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[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Rules and Regulations]               
[Page 59090-59094]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27se10-16]                         

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2010-0585; FRL-9204-9]

 
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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to approve the State of Nevada's 
request to redesignate to attainment the Las Vegas Valley nonattainment 
area for the carbon monoxide national ambient air quality standard. EPA 
is also taking final action to approve the carbon monoxide maintenance 
plan and motor vehicle emissions budgets for the area, as well as 
certain additional revisions to the Nevada state implementation plan 
that relate to Las Vegas Valley. These revisions include the suspension 
of a local wintertime cleaner burning gasoline rule, and the relaxation 
of a State rule governing wintertime gasoline in Clark County. EPA's 
proposed approval of the redesignation request and maintenance plan had 
been made contingent upon receipt of a supplemental submittal from the 
State of Nevada containing a commitment to seek reinstatement of the 
existing vapor pressure limit in the State wintertime gasoline rule, if 
necessary, to implement the related contingency measure in the 
maintenance plan. Nevada has now submitted, and EPA is today approving, 
the necessary commitment as a revision to the Nevada state 
implementation plan.

DATES: Effective Date: This rule is effective on September 27, 2010.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2010-0585 for 
this action. The index to the docket is available electronically at 
http://www.regulations.gov and in hard copy at EPA Region IX, 75 
Hawthorne Street, San Francisco, California. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Karina O'Connor, EPA Region IX, (775) 
833-1276, oconnor.karina@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document, the terms ``we,'' 
``us,'' and ``our'' refer to EPA. This supplementary information is 
organized as follows:

Table of Contents

I. Proposed Action
II. Public Comments
III. EPA Action
IV. Statutory and Executive Order Reviews

I. Proposed Action

    On July 29, 2010 (75 FR 44734), we proposed to approve the Nevada 
Division of Environmental Protection's (NDEP's) request to redesignate 
to attainment the Las Vegas Valley \1\ carbon monoxide (CO) 
nonattainment area located within Clark County, Nevada, and related 
revisions to the Nevada state implementation plan (SIP). The specific 
SIP revision submittals that we proposed to approve are listed in the 
following table:
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    \1\ Specifically, the Las Vegas Valley CO nonattainment area is 
defined by reference to State hydrographic area 212. See 40 
CFR 81.329. The Las Vegas Valley encompasses roughly 1,500 square 
miles within Clark County and includes the cities of Las Vegas, 
North Las Vegas, and Henderson. Roughly two million people reside in 
Clark County, mostly within Las Vegas Valley. NDEP is the state 
agency under state law that is responsible for SIP matters for the 
State of Nevada. Within Clark County, the Clark County Board of 
Commissioners, acting through the Department of Air Quality and 
Environmental Management (DAQEM), is empowered under state law to 
develop air quality plans and to regulate stationary sources within 
the county with the exception of certain types of power plants, 
which lie exclusively within the jurisdiction of NDEP.

------------------------------------------------------------------------
                                                        State of Nevada
          Plan or rule             Adoption date(s)    submittal date(s)
------------------------------------------------------------------------
Carbon Monoxide Redesignation     Adopted by the      Submitted by NDEP
 Request and Maintenance Plan,     Clark County        by letter dated
 Las Vegas Valley Nonattainment    Board of            September 18,
 Area, Clark County, Nevada        Commissioners on    2008.
 (September 2008).                 September 2, 2008.
Clark County Air Quality          Adopted by the      Submitted by NDEP
 Regulations, Section 54           Clark County        by letter dated
 (``Cleaner Burning Gasoline       Board of            March 26, 2010.
 (CBG): Wintertime Program'')      Commissioners on
 (Suspended).                      September 15,
                                   2009, effective
                                   September 29,
                                   2009.
Nevada Administrative Code (NAC)  Adopted by the      Submitted by NDEP
 section 590.065 (amended).        Nevada Board of     by letter dated
                                   Agriculture on      March 26, 2010.
                                   December 9, 2009,
                                   effective January
                                   28, 2010.
------------------------------------------------------------------------

    We proposed to approve NDEP's redesignation request because we 
found that the area meets all of the criteria for redesignation under 
section 107(d)(3)(E)(i) through (v) of the Clean Air Act (CAA or 
``Act''), as discussed in the following paragraphs.
     Based on our review of the monitoring network and 
complete, quality-assured data for 2008-2009 up to the present time, we 
proposed to find that Las Vegas Valley has attained, and continues to 
attain, the CO standard and thus meets the criterion for redesignation 
set forth in section 107(d)(3)(E)(i). See the July 29, 2010 proposed 
rule at pages 44738-44739.
     Based on our review of previous rulemakings approving 
various rules and plans affecting the Las Vegas Valley CO nonattainment 
area, we proposed to find that, with the sole exception of the CO 
milestone requirement, the area has a fully approved SIP under CAA 
section 110(k) that meets all of the applicable requirements under CAA 
section 110 and part D for the purposes of redesignation and thereby 
meets the criteria for redesignation under CAA section 107(d)(3)(E)(ii) 
and (v). See the July 29, 2010 proposed rule at pages 44739-44743. With 
respect to the CO milestone requirement under CAA section 187(d), we 
proposed to adapt to CO nonattainment areas the provisions of our Clean 
Data Policy, which was initially established for ozone (see discussion 
at 75 FR 44742). Under the Clean Data Policy, certain CAA Part D

[[Page 59091]]

requirements--including, among others, the CO Milestone requirement--no 
longer apply because the area has already attained the NAAQS.
     We proposed to find that the improvement in ambient CO 
concentrations in Las Vegas Valley is due to permanent and enforceable 
reductions in emissions resulting from implementation of the applicable 
SIP and applicable Federal air pollution control regulations and other 
permanent and enforceable regulations and that the area thereby meets 
the criterion for redesignation under CAA section 107(d)(3)(E)(iii). 
See the July 29, 2010 proposed rule at pages 44743-44744. The specific 
measures that have improved ambient CO conditions in Las Vegas Valley 
include the Federal Motor Vehicle Control Program; the State's vehicle 
I/M program; State regulations establishing a low Reid vapor pressure 
(RVP) specification for wintertime gasoline in Clark County [Nevada 
Administrative Code (NAC) section 590.065 (herein referred to as the 
``Low RVP Rule'')]; Clark County's wintertime gasoline requirements, 
including Clark County Air Quality Regulations (AQR) Section 53 
(``Oxygenated Gasoline Program''), and Section 54 (``Cleaner Burning 
Gasoline: Wintertime Program'') (herein, referred to as the ``CBG 
Rule''); and to a lesser extent, the State's Alternative Fuels for 
Government Fleets Program and the Regional Transportation Commission of 
Southern Nevada's (RTC's) voluntary transportation control measure/
transportation demand management (TCM/TDM) program. All of these 
measures are Federal measures or are State and local measures that have 
been approved into the SIP and are thus federally enforceable.
     We proposed to approve NDEP's maintenance plan submittal 
dated September 18, 2008 titled Carbon Monoxide Redesignation Request 
and Maintenance Plan, Las Vegas Valley Nonattainment Area, Clark 
County, Nevada (September 2008) (``Las Vegas Valley CO Maintenance 
Plan'' or ``Maintenance Plan'') \2\ as a revision to the Nevada SIP 
because we found the plan to satisfy the applicable CAA requirements, 
including CAA section 175A. See the July 29, 2010 proposed rule at 
pages 44744-44749. On the basis of our proposed approval of the 
Maintenance Plan, we proposed to find that the area meets the criterion 
for redesignation under CAA section 107(d)(3)(E)(iv). In connection 
with the Maintenance Plan, we proposed to approve the motor vehicle 
emissions budgets (MVEBs) for years 2008, 2010, and 2020 for the 
purposes of transportation conformity based on our conclusion that they 
meet the criteria for such budgets in 40 CFR 93.118(e).
---------------------------------------------------------------------------

    \2\ The Las Vegas Valley CO Maintenance Plan consists of the 
main body of the plan and three appendices: Appendix A (``Wintertime 
Gasoline Fuel Specification Study''), Appendix B (Technical Support 
Document, Carbon Monoxide Modeling for the Clark County Maintenance 
Plan''), Appendix C (``Documentation of the Public Review 
Process'').
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    In addition to proposing action on the State's 2008 redesignation 
request and submittal of the Las Vegas Valley Maintenance Plan, in our 
July 29, 2010 proposed rule, we also proposed action on a SIP revision 
from NDEP submitted on March 26, 2010 of changes related to rules 
establishing wintertime gasoline requirements in Las Vegas Valley. See 
the July 29, 2010 proposed rule at pages 44749-44752. These are the 
County's CBG Rule, which establishes certain wintertime gasoline 
specifications related to sulfur and aromatic hydrocarbons 
(``aromatics''), and the State's Low RVP Rule, which establishes a low 
Reid vapor pressure (RVP) specification for gasoline sold during the 
late fall and winter months in Clark County. In our July 29, 2010 
proposed rule, we proposed to approve the suspension of Clark County's 
CBG Rule and the relaxation of the State's Low RVP Rule because we 
concluded, in accordance with CAA section 110(l), that doing so would 
not interfere with attainment or maintenance of any of the NAAQS or any 
applicable requirement of the Clean Air Act.\3\
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    \3\ We did not include subsection (7) of amended NAC 590.065 in 
our proposed approval because the limits in subsection (7) of the 
amended rule are unrelated to the vapor pressure requirement and 
associated CO emissions reductions, and are severable from the rest 
of the rule.
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    The Las Vegas Valley CO Maintenance Plan includes reinstatement of 
the CBG Rule and the Low RVP Rule as contingency measures, as required 
under CAA section 175A(d).\4\ However, while Clark County, through 
adoption of the maintenance plan, has committed to reinstatement of the 
CBG Rule in accordance with the contingency provisions of the plan, the 
Nevada State Department of Agriculture, which is responsible for the 
Low RVP Rule, had not, as of the date of our July 29, 2010 proposed 
rule, made a similar commitment with respect to the Low RVP Rule. Thus, 
we made our approval of the Maintenance Plan and redesignation request 
contingent upon the submittal, and EPA approval, of such a commitment 
as a revision to the Nevada SIP.
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    \4\ In relevant part, CAA section 175A(d) states: ``Each plan 
revision submitted under this section shall contain contingency 
provisions as the Administrator deems necessary to assure that the 
State will promptly correct any violation of the standard which 
occurs after the redesignation of the area as an attainment area. 
Such provisions shall include a requirement that the State will 
implement all measures with respect to the control of the air 
pollutant concerned which were contained in the state implementation 
plan for the area before redesignation of the area as an attainment 
area.''
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    In footnote 4 of our July 29, 2010 proposed rule, we noted that the 
Nevada Department of Agriculture had initiated a 30-day comment period 
to solicit comment (or request a public hearing) on the draft 
commitment regarding implementation of the contingency measure in the 
Maintenance Plan related to reinstatement of the Low RVP Rule and that, 
based on our review of the draft commitment, we expected to approve it 
if the commitment ultimately submitted to us was not significantly 
modified relative to the draft version.
    On August 30, 2010, NDEP submitted the Nevada Department of 
Agriculture's commitment (to seek reinstatement of the Low RVP Rule) as 
a revision to the Nevada SIP. NDEP's August 30, 2010 SIP submittal also 
contains documentation of the public process used by the Nevada 
Department of Agriculture in adopting the commitment. We have reviewed 
the August 30, 2010 submittal and find that the State has met the 
procedural requirements for adopting SIP revisions, and as anticipated 
in our July 29, 2010 proposed rule, the commitment itself mirrors the 
public draft version, which we had found acceptable. Thus, we are 
taking final action today to approve the Department's commitment as a 
revision to the Nevada SIP.
    Please see our July 29, 2010 proposed rule for a detailed 
discussion of the regulatory background for today's action and for a 
more complete discussion of the rationale for our actions in connection 
with the Las Vegas Valley CO Maintenance Plan and redesignation 
request.

II. Public Comments

    EPA's July 29, 2010 proposed rule provided a 30-day public comment 
period, which closed on August 30, 2010. We received only one comment 
during the comment period. The comment notes a typographical error in 
the pre-publication version of the proposed rule. Specifically, the 
date on which we posted the announcement of the Maintenance Plan and 
related motor vehicle emissions budgets for public comment on EPA's 
adequacy Web page was September 30, 2008, not September 30, 3008, as 
shown in the pre-publication version. This typographical error was 
fixed prior to publication and did not appear in the proposed rule as

[[Page 59092]]

published in the Federal Register on July 29, 2010.

III. EPA Action

    For the reasons given in our proposed rule and summarized above, 
EPA is taking final action under CAA section 110(k)(3) to approve 
NDEP's submittal dated September 18, 2008 of the Las Vegas Valley CO 
Maintenance Plan as a revision to the Nevada SIP because we find that 
it satisfies the requirements of section 175A of the CAA to include a 
reasonably accurate and comprehensive attainment inventory, an adequate 
maintenance demonstration, contingency provisions, and commitments to 
continue operation of an acceptable ambient monitoring network to 
verify continued attainment. In connection with the contingency 
provisions of the Maintenance Plan, EPA is approving NDEP's SIP 
revision dated August 30, 2010 containing a commitment from the Nevada 
Department of Agriculture to seek reinstatement by the Nevada Board of 
Agriculture of the Low RVP Rule if called upon to do so through the 
contingency provisions of the Maintenance Plan to address future CO 
violations in Las Vegas Valley.
    Final approval of the Las Vegas Valley CO Maintenance Plan makes 
federally enforceable the commitments, such as the commitment to 
continue operation of an adequate CO monitoring network, and the 
contingency provisions, contained therein. In addition, we are 
approving for transportation conformity purposes the motor vehicle 
emissions budgets (MVEBs) in the Las Vegas Valley CO Maintenance Plan 
for years 2008, 2010, and 2020 because we find they meet the criteria 
found in 40 CFR 93.118(e). The budgets for 2008, 2010 and 2020 are 658 
tons per day, 686 tons per day, and 704 tons per day, respectively 
(based on typical weekday during the winter). As a result, RTC (which 
is the area's Metropolitan Planning Organization) and the U.S. 
Department of Transportation must use the CO MVEBs from the Maintenance 
Plan for future transportation conformity determinations.\5\
---------------------------------------------------------------------------

    \5\ The current approved CO motor vehicle emissions budgets from 
the 2005 CO (Attainment) Plan are: 690, 768, and 817 tons per winter 
weekday for 2010, 2015, and 2020, respectively. See 71 FR 44587 
(August 7, 2006). The Maintenance Plan does not explicitly indicate 
that the budgets set forth therein are intended to replace the 
budgets from the 2005 CO Plan. With our approval today of the MVEBs 
in the Maintenance Plan, two sets of CO budgets now apply for the 
area (i.e., those from the 2005 CO Plan, and those from the 
Maintenance Plan) because they relate to different CAA requirements 
for the same years. As a practical matter, however, the Maintenance 
Plan budgets, being lower than the 2005 CO Plan budgets, represent 
the constraining budgets for determining conformity.
---------------------------------------------------------------------------

    Based in part on our approval of the Las Vegas Valley CO 
Maintenance Plan, we are also approving NDEP's September 18, 2008 
request to redesignate Las Vegas Valley to attainment for the CO NAAQS. 
In doing so, we find that the area has met all of the criteria for 
redesignation under CAA section 107(d)(3)(E), i.e., the area has 
attained the CO standard; EPA has fully approved the Las Vegas Valley 
SIP for all requirements under section 110 and part D of the CAA that 
are applicable for purposes of redesignation (or that no longer apply 
because the area has attained the CO standard); the improvement in CO 
conditions in Las Vegas Valley is due to permanent and enforceable 
reductions; and as described above, the State has submitted a 
maintenance plan for the area that meets the requirements of section 
175A.
    We are also approving, under section 110(k)(3) of the CAA, NDEP's 
March 26, 2010 submittal of the suspension of the County's CBG Rule and 
amendments to the State's Low RVP Rule (in NAC section 590.065), 
including the relaxation in the State's wintertime gasoline RVP 
requirement for Clark County from 9.0 to 13.5 psi, because we find that 
doing so would not interfere with attainment or maintenance of any of 
the NAAQS or any applicable requirement of the Clean Air Act for the 
purposes of CAA section 110(l). We are not including subsection (7) of 
amended NAC section 590.065 in our approval because the limits in 
subsection (7) of the amended rule are unrelated to the vapor pressure 
requirement and associated CO emissions reductions, and are severable 
from the rest of the rule.\6\ Lastly, because we have synchronized our 
final actions on the Maintenance Plan and the (suspended) CBG Rule (and 
thereby avoided a gap in time when the CBG Rule would not be either an 
active or contingency measure in the SIP), we are not removing CBG from 
the boutique fuels list.
---------------------------------------------------------------------------

    \6\ For the purposes of the Nevada SIP, our final approval of 
amended NAC section 590.065 will supersede the version of NAC 
section 590.065 approved by EPA on September 21, 2004 (69 FR 56351, 
at 56355). See 40 CFR 52.1470(c)(49)(i)(A)(2).
---------------------------------------------------------------------------

    In accordance with 5 U.S.C. 553(d), EPA finds there is good cause 
for this action to become effective immediately upon publication. This 
is because a delayed effective date is unnecessary due to the nature of 
a redesignation to attainment, which relieves the area from certain CAA 
requirements that would otherwise apply to it. In addition, a delayed 
effective date is unnecessary because in today's action we are 
approving changes to certain fuel rules that relieve gasoline suppliers 
from the requirement to meet certain specifications for wintertime 
gasoline in Clark County. The immediate effective date for this action 
is authorized under both 5 U.S.C. 553(d)(1), which after publication it 
provides that rulemaking actions may become effective less than 30 days 
after publication if the rule ``grants or recognizes an exemption or 
relieves a restriction,'' and section 553(d)(3), which allows an 
effective date less than 30 days after publication ``as otherwise 
provided by the agency for good cause found and published with the 
rule.'' The purpose of the 30-day waiting period prescribed in section 
553(d) is to give affected parties a reasonable time to adjust their 
behavior and prepare before the final rule takes effect. Today's rule, 
however, does not create any new regulatory requirements such that 
affected parties would need time to prepare before the rule takes 
effect. Rather, today's rule relieves the State of Nevada, Clark 
County, and gasoline suppliers of various requirements for the Las 
Vegas Valley area. For these reasons, EPA finds good cause under 5 
U.S.C. 553(d)(3) for this action to become effective on the date of 
publication of this action.

IV. Statutory and Executive Order Reviews

    Under the CAA, redesignation of an area to attainment and the 
accompanying approval of a maintenance plan under section 107(d)(3)(E) 
are actions that affect the status of a geographical area and do not 
impose any additional regulatory requirements on sources beyond those 
imposed by State law. A redesignation to attainment does not in and of 
itself create any new requirements, but rather results in the 
applicability of requirements contained in the CAA for areas that have 
been redesignated to attainment. Moreover, the Administrator is 
required to approve a SIP submission that complies with the provisions 
of the Act and applicable Federal regulations. 42 U.S.C. 7410(k); 40 
CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to 
approve State choices, provided that they meet the criteria of the 
Clean Air Act. Accordingly, these actions merely approve a State plan 
and redesignation request as meeting Federal requirements and do not 
impose additional requirements beyond those imposed by State law. For 
these reasons, these actions:
     Are not ``significant regulatory actions'' subject to 
review by the Office

[[Page 59093]]

of Management and Budget under Executive Order 12866 (58 FR 51735, 
October 4, 1993);
     Do not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Are certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Do 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);
     Do not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Are not an economically significant regulatory action 
based on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Are not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Are not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Do not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the State, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 26, 2010. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Reporting and 
recordkeeping requirements.

40 CFR Part 81

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

    Dated: September 16, 2010.
Jared Blumenfeld,
Regional Administrator, Region IX.

0
Chapter I, title 40 of the Code of Federal Regulations is amended as 
follows:

PART 52--[AMENDED]

0
1. The authority citation for Part 52 continues to read as follows:

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

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding paragraphs (c)(73), (c)(74), 
and (c)(75) to read as follows:

Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (73) The following plan revision was submitted on September 18, 
2008, by the Governor's designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) Resolution of the Clark County Board of Commissioners Adopting 
the Clark County Carbon Monoxide Redesignation Request and Maintenance 
Plan, adopted by the Clark County Board of Commissioners on September 
2, 2008.
    (B) Carbon Monoxide Redesignation Request and Maintenance Plan, Las 
Vegas Valley Nonattainment Area, Clark County, Nevada (September 2008), 
adopted by the Clark County Board of Commissioners on September 2, 2008 
(excluding the appendices).
    (74) The following plan revision was submitted on March 26, 2010 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Clark County Department of Air Quality and Environmental 
Management.
    (1) Clark County Board of County Commissioners, Ordinance No. 3809, 
``An Ordinance to Suspend the Applicability and Enforceability of All 
Provisions of Clark County Air Quality Regulation Section 54, the 
Cleaner Burning Gasoline Wintertime Program; and Provide for Other 
Matters Properly Relating Thereto,'' adopted September 15, 2009, 
effective (for state purposes) on September 29, 2009.
    (B) Nevada Department of Agriculture.
    (1) Nevada Board of Agriculture, Adopted Regulation of the State 
Board of Agriculture LCB File No. R111-08, including an amended version 
of Nevada Administrative Code (NAC) section 590.065, effective (for 
state purposes) on January 28, 2010, (excluding newly designated 
subsection (7) of NAC section 590.065).
    (75) The following plan revision was submitted on August 30, 2010, 
by the Governor's designee.
    (i) [Reserved]
    (ii) Additional material.
    (A) Letter from Anthony Lesperance, Director, Nevada Department of 
Nevada, to Lewis Wallenmeyer, Director, Clark County Department of Air 
Quality and Environmental Management, dated June 22, 2010, setting 
forth the Nevada Department of Agriculture's commitment to seek 
reinstatement of the Low RVP wintertime gasoline requirement in Clark 
County if necessary under the Las Vegas Valley Carbon Monoxide 
Maintenance Plan to address future carbon monoxide violations.
* * * * *

PART 81--[AMENDED]

0
3. The authority citation for part 81 continues to read as follows:

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

Subpart C--[AMENDED]

0
4. Section 81.329 is amended in the table for ``Nevada--Carbon 
Monoxide'' by revising the entry for ``Las Vegas Area'' to read as 
follows:

[[Page 59094]]

Sec.  81.329  Nevada.

* * * * *

                                             Nevada--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                                Designation                           Classification
         Designated area         -------------------------------------------------------------------------------
                                       Date \1\              Type              Date \1\              Type
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Las Vegas Area:                   September 27, 2010  Attainment........
    Clark County (part).........
      Las Vegas Valley..........
      Hydrographic Area 212.....

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

[FR Doc. 2010-24135 Filed 9-24-10; 8:45 am]
BILLING CODE 6560-50-P
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