to NRS 484.444;
fee for service performed by
Department,’’ 482.2807, ‘‘Requirements
for registration if local government has
filed notice of nonpayment pursuant to
NRS 484.444,’’ 482.281, ‘‘Authority of
Department of Motor Vehicles to allow
authorized inspection station or
authorized station to renew certificates
of registration; adoption of regulations,’’
482.283, ‘‘Change of name or place of
residence: Notice to Department
required; timing and contents of
notice,’’ 482.285, ‘‘Certificates, decals
and number plates: Illegibility, loss,
mutilation or theft; obtaining of
duplicates or substitutes; fees and
taxes,’’ 482.290, ‘‘Assignment and
recording of new number for
identification of vehicle if old number
destroyed or obliterated; fee; penalty for
willful defacement, alteration,
substitution or removal of number with
intent to defraud,’’ 482.385,
‘‘Registration of vehicle of nonresident
owner not required; exceptions;
registration of vehicle by person upon
becoming resident of this State; penalty;
taxes and fees; surrender or nonresident
license plates and registration
certificate; citation for violation,’’
482.461 ‘‘Failure of mandatory test of
emissions from engines; notification;
cost of inspection,’’ 482.565,
‘‘Administrative fines for violations
other than deceptive trade practices;
injunction or other appropriate remedy;
enforcement proceedings;’’ and chapter
484, sections 484.101, ‘‘Passenger car
defined,’’ 484.644, ‘‘Device for control
of pollution: Use required;
disconnection or alteration prohibited;
exceptions,’’ and 484.6441, ‘‘Device for
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control of pollution: Penalty; proof of
conformity may be required.’’
(2) New or amended rules related to
mobile sources, including Nevada’s
vehicle inspection and maintenance
program in Las Vegas Valley/Boulder
City and Truckee Meadows: Nevada
Administrative Code, chapter 445B
(January 2007 revision by the Legislative
Counsel Bureau), sections 445B.400,
‘‘Scope,’’ 445B.401, ‘‘Definitions,’’
445B.403, ‘‘Approved inspector
defined,’’ 445B.4045, ‘‘Authorized
inspection station defined,’’ 445B.405,
‘‘Authorized station defined,’’ 445B.408,
‘‘Carbon monoxide defined,’’ 445B.409,
‘‘Certificate of compliance defined,’’
445B.4092, ‘‘Certified on-board
diagnostic system defined,’’ 445B.4096,
‘‘Class 1 approved inspector defined,’’
445B.097, ‘‘Class 1 fleet station
defined,’’ 445B.098, ‘‘Class 2 approved
inspector defined,’’ 445B.4099, ‘‘Class 2
fleet station defined,’’ 445B.410, ‘‘CO2
defined,’’ 445B.411, ‘‘Commission
defined,’’ 445B.413, ‘‘Department
defined,’’ 445B.415, ‘‘Director defined,’’
445B.416, ‘‘Emission defined,’’
445B.418, ‘‘EPA defined,’’ 445B.419,
‘‘Established place of business defined,’’
445B.420, ‘‘Evidence of compliance
defined,’’ 445B.421, ‘‘Exhaust emissions
defined,’’ 445B.422, ‘‘Exhaust gas
analyzer defined,’’ 445B.424, ‘‘Fleet
station defined,’’ 445B.4247, ‘‘Gross
vehicle weight rating defined,’’
445B.426, ‘‘Heavy-duty motor vehicle
defined,’’ 445B.427, ‘‘Hydrocarbon
defined,’’ 445B.428, ‘‘Hz defined,’’
445B.432, ‘‘Light-duty motor vehicle
defined,’’ 445B.433, ‘‘Mini motor home
defined,’’ 445B.434, ‘‘Motor home
defined,’’ 445B.435, ‘‘Motor vehicle
defined,’’ 445B.440, ‘‘New motor
vehicle defined,’’ 445B.442, ‘‘Opacity
defined,’’ 445B.443, ‘‘Person defined,’’
445B.444, ‘‘ppm defined,’’ 445B.449,
‘‘Smoke defined,’’ 445B.450, ‘‘Special
mobile equipment defined,’’ 445B.451,
‘‘Standard defined,’’ 445B.4515, ‘‘State
electronic data transmission system
defined,’’ 445B.452, ‘‘Tampering
defined,’’ 445B.4525, ‘‘Test station
defined,’’ 445B.453, ‘‘Truck defined,’’
445B.454, ‘‘Used motor vehicle
defined,’’ 445B.455, ‘‘Van conversion
defined,’’ 445B.4553, ‘‘Vehicle
inspection report defined,’’ 445B.4556,
‘‘Vehicle inspection report number
defined,’’ 445B.456, ‘‘Severability,’’
445B.460, ‘‘Test station: License
required to operate; expiration of
license; ratings; performance of certain
services; prohibited acts; location,’’
445B.461, ‘‘Compliance by Federal
Government, state agencies and political
subdivisions,’’ 445B.462, ‘‘Test station:
Application for license to operate;
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inspection of premises; issuance of
license,’’ 445B.463, ‘‘Test station:
Grounds for denial, revocation or
suspension of license; reapplication;
permanent revocation of license,’’
445B.464, ‘‘Test station: Hearing
concerning denial, suspension or
revocation of license,’’ 445B.465,
‘‘Authorized station or authorized
inspection station: Requirements for
bond or deposit,’’ 445B.466,
‘‘Authorized station or authorized
inspection station: Liability under bond
or deposit; suspension and
reinstatement of licenses,’’ 445B.467,
‘‘Authorized station or authorized
inspection station: Disbursement,
release or refund of bond or deposit,’’
445B.468, ‘‘Authorized stations and
authorized inspection stations: Scope of
coverage of bond or deposit,’’ 445B.469,
‘‘Authorized station or authorized
inspection station: Posting of signs and
placards,’’ 445B.470, ‘‘Test station:
Display of licenses; availability of
reference information,’’ 445B.471, ‘‘Test
station: Advertising; provision by
Department of certain informational
material for public,’’ 445B.472, ‘‘Test
station: Records of inspections and
repairs; inspection of place of business;
audit of exhaust gas analyzers,’’
445B.473, ‘‘Test station: Notice of
wrongfully distributed or received
vehicle inspection reports; inventory of
vehicle inspection reports,’’ 445B.474,
‘‘Test station: Failure to employ
approved inspector,’’ 445B.475,
‘‘Authorized station or class 2 fleet
station: Requirements for employees,’’
445B.476, ‘‘Test station: Willful failure
to comply with directive; suspension of
license; reapplication after revocation of
license,’’ 445B.478, ‘‘Fleet station:
Licensing; powers and duties,’’
445B.480, ‘‘Test station: Requirements
concerning business hours,’’ 445B.485,
‘‘Prerequisites to licensing,’’ 445B.486,
‘‘Examination of applicants for
licensing,’’ 445B.487, ‘‘Denial of
license,’’ 445B.489, ‘‘Grounds for denial,
suspension or revocation of license,’’
445B.490, ‘‘Hearing on suspension or
revocation of license,’’ 445B.491,
‘‘Temporary suspension or refusal to
renew license,’’ 445B.492, ‘‘Duration of
suspension; surrender of license,’’
445B.493, ‘‘Limitation on reapplication
after revocation or denial or license;
surrender of revoked license; permanent
revocation of license,’’ 445B.495,
‘‘Contents of license,’’ 445B.496,
‘‘Expiration of license,’’ 445B.497,
‘‘Requirements for renewal of license,’’
445B.498, ‘‘Performance of emission
inspection without license prohibited;
expiration of license; license ratings,’’
445B.4983, ‘‘Issuance of access code to
PO 00000
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Fmt 4700
Sfmt 4700
38131
approved inspector; use of access code
and identification number,’’ 445B.4985,
‘‘Violations,’’ 445B.499, ‘‘Fees,’’
445B.501, ‘‘Report of change in place of
employment or termination of
employment,’’ 445B.502, ‘‘Submission
of certificate of employment to report
change,’’ 445B.5049, ‘‘Connection to
state electronic data transmission
system,’’ 445B.505, ‘‘Availability of list
of approved analyzers and their
specifications,’’ 445B.5052, ‘‘Approved
analyzer: Use and equipment;
deactivation by Department,’’
445B.5055, ‘‘Revocation of approval of
analyzer,’’ 445B.5065, ‘‘Manufacturer of
approved analyzer: Required warranty,’’
445B.5075, ‘‘Manufacturer of approved
analyzer: Required services;
administrative fine for violations,’’
445B.575, ‘‘Device to control pollution:
General requirement; alteration or
modification,’’ 445B.576, ‘‘Vehicles
powered by gasoline or diesel fuel:
Restrictions on visible emissions and on
idling of diesel engines,’’ 445B.577,
‘‘Devices used on stationary rails:
Restrictions on visible emissions,’’
445B.578, ‘‘Exceptions to restrictions on
visible emissions,’’ 445B.579,
‘‘Inspection of vehicle: Devices for
emission control required,’’ 445B.580,
‘‘Inspection of vehicle: Procedure for
certain vehicles with model year of 1995
or older and heavy-duty vehicles with
model year of 1996 or newer,’’
445B.5805, ‘‘Inspection of vehicle:
Procedure for light-duty vehicles with
model year of 1996 or newer,’’
445B.581, ‘‘Inspection of vehicle: Place
and equipment for performance,’’
445B.5815, ‘‘Inspection of vehicle:
Certified on-board diagnostic systems,’’
445B.582, ‘‘Repair of vehicle;
reinspection or testing,’’ 445B.583,
‘‘Evidence of compliance: Purpose;
records,’’ 445B.584, ‘‘Evidence of
compliance: Purchase of vehicle
inspection report numbers,’’ 445B.585,
‘‘Evidence of compliance: Issuance by
approved inspector,’’ 445B.586,
‘‘Evidence of compliance: Return of
fee,’’ 445B.587, ‘‘Test of light-duty
motor vehicles powered by diesel
engines: Equipment for measurement of
smoke opacity,’’ 445B.588, ‘‘Testing of
light-duty motor vehicles powered by
diesel engines: List of approved
equipment,’’ 445B.589, ‘‘Testing of
light-duty motor vehicles powered by
diesel engines: Procedure; certificate of
compliance; effect of failure; lack of
proper fuel cap,’’ 445B.5895,
‘‘Dissemination of list of authorized
stations,’’ 445B.590, ‘‘Waiver of
standards for emissions,’’ 445B.591,
‘‘Form for registration of vehicle in area
where inspection of vehicle not
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03JYR1
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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations
required,’’ 445B.5915, ‘‘Requirements
for registration of vehicle temporarily
being used and maintained in another
state,’’ 445B.592, ‘‘Applicability of
certain standards for emissions and
other requirements,’’ 445B.593,
‘‘Evidence of compliance required for
certain vehicles based in Clark County,’’
445B.594, ‘‘Evidence of compliance
required for certain vehicles based in
Washoe County,’’ 445B.595 (excluding
subsection(2)), ‘‘Inspections of vehicles
owned by State or political subdivisions
or operated on federal installations,’’
445B.596, ‘‘Standards for emissions,’’
445B.598, ‘‘Imposition and statement of
fee for inspection and testing; listing of
stations and fees,’’ 445B.599,
‘‘Prescription and notice of maximum
fees for inspections and testing,’’
445B.600, ‘‘Procedure for setting new
fee,’’ 445B.601, ‘‘Concealment of
emissions prohibited,’’ 445B.6115,
‘‘Exemption of vehicle from certain
provisions,’’ 445B.6125, ‘‘Certification
of vehicle for exemption,’’ 445B.7015,
‘‘Annual and additional inspections,’’
445B.7025, ‘‘Alteration of emission
control system of vehicle used to
conduct inspection,’’ 445B.7035,
‘‘Preliminary written notice of violation;
reinspection of vehicle,’’ 445B.7045,
‘‘Administrative fines and other
penalties for certain violations,’’
445B.727, ‘‘Administrative fines and
other penalties,’’ and 445B.735,
‘‘Program for licensure to install, repair
and adjust devices for control of
emissions.’’
(ii) Additional material.
(A) Nevada Division of Environmental
Protection.
(1) Correspondence dated March 6,
2007 from the Nevada Department of
Motor Vehicles to the Nevada Division
of Environmental Protection describing
an upgrade to the NV2000 emission
analyzer to make emissions testing
possible on motor vehicles containing a
certified on-board diagnostic system
which uses controller area network
communication.
PART 81—[AMENDED]
3. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart C—[Amended]
4. In § 81.329, the table entitled
‘‘Nevada—Carbon Monoxide’’ is
amended by revising the entry for the
Reno area to read as follows:
I
§ 81.329
*
*
Nevada.
*
*
*
NEVADA—CARBON MONOXIDE
Designation
Classification
Designated area
Date 1
*
*
*
Reno Area: Washoe County (part) Truckee Meadows Hydrographic Area 87.
*
1 This
*
*
*
*
August 4, 2008 .......................
*
*
Type
*
*
*
*
Attainment.
*
date is November 15, 1990, unless otherwise noted.
*
*
*
*
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
on the table below.
DATES:
[FR Doc. E8–15015 Filed 7–2–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
ADDRESSES:
Federal Emergency Management
Agency
44 CFR Part 67
Final Flood Elevation Determinations
FOR FURTHER INFORMATION CONTACT:
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
Date 1
Type
SUMMARY: Base (1% annual chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
VerDate Aug<31>2005
16:15 Jul 02, 2008
Jkt 214001
William R. Blanton, Jr., Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Assistant
Administrator of the Mitigation
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
Directorate has resolved any appeals
resulting from this notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This final
rule is not a significant regulatory action
E:\FR\FM\03JYR1.SGM
03JYR1
]]>Agencies
[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Rules and Regulations]
[Pages 38124-38132]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15015]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 81
[EPA-R09-OAR-2007-0561; FRL-8555-1]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is approving 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 approving Nevada's request to redesignate the Truckee Meadows
carbon monoxide nonattainment area to attainment. EPA is deferring
action on the proposal to rescind a provision previously approved in
the plan and related to inspection and maintenance of vehicles operated
on Federal installations. EPA is taking these actions pursuant to those
provisions of the
[[Page 38125]]
Clean Air Act that obligate the Agency to take action on submittals of
revisions to state implementation plans and requests for redesignation.
This action makes 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.
DATES: Effective Date: This rule is effective on August 4, 2008.
ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0561 for
this action. The index to the docket is available electronically at
https://www.regulations.gov and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco, California. While all documents in the
docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: 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. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On January 7, 2008 (73 FR 1175), under section 110(k)(3) of the
Clean Air Act, as amended in 1990 (CAA or ``Act''), EPA proposed 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 proposed 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 Originally adopted Submitted on Apr.
of Health Regulations on Dec. 21, 1988 14, 1991; re-
Governing Air Quality and amended on Apr. submitted as
Management, section 040.095 18, 1990; amended amended on Nov. 13,
(``Oxygen content of motor on Sept. 23, 1992; 1992; re-submitted
vehicle fuel''). amended on Sept. as amended on Nov.
22, 2005. 4, 2005.
State Implementation Plan Regulations adopted June 3, 1994.
for a Basic Program for the at various times by
Inspection and Maintenance the State
of Motor Vehicles for the Environmental
Truckee Meadows Planning Commission and
Area, Nevada (June 1994). Department of Motor
Vehicles but
superseded by SIP
revision submittal
dated May 11, 2007,
as listed below.
Basic I/M Performance Sept. 28, 2006...... Nov. 2, 2006.
Standard Evaluation.
Nevada Mobile Source SIP, Regulations adopted May 11, 2007.
Update of the Regulatory at various times by
Element (May 11, 2007). 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 proposed 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''). In
our proposed rule, we found that District rule 040.095 fulfills the
requirements of section 211(m) of the Act and applicable EPA
regulations.
We also proposed 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 proposed 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. Among
other items, NDEP's Mobile Source SIP Update contains current I/M-
related statutory provisions, regulations, and updated exhaust gas
analyzer specifications.\1\ Based on our review of the various elements
of the program, we proposed to approve the basic I/M program for
Truckee Meadows as meeting the requirements of CAA section 187(a)(4)
and our implementing regulations, including the ``basic'' performance
standard that applies to ``moderate'' CO nonattainment areas with
design values less than 12.7 ppm (such as Truckee Meadows).
---------------------------------------------------------------------------
\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 proposed no action on submitted rule Nevada
Administrative Code (NAC) subsection 445B.595(2) (``NAC 445B.595(2)''),
which relates to State I/M requirements for motor vehicles operated on
Federal
[[Page 38126]]
installations located within I/M areas, because of sovereign immunity
concerns. Furthermore, we proposed, under CAA section 110(k)(6), to
rescind our previous approval of NAC 445B.595(2) into the Nevada SIP in
2004 because we believed that we had approved it in error, also on the
grounds of sovereign immunity. For the reasons given below in response
to NDEP's comments on our proposal, we are separating our actions on
NAC 445B.595(2) (i.e., both the proposed ``no action'' on the submitted
rule (and current codification of) NAC 445B.595(2) and the proposed
correction) from the rest of the actions proposed on January 7, 2008
and intend to re-propose action on NAC 445B.595(2) in a future Federal
Register document.
In our January 7, 2008 proposed rule, we proposed to approve NDEP's
SIP revision submittal (dated November 4, 2005) of 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 District on September 22, 2005. In connection
with our proposed approval of the Truckee Meadows CO Maintenance Plan,
we proposed to approve 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
found that the Truckee Meadows CO Maintenance Plan meets the
requirements for maintenance plans under section 175A of the Act.
Lastly, based on our evaluation of the various SIP requirements and
submittals discussed above, we concluded that, upon our final approval
of the SIP submittals evaluated in the proposed rule, the State will
have met all section 110 and part D requirements that apply to the
Truckee Meadows moderate CO nonattainment area and thereby satisfied
the criteria for redesignation under CAA section 107(d)(3)(E) and
proposed to approve the State's request (dated November 4, 2005) for
redesignation of Truckee Meadows to attainment accordingly.\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 proposed to approve the first and second of the
three measures in our January 7, 2008 proposed rule. We approved the
third measure (the residential wood combustion rule) in a separate
document in 2007. See 72 FR 33397 (June 18, 2007). In our proposed
rule, we indicated that we would not finalize the redesignation
until we take final action approving the oxygenated gasoline rule
and the I/M program. In today's action, we are finalizing approvals
of both the oxygenated gasoline rule and the I/M program, thereby
fulfilling a prerequisite to the final redesignation action which we
are also taking today. Also, for reasons set forth in the proposed
rule, 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.
---------------------------------------------------------------------------
Please see the proposed rule for additional information on the
various SIP revision submittals and the redesignation request and on
our corresponding evaluation and rationale for proposed action.
II. Public Comments
EPA's January 7, 2008 proposed rule provided a 30-day public
comment period. Comments were received from the Air Quality Management
Division (AQMD) of the Washoe County District Health Department, the
Nevada Division of Environmental Protection (NDEP), and the Western
States Petroleum Association (WSPA). Responses to the comments from
each entity are provided below.
Comment #1: By letter dated January 23, 2008, AQMD notes that,
since adoption of the maintenance plan, EPA has reorganized the rules
in 40 CFR part 58 and relocated the requirements for annual assessments
of monitoring networks from 40 CFR 58.20(d) to 58.10, and that the
maintenance plan refers in two places to the former rather than the
latter.
Response #1: AQMD is correct. EPA has relocated the requirements
for annual assessments of monitoring networks from 40 CFR 58.20 to
58.10. We encourage AQMD to include the updated regulatory reference in
any subsequent maintenance plan for the area.
Comment #2: By letter dated January 30, 2008, NDEP requests a 30-
day extension of the comment period to assess the implications of EPA's
proposed rescission, under CAA section 110(k)(6) error correction
authority, of a previously approved provision related to inspection and
maintenance (I/M) of vehicles operated on Federal installations (i.e.,
NAC 445B.595(2)). By letter dated January 31, 2008, NDEP withdraws its
request for an extension of the public comment period with respect to
all aspects of EPA's January 7, 2008 proposal except for the proposed
rescission action (related to I/M for vehicles operated on Federal
installations) and requests instead that EPA act separately on the
rescission aspect of the proposal. By e-mail dated February 1, 2008 and
then by letter dated February 4, 2008, NDEP restates its amended
request from January 31, 2008 but specifically conditions withdrawal of
the extension request upon EPA's removal of the proposed CAA section
110(k)(6) action to rescind NAC 445B.595(2) from the rest of the
January 7, 2008 proposed action.
Response #2: NDEP's initial letter dated January 30, 2008 led to
EPA's reconsideration of the basis for EPA's proposed rescission of NAC
445B.595(2) and related ``no action'' proposal for the 2007
codification of the subject rule. On the basis of that reconsideration,
EPA intends to re-propose action on NAC 445B.595(2) in a separate
Federal Register document but to otherwise finalize the January 7, 2008
action as proposed.
Comment #3: By letter submitted on February 6, 2008, WSPA supports
the redesignation of the Truckee Meadows nonattainment area as an
attainment area for CO, but objects to the inclusion of the Washoe
County wintertime oxygenated gasoline requirement in the Truckee
Meadows CO maintenance plan. WSPA cites the results of a 2005 study
commissioned by WSPA (and submitted with the comment letter), and more
recent study results, as support for the proposition that elimination
of the oxygenated fuel requirements in Washoe County would have little
impact on ambient CO concentrations in 2006 and beyond and would not
threaten compliance with the CO NAAQS particularly given the low
ambient CO concentrations measured in Washoe County in recent years and
declining trend in CO emissions. WSPA concludes that the oxygenated
gasoline program has outlived its usefulness. In WSPA's view,
continuation of the Washoe County wintertime oxygenated gasoline
requirement places an unnecessary logistical burden on gasoline
suppliers, which could lead to adverse supply impacts and possible
market volatility. WSPA draws further support from the experiences in
other areas in the country that have rescinded their oxygenated
gasoline programs without triggering any CO NAAQS violations. Lastly,
WSPA requests that EPA remove the Washoe County wintertime oxygenated
gasoline requirement as a control measure in the Truckee Meadows CO
maintenance plan for the years 2006 through 2016 but registers no
objection to the requirement being included in the maintenance plan as
a contingency measure.
Response #3: The Clean Air Act assigns to the states initial and
primary responsibility for formulating a plan to achieve the NAAQS. It
is up to the state to prepare state implementation plans
[[Page 38127]]
which contain specific pollution control measures. EPA's
responsibilities under the CAA are qualitatively different from those
of the state agency. The EPA is charged with reviewing and approving or
disapproving the enforceable implementation plans prepared by states
and other political subdivisions identified in the statute. It is not
EPA's role to disapprove the State choice of control strategies if that
strategy will result in attainment or continued maintenance of the
NAAQS, and meets all other applicable statutory requirements. See Union
Electric Co. v. EPA, 427 U.S. 246 (1976); Train v. NRDC, 421 U.S. 60
(1975). EPA's role in reviewing SIP submissions is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Federal inquiry into the reasonableness of state action is not allowed
under the Act (see Union Electric Co. v. EPA, 427 U.S. 246, 255-266
(1976); CAA section 110(a)(2)). Under section 116 of the CAA, with
certain exceptions not relevant here, a State retains the right to
adopt and enforce any requirement respecting control or abatement of
air pollution, including more stringent emissions standards and
limitations.
For the reasons set forth in the proposed rule (see 73 FR 1175, at
1178-1179), we find that the District's wintertime gasoline oxygen
content requirements (i.e., District Rule 040.095) meet applicable CAA
criteria, including public notice and hearing prior to adoption and
submittal, as well as the substantive criteria of section 211(m) and
meet applicable EPA regulations. WSPA does not object to our finding
that the District's requirements meet applicable CAA criteria and
applicable EPA regulations, but rather WSPA contends that the rule is
no longer needed for maintenance of the CO NAAQS in Truckee Meadows.
However, for the reasons set forth above, we do not have the authority
to disapprove the District's choice (endorsed by the applicable State
agency, NDEP) to include the wintertime oxygenated gasoline requirement
as part of their CO maintenance strategy on such grounds. If NDEP and
the District choose to revise the SIP to suspend implementation of the
wintertime oxygenated gasoline requirement and to adopt the requirement
as a contingency measure, they may do so with a demonstration that the
area would continue to maintain the CO NAAQS without the benefit of the
related emissions reductions, subject to compliance with CAA procedural
requirements and subject to EPA approval.
III. EPA Action
As authorized under section 110(k) of the Act, and for the reasons
summarized in section I of this document and, in greater detail, in our
proposed rule, EPA is approving 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 and is
approving a maintenance plan under section 175A of the Act. EPA is also
approving, under section 107(d)(3) of the Act, NDEP's request to
redesignate Truckee Meadows to attainment for the CO NAAQS. Our
specific approvals are as follows:
First, we are approving the local oxygenated gasoline regulation,
District Rule 040.095, as amended on September 22, 2005) as fulfilling
the requirements of section 211(m) of the CAA.
Second, we are approving 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
approving 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, 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, MOBILE5.0a emissions modeling, 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 Truckee Meadows planning area, submitted on November 2, 2006;
and
(iii) Current Nevada mobile source statutory and regulatory
provisions and rules, including those related to I/M, and updated
exhaust gas analyzer (NV2000) specifications, submitted by NDEP on May
11, 2007.\3\ The current Nevada mobile source statutory provisions and
regulations, including those related to I/M, that we are approving are
as follows:
---------------------------------------------------------------------------
\3\ Our approval of the May 11, 2007 SIP revision submittal
updates and supersedes the statutory and regulatory portion of
Nevada's mobile source SIP (excluding the rules establishing fuels
specifications, alternative fuels programs for government vehicles,
and any local rules related to mobile sources) and updates the
exhaust gas analyzer specifications as approved in 2004 for the
State's I/M program in Las Vegas and Boulder City. Superseded
provisions include 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), with
the exception of NAC 445B.595(2) which is being retained in the
Nevada SIP at this time.
---------------------------------------------------------------------------
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.
Third, we are approving 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, as meeting the
requirements of CAA section 175A.
In connection with our approval of 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 that establish a 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
[[Page 38128]]
the Truckee Meadows area 8 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.
Fourth, under section 107(d)(3), we are approving 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; \4\ and
---------------------------------------------------------------------------
\4\ With respect to this criterion, we find that we need not
fully approve either the District's nonattainment new source review
rules or conformity rules as a pre-condition to redesignation of
Truckee Meadows to attainment for the CO NAAQS.
---------------------------------------------------------------------------
As described above, we are approving the Truckee Meadows
CO Maintenance Plan as meeting the requirements of CAA section 175A.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements. Accordingly, the Administrator certifies
that this rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). Because this rule approves pre-existing
requirements under state law and does not impose any additional
enforceable duty, it does not contain any unfunded mandate or
significantly or uniquely affects small governments, as described in
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves state law
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 2, 2008. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects
40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air pollution control, National parks,
Wilderness areas.
Dated: April 2, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.
0
Chapter I, title 40 of the Code of Federal Regulations is amended as
follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. Section 52.1470 is amended by adding paragraphs (c)(68), (c)(69),
(c)(70) and (c)(71) to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(68) The following plan revision was submitted on June 3, 1994 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) State Implementation Plan for a Basic Program for the
Inspection and Maintenance of Motor Vehicles for the
[[Page 38129]]
Truckee Meadows Planning Area, Nevada (June 1994), including the cover
page through page 9.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) State Implementation Plan for a Basic Program for the
Inspection and Maintenance of Motor Vehicles for the Truckee Meadows
Planning Area, Nevada (June 1994), appendix 1, appendix 2 (only the
certificate of compliance and Nevada attorney general's opinion), and
appendices 3, 6, 8, and 10.
(69) The following plan revision was submitted on November 4, 2005
by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Rule 040.095, ``Oxygen content of motor vehicle fuel,'' revised
on September 22, 2005.
(i) Washoe County District Board of Health Meeting, September 22,
2005, Public Hearing--Amendments--Washoe County District Board of
Health Regulations Governing Air Quality Management; to Wit: Rule
040.095 (Oxygen Content of Motor Vehicle Fuel).
(2) Redesignation Request and Maintenance Plan for the Truckee
Meadows Carbon Monoxide Non-Attainment Area (September 2005), excluding
appendices B, C, and D.
(70) The following plan revision was submitted on November 2, 2006
by the Governor's designee.
(i) Incorporation by reference.
(A) Washoe County District Health Department.
(1) Basic I/M Performance Standard, excluding appendices A through
D.
(i) Washoe County District Board of Health Meeting, September 28,
2006, Public Hearing--State Implementation Plan (SIP)--``Basic
Program--Inspection and Maintenance (I/M) of Motor Vehicles--Truckee
Meadows Planning Area, Nevada;'' to Wit: Basic Inspection and
Maintenance (I/M) Performance Standard.
(ii) Additional material.
(A) Washoe County District Health Department.
(1) Basic I/M Performance Standard, appendices A through D.
(71) The following plan revision was submitted on May 11, 2007 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas
Valley/Boulder City and Truckee Meadows: Nevada Revised Statutes
(2005), chapter 365, section 365.060, ``Motor vehicle fuel defined;''
chapter 366, section 366.060, ``Special fuel defined;'' chapter 445B,
sections 445B.210, ``Powers of Commission,'' 445B.700, ``Definitions,''
445B.705, ``Approved inspector defined,'' 445B.710, ``Authorized
inspection station defined,'' 445B.715, ``Authorized maintenance
station defined,'' 445B.720, ``Authorized station defined,'' 445B.725,
``Commission defined,'' 445B.730, ``Evidence of compliance defined,''
445B.735, ``Fleet station defined,'' 445B.737, ``Heavy-duty motor
vehicle defined,'' 445B.740, ``Light-duty motor vehicle defined,''
445B.745, ``Motor vehicle defined,'' 445B.747, ``Motor vehicle fuel
defined,'' 445B.750, ``Passenger car defined,'' 445B.755, ``Pollution
control device defined,'' 445B.757, ``Special fuel defined,'' 445B.758,
``Used motor vehicle defined,'' 445B.759, ``Inapplicability to military
tactical vehicles,'' 445B.760, ``Authority of Commission to prescribe
standards for emissions from mobile internal combustion engines;
trimobiles; standards pertaining to motor vehicles to be approved by
Department of Motor Vehicles,'' 445B.765, ``Information concerning
program for control of emissions from motor vehicles: Collection,
interpretation and correlation; public inspection,'' 445B.770,
``Regulations of Commission: Control of emissions from motor vehicles;
program for inspection and testing of motor vehicles,'' 445B.775,
``Regulations of Commission: Requirements for licensing of stations by
Department of Motor Vehicles,'' 445B.780, ``Program for regulation of
emissions from heavy-duty motor vehicles; equipment used to measure
emissions; waiver from requirements of program,'' 445B.785,
``Regulations of Department of Motor Vehicles: Licensing of stations;
performance of inspection and issuance of evidence of compliance;
diagnostic equipment; fee, bond or insurance; informational pamphlet;
distribution,'' 445B.790, ``Regulations concerning inspection of
stations; grounds for denial, suspension or revocation of license of
inspector or station,'' 445B.795, ``Compulsory program for control of
emissions: Limitations,'' 445B.798, ``Authority of Department of Motor
Vehicles, in larger counties, to conduct test of emissions from motor
vehicle being operated on highway,'' 445B.800, ``Evidence of
compliance: Requirements for registration, sale or long-term lease of
used vehicles in certain counties,'' 445B.805, ``Evidence of
compliance: Exemptions from requirements,'' 445B.810, ``State
Department of Conservation and Natural Resources to provide
assistance,'' 445B.815, ``Evidence of compliance: Duty of employees and
agents of Department of Motor Vehicles; submission by owner or lessee
of fleet,'' 445B.820, ``Installation and inspection of pollution
control device,'' 445B.825, ``Exemption of certain classes of motor
vehicles; waiver from provisions of NRS 445B.770 to 445B.815,
inclusive,'' 445B.830, ``Fees to be paid to Department of Motor
Vehicles; Pollution Control Account; expenditure of money in Account;
quarterly distributions to local governments; annual reports by local
governments; grants; creation and duties of advisory committee;
submission and approval of proposed grants,'' 445B.832, ``Surcharge for
electronic transmission of information: Authority to impose; inclusion
as separate entry on form certifying emission control compliance;
definition,'' 445B.834, ``Additional fee for form certifying emission
control compliance: Retention of portion of fee by station performing
inspection; definition,'' 445B.835, ``Administrative fine; hearing;
additional remedies to compel compliance,'' 445B.840, ``Unlawful
acts,'' and 445B.845, ``Criminal penalty; enforcement of provisions by
peace officer; mitigation of offense;'' chapter 481, sections 481.019,
``Creation; powers and duties,'' 481.023, ``Administration of laws by
Department; exceptions,'' 481.027, ``General functions of Department of
Motor Vehicles and Department of Transportation respecting state
highways,'' 481.031, ``Office of Director of Department created,''
481.035, ``Director of Department: Appointment; classification; other
employment prohibited; employment of deputies and staff,'' 481.047,
``Appointment of personnel,'' 481.0473, ``Divisions of Department,''
481.0475, ``Duties of Administrative Services Division,'' 481.048,
``Division of Compliance Enforcement: Appointment and duties of
investigators,'' 481.0481, ``Section for Control of Emissions From
Vehicles and Enforcement of Matters Related to Use of Special Fuel:
Creation; appointment and duties of investigators, officers and
technicians,'' 481.051, ``Powers and duties of Director: Generally,''
481.0515, ``Powers and duties of Director: References to names of
persons in documents and records,'' 481.052, ``Powers and duties of
Director: Adoption of definition of `seasonal resident' by
regulation,'' 481.0535, ``Powers and duties of Director: Expenditure of
appropriations to assist
[[Page 38130]]
certain entities to purchase and obtain evidence; receipt and
safekeeping of money,'' 481.055, ``Department to keep main office in
Carson City; maintenance of branch offices,'' 481.057, ``Offices of
Department: Extended hours of operation,'' 481.063, ``Collection and
deposit of fees for publications of Department and private use of files
and records of Department; limitations on release and use of files and
records; regulations,'' 481.065, ``Acceptance of donations for programs
for traffic safety,'' 481.079, ``Money collected to be deposited in
Motor Vehicle Fund; exception; dishonored payments; adjustment of
deposits,'' 481.081, ``Arrearage in tax, fee or assessment administered
by Department: Department authorized to file certificate; certificate
as lien; extension of lien,'' 481.082, ``Arrearage in tax, fee or
assessment administered by Department: Release or subordination of
lien; certificate issued by Department as conclusive evidence,''
481.083, ``Money for administration of chapter; claims,'' and 481.087,
``Administrative expenses deemed cost of administration of operation of
motor vehicles on public highways;'' chapter 482, sections 482.029,
``Electric personal assistive mobility device defined,'' 482.155,
``Enforcement of provisions of chapter by Department, its officers and
peace officers,'' 482.160, ``Administrative regulations; branch
offices; appointment of agents and designation of county assessor as
agent; compensation of certain agents,'' 482.162, ``Department to adopt
regulations setting forth criteria for determination of whether person
is farmer or rancher; presentation of evidence to Department,''
482.165, ``Director to provide forms,'' 482.170, ``Records of
Department concerning registration and licensing,'' 482.171, ``List of
registered owners to be provided for selection of jury; reimbursement
of Department,'' 482.173, ``Schedule for retention and disposition of
certain records of Department,'' 482.175, ``Validity of registration:
Powers and duties of Department and registered dealers,'' 482.180,
``Motor Vehicle Fund: Creation: deposits; interest and income;
dishonored payments; distribution of money collected for basic
governmental services tax; transfers,'' 482.1805, ``Revolving Account
for Issuance of Special License Plates: Creation; deposit of certain
fees; use of money in Account; transfer of excess balance to State
Highway Fund,'' 482.181, ``Governmental services taxes: Certification
of amount collected each month; distribution,'' 482.183, ``Motor
Vehicle Revolving Account: Creation; use; deposits,'' 482.186,
``Certain odometers deemed to register mileage reflected on odometer
plus 100,000 miles,'' 482.187, ``Department authorized to enter into
written agreements for periodic payment of delinquent taxes or fees;
regulations,'' 482.188, ``Waiver of penalty or interest for failure
timely to file return or pay tax, penalty or fee in certain
circumstances,'' 482.205, ``Registration required for certain
vehicles,'' 482.206, ``Periods of registration for motor vehicles;
exceptions,'' 482.208, ``Registration of leased vehicles by long-term
lessor or long-term lessee,'' 482.210, ``Exemptions from
registration,'' 482.215, ``Application for registration,'' 482.216,
``Department may authorize new vehicle dealer to accept applications
for registration and transfer of registration of new motor vehicles and
to issue certificates of registration; duties of dealer; prohibited
acts; regulations,'' 482.220, ``Application for specially constructed,
reconstructed, rebuilt or foreign vehicle; certificate of inspection;
charge for inspection,'' 482.225, ``Collection of sales or use tax upon
application for registration of certain vehicles purchased outside this
State; payment of all applicable taxes and fees required for
registration; refund of tax erroneously or illegally collected,''
482.230, ``Grounds requiring refusal of registration,'' 482.235,
``Registration indexes and records; assignment of registration number
by registered dealer,'' 482.240, ``Issuance of certificates of
registration and title by Department or registered dealer; period of
validity of certificate,'' 482.245, ``Contents of certificates of
registration and title,'' 482.255, ``Placement of certificate of
registration; surrender upon demand of peace officer, justice of the
peace or deputy of Department; limitation on conviction,'' 482.260,
``Duties of Department of Motor Vehicles and its agents relative to
registration of vehicle; issuance of certificate of title; fees and
taxes,'' 482.265, ``License plates issued upon registration; stickers,
tabs or other devices issued upon renewal of registration; return of
plates; fee for and limitations on issuance of special license
plates,'' 482.266, ``Manufacture of license plates substantially
similar to license plates issued before January 1, 1982: Written
request; fee; delivery; duties of Department; retention of old plates
authorized if requested plates contain same letters and numbers,''
482.267, ``License plates: Production at facility of Department of
Corrections,'' 482.268, ``License plates: Additional fee for issuance;
deposit of fee,'' 482.270, ``License plates: General specifications;
redesign; configuration of special license plates designed, prepared
and issued pursuant to process of direct application and petition,''
482.2703, ``License plates: Samples; form; fee; penalty,'' 482.2705,
``License plates: Passenger cars and trucks,'' 482.271, ``License
plates: Decals; fees,'' 482.2715, ``License plates: Registrant entitled
to maintain code if continuously renewed; exceptions; issuance of
replacement plates with same code after expiration of registration;
fee,'' 482.2717, ``License plates to be issued to automobile wreckers
and operators of salvage pools,'' 482.272, ``License plates:
Motorcycles,'' 482.274, ``License plates: Trailers,'' 482.275,
``License plates: Display,'' 482.280, ``Expiration and renewal of
registration,'' 482.2805, ``Department not to renew registration if
local authority has filed notice of nonpayment pursuant to NRS 484.444;
fee for service performed by Department,'' 482.2807, ``Requirements for
registration if local government has filed notice of nonpayment
pursuant to NRS 484.444,'' 482.281, ``Authority of Department of Motor
Vehicles to allow authorized inspection station or authorized station
to renew certificates of registration; adoption of regulations,''
482.283, ``Change of name or place of residence: Notice to Department
required; timing and contents of notice,'' 482.285, ``Certificates,
decals and number plates: Illegibility, loss, mutilation or theft;
obtaining of duplicates or substitutes; fees and taxes,'' 482.290,
``Assignment and recording of new number for identification of vehicle
if old number destroyed or obliterated; fee; penalty for willful
defacement, alteration, substitution or removal of number with intent
to defraud,'' 482.385, ``Registration of vehicle of nonresident owner
not required; exceptions; registration of vehicle by person upon
becoming resident of this State; penalty; taxes and fees; surrender or
nonresident license plates and registration certificate; citation for
violation,'' 482.461 ``Failure of mandatory test of emissions from
engines; notification; cost of inspection,'' 482.565, ``Administrative
fines for violations other than deceptive trade practices; injunction
or other appropriate remedy; enforcement proceedings;'' and chapter
484, sections 484.101, ``Passenger car defined,'' 484.644, ``Device for
control of pollution: Use required; disconnection or alteration
prohibited; exceptions,'' and 484.6441, ``Device for
[[Page 38131]]
control of pollution: Penalty; proof of conformity may be required.''
(2) New or amended rules related to mobile sources, including
Nevada's vehicle inspection and maintenance program in Las Vegas
Valley/Boulder City and Truckee Meadows: Nevada Administrative Code,
chapter 445B (January 2007 revision by the Legislative Counsel Bureau),
sections 445B.400, ``Scope,'' 445B.401, ``Definitions,'' 445B.403,
``Approved inspector defined,'' 445B.4045, ``Authorized inspection
station defined,'' 445B.405, ``Authorized station defined,'' 445B.408,
``Carbon monoxide defined,'' 445B.409, ``Certificate of compliance
defined,'' 445B.4092, ``Certified on-board diagnostic system defined,''
445B.4096, ``Class 1 approved inspector defined,'' 445B.097, ``Class 1
fleet station defined,'' 445B.098, ``Class 2 approved inspector
defined,'' 445B.4099, ``Class 2 fleet station defined,'' 445B.410,
``CO2 defined,'' 445B.411, ``Commission defined,'' 445B.413,
``Department defined,'' 445B.415, ``Director defined,'' 445B.416,
``Emission defined,'' 445B.418, ``EPA defined,'' 445B.419,
``Established place of business defined,'' 445B.420, ``Evidence of
compliance defined,'' 445B.421, ``Exhaust emissions defined,''
445B.422, ``Exhaust gas analyzer defined,'' 445B.424, ``Fleet station
defined,'' 445B.4247, ``Gross vehicle weight rating defined,''
445B.426, ``Heavy-duty motor vehicle defined,'' 445B.427, ``Hydrocarbon
defined,'' 445B.428, ``Hz defined,'' 445B.432, ``Light-duty motor
vehicle defined,'' 445B.433, ``Mini motor home defined,'' 445B.434,
``Motor home defined,'' 445B.435, ``Motor vehicle defined,'' 445B.440,
``New motor vehicle defined,'' 445B.442, ``Opacity defined,'' 445B.443,
``Person defined,'' 445B.444, ``ppm defined,'' 445B.449, ``Smoke
defined,'' 445B.450, ``Special mobile equipment defined,'' 445B.451,
``Standard defined,'' 445B.4515, ``State electronic data transmission
system defined,'' 445B.452, ``Tampering defined,'' 445B.4525, ``Test
station defined,'' 445B.453, ``Truck defined,'' 445B.454, ``Used motor
vehicle defined,'' 445B.455, ``Van conversion defined,'' 445B.4553,
``Vehicle inspection report defined,'' 445B.4556, ``Vehicle inspection
report number defined,'' 445B.456, ``Severability,'' 445B.460, ``Test
station: License required to operate; expiration of license; ratings;
performance of certain services; prohibited acts; location,'' 445B.461,
``Compliance by Federal Government, state agencies and political
subdivisions,'' 445B.462, ``Test station: Application for license to
operate; inspection of premises; issuance of license,'' 445B.463,
``Test station: Grounds for denial, revocation or suspension of
license; reapplication; permanent revocation of license,'' 445B.464,
``Test station: Hearing concerning denial, suspension or revocation of
license,'' 445B.465, ``Authorized station or authorized inspection
station: Requirements for bond or deposit,'' 445B.466, ``Authorized
station or authorized inspection station: Liability under bond or
deposit; suspension and reinstatement of licenses,'' 445B.467,
``Authorized station or authorized inspection station: Disbursement,
release or refund of bond or deposit,'' 445B.468, ``Authorized stations
and authorized inspection stations: Scope of coverage of bond or
deposit,'' 445B.469, ``Authorized station or authorized inspection
station: Posting of signs and placards,'' 445B.470, ``Test station:
Display of licenses; availability of reference information,'' 445B.471,
``Test station: Advertising; provision by Department of certain
informational material for public,'' 445B.472, ``Test station: Records
of inspections and repairs; inspection of place of business; audit of
exhaust gas analyzers,'' 445B.473, ``Test station: Notice of wrongfully
distributed or received vehicle inspection reports; inventory of
vehicle inspection reports,'' 445B.474, ``Test station: Failure to
employ approved inspector,'' 445B.475, ``Authorized station or class 2
fleet station: Requirements for employees,'' 445B.476, ``Test station:
Willful failure to comply with directive; suspension of license;
reapplication after revocation of license,'' 445B.478, ``Fleet station:
Licensing; powers and duties,'' 445B.480, ``Test station: Requirements
concerning business hours,'' 445B.485, ``Prerequisites to licensing,''
445B.486, ``Examination of applicants for licensing,'' 445B.487,
``Denial of license,'' 445B.489, ``Grounds for denial, suspension or
revocation of license,'' 445B.490, ``Hearing on suspension or
revocation of license,'' 445B.491, ``Temporary suspension or refusal to
renew license,'' 445B.492, ``Duration of suspension; surrender of
license,'' 445B.493, ``Limitation on reapplication after revocation or
denial or license; surrender of revoked license; permanent revocation
of license,'' 445B.495, ``Contents of license,'' 445B.496, ``Expiration
of license,'' 445B.497, ``Requirements for renewal of license,''
445B.498, ``Performance of emission inspection without license
prohibited; expiration of license; license ratings,'' 445B.4983,
``Issuance of access code to approved inspector; use of access code and
identification number,'' 445B.4985, ``Violations,'' 445B.499, ``Fees,''
445B.501, ``Report of change in place of employment or termination of
employment,'' 445B.502, ``Submission of certificate of employment to
report change,'' 445B.5049, ``Connection to state electronic data
transmission system,'' 445B.505, ``Availability of list of approved
analyzers and their specifications,'' 445B.5052, ``Approved analyzer:
Use and equipment; deactivation by Department,'' 445B.5055,
``Revocation of approval of analyzer,'' 445B.5065, ``Manufacturer of
approved analyzer: Required warranty,'' 445B.5075, ``Manufacturer of
approved analyzer: Required services; administrative fine for
violations,'' 445B.575, ``Device to control pollution: General
requirement; alteration or modification,'' 445B.576, ``Vehicles powered
by gasoline or diesel fuel: Restrictions on visible emissions and on
idling of diesel engines,'' 445B.577, ``Devices used on stationary
rails: Restrictions on visible emissions,'' 445B.578, ``Exceptions to
restrictions on visible emissions,'' 445B.579, ``Inspection of vehicle:
Devices for emission control required,'' 445B.580, ``Inspection of
vehicle: Procedure for certain vehicles with model year of 1995 or
older and heavy-duty vehicles with model year of 1996 or newer,''
445B.5805, ``Inspection of vehicle: Procedure for light-duty vehicles
with model year of 1996 or newer,'' 445B.581, ``Inspection of vehicle:
Place and equipment for performance,'' 445B.5815, ``Inspection of
vehicle: Certified on-board diagnostic systems,'' 445B.582, ``Repair of
vehicle; reinspection or testing,'' 445B.583, ``Evidence of compliance:
Purpose; records,'' 445B.584, ``Evidence of compliance: Purchase of
vehicle inspection report numbers,'' 445B.585, ``Evidence of
compliance: Issuance by approved inspector,'' 445B.586, ``Evidence of
compliance: Return of fee,'' 445B.587, ``Test of light-duty motor
vehicles powered by diesel engines: Equipment for measurement of smoke
opacity,'' 445B.588, ``Testing of light-duty motor vehicles powered by
diesel engines: List of approved equipment,'' 445B.589, ``Testing of
light-duty motor vehicles powered by diesel engines: Procedure;
certificate of compliance; effect of failure; lack of proper fuel
cap,'' 445B.5895, ``Dissemination of list of authorized stations,''
445B.590, ``Waiver of standards for emissions,'' 445B.591, ``Form for
registration of vehicle in area where inspection of vehicle not
[[Page 38132]]
required,'' 445B.5915, ``Requirements for registration of vehicle
temporarily being used and maintained in another state,'' 445B.592,
``Applicability of certain standards for emissions and other
requirements,'' 445B.593, ``Evidence of compliance required for certain
vehicles based in Clark County,'' 445B.594, ``Evidence of compliance
required for certain vehicles based in Washoe County,'' 445B.595
(excluding subsection(2)), ``Inspections of vehicles owned by State or
political subdivisions or operated on federal installations,''
445B.596, ``Standards for emissions,'' 445B.598, ``Imposition and
statement of fee for inspection and testing; listing of stations and
fees,'' 445B.599, ``Prescription and notice of maximum fees for
inspections and testing,'' 445B.600, ``Procedure for setting new fee,''
445B.601, ``Concealment of emissions prohibited,'' 445B.6115,
``Exemption of vehicle from certain provisions,'' 445B.6125,
``Certification of vehicle for exemption,'' 445B.7015, ``Annual and
additional inspections,'' 445B.7025, ``Alteration of emission control
system of vehicle used to conduct inspection,'' 445B.7035,
``Preliminary written notice of violation; reinspection of vehicle,''
445B.7045, ``Administrative fines and other penalties for certain
violations,'' 445B.727, ``Administrative fines and other penalties,''
and 445B.735, ``Program for licensure to install, repair and adjust
devices for control of emissions.''
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) Correspondence dated March 6, 2007 from the Nevada Department
of Motor Vehicles to the Nevada Division of Environmental Protection
describing an upgrade to the NV2000 emission analyzer to make emissions
testing possible on motor vehicles containing a certified on-board
diagnostic system which uses controller area network communication.
PART 81--[AMENDED]
0
3. The authority citation for part 81 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart C--[Amended]
0
4. In Sec. 81.329, the table entitled ``Nevada--Carbon Monoxide'' is
amended by revising the entry for the Reno area to read as follows:
Sec. 81.329 Nevada.
* * * * *
Nevada--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
Designation Classification
Designated area ---------------------------------------------------------------------------------
Date \1\ Type Date \1\ Type
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Reno Area: Washoe County August 4, 2008... Attainment............
(part) Truckee Meadows
Hydrographic Area 87.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.
* * * * *
[FR Doc. E8-15015 Filed 7-2-08; 8:45 am]
BILLING CODE 6560-50-P
