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Citation: 70 Fed. Reg. 3174 2005

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 70, No. 13/Friday, January 21, 2005/Proposed Rules

relationship or the distribution ofpower and responsibilities established inthe Clean Air Act. This proposed rule also is not subjectto Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because it is not economically significant.

This proposed rule does not involve establishment oftechnical standards, and thus,the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)do not apply. This proposed rule does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.)

Authority:42 U.S.C. 7401 etseq. ListofSubjects in 40 CFRPart81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: January 7,2005.
LauraYoshii, ActingRegionalAdministrator, RegionIX. [FR Doc. 05-1118 Filed 1-19-05; 8:45 am]

-BILLING CODE 6560-50-P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 81 [FRL-7862-5]

Determination of Attainment by the Applicable Attainment Date forthe Carbon Monoxide National Ambient Air Quality Standard Withinthe Las Vegas Valley Nonattainment Area, Clark County, NV; Determination Regarding Applicabilityof Certain Clean AirAct Requirements
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: EPA is proposingto find that

- the Las Vegas Valley nonattainment area in the State ofNevada has attained the National Ambient Air Quality Standard for carbon monoxide by the applicable December 31, 2000 attainment date. Based onthis proposal, EPA also
proposes to determine that the Clean Air Act's requirements for contingency provisions will no longer apply to the

area. DATES: Written comments on this proposal mustbe received by February 22, 2005. ADDRESSES: Comments shouldbe addressed to the EPA contact below. You may inspect andcopy the rulemaking docket for this notice at the following location during normal business hours.We may charge you a reasonable fee for copying parts ofthe docket. Steven Barhite, Chief, Environmental Protection Agency, Region IX, AirDivision, Air Planning Office (AIR-2), 75 Hawthorne Street, SanFrancisco, CA94105-3901.
FOR FURTHER INFORMATION CONTACT: Karina O'Connor, AirPlanning Office (AIR-2), AirDivision, U.S. EPA, Region IX, 75 Hawthorne Street, SanFrancisco, CA 9.4105-3901. Telephone: (775) 833- 1276. E-mail: oconnor.karina@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, "we," "us" and "our" referto EPA.

Table ofContents I.Attainment Finding

A. Background 1.Which NAAQS is considered in today's

proposed finding? 2.What isthe designation and

classification ofthis COnonattainment area? 3.How dowe make attainment

determinations? B.Basis forEPA's Proposed Attainment

Finding 1.What isthe statutory basis for this

proposed finding? 2.How did we determine that Las Vegas

Valleyhas attained the CONAAQS by the applicable attainment date? II.Applicability ofClean AirAct Contingency Provisions A.Background B.Effect ofa Finding ofAttainment by

Applicable Attainment Date on CAA Contingency Measure Requirement Ill. EPA's Proposed Action IV. Request for Public Comment V. Administrative Requirements

I. Attainment Finding

A. Background

1. Which NAAQS Is Considered in Today'sProposed Finding?
Carbon monoxide (CO) is a colorless, odorless gas emitted incombustion
processes. Inmost areas where elevated CO levels are found, CO comes primarily from tailpipe emissions of

cars and trucks. Exposure to elevated CO levels is associated with impairment ofvisual perception, work capacity, manual dexterity, and learning ability, and with illness and death for those who already suffer from cardiovascular disease, particularly angina or peripheral vascular disease.

OnApril 30, 1971 (see36 FR 8186), pursuant to section 109 ofthe Clean Air Act (CAA or "Act"), as amended in 1970, we promulgated the original National Ambient Air Quality Standards (NAAQS) for several pervasive air pollutants, including CO. NAAQS represent concentration levels the attainment and maintenance of which, allowing for an adequate margin of safety, EPA has determined tobe requisite to protect public health ("primary" NAAQS) and welfare ("secondary" NAAQS). The primary (i.e., health-based) NAAQS for CO is 9 parts per million (ppm) averaged over

an 8-hour period, and 35 ppm averaged

over 1hour, neither tobe exceeded

more than once per year. In our 1971 rulemaking, we established identical primary and secondary NAAQS for CO but laterrevoked the secondary (welfare)NAAQS forCO. See 50 FR 37484 (September 13, 1985).

2. WhatIs theDesignationand Classification ofThis CO Nonattainment Area?

As noted above, EPA first promulgated the NAAQS in 1971, and within 9 months thereafter, each State

was required under section 110 ofthe Act to adopt and submit to EPA a plan that provides forthe implementation, maintenance, and enforcement ofthe NAAQS within each State. These plans

are referred to as "State implementation plans" or "SIPs." Generally, SIPs were to provide forattainment ofthe NAAQS within 3years after EPA approval ofthe plan. However, many areas ofthe country did not attain the NAAQS within the statutory period. Inresponse, Congress amended the Act iii 1977to establish a new approach, based on area designations, for attaining the NAAQS, and on March 3, 1978 (see43 FR 8962),

we promulgated attainment status designations for all areas within each of the States. In this 1978 rulemaking, we designated Las Vegas Valley (i.e., State hydrographic area #212), which is a subarea within Clark County, as a "nonattainment" area forthe CO NAAQS.

The Clean Air Act, as amended in 1977, required States to revise their SIPs by preparing, adopting and submitting attainment plans (forEPA approval) that
set forth a strategy-to achieve the NAAQS in designated nonattainment

areas. The original statutory deadline for attainment was 1982. EPA conditionally approved the initial CO attainment plan forLas Vegas Valley into the Nevada SIP in 1981. See 46 FR 21758 (April 14, 1981.). EPA removed the conditions on the CO plan in 1982. See 47 FR 15790 (April 13, 1982). Updated attainment plans were required for areas, like Las Vegas Valley,that did notachieve the original 1982 deadline. EPA approved

an updated plan for CO in Las Vegas Valley into the Nevada SIP in 1984. See 49 FR44208 (November 5, 1984). 

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Notwithstanding our approval ofthe updated CO attainment plan that was intended to provide for attainment in the valley bythe end of 1987, the CO NAAQS was not actually attained by the end ofthat year inLas Vegas Valley, nor

was it attained in many other areas of the country. In 1988, EPA notified the Governors ofthe various States inwhich

areas hadfailed to attain the CO NAAQS that their SIPs were inadequate and thattheir SIPs mustbe revised ("SIP call"). See 53 FR 34500 (September 7, 1988). The SP call involved a two-phase approach. The first phase called for the States to fix deficiencies intheir existing plans and
to implement any measures already adopted but notyet implemented. The second phase, which called for development ofa new attainment plan, awaited Congressional amendments to the Clean Air Actthat were anticipated
to occur in 1990. See 55 FR 30873 (July 30, 1990).

As anticipated, the Act was substantially amended in 1990 to establish newplanning requirements and attainment deadlines for the NAAQS. Under section 107(d)(1)(C) of the Act, areas designated nonattainment
at the time ofenactment ofthe 1990 Act Amendments, including Las Vegas Valley, were designated nonattainment by operation oflaw. Under section 186(a) ofthe Act, each CO area designated nonattainment under section 107(d) was also classified by operation oflaw aseither moderate or serious, depending onthe severity ofthe area's air quality problem. CO areas with design values between 9.1 and 16.4 parts per million (ppm), such as the Las Vegas Valley area, were classified as moderate. See 56 FR 56694 (November 6, 1991). (The design value for Las Vegas Valley forinitial classification
purposes was 14.4 ppm, which was based onmonitoring data from the late 1980's.)

Section 172 ofthe 1990 Act Amendments contains general requirements applicable to SIP revisions fornonattainment areas, and sections 186 and 187 set out additional air quality planningrequirements for CO nonattairiment areas. The most fundamental ofthese provisions is the requirement that CO nonattainment

areas with design values greater than 12.7 ppm submit a SIP revision demonstrating attainment ofthe NAAQS as expeditiously as practicable but no later than the deadline applicable
to the area's classification: December 31, 1995, for moderate areas. See CAA sections 186(a)(1) and 187(a)(7).

Las Vegas Valley failed toreach attainment byDecember 31, 1995, but, under section 186(a)(4) oftheAct, the State of Nevada requested, and EPA granted, a one-year extension ofthe attainment date, i.e., to December 31, 1996. See 61 FR 57331 (November6, 1996). However, inthe first quarter of 1996, three exceedances ofthe CO standard were recorded at the East Charleston monitoring station in Las Vegas, and thus, the State was unable to show attainment ofthe standard by December 31, 1996 and could not qualify foran additional one-year extension under section 186(a)(4) ofthe Act.

Subsequently, onOctober 2, 1997, we published a final rule that found that the Las Vegas Valley CO nonattainment

area did not attain the CO NAAQS by the applicable attainment date and that reclassified the area from "moderate" to "serious" nonattainment under section 186(b)(2) ofthe Act. See 62 FR 51604 (October 2, 1997). Areas reclassified as serious are given more time to develop

anew attainment plan and a new attainment date but are subject to additional requirements beyond those that arerequired in moderate nonattainment areas. For Las Vegas Valley, the effect ofthe reclassification
to "serious" was to allow Nevada 18 months from the effective date ofthe reclassification to submit anew plan demonstrating attainment ofthe-CO NAAQS as expeditiously as practicable but no laterthan December 31, 2000, the CAA attainment -datefor serious CO nonattainment areas.

In 2000, the State ofNevada submitted a new plan that revises the CO attainment strategy and that provides a demonstration ofattainment, based on modeling techniques, by the

new attainment deadline, i.e., December 31, 2000. In January 2003, EPA proposed to approve the various plan elements contained in this latest CO plan, including themodeled attainment demonstration. See 68-FR 4141 (January 28, 2003). In September 2004, we finalized our approval of all ofthe plan elements except for the contingency provisions. See 69 FR 56351 (September 21, 2004).

3. How Do We Make Attainment Determinations?

Section 179(c)(1) ofthe Act provides that attainment determinations are tobe based on the "area's air quality -asofthe attainment date," and section 186(b)(2) ofthe Act is consistent with this requirementbut adds that CO air quality is tobe documented for attainment determination purposes interms of "design values". EPA makes the determination asto whether an area's air quality is meeting the CO NAAQS based upon air quality data gathered at CO monitoring sites in the nonattainment area which havebeen entered intothe Air Quality System (AQS) database, formerly known as the Aerometric Information Retrieval System (AIRS). This data is reviewed to determine the area's air quality status in accordance with 40 CFR 50.8, EPA policyguidance as stated in a memorandum from William G.Laxton, Director Technical Support Division, entitled "Ozone and Carbon Monoxide Design Value Calculations," dated June 18, 1990, andin EPA's "General Preamble forthe Implementation of Title Iofthe Clean Air Act Amendments of 1990" (see57 FR 13498, at 13535, April 16, 1992).

The 8-hour and 1-hour CO design values are used to determine attainment ofCO areas, and the design values are determined by reviewing 8 quarters of data, ora total of2 complete calendar
years ofdata for an area. The 8-hour design.value is computed by first finding the maximum and second maximum (non-overlapping) 8-hour values at each monitoring site for each
year ofthe two calendar years prior to and including the attainment date. Then the higher ofthe two "second high" values is usedas the design value for the monitoring site, and the highest design value among the various CO monitoring sites represents the CO design value forthe area.

The CO NAAQS requires thatnot

more than one 8-hour average per year

can equal or exceed 9.5 ppm (values below 9.5 arerounded down to 9 and

are not considered exceedances). If an

area has a design value that is equal to

orgreater than 9.5 ppm, this means that there was a monitoring site where the second highest (non-overlapping) 8- hour average was measured tobe equal
to or greater than 9.5 ppm in at least 1 ofthe 2 yearsbeing reviewed to determine attainment forthe area. This indicates that there were at least two values above the NAAQS during 1year at that site and thus the NAAQS for CO

was notmet. Conversely, an eight-hour design value ofless than 9.5 ppm indicates that the area has attained the CO NAAQS. The one-hour CO design value is computed inthe same manner.
B.Basis forEPA'sProposed Attainment Finding

1.What Is the Statutory Basis for This Proposed Finding?

Pursuant to sections 179(c)(1) and 186(b)(2) oftheAct, we have the responsibility ofdetermining within six months ofthe applicable attainment date whether, based onthe area's design 

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value as ofthe attainment date, the CO nonattainment hrea attained the NAAQS by that date. As a CO nonattainment

area that was reclassified as "serious" under 186(b)(2)(A) ofthe Act, Las Vegas Valley was required under section 186 ofthe Actto attain the CO NAAQS no later thanDecember 31, 2000. Therefore,

our obligation, under sections 179(c)(1) and 186(b)(2) ofthe Act, is to determine whether the Las Vegas Valley attained the CO NAAQS based on the area's design value as ofDecember 31, 2000.

2. HowDid We Determine That Las Vegas Valley Has Attained the CO NAAQS by theApplicable Attainment Date?

As additional background, we provide

abriefdescription in the following paragraphs ofthe Las Vegas Valley CO nonattainment area and CO monitoring network before discussing the monitoring data that provide the basis for determining the design value and attainment ofthe CO.NAAQS.
Characteristics of

Nonattainment Area:The population ofthe Las Vegas Valley nonattainment area (State hydrographic area #212) is approximately 1.4 millionresidents. The valley, located in southern Nevada, lies entirely within Clark County and includes the cities ofLas Vegas, North Las Vegas, and Henderson. The remainder ofthe nonattainment area includes unincorporated areas ofClark County. The nonattainment area, approximately 1,500 square miles, is bounded by the Spring Mountains to the west, thePintwater, Desert, Sheep, and Las Vegas Mountains tothe north, and Frenchman Mountain to the east. The McCullough Range and Big Spring Range close the area to the south.

Valley drainage flows to the south, toward the McCullough and Big Spring Ranges, then easterly throughthe Las Vegas Wash to LakeMead. Las Vegas Valley's climate, at the edge ofthe Mojave Desert, is very dry and warm. Average annual precipitation is 4.2 inches. Temperatures through a year can range from daily maximums inJuly of 104 degrees Fahrenheit to average daily minimums inJanuary of33 degrees Fahrenheit. Climatic conditions, and Las Vegas' location ina broad valley, result incalm wind conditions during the winter. These lowwinds combine with temperature inversions and nighttime downslope drainage of air" back into the valley, preventing effective dispersion of air pollutants.

COMonitoring Network:EPA has established ambient airquality monitoring requirements and standards for State and Local AirMonitoring. Stations (SLAMS) and for National Air Monitoring Stations (NAMS). These requirements and standards provide for operating schedules, data quality
assurance, andfor the design and siting ofCO samplers.

The Clark County Health District began monitoring CO in Las Vegas Valley in the early 1970's and operated continuous CO monitors at two locations (East Charleston and Casino CenterBlvd.) by the mid-1970's. Since then, the CO ambient monitoring networkin Las VegasValley has evolved into a system of 15 monitoring sites.All ofthese stations are operated by the Clark County Department ofAir Quality and Environmental Management (DAQEM), which is the local agency now responsible for the ambient air monitoring (andother regulatory) functions that had been conducted (i.e., until mid-2001) bythe Clark County Health District. Currently, forCO, DAQEM operates 7 SLAMS sites, 4 NAMS sites, and4 special
.purpose monitoring sites. Each ofthese air quality monitoring stations uses a DasibiCO Analyzer which employs the Gas Filter Correlation technique. The monitoring schedule for CO is continuous. Most ofthe CO monitoring sites are sitedat the neighborhood scale with an objective ofassessing population exposure. The South Las Vegas Boulevard station, located near an intersection with hightraffic density, is designated as microscale.

In August 2001, EPA conducted a technical systems audit onDAQEM's ambient air monitoring program to

assess its compliance with established regulations governing the collection, analysis, validation, and reporting of ambient air quality data. In our February 2002 report containing the findings of this audit, weconcluded that, despite various program defixiencies, the data

was suitable for use in regulatory decisions inlight of substantial compliance with many ofthe quality control activities required byEPA regulations. Thus, we conclude that the CO data is appropriate for use in determining whether the Las Vegas Valley has attained the CO NAAQS. Our February 2002 audit report is included inthe docket forthis rulemaking.

COMonitoringData: The following table summarizes the CO data collected
atthe various CO monitoring stations in Las Vegas Valley in 1999 and 2000 and included in AQS.

SUMMARY OF CARBON MONOXIDE AIR QUALITY DATA LAS VEGAS VALLEY, CLARK COUNTY, NEVADA, 

### 1999-2000

2nd highest-8-hourconcentration (ppm) 2nd highest 1-hour concentration (ppm) Monitoring site name and AQS number 1999 2000 Design 1999 2000 Design value value

Boulder City (32-003-0601)

........................................... 0.6 1.1 1.1 1.1 1.3 1.3 City Center (32-003-0016)

............................................. 5.6 4.8 5.6 8.5 7.2 8.5 Craig Road (32-003-0020)

............................................. 2.7 1.8 2.7 2.9 3.0 3.0 Crestwood (32-003-0562)

.............................................. 5.8 5.1 5.8 7.8 6.9 7.8 East Flamingo (32-003-1022)

........................................ 5.2 4.2 5.2 7.5 6.2 7.5 East Sahara (32-003-0539)

............................................ 6.9 5.7 6.9 8.7 7.2 8.7 Health District (32-003-0021)

......................................... 5.1 *ND 5.1 6.8 *ND 6.8 Green Valley (32-003-0298)

........................................... 1.9 1.7 1.9 3.0 2.7 3.0 S. East Valley (32-003-0007)

......................................... 1.7 1.5 1.7 3.3 2.8 3.3 Winterwood (32-003-0538)

............................................. 6.5 4.1 6.5 8.3 6.0 8.3 Paul Meyer (32-003-0043)

............................................. 2.0 1.6 2.0 2.8 3.0 3.0 Pittman (32-003-0107)

................................................... 2.5 2.1 2.5 5.9 4.2 5.9 S. Las Vegas Blvd (32-003-1023)

.................................. 4.4 3.7 4.4 6.9 5.6 6.9 Sunrise Acres (32-003-0561)

......................................... 8.2 7.1 8.2 10.2 8.5 10.2 J.D. Smith (32-003-2002)

............................................... 4.4 3.8 4.4 6.7 5.8 6.7

Area Design Value-Sunrise Acres

................................. 8-Hour CO Design Value: 8.2 ppm 1-Hour CO Design Value: 10.2 ppm

Source: EPA Air Quality System (AQS) Database. *ND =No Data. 

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As shown in the above table, the designvalues are less than 9.5 ppm (eight-hour average) and 35.5 ppm (onehour average) at all of the sites. Therefore, we propose tofind that the Las Vegas Valley attained the CO NAAQS by December 31, 2000, which is the applicable attainment date forthis nonattainment area under the Act.

Areview of data input to AQS indicates that Las Vegas Valley has continued to attain the CO NAAQS' since the end of2000. The highest 8- hour and 1-hour CO concentrations measured atthe various monitoring stations during the 2001 through 2003 period were 7.2 ppm and 8.9 ppm, respectively (bothat the Sunrise Acres station in 2001), which are well below the corresponding CO NAAQS of9 ppm and 35 ppm, respectively. A "quick look" reportgenerated using AQS for the Las Vegas Valley CO monitoring stations forthe 2001 to 2003 period is included in the docket for this proposed rule.
II. Applicability ofClean AirAct Contingency Provisions

A. Background

In our proposal to approve SIP revisions submitted by the State of Nevada to provide for attainment ofthe CO NAAQS inthe Las Vegas Valley Nonattainment Area (68 FR 4141, January 28, 2003), we concluded that the contingency measure requirements forthe area under sections 172(c)(9) and 187(a)(3) ofthe Act were metby the implementation ofstandardized OnBoard Diagnostics systems (OBD II) testing (aspart ofthe vehicle inspection andmaintenance (I/M)program). See 68 FR at4157. Inthat proposal, we also proposed to disapprove two other contingency measures (i.e.,Lower I/M Program Cutpoints and On Road Remote Sensing) that hadbeen submitted as part ofthe Las Vegas Valley serious area CO attainment plan, the CarbonMonoxide StateImplementationPlan,Las Vegas ValleyNonattainment Area, Clark County,Nevada (August 2000). See 68 FR at 4157.

In the final rule, we approved the SIP revisions as we had proposed with the exception ofthe contingency provisions. Withrespect to the contingency provisions, we stated that objections raised bypublic comments on the appropriateness ofour proposed approval ofOBD IItesting as fulfilling the contingency measure requirements under sections 172(c)(9) and 187(a)(3) of the Act (inaddition to fulfilling an I/M requirement) and the fact that Clark County had yetto provide quantitative information on the emissions reductions associated with OBD II testing consistent with theircommitment to do

so had lead us to defer takingfinal action onthe contingency provisions in that notice. See 69 FR 56351 (September 21, 2004). We indicated inthat final rule that we would address the contingency provision requirements for Las Vegas Valley in a separate rulemaking. This proposal constitutes that rulemaking.

B.Effect ofaFindingof Attainmentby Applicable AttainmentDateon CAA ContingencyMeasure Requirement Upon our designation ofLas Vegas Valley as aCO nonattainment area, Las VegasValley became subject to the contingency provisions set forth in subpart 1 (oftitleI ofthe Act) at section 172(c)(9) and in subpart 3 at section 187(a)(3). For the reasons described below, webelieve that the contingency provisions under sections 172(c)(9) and 187(a)(3) are no longer required for CO nonattainment areas that are determined
to have attained the CO NAAQS bythe applicable attainment date.

Section 172(c)(9) requires aState to submit contingency measures that will be implemented ifan area fails to make "reasonable further progress" (RFP) 1or fails to attain bythe applicable attainment date.Thus, the stated
purpose ofthe contingency measure requirement is to ensure RFP (the
purpose ofwhich is to ensure attainment by the applicable attainment date) and attainment by the applicable attainment date.If an area has in fact attained the standard by the applicable attainment date,the statedpurpose of the contingency measure requirement will have already been fulfilled. Consequently, webelieve that the requirement for a Stateto submit revisions providing for measures to meet the contingency provisions of section 172(c)(9) no longer applies for

an area thatwe find ashaving attained the relevant NAAQS bythe applicable attainment date. We note that we took this view with respect to the general contingency measure requirement of section 172(c)(9) in our "General Preamble forthe Interpretation ofTitle Iofthe Clean AirAct Amendments of 1990" at 57 FR 13498 (April 16, 1992). Inthe General Preamble, we stated, inthe context ofa discussion ofthe requirements applicable to the evaluation ofrequests to redesignate nonattainment areas to attainment, that

IRFP -means"such annual incremental
reductions in emissions ofthe relevant airpollutant

as are required by this partor mayreasonably be required by the Administrator for thepurpose of ensuring attainment ofthe applicable national ambient air quality standard by the applicable date." See section 171(1) ofthe Act. the "section 172(c)(9)requirements for contingency measures * * * no longer apply when an area has attained the standard and is eligible for redesignation." See 57 FR 13498, at 13564 (April 16, 1992). See also "Procedures for Processing Requests to Redesignate Areas to Attainment," from John Calcagni, Director, Air Quality Management Division, to Regional Air Division Directors, September 4, 1992 (http://www.epa.gov/ttn/naaqsozonel ozonetech/940904.pdfl, atpage 6.

Section 187(a)(3) identifies two circumstances forwhich contingency

measures must be submitted. First, a State must submit contingency

measures tobe implemented ifany estimate ofvehicle miles traveled (VMT) in the area for any year priorto the attainment year that is submitted in an annual report under section 187(a)(2)(A) ("VMT tracking report") exceeds the number predicted in the most recent prior forecast. This aspect of section 187(a)(3) supports reasonable further
progress (RFP) by ensuring that the SIP contains a mechanism to correct for underprediction in the CO plan ofVMT and related motor vehicle emissions in
years prior to the attainment year, and thereby serves to help maintain the overall year-to-year reduction in CO emissions that is referred to as the RFP requirement. However, since the provision applies only to years prior to the attainment year and that yearhas already passed, andthe purpose ofRFP itselfis fulfilled upon afinding of attainment bythe applicable attainment date, we find that the additional support forRFP that would otherwise be provided through the application of section 187(a)(3) is no longerrequired
upon that same finding ofattainment by the applicable attainment date. Second, under section 187(a)(3) ofthe Act, a State must submit contingency

measures to be implemented ifthe area fails to attain the national primary ambient air quality standard for carbon monoxide bythe primary standard attainment date.This aspect of section. 187(a)(3), i.e., failure to attain the CO NAAQS by the attainment date, essentially restates the requirement in section 172(c)(9) ("* * * measures to be undertaken if the area * * * fails to attain the national primary ambient air quality standard by the attainment date applicable under this part.") As such,

our interpretation ofsection 172(c)(9) described above that a State need no longer submit revisions providing for

measures to meet the contingency provisions ofsection 172(c)(9) for areas that we find as having attained the CO NAAQS bythe applicable attainment date applies equally to the 

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correspondipg provision in section 187(a)(3).

Therefore, based on our proposed finding that Las Vegas Valley has attained the CO NAAQS bythe applicable attainment date (December 31, 2000), we propose to find that the contingency requirements under section 172(c)(9) and 187(a)(3) oftheAct will

no longer apply for the Las Vegas Valley CO nonattainment area at such time as

we finalize ourproposed attainment finding.

III. EPA's Proposed Action

EPA proposes to find, pursuant to sections 179(c)(1) and 186(b)(2) ofthe Act, that the Las Vegas Valley "serious" nonattainment area has attained the NAAQS for CO by the applicable attainment date. Iffinalized as proposed, our action will relieve the State ofNevada from the obligation under section 187(g) ofthe Actto prepare and submit a SIP revision providing for areduction ofCO emissions within Las Vegas Valley by at least five percent per year in each year after approval ofthe SIP revision until the CO NAAQS is attained. It should be noted that this proposed action does not represent a proposal to redesignate this

area from "nonattainment" to "attainment". Under section 107(d)(3)(E), the Clean AirAct requires that; for an area to beredesignated from nonattainment to attainment, five criteria mustbe satisfied including the submittal bythe State (andapproval by EPA) of amaintenance plan as a SIP revision. Therefore, the designation
status ofLas Vegas Valley in 40 CFR part 81 is unaffected bythis proposed action, and Las Vegas Valley will remain a "serious" nonattainment area for CO until suchtime as EPA finds that the State ofNevada has metthe Clean Air Act requirements for redesignation
to attainment.

Based on our proposed finding of attainment by the applicable attainment date, we are also proposing to determine thatthe CAA's requirement for the SIP
to provide for CO contingency measures will no longer apply to Las Vegas Valley. Inthis instance, the State submitted contingency mbasures (as part ofthe Las Vegas Valley serious area CO plan adopted inAugust 2000), but

we will continue to defer taking any further action on them under sections 172(c)(9) and 187(a)(3) ofthe Act in light ofthis proposed finding .of attainment by the applicable attainment date and resulting determination that the contingency measure requirement

no longer applies to the area. The State
may elect to withdraw the contingency

measures to lift the obligation dn EPA under section 110(k) to act on SIP subgittals within certain time periods. Ifwe finalize this action as proposed, then the remaining FIP obligation (i.e., relative to contingency measures) that

was triggered 24 months after our finding ofNevada's failure to submit a serious area CO plan for Las Vegas Valley (see64 FR 49084, September 10, 1999) will be permanently lifted.

IV. Request forpublic Comment

Weare soliciting public comment on all aspects ofthis proposal. These
comments will be considered before taking final action. To comment on today's proposal, you should submit
comments by mail orin person (in triplicate ifpossible) to theADDRESSES section listed inthe front ofthis document. Your comments must be received byFebruary 22, 2005 to be considered in the final actiontaken by EPA.

V. Administrative Requirements

Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a "significant regulatory action" and therefore is not subject to reviewby the Office ofManagement and Budget. For this reason, this action is also not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use" (66 FR 28355, May 22, 2001). This proposed action merely
proposes to find that an area has attained a national ambient air quality standard based on an objective review of measured air quality data. It also proposes to determine that certain Clean Air Act requirements no longer apply so long as the area continues to attain the standard. Iffinalized, it would not impose any new regulations, mandates,

oradditional enforceable duties on any public, nongovernmental, or private entity. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on

a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 etseq.). Because this proposed rule does not impose any additional enforceable duty, it does not contain any unfunded mandate or significantly or uniquely affect small governments, as described inthe Unfunded Mandates Reform Act of1995 (Pub.L. 104-4).

This proposed rulealso does not have tribal implications because it will not have a substantial direct effect on one or

more Indian tribes, onthe 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 itdoes not have substantial direct effects on the States,

on the relationship between the national government and the States, or onthe distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR43255, August 10, 1999). This action merely
proposes to find that an area has attained a national ambient air quality standard and is therefore not subject to certain specific requirements for so long

as the area continues to attain the standard, and does not alterthe relationship or the distribution ofpower and responsibilities establishea in the Clean Air Act. This proposed rule also is not subject to Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because itis not economically significant.

This proposed rule does not involve establishment oftechnical standards, and thus, the requirements of section 12(d) ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)do not apply. This proposed rule does notimpose an information collection burden under the provisions ofthe Paperwork Reduction Acfof 1995 (44 U.S.C. 3501 etseq.)

Authority: 42 U.S.C. 7401 etseq. *

ListofSubjects in40 CFR Part 81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: January 7,2005. Laura Yoshii, ActingRegional Administrator, Region IX. [FR Doc. 05-1119 Filed 1-19-05; 8:45 am]

BILLING CODE 6560-50-P

HARRY S. TRUMAN SCHOLARSHIP

FOUNDATION

45 CFR Part 1801

JScholarAccountabilityPolicy

AGENCY: Harry S.Truman Scholarship Foundation. ACTION: Notice ofprojosed rulemaking

SUMMARY: The Truman Scholarship Foundation [Foundation] proposes to amend its regulations with respect to Scholar accountability to the Foundation for scholarship funds received. This rule is to clarify existing Foundation policy. 

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