Federal Register / Vol. 69, No. 182 / Tuesday, September 21, 2004 / Rules and Regulations 56351

1 In this notice, we are not taking final action on 

the contingency provisions (i.e., contingency 

measures and related commitments in the 2000 CO 

plan) in part because we have not yet received the 

quantitative analysis (using MOBILE6) of CO 

emissions reductions associated with 

implementation of standardized On-Board 

Diagnostics systems (OBD II) testing, which was the 

one contingency measure that we had proposed to 

approve. We had anticipated submittal of this 

information by early 2003. See the related 

discussion in our proposed rule at 68 FR 4155, 

column 2. Our decision not to proceed with final 

action on the contingency provisions in this notice 

has no immediate practical effect because we are 

taking final action herein to approve OBD II testing 

into the SIP, not as a contingency measure, but 

rather as a part of the vehicle I/M program. In other 

words, we are finalizing our approval of the vehicle 

I/M program, which includes OBD II testing, but are 

not finalizing our determination from the proposal 

that OBD II testing, while serving as a required 

element of the vehicle I/M program, also provides 

for compliance with the contingency provision 

requirements under section 187(a)(3) of the Act. We 

will be addressing the contingency provision 

requirements for Las Vegas Valley under section 

187(a)(3) in a separate rulemaking. Please see our 

response to NEC comment #37 in our Response to 

Comments document for our rationale and authority 

for taking final action on the RFP and attainment 

demonstrations in the 2000 CO plan while deferring 

action on the contingency measures.

Aircraft Company to add the Garmin 

G1000 EFIS system. 

1. Protection of Electrical and 

Electronic Systems from High Intensity 

Radiated Fields (HIRF). Each system 

that performs critical functions must be 

designed and installed to ensure that the 

operations, and operational capabilities 

of these systems to perform critical 

functions, are not adversely affected 

when the airplane is exposed to high 

intensity radiated electromagnetic fields 

external to the airplane. 

2. For the purpose of these special 

conditions, the following definition 

applies: 

Critical Functions: Functions whose 

failure would contribute to, or cause, a 

failure condition that would prevent the 

continued safe flight and landing of the 

airplane.

Issued in Kansas City, Missouri on 

September 3, 2004. 

Dorenda D. Baker, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service.

[FR Doc. 04–21138 Filed 9–20–04; 8:45 am] 

BILLING CODE 4910–13–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[NV–043–080; FRL–7801–8] 

Approval and Promulgation of 

Implementation Plans; State of 

Nevada; Las Vegas Valley Carbon 

Monoxide Nonattainment Area

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is taking final action 

under the Clean Air Act to approve 

State implementation plan revisions 

submitted by the State of Nevada to 

provide for attainment of the carbon 

monoxide national ambient air quality 

standards in Las Vegas Valley, including 

an alternate low enhanced vehicle 

inspection and maintenance program, 

State and local wintertime gasoline 

rules, and motor vehicle emissions 

budgets for transportation conformity.

DATES: This rule is effective on October 

21, 2004.

ADDRESSES: You can inspect copies of 

the docket for this action during normal 

business hours at EPA’s Region IX 

office. You can inspect copies of the 

submitted SIP materials at the following 

locations:

U.S. EPA, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–

3901. 

Nevada Dept. of Conservation and 

Natural Resources, Division of 

Environmental Protection, 333 West 

Nye Lane, Room 138, Carson City, NV 

89706. 

Clark County Department of Air Quality 

Management, 500 S. Grand Central 

Parkway, Las Vegas, NV 89155. 

Electronic Availability 

This document and the Response to 

Comments Document for this action are 

also available as electronic files on 

EPA’s Region IX Web Page at http://

www.epa.gov/region09/air.

FOR FURTHER INFORMATION CONTACT:

Karina O’Connor, Air Planning Office 

(AIR–2), Air Division, U.S. EPA, Region 

IX, (775) 833–1276, or 

oconnor.karina@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA. 

I. Proposed Action 

On January 28, 2003 (68 FR 4141), 

with the exception of two individual 

contingency measures that we proposed 

to disapprove, we proposed to approve 

the following state implementation plan 

(SIP) revisions submitted by the State of 

Nevada to provide for attainment of the 

carbon monoxide (CO) national ambient 

air quality standards (NAAQS) under 

the Clean Air Act, as amended in 1990 

(CAA or ‘‘Act’’), in the ‘‘serious’’ Clark 

County CO nonattainment area, which 

is defined as State hydrographic area 

#212 and referred to as the ‘‘Las Vegas 

Valley’’: 

(1) State of Nevada State 

Implementation Plan for an Enhanced 

Program for the Inspection and 

Maintenance of Motor Vehicles for Las 

Vegas Valley and Boulder City (March 

1996) submitted by the Nevada Division 

of Environmental Protection (NDEP) on 

March 20, 1996; 

(2) Carbon Monoxide State 

Implementation Plan, Las Vegas Valley 

Nonattainment Area, Clark County, 

Nevada (August 2000) (‘‘2000 CO plan’’) 

adopted by the Clark County Board of 

Commissioners on August 1, 2000, and 

submitted by NDEP on August 9, 2000, 

which addresses requirements under the 

Act for notice and adoption, baseline 

and projected emissions inventories, the 

reasonable further progress (RFP) 

demonstration, the attainment 

demonstration, vehicle miles traveled 

(VMT) forecasts, and which also 

includes updated vehicle inspection 

and maintenance (I/M) program 

materials, Clark County’s Cleaner 

Burning Gasoline (CBG) program, an 

alternative fuel program for government 

vehicles, voluntary transportation 

control measures (TCMs), a 

determination that stationary sources do 

not contribute significantly to CO levels, 

contingency measures1, commitments 

for further submittals and control 

measures, as needed, and CO emissions 

budgets for transportation conformity 

purposes;

(3) Supplemental CO SIP materials 

submitted by NDEP on January 30, 2002, 

including updated State regulations 

implementing the vehicle I/M program, 

other updated I/M program materials, 

and a draft regulation establishing 

procedures for on-board diagnostics 

systems testing of newer vehicles; and 

(4) Supplemental CO SIP materials 

submitted by NDEP on June 4, 2002, 

including updated State statutes 

governing the I/M program, other 

updated vehicle I/M program materials, 

and the State regulation implementing 

the Reid Vapor Pressure (RVP) 

specification for wintertime gasoline 

sold in Clark County. 

The proposal contains detailed 

information on the four SIP submittals 

listed above and our evaluation of the 

submittals against applicable CAA 

provisions and EPA regulations and 

policies relating to serious area CO SIPs. 

In the proposed rule, we indicated 

that we were proposing approval of 

certain portions of the SIP submittals 

based on draft rules and that our final 

approval would not occur until we had 

received final adopted rules from the 

State. As discussed in the following 

paragraphs, the State has submitted the 

final adopted rules called for in the 

proposed rule, and in this action, we are 

56352 Federal Register / Vol. 69, No. 182 / Tuesday, September 21, 2004 / Rules and Regulations 

approving them as revisions to the 

Nevada SIP. 

By letters dated September 9 and 24, 

2003, NDEP submitted SIP revisions 

that included Regulation R178–01 

adopted by the Nevada Department of 

Motor Vehicles (DMV) on July 11, 2002 

establishing the standardized On-Board 

Diagnostics systems (also known as 

‘‘OBD II’’) test procedures for Nevada’s 

vehicle I/M program and related public 

notice and hearing materials. The 

regulatory changes to the Nevada 

Administrative Code under adopted 

regulation R178–01 were made effective 

as of August 21, 2002. (The September 

24th SIP submittal included a 

replacement version of Regulation 

R178–01 because the September 9th 

version of that adopted regulation was 

missing pages that inadvertently had 

been omitted from the earlier submittal.) 

In the proposed rule, we indicated that 

we would not take final action on the 

vehicle I/M program until we received 

the final adopted version of regulations 

establishing test procedures and 

equipment used for inspecting certified 

on-board diagnostics systems. See 68 FR 

4141, at 4150, column 1 (January 28, 

2003). These two SIP submittals contain 

the necessary final adopted regulations 

and supporting materials and thereby 

provide us with the basis to finalize our 

proposed approval of the vehicle I/M 

program for Las Vegas Valley and 

Boulder City. The final adopted 

regulation is consistent with the draft 

regulation that provided the basis for 

our proposed approval of the vehicle I/

M program for Las Vegas Valley and 

Boulder City.

The September 9th SIP submittal also 

contains State statutes providing for the 

‘‘alternate low’’ enhanced vehicle I/M 

program in Las Vegas Valley and 

Boulder City. These statutes represent 

an update to the corresponding statutes 

that were included as part of the SIP 

submittal dated March 20, 1996 (listed 

above), and referred to in the proposed 

rule as the ‘‘1996 vehicle I/M 

submittal.’’ See 68 FR 4141, at 4143, 

column 1 (January 28, 2003). The 

updated statutes largely reflect 

administrative changes in the statutes 

and are equivalent in all significant 

respects to those submitted to EPA in 

1996 and listed in the proposed rule. 

Lastly, by letter dated November 10, 

2003, NDEP submitted a SIP revision 

including the following updated Clark 

County fuel regulations: section 53 

(oxygenated gasoline program) and 

section 54 (cleaner burning gasoline 

(CBG): Wintertime program), which had 

been adopted by the Clark County Board 

of County Commissioners on May 20, 

2003, and made effective June 3, 2003. 

The revisions to sections 53 and 54 are 

administrative in nature and reflect the 

transfer of air pollution control 

authority in Clark County to the Clark 

County Board of County 

Commissioners. This completes a 

sequence of transfers of authority that 

began in mid-2001 with the transfer of 

air pollution control authority in Clark 

County from the Clark County District 

Board of Health, which originally 

adopted these rules and which oversaw 

the Air Quality Division of the Clark 

County Health District, to the Clark 

County Board of County Commissioners 

sitting as the short-lived ‘‘Clark County 

Air Quality Management Board,’’ and 

then more recently to the Clark County 

Board of County Commissioners. 

The Clark County Board of County 

Commissioners oversees the Department 

of Air Quality Management (DAQM), 

which took over the responsibilities of 

the former Air Quality Division of the 

Clark County Health District as well as 

the air quality planning responsibilities 

of the Clark County Department of 

Comprehensive Planning. We had made 

submittal of the updated section 54 a 

condition on our final approval of that 

rule. See 68 FR 4141, at 4152, column 

3 (January 28, 2003). The State’s 

November 10th submittal satisfies this 

condition allowing us to take final 

action on the rule. 

In 1999, we approved section 53 as a 

revision to the Nevada SIP. See 64 FR 

29573 (June 2, 1999). Like section 54, 

the amended version of section 53 

submitted to EPA as part of the 

November 10th SIP submittal simply 

reflects the change in the applicable 

administrative agency for air pollution 

control purposes in Clark County. 

We are taking final action on the 

September 9 and 24, 2003 and 

November 10, 2003 SIP submittals in 

this final rule without additional notice 

and comment because the updated I/Mrelated statutes and fuel regulations 

differ in only minor respects from those 

statutes that were previously listed in 

the proposal, or in the case of section 

53, the updated regulation reflects only 

administrative changes. In addition, the 

proposal adequately described and 

evaluated the provisions requiring onboard diagnostics systems checks based 

on submitted draft regulations under 

EPA’s ‘‘parallel processing’’ procedure, 

(see 68 FR 4141, at 4143, column 3 

(January 28, 2003)), and the approval of 

the CBG rule was conditioned upon 

submittal of the updated rule (see 68 FR 

4141, at 4151, column 2 (January 28, 

2003)). 

II. Public Comments 

EPA’s proposed action provided for a 

30-day public comment period. During 

this period, we received comments from 

the following parties: 

(1) Peter Krueger, Nevada Emission 

Testers Council, letter dated February 

19, 2003, providing comments related to 

possible Legislative action to reduce the 

frequency of testing under the vehicle

I/M program; 

(2) Edward C. Barry, Chemical Lime 

Company, letter dated February 24, 

2003, providing comments related to the 

CO emissions estimate in the 2000 CO 

plan for its facility; 

(3) Fredrick R. Slater, Kerr-McGee 

Chemical, LLC, letter dated February 26, 

2003, providing comments related to an 

alternative approach (i.e., to finalizing 

the action as proposed) involving 

redesignation and working with the 

County to develop a maintenance plan; 

and 

(4) Robert W. Hall, Nevada 

Environmental Coalition, Inc., letter 

dated February 27, 2003, providing 

comments related to virtually all aspects 

of the CO SIP revision submittals and 

EPA’s related proposed approval, 

including statutory and regulatory 

authority, CO emissions inventory and 

projections, ambient CO monitoring 

network, notice and public hearing, use 

of EPA guidance in evaluating SIP 

submittals, the vehicle I/M program, 

EPA’s parallel processing procedure, 

evaluation of non-fuel measure 

alternatives, the attainment 

demonstration, the status of the 

(stationary source) new source review 

program, the forecasts of vehicle miles 

traveled (VMT), contingency measures, 

transportation conformity, and EPA 

enforcement of SIP rules. 

Responses to all comments can be 

found in our Response to Comments 

Document that accompanies this final 

action. A copy of the Response to 

Comments Document can be 

downloaded from our website or 

obtained by calling or writing the 

contact person listed above. The 

comments led us to look more carefully 

at certain aspects of the plan and certain 

aspects of our proposed approval; 

however, with the exception of the 

contingency provisions (for which we 

are not taking final action in this 

notice), we have not changed our 

conclusions that the various SIP 

revisions submitted for the Las Vegas 

Valley CO nonattainment area comply 

with CAA CO nonattainment planning 

requirements. 

III. EPA Action

Pursuant to section 110(k)(3) of the 

Act, we are finalizing the following 

Federal Register / Vol. 69, No. 182 / Tuesday, September 21, 2004 / Rules and Regulations 56353

actions on the various SIP submittals for 

the Las Vegas Valley ‘‘serious’’ CO 

nonattainment area in Clark County, 

Nevada. For each action, we indicate the 

page or pages on which the element is 

discussed in our proposal. 

(1) Approval of procedural 

requirements, under section 110(a)(1) of 

the Act—see 68 FR 4144; 

(2) Approval of baseline and projected 

emission inventories, under sections 

172(c)(3) and 187(a)(1) of the Act and 

approval of reasonable further progress, 

under sections 172(c)(2) and 187(a)(7) of 

the Act—see 68 FR 4144–4146; 

(3) Approval of attainment 

demonstration, under section 187(a)(7) 

of the Act—68 FR 4146–4147; 

(4) Approval of the ‘‘alternate low’’

vehicle I/M program for Las Vegas 

Valley and Boulder City under section 

187(a)(6) of the Act—see 68 FR 4147–

4150. Specifically, we approve the 

statutory and regulatory basis for the 

program set forth in Nevada Revised 

Statutes (NRS), title 40, section 

445B.210 and sections 445B.700–

445B.845, and title 43, sections 

481.019–481.087, 482.155–482.290, 

482.385, 482.461, 482.565, and 484.644–

484.6441, as amended by the State of 

Nevada through the 2001 Legislative 

sessions, and Nevada Administrative 

Code (NAC), chapter 445B, sections 

445B.400–445B.735 (excluding sections 

445B.576, 445B.577, and 445B.578, 

which are associated with restrictions 

on visible emissions and on idling of 

diesel vehicles not required by EPA I/

M program requirements), as amended 

through March 8, 2002 by the Nevada 

State Environmental Commission and 

the Nevada Department of Motor 

Vehicles, and also Regulation R178–01 

as adopted by the Nevada Department of 

Motor Vehicles on July 11, 2002 (made 

effective August 21, 2002) establishing 

on-board diagnostics systems testing 

procedures for Nevada’s vehicle I/M 

program. Upon the effective date of this 

final rule, the amended Nevada vehicle 

I/M program described in this notice 

will supercede the existing vehicle I/M 

program approved by EPA in 1981 and 

1984 as it relates to Las Vegas Valley 

and Boulder City; 

(5) Approval of the State’s low RVP 

wintertime requirement for gasoline 

sold in Clark County—see 68 FR 4150–

4151. Specifically, we propose to 

approve Nevada Administrative Code 

section 590.065 as adopted on October 

28, 1998 by the State Board of 

Agriculture; 

(6) Approval of Clark County air 

quality regulation section 54 (Cleaner 

Burning Gasoline (CBG): Wintertime 

Program) under section 211(c)(4)(C) of 

the Act, as adopted by the Clark County 

Board of County Commissioners on May 

20, 2003 (effective June 3, 2003)—see 68 

FR 4151–4152; 

(7) Approval of RTC’s CAT MATCH 

commuter incentive program under 

section 187(b)(2) of the Act and our 

voluntary mobile source emissions 

reduction program policy—see 68 FR 

4152–4153. Specifically, we approve the 

CAT MATCH guidelines as set forth in 

the Clark County Regional 

Transportation Commission’s 

Resolution No. 177, adopted on June 10, 

1999, and the commitments to 

implement and monitor the program, to 

prepare annual reports and to remedy, 

in a timely manner, any shortfall of 

emissions reductions, as set forth in the 

Clark County Regional Transportation 

Commission’s Resolution No. 186, 

adopted on June 8, 2000; 

(8) Approval of the Alternative Fuels 

Program for government vehicles in 

Clark County—see 68 FR 4153. 

Specifically, we approve the regulations 

set forth in Nevada Administrative Code 

chapter 486A, as amended through 

April 20, 2000 by the State 

Environmental Commission; 

(9) Approval of a determination that 

stationary sources do not contribute 

significantly to ambient CO levels in the 

Las Vegas CO nonattainment area for the 

purposes of section 187(c) of the Act—

see 68 FR 4153–4154; 

(10) Approval of VMT forecasts and 

the responsible agencies’ commitments 

to revise and replace the VMT 

projections as needed and monitor 

actual VMT levels in the future, under 

section 187(a)(2)(A) of the Act—see 68 

FR 4154. Specifically, we approve the 

Clark County Regional Transportation 

Commission’s commitments to prepare 

VMT estimates, forecasts, and annual 

VMT tracking reports as set forth in 

Resolution No. 149, as adopted on July 

13, 1995; 

(11) Approval of the CO motor vehicle 

emissions budgets for 2000 (310.2 tons 

per day), 2010 (329.5 tons per day), and 

2020 (457.4 tons per day) as meeting the 

purposes of section 176(c)(1) and the 

transportation conformity rule at 40 CFR 

93, subpart A—see 68 FR 4155–4156; 

and 

(12) Approval of amended Clark 

County SIP rule (section 53—

Oxygenated Gasoline Program), adopted 

by the Clark County Board of County 

Commissioners on May 20, 2003 

(effective June 3, 2003) making 

administrative changes to substitute the 

Clark County Board of County 

Commissioners and Department of Air 

Quality Management for its 

corresponding predecessors, the Clark 

County Board of Health and the Air 

Quality Division of the Clark County 

Health District. NDEP submitted this 

revised SIP rule with a similarly-revised 

version of Clark County air quality 

regulation section 54 to EPA as a SIP 

revision on November 10, 2003. Section 

553 of the Administrative Procedure 

Act, 5 U.S.C. 553(b)(B), provides that, 

when an agency for good cause finds 

that notice and public procedures are 

impracticable, unnecessary, or contrary 

to the public interest, the agency may 

issue a rule without providing notice 

and an opportunity for public comment. 

We have determined that there is such 

good cause for making our approval of 

amended Clark County air quality 

regulation section 53 (Oxygenated 

Gasoline Program), as adopted on May 

20, 2003, final without prior proposal 

and opportunity for comment because 

the amended rule merely substitutes the 

current local administrative agency for 

its predecessor. Thus, notice and public 

procedure are unnecessary. Upon the 

effective date of this final rule, the 

amended section 53 will supercede the 

existing SIP section 53, approved by 

EPA on June 2, 1999 (see 64 FR 29573), 

in the Nevada SIP.

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 beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

56354 Federal Register / Vol. 69, No. 182 / Tuesday, September 21, 2004 / Rules and Regulations 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves a state rule 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. section 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 November 22, 

2004. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements.

Dated: July 23, 2004. 

Laura Yoshii, 

Acting Regional Administrator, Region IX.

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows:

PART 52—[AMENDED]

■ 1. The authority citation for Part 52 

continues to read as follows:

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

Subpart DD—Nevada

■ 2. Section 52.1470 is amended by 

adding paragraphs (c)(46), (c)(47), 

(c)(48), (c)(49), (c)(50), (c)(51), and (c)(52) 

to read as follows:

§ 52.1470 Identification of plan.

* * * * *

(c) * * *

(46) The following plan revision was 

submitted on March 20, 1996, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) State of Nevada State 

Implementation Plan for an Enhanced 

Program for the Inspection and 

Maintenance of Motor Vehicles for Las 

Vegas Valley and Boulder City, Nevada, 

revised March 1996, transmitted by 

letter dated March 20, 1996, including 

the cover page through page 15, 

appendix 1 (only the Nevada attorney 

general’s opinion and memorandum 

dated November 15, 1993 and June 29, 

1994, respectively), and appendices 2 

through 9. 

(47) The following plan revision was 

submitted on August 9, 2000, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Clark County Department of Air 

Quality Management. 

(1) Carbon Monoxide State 

Implementation Plan, Las Vegas Valley 

Nonattainment Area, Clark County, 

Nevada, August 2000, adopted on 

August 1, 2000, including the following 

sections within which certain 

exceptions are noted but excluding all 

sections not specifically cited: chapters 

1 through 8 (with the exception of 

chapter 7, subsection 7.2.2, 

‘‘Contingency Measures’’); appendix A, 

‘‘Emissions Inventory’’, sections 1 

through 7, and section 8—‘‘Annexes’’

(with the exception of appendix E, 

‘‘Quality Assurance/Quality Control’’); 

appendix B, ‘‘Transportation 

Documentation’’, section 1; appendix D, 

‘‘Regulations, Policies and Public 

Participation Documentation’’, section 

1—‘‘Cleaner Burning Gasoline (CBG) 

Regulations and Supporting 

Documentation’’ (with the exception of 

District Board of Health of Clark County 

Air Pollution Control Regulations 

section 54 as adopted on April 22, 

1999), section 2, section 3, section 4—

‘‘Nevada Administrative Code, Chapter 

445B: Technician Training and 

Licensing’’ (with the exception of NAC 

445B.485–445B.487, 445B.489–

445B.493, and 445B.495–445B.498), and 

sections 5 through 9; and appendix E, 

‘‘Supplemental Technical Support 

Documentation’’, sections 1 through 4, 

and 7. 

(48) The following plan revision was 

submitted on January 30, 2002 by the 

Governor’s designee.

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) New or amended regulations 

implementing Nevada’s vehicle 

inspection and maintenance program in 

Las Vegas Valley and Boulder City: 

Nevada Administrative Code, chapter 

445B, sections 445B.400–445B.774 (i.e., 

‘‘Emissions from Engines’’), including 

the sections under the subheadings 

‘‘General Provisions,’’ ‘‘Facilities for 

Inspection and Maintenance,’’

‘‘Inspectors,’’ ‘‘Exhaust Gas Analyzers,’’

‘‘Control of Emissions: Generally’’

[excluding sections 445B.576–445B.578, 

and excluding section 445B.594 

(‘‘Inspections required in Washoe 

County’’)], ‘‘Restored Vehicles,’’

‘‘Miscellaneous Provisions,’’ but 

excluding the sections under the 

subheading ‘‘Control of Emissions: 

Heavy-Duty Motor Vehicles’’ (i.e., 

sections 445B.737–445B.774), 

codification as of February 2002 by the 

Legislative Counsel Bureau. 

(ii) Additional material. 

(A) Nevada Division of Environmental 

Protection. 

(1) NV2000 Analyzer Electronic Data 

Transmission Equipment Specifications 

Federal Register / Vol. 69, No. 182 / Tuesday, September 21, 2004 / Rules and Regulations 56355

(June 15, 2000), revision 5, November 8, 

2000. 

(49) The following plan revisions 

were submitted on June 4, 2002 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) New or amended statutes related 

to Nevada’s vehicle inspection and 

maintenance program in Las Vegas 

Valley and Boulder City, as amended 

through the 2001 Legislative sessions: 

Nevada Revised Statutes, title 40, 

chapter 445B, sections 445B.210, 

445B.700, 445B.705, 445B.710, 

445B.715, 445B.720, 445B.725, 

445B.730, 445B.735, 445B.740, 

445B.745, 445B.750, 445B.755, 

445B.758, 445B.760, 445B.765, 

445B.770, 445B.775–445B.778, 

445B.780, 445B.785, 445B.790, 

445B.795, 445B.798, 445B.800, 

445B.805, 445B.810, 445B.815, 

445B.820, 445B.825, 445B.830, 

445B.832, 445B.834, 445B.835, 

445B.840, and 445B.845, and title 43, 

chapter 482, section 482.461, 

transmitted by letter dated June 4, 2002. 

(2) New regulation establishing the 

State’s low Reid Vapor Pressure 

wintertime requirement for gasoline 

sold in Clark County: Nevada 

Administrative Code, chapter 590, 

section 590.065 as adopted on October 

28, 1998 (made effective December 14, 

1998) by the State Board of Agriculture. 

(3) Regulation R017–02, adopted on 

March 8, 2002 by the Nevada State 

Environmental Commission: New or 

amended rules in Chapter 445B of the 

Nevada Administrative Code removing 

the limitation on applicability of, and 

removing the restrictive trigger for 

effectuating the implementation of, the 

on-board diagnostics systems test for 

Nevada’s vehicle inspection and 

maintenance program. 

(ii) Additional material. 

(A) Nevada Division of Environmental 

Protection. 

(1) Contract between Nevada 

Department of Motor Vehicles and MD 

LaserTech for on-road testing services, 

dated January 15, 2002. 

(50) The following plan revision was 

submitted on September 9, 2003 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) New or amended statutes related 

to Nevada’s vehicle inspection and 

maintenance program in Las Vegas 

Valley and Boulder City, as amended 

through the 2001 Legislative sessions: 

Nevada Revised Statutes, title 43, 

chapter 481, sections 481.019, 481.023, 

481.027, 481.031, 481.035, 481.043, 

481.047, 481.0473, 481.0475, 481.0477, 

481.048, 481.0481, 481.051, 481.052, 

481.055, 481.057, 481.063, 481.065, 

481.079, 481.081, 481.082, 481.083, 

481.085, and 481.087; title 43, chapter 

482, sections 482.155, 482.160, 482.162, 

482.165, 482.170, 482.171, 482.173, 

482.175, 482.180, 482.1805, 482.181, 

482.183, 482.186–482.188, 482.205, 

482.206, 482.208, 482.210, 482.215, 

482.216, 482.220, 482.225, 482.230, 

482.235, 482.240, 482.245, 482.255, 

482.260, 482.265–482.268, 482.270, 

482.2703, 482.2705, 482.271, 482.2715, 

482.2717, 482.272, 482.274, 482.275, 

482.280, 482.2805, 482.2807, 482.281, 

482.283, 482.285, 482.290, 482.385, and 

482.565; and title 43, chapter 484, 

sections 484.644 and 484.6441, 

transmitted by letter dated September 9, 

2003. 

(51) The following plan revision was 

submitted on September 24, 2003 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) Regulation R178–01, adopted on 

July 11, 2002 by the Nevada Department 

of Motor Vehicles (and made effective 

August 21, 2002): New or amended 

rules in Chapter 445B of the Nevada 

Administrative Code establishing onboard diagnostics systems test 

procedures for Nevada’s vehicle 

inspection and maintenance program. 

(52) The following plan revision was 

submitted on November 10, 2003 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Clark County Department of Air 

Quality Management. 

(1) New or amended Section 53—

Oxygenated Gasoline Program, and 

Section 54—Cleaner Burning Gasoline 

(CBG): Wintertime Program, adopted on 

May 20, 2003 (made effective June 3, 

2003).

* * * * *

[FR Doc. 04–21064 Filed 9–20–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[CA 307–0466a; FRL–7812–2] 

Revisions to the California State 

Implementation Plan, Antelope Valley 

Air Quality Management District

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

Antelope Valley Air Quality 

Management District portion of the 

California State Implementation Plan 

(SIP). Under authority of the Clean Air 

Act as amended in 1990 (CAA or the 

Act), we are approving the rescission 

from the California SIP of local rules 

that address Metal Container, Closure 

and Coil Coating Operations, Magnet 

Wire Coating Operations, Volatile 

Organic Compound Emissions from 

Resin Manufacturing, Surfactant 

Manufacturing, and the accompanying 

negative declarations.

DATES: This rule is effective on 

November 22, 2004 without further 

notice, unless EPA receives adverse 

comments by October 21, 2004. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect.

ADDRESSES: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105–3901 

or e-mail to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov.

You can inspect copies of the 

submitted SIP revisions, EPA’s technical 

support documents (TSDs), and public 

comments at our Region IX office during 

normal business hours by appointment. 

You may also see copies of the 

submitted SIP revisions by appointment 

at the following locations:

Air and Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, Room B–102, 1301 Constitution 

Avenue, NW., (Mail Code 6102T), 

Washington, DC 20460. 

California Air Resources Board, Stationary 

Source Division, Rule Evaluation Section, 

1001 ‘‘I’’ Street, Sacramento, CA 95814. 

Antelope Valley Air Quality Management 

District, 43301 Division Street, Suite 206, 

Lancaster, CA 93539–4409

A copy of the rules may also be 

available via the Internet at http://

www.arb.ca.gov/drdb/drdbltxt.htm.

Please be advised that this is not an EPA 

Web site and may not contain the same 

version of the rule that was submitted 

to EPA.

FOR FURTHER INFORMATION CONTACT: Julie 

A. Rose, EPA Region IX, (415) 947–

4126, rose.julie@epa.gov.

SUPPLEMENTARY INFORMATION:

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

and ‘‘our’’ refer to EPA. 

Table of Contents

I. The State’s Submittal 

A. What rule rescissions did the State 

submit? 

B. Are there other versions of these rules?