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 Valley 

to 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, letter 
2 

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 Air 
5 

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 for 
9 

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 PM2.5 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.