**INDEX TO DOCKET EPA-R09-OAR-2010-0585**

**APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS AND**

**DESIGNATIONS OF AREAS FOR AIR QUALITY PLANNING PURPOSES; STATE OF**

**NEVADA; REDESIGNATION OF LAS VEGAS VALLEY TO ATTAINMENT FOR THE**

**CARBON MONOXIDE STANDARD**

**CATEGORY I. NOTICE OF PROPOSED RULEMAKING**

A. Proposed Rule, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Nevada; Redesignation of Las Vegas Valleyto Attainment for the Carbon Monoxide Standard,” prepublication, signed version, July 21, 2010.

B. 75 FR 44734, Proposed Rule, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Nevada; Redesignation of Las Vegas Valley to Attainment for the Carbon Monoxide Standard,” July 29, 2010.

**CATEGORY II. SUBMITTALS OF REVISIONS TO STATE IMPLEMENTATION**

**PLAN**

A. Leo M. Drozdoff, P.E., Administrator, Nevada Division of Environmental Protection, letter to Wayne Nastri, Regional Administrator, EPA Region IX, transmitting the Las Vegas Valley Carbon Monoxide Redesignation Request and Maintenance Plan, September 18, 2008.

1. NDEP SIP Revision letter dated September 18, 2008.

2. 2008 Las Vegas CO Maintenance Plan, September 2008.

3. Appendix A: Wintertime Gasoline Fuel Specifications Study, January 17, 2008.

4. Appendix B: Technical Support Document, Carbon Monoxide Modeling for the Clark County Maintenance Plan, May 19,

2008.

5. Appendix C: Documentation of the Public Review Process.

B. Leo M. Drozdoff, P.E., Administrator, Nevada Division of Environmental Protection, letter to Jared Blumenfeld, Regional Administrator, EPA Region IX, transmitting a supplement to the Las Vegas Valley Carbon Monoxide Redesignation Request and Maintenance Plan consisting of the suspension of Clark County’s section 54, Cleaner Burning Gasoline: Wintertime Program, and the revision of Nevada Administrative Code section 590.065, March 26, 2010.

1. NDEP SIP Revision letter dated March 26, 2010.

2. Lewis Wallenmeyer, Director, Clark County DAQEM, letter2

to Leo Drozdoff, P.E., Administrator, NDEP, March 12,

2010.

3. Documentation List: For Inclusion into Appendix C of the 2008 Las Vegas Valley CO Maintenance Plan, including the suspension of Clark County AQR section 54, and the amendment of Nevada Administrative Code

section 590.065.

**CATEGORY III. FEDERAL REGISTER NOTICES**

A. 36 FR 8186, “Part 410 – National Primary and Secondary Ambient Air Quality Standards,” final rule, April 30, 1971.

B. 43 FR 8962, “Part 81 – Air Quality Control Regions, Criteria, and Control Techniques, Section 107 – Attainment Status Designations,” final rule, March 3, 1978.

C. 46 FR 21758, “Approval and Promulgation of Implementation Plans; Nonattainment Area Plans for the State of Nevada,” final rule, April 14, 1981.

D. 47 FR 15790, “Approval and Promulgation of Implementation Plans; Nonattainment Area Plans for the State of Nevada,” final rule, April 13, 1982.

E. 49 FR 44208, “Air Programs; Nevada State Implementation Plan Revisions,” final rule, November 5, 1984.

F. 50 FR 37484, “Review of the National Ambient Air Quality Standards for Carbon Monoxide,” final rule, September 13,

1985.

G. 57 FR 1700, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Missouri,” proposed rule, January 15,

1992.

H. 57 FR 1705, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Kansas,” proposed rule, January 15, 1992.

I. 57 FR 13498, “State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990,” general preamble for future proposed rulemakings, April 16, 1992.3

J. 57 FR 18070, “State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990; Supplemental,” general preamble for future proposed rulemakings - appendices, April 28, 1992.

K. 57 FR 27936, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Kansas,” final rule, June 23, 1992.

L. 57 FR 27939, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Missouri,” final rule, June 23, 1992.

M. 60 FR 62748, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; State of Florida Change in National Policy Regarding Applicability of Conformity Requirements to Redesignation Requests,” direct final rule, December 7,

1995.

N. 61 FR 20458, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio,” final rule, May 7, 1996.

O. 61 FR 53174, “Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation Request,Maintenance Plan, and Emissions Inventory for the Reading Ozone Nonattainment Area; Policy Change for Ozone Redesignations,” proposed rule, October 10, 1996.

P. 62 FR 24826, “Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Redesignation, Maintenance Plan, and Emissions Inventories for Reading; Ozone Redesignations Policy Change,” final rule, May 7,

1997.

Q. 62 FR 51604, “Clean Air Act Reclassification; Nevada-Clark County Nonattainment Area; Carbon Monoxide,” final rule,
October 2, 1997.

R. 64 FR 29573, “Approval and Promulgation of Implementation Plans; Nevada State Implementation Plan Revision, Clark County,” final rule, June 2, 1999.4

BB. S. 65 FR 37879, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Ohio and Kentucky,” final rule, June 19, 2000.

T. 66 FR 53094, “Approval and Promulgation of Air Quality Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Pennsylvania; Redesignation of Pittsburgh-Beaver Valley Ozone Nonattainment Area to Attainment and Approval of Miscellaneous Revisions,” final
rule, October 19, 2001.

U. 68 FR 2954, “Approval and Promulgation of Implementation Plans; Nevada-Las Vegas Valley PM-10 Nonattainment Area;

Serious Area Plan for Attainment of the Annual and 24-Hour PM-10 Standards, proposed rule, January 22, 2003.

V. 68 FR 4141, “Approval and Promulgation of State Implementation Plans; State of Nevada; Clark County,” proposed rule, January 28, 2003.

W. 69 FR 28830, “Official Release of the MOBILE6.2 Motor

Vehicle Emissions Model and the December 2003 AP-42 Methods for Re-Entrained Road Dust,” notice of availability, May 19,

2004.

X. 69 FR 31056, “Approval and Promulgation of Implementation Plans; New Source Review; State of Nevada; Clark County Department of Air Quality Management,” proposed rule, June

2, 2004.

Y. 69 FR 32273, “Approval and Promulgation of Implementation Plans; Nevada-Las Vegas Valley PM-10 Nonattainment Area;

Serious Area Plan for Attainment of the Annual and 24-Hour PM-10 Standards,” final rule, June 9, 2004.

Z. 69 FR 54006, “Approval and Promulgation of Implementation Plans; New Source Review; State of Nevada, Clark County Department of Air Quality and Environmental Quality,” final rule, September 7, 2004.

AA. 69 FR 56351, “Approval and Promulgation of Implementation Plans; State of Nevada; Las Vegas Valley Carbon Monoxide Nonattainment Area,” final rule, September 21, 2004.

70 FR 3174, “Determination of Attainment by the Applicable

Attainment Date for the Carbon Monoxide National Ambient Air5

Quality Standard Within the Las Vegas Valley Nonattainment Area, Clark County, NV; Determination Regarding Applicability of Certain Clean Air Act Requirements,” proposed rule, January 21, 2005.

CC. 70 FR 31353, “Determination of Attainment by the Applicable

Attainment Date for the Carbon Monoxide National Ambient Air Quality Standard Within the Las Vegas Valley Nonattainment Area, Clark County, NV; Determination Regarding Applicability of Certain Clean Air Act Requirements,” final
rule, June 1, 2005.

DD. 70 FR 71612, “Final Rule To Implement the 8-Hour Ozone National Ambient Air Quality Standard—Phase 2; Final Rule To Implement Certain Aspects of the 1990 Amendments Relating to New Source Review and Prevention of Significant Deterioration as They Apply in Carbon Monoxide, Particulate Matter and Ozone NAAQS; Final Rule for Reformulated Gasoline,” final rule, November 29, 2005.

EE. 71 FR 6352, “Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Finding of Attainment for Ajo Particulate Matter of 10 Microns or Less (PM10) Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements,” direct final rule, February 8, 2006.

FF. 71 FR 13021, “Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of Arizona; Particulate Matter of 10 Microns or Less; Finding of Attainment for Yuma Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements,” direct final rule, March 14, 2006.

GG. 71 FR 26910, “Approval and Promulgation of Implementation Plans; Las Vegas Valley Carbon Monoxide Attainment Plan,” proposed rule, May 9, 2006.

HH. 71 FR 27440, “Approval and Promulgation of Air Quality Implementation Plans; West Virginia; Redesignation of the City of Weirton PM–10 Nonattainment Area to Attainment and Approval of the Maintenance Plan,” proposed rule, May 11,

2006.6

II. 71 FR 40952, “Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM–10; Determination of Attainment for the San Joaquin Valley Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements,” proposed rule, July 19, 2006.

JJ. 71 FR 44587, “Approval and Promulgation of Implementation Plans; Las Vegas Valley Carbon Monoxide Attainment Plan,” final rule, August 7, 2006.

KK. 71 FR 63642, “Approval and Promulgation of Implementation Plans; Designation of Areas for Air Quality Planning Purposes; State of California; PM–10; Determination of Attainment for the San Joaquin Valley Nonattainment Area; Determination Regarding Applicability of Certain Clean Air Act Requirements,” final rule, October 30, 2006.

LL. 71 FR 78192, “Boutique Fuels List under Section 1541(b) of the Energy Policy Act,” notice, December 28, 2006.

MM. 72 FR 6986, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; California,” proposed rule, February 14, 2007.

NN. 72 FR 26718, “Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; California,” final rule, May 11, 2007.

OO. 73 FR 1175, “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,” proposed rule, January 7, 2008.

PP. 73 FR 20536, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Stationary Source Permits,” final rule, April 16, 2008.

QQ. 73 FR 38124, “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,” final rule, July 3, 2008.7

RR. 73 FR 66182, “Approval and Promulgation of Implementation Plans; Revisions to the Nevada State Implementation Plan; Clark County,” direct final rule, November 7, 2008.

SS. 74 FR 3975, “Approval and Promulgation of Implementation Plans; Nevada; Vehicle Inspection and Maintenance Program,” final rule, January 22, 2009.

TT. 75 FR 9411, “Official Release of the MOVES2010 Motor Vehicle

Emissions Model for Emissions Inventories in SIPs and Transportation Conformity,” notice of availability, March 2,

2010.

UU. 75 FR 17254, “Revisions to the General Conformity Regulations,” final rule, April 5, 2010.

**CATEGORY IV. OTHER DOCUMENTS CONSIDERED FOR PROPOSED RULEMAKING**

A. John Calcagni, Director, Air Quality Management Division, EPA Office of Air Quality Planning and Standards, memorandum titled “Procedures for Processing Requests to Redesignate Areas to Attainment,” September 4, 1992.

B. G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, EPA Office of Air Quality Planning and Standards, memorandum titled “Early Implementation of Contingency Measures for Ozone and Carbon Monoxide (CO) Nonattainment Areas,” August

13, 1993.

C. Michael Horowitz, EPA Office of General Counsel, memorandum titled “Requirements for Reduced RVP in State Maintenance
Plans,” November 8, 1993.

D. John S. Seitz, Director, EPA Office of Air Quality Planning and Standards, memorandum titled “Reasonable Further Progress, Attainment Demonstration, and Related Requirements for Ozone Nonattainment Areas Meeting the Ozone National Ambient Air Quality Standard,” May 10, 1995.

E. Sierra Club v. EPA, 99 F.3d 1551 (10th Cir. 1996).

F. Clark County Department of Comprehensive Planning and the Board of Commissioners, Carbon Monoxide State Implementation Plan, Las Vegas Valley Nonattainment Area, Clark County,8

Q. Nevada, August 2000, excluding appendices.

G. Clark County Department of Comprehensive Planning and the Board of Commissioners, Carbon Monoxide State Implementation Plan, Las Vegas Valley Nonattainment Area, Clark County, Nevada, August 2000, appendix D, sections 2, 3 and 9.

H. Wall v. EPA , 265 F.3d 426, 439 (6th Cir. 2001)

I. Sierra Club v. EPA, 375 F.3d 537 (7th Cir. 2004).

J. Existing SIP Nevada Administrative Code section 590.065, adopted on October 28, 1998, and approved 69 FR 56351 (September 21, 2004).

K. Stephen D. Page, Director, EPA Office of Air Quality Planning and Standards, memorandum titled “Clean Data Policy for the Fine Particle National Ambient Air Quality
Standards,” December 14, 2004.

L. Our Children’s Earth Foundation v. EPA, No. 04–73032 (9th Cir. June 28, 2005) (memorandum opinion).

M. Clark County Department of Air Quality and Environmental Planning and the Board of Commissioners, Carbon Monoxide State Implementation Plan, Las Vegas Valley Nonattainment Area, Clark County, Nevada, October 2005, excluding appendices.

N. Clark County Department of Air Quality and Environmental Planning and the Board of Commissioners, Carbon Monoxide State Implementation Plan, Las Vegas Valley Nonattainment Area, Clark County, Nevada, October 2005, appendix A (“Technical Support Document”).

O. Stephen A. Owens, Director, Arizona Department of Environmental Quality, letter to Wayne Nastri, Regional Administrator, EPA Region IX, October 3, 2006, and excerpt

from enclosure.

P. Existing SIP Nevada Administrative Code section 445B.22083, adopted on October 4, 2005, and approved 73 FR 20536 (April

16, 2008).

EPA, notice of SIP availability of the Las Vegas Valley carbon monoxide maintenance plan and related budgets for9

adequacy review, posted September 30, 2008.

R. Letter from Sean P. Hogan, Manager, Air Quality Analysis Office, EPA Region IX, to Lewis Wallenmeyer, Director, Clark County Department of Air Quality and Environmental Management, dated May 5, 2008, approving Clark County’s 2007 Annual Network Plan Report with certain exceptions related

to ambient PM 2.5 monitoring.

S. Letter from Sean P. Hogan, Manager, Air Quality Analysis Office, EPA Region IX, to Lewis Wallenmeyer, Director, Clark County Department of Air Quality and Environmental Management, dated November 10, 2008, approving Clark County’s 2008 Annual Network Plan Report.

T. Latino Issues Forum v. EPA , Nos. 06-75831 and 08-71239 (9th Cir. March 2, 2009)(memorandum opinion).

U. Letter from Joseph Lapka, Acting Manager, Air Quality Analysis Office, EPA Region IX, to Lewis Wallenmeyer, Director, Clark County Department of Air Quality and Environmental Management, dated November 12, 2009, approving Clark County’s 2009 Annual Network Plan Report.

V. U.S. EPA, Region IX, Technical System Audit Report, Clark County Department of Air Quality and Environmental Management Ambient Air Quality Monitoring Program, July 28- 30, 2009, February 2010.

W. Air Quality System Quicklook report, dated May 12, 2010, summarizing all criteria pollutant monitoring data collected at monitoring stations in Clark County, Nevada area from 2004 through 2009.

X. Clark County Department of Air Quality and Environmental Management, Annual Network Plan Report, June 2010.

Y. Anthony Lesperance, Director, Nevada Department of Agriculture, letter to Lewis Wallenmeyer, Director, Clark County Department of Air Quality and Environmental Management, June 22, 2010.

Z. Nevada Department of Agriculture, “Notice of Intent to Solicit Public Comment or Request a Public Hearing,” undated but opening comment period on July 12, 2010.10

AA. Air Quality System Quicklook report, dated July 12, 2010, summarizing PM-10 monitoring data collected at monitoring stations in Clark County, Nevada area for the first quarter

of 2010.

BB. Air Quality System Quicklook report, dated July 13, 2010, summarizing carbon monoxide monitoring data collected at monitoring stations in Clark County, Nevada area for the first quarter of 2010.

**CATEGORY V. OFFICIAL PUBLIC COMMENT ON THE NPRM**

Reserved.

**CATEGORY VI. NOTICE OF FINAL RULEMAKING**

Reserved.

**CATEGORY VII. INCORPORATION BY REFERENCE DOCUMENTS**

Reserved.