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Citation: 73 Fed. Reg. 1175 2008

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-- The search text of this PDF is generated from uncorrected OCR text.Federal Register/Vol. 73, No. 4 /Monday, January 7, 2008 / Proposed Rules

state rule implementing a Federal standard.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of theAct. Inthis context, in the absence ofa prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It wouldthus be inconsistent with applicable law for EPA, when itreviews a SIP submission,
touse VCS inplace ofa SIP submission that otherwise satisfies the provisions of the Act. Redesignation is an action that affects the status ofa geographical area and.does notimpose any new requirements on sources. Thus, the requirements ofsection 12(d) ofthe National Technology Transfer and Advancement Actof 1995 (15 U.S.C. 272 note)do not apply. As required by section 3.ofExecutive Order 12988 (61 FR 4729, February 7, 1996), in issuing this proposed rule, EPA has taken the necessary steps to eliminate drafting

errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of therule in accordance with the "Attorney General's Supplemental Guidelines for the Evaluation ofRisk and Avoidance ofUnanticipated Takings" issued under the executive order.

Thisrule, proposing to approve the redesignation ofthe Allentown Area to attainment for the 8-hour ozone NAAQS, the associated maintenance plan, the 2002 base-year inventory, and the MVEBs identified in the maintenance plan, does not impose an information collection burden under the provisions ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501, etseq.).
List ofSubjects

40 CFRPart 52

Environmental protection, Air pollution control, Nitrogen oxides,

- Ozone, Reporting and recordkeeping requirements, Volatile organic compounds.

40 CFRPart81

Air pollution control, Natiqnal parks, Wilderness areas.

Authority: 42 U.S.C. 7401, etseq. Dated: December 18, 2007. Donald S. Welsh, Regional Administrator, Region

### 17I. [FR Doc.E8-27 Filed 1-4-08; 8:45 am]-

BiLUNG CODE 6560-50-P ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81 [EPA-R09-OAR-2007-0561; FRL-8513-6]
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 ofTruckee Meadows to Attainment forthe Carbon Monoxide Standard
AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve certain submittals by the State of Nevada ofrevisions tothe Nevada state implementation plan that are intended toprovide for attainment and maintenance ofthe carbon monoxide national ambient air quality standard in theTruckee Meadows nonattainment

area located within Washoe County, Nevada.These revisions include a local wintertime oxygenated gasoline rule, a "basic" vehicle inspection and maintenance program (includinga performance standard pvaluation),
current statutory provisions and State rules governing mobile sources, a maintenance plan and related motor vehicle emissions budgets. EPA is also proposing to approve Nevada's request to redesignate the Truckee Meadows carbon monoxide nonattainment area to attainment. Lastly, EPA is proposing to rescind a provision previously approved in errorrelated to inspection and maintenance ofvehicles operated on Federal installations. EPA proposes these actions pursuant to those provisions ofthe-Clean Air Actthat obligate theAgency totake action on submittals ofrevisions to state implementation plans andrequests for redesignation. This proposed action is intended to make certain State and local

measures andcommitments related to attainment and maintenance ofthe carbon monoxide standard in Truckee Meadows federally enforceable as part ofthe Nevada state implementation plan. DATE: Any comments on this proposal
must arrive byFebruary6,2008. ADDRESSES: Submit comments, identified by docket number EPA-R09- OAR-2007-0561, by one ofthe following methods:

1.FederaleRulemakingPortal: http://www.regulations.gov. Follow the on-line instructions for submitting
comments. 2. E-mail:kaplan.eleano@epa.gov.
3. Mailordeliver:Eleanor Kaplan •(AIR-2), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.

Instructions; Direct your comments to Docket IDNo. EPA-R09-OAR-2007- 0561. EPA's policy is that allcomments received will be included in thepublic docket without change andmay be madeavailable online athttp:// www.regulations.gov,including any personal information provided, unless the comment includes information claimed tobe Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Donot submit information thatyou consider tobe CBI or otherwise protected throughhttp:// www.regulations.govor e-mail. The http://www.regulations.gov Web siteis

an "anonymous access" system, which

means that EPA will notknow your identity or contact information unless you provide itin thebody ofyour comment.Ifyou send e-mail directly to EPA, without going through http:// www.regulations.gov,your e-mail address will be automatically captured and included as part ofthe comment that is placed in thepublic docket and made available on theInternet. Ifyou submit an electronic comment, EPA recommends that you include your
name and other contact information in thebody ofthe comment and with any disk or CD-ROM you submit. IfEPA
cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may notbe able to consider your comment. Electronic files should avoid theuse of special characters, any form of encryption, and be free of any defects or viruses.

Docket:All documents in the docket

are listed in the http:// www.regulations.govindex.Although listed in the index, some information is
notpublicly available, e.g., CBIor other information whose disclosure is restricted by statute. Certain other information, such as copyrighted material, will be publicly available only inhard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.govorin hard copy at the Office ofAir Planning, Environmental Protection Agency (EPA), Region IX, 75 Hawthorne Street, SanFrancisco, California. To inspect the hard copy materials, please schedule an appointment during normalbusiness hours with the contact listed in the FOR FURTHER INFORMATION CONTACT section. 1175

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### Federal Retgister/ Vol. 73, No. 4 /Monday, January 7, 2008/Proposed Rules

FOR FURTHER INFORMATION CONTACT:
Eleanor Kaplan, EPA Region IX, (415) 947-4147, kaplan.eleanor@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document, the terms "we," "us," and "our" refer to EPA.
This supplementary information is organized as follows:

Table ofContents

I. Summary ofToday's Proposed Action
II. Nature, Sources, and Health Effects of Carbon Monoxide III. Introduction to Truckee Meadows, Washoe County, Nevada IV. History of Carbon Monoxide Planning in Truckee Meadows V. Nevada's Procedures for Adoption ofthese SIPRevisions VI. Washoe County's Wintertinfe Oxygenated FuelRequirements VII. Nevada's Motor Vehicle Inspection and Maintenance (I/M)Program in Truckee Meadows A. Background Information B. Evaluation of the State's I/M Program in Truckee Meadows VIII. Clean Air Act Requirements for Redesignation to Attainment IX. Evaluation ofthe State's Redesignation Request for Truckee Meadows A.The Area Must Have Attained the

Applicable NAAQS. B. The Area Must Have a Fully Approved

SIPUnder Section 110(k) ofthe CAA. C. The Area Must Show the Improvement

in Air Quality Is Due to Permanent and Enforceable Emissions Reductions. D. The Area Must Hpve Met All Applicable

Requirements Under Section 110 and Part D. 1.Section 110 Requirements 2. Part D Requirements E. The.Area Must Have a Fully Approved

Maintenance Plan Under CAA Section 175A. 1. Attainment Inventory 2. Maintenance Demonstration 3. Monitoring Network 4. Verification of Continued Attainment 5. Contingency Plan 6. Subsequent Maintenance PlanRevisions 7. MotorVehicle Emissions Budgets 8.Conclusion X.Proposed Action and Request for Comment XI. Administrative Requirements

I. Summary ofToday's Proposed Action

Under section 110(k)(3) ofthe Clean Air Act, as amended in 1990 (CAA or "Act"), EPA is proposing to approve certain submittals ofrevisions tothe Nevada state implementation plan (SIP) bythe Nevada Division of Environmental Protection (NDEP). These revisions are intended toprovide for attainment and maintenance ofthe carbon monoxide (CO) national ambient air quality standards (NAAQS) in the Truckee Meadows nonattainment area located within Washoe County, Nevada. The specific SIP revision submittals that

we are proposing to approve are listed in the following table:

Plan, plan element or rule Adoption date(s) State of Nevada submittal date(s)

Washoe County District Board of Health Regu- Originally adopted on Dec. 21, 1988 and Submitted on Apr. 14, 1991; resubmitted as

lations Governing Air Quality Management, amended on Apr. 18, 1990; amended on amended on Nov. 13, 1992; re-submitted as
section 040.095 ("Oxygen content of motor Sept. 23, 1992; amended on Sept. 22, 2005. amended on Nov.4, 2005.
vehicle fuel"). State Implementation Plan for a Basic Program Regulations adopted at various times by the June 3, 1994.

for.the Inspection and Maintenance of Motor State Environmental Commission and DeVehicles for the Truckee Meadows Planning partment of Motor Vehicles but superseded Area, Nevada (June 1994). by SIP revision submittal dated May 11, 2007, as listed below.
Basic I/M Performance Standard Evaluation

..... Sept. 28, 2006

.................................................. Nov. 2, 2006.
Nevada Mobile Source SIP, Update of the Reg- Regulations adopted at various times by State May 11, 2007.

ulatory Element (May 11, 2007). Environmental Commission and Department of Motor Vehicles. Redesignation Request and Maintenance Plan Sept. 22, 2005

................... .............................. Nov. 4, 2005.

for the Truckee Meadows Carbon Monoxide Non-Attainment Area (September 2005).

Specifically, we are proposing to
approve NDEP's SIP revision submittal dated November 4, 2005 ofthe wintertime oxygenated gasoline rule as amended on September 22, 2005 by the Washoe County District Board ofHealth ("District") and codified as District Regulations Governing Air Quality Management section 040.095 ("District rule 040.095"). We are also proposing to
approve the SIP revision submittal dated June 3, 1994 ofthe State ImplementationPlan foraBasic Program fortheInspectionand Maintenanceof MotorVehicles for the TruckeeMeadowsPlanning Area, Nevada(June 1994) ("Basic I/M SIP"). In connection with the basic vehicle inspection and maintenance (I/M)

program in Truckee Meadows, we are proposing to approve two subsequent SIP revision submittals: A "basic" I/M performance standard evaluation ("Basic I/MPerformance Standard Evaluation") submitted on November 2, 2006 and theNevadaMobileSource SIP, UpdateoftheRegulatoryElement (May 11, 2007) ("Mobile Source SIP Update") submitted on May 11, 2007. NDEP's Mobile Source SIP Update contains current I/M-related statutory provisions, regulations, and updated exhaust gas analyzer specifications.' In

1The statutory provisionsand rules submitted by NDEP on May 11, 2007 represent acomprehensive, update to the'regulatory portionoftheState's mobile source SIP (excludingthe rules establishing fuels specifications, alternative fuelsprograms for government vehicles, and local rulesrelated to mobile sources), including theregulatory portion of the State's Truckee Meadows l/M SIP, which was last approved in 1984 (49 FR44208, November 5, 1984), and the regulatory portionofthe State's Las Vegas ValleyI/M SIP, which was last approved in
2004 (69 FR 56351, September 21, 2004). The current submitted versions ofthe IIM-related statutory provisionsand rules are not significantly different than the corresponding versions ofthe statutory provisionsand rules approved in2004 for the State's LasVegas t/Mprogram, and are consistent with the underlying assumptions used to develop theLas VegasValley 2005 CO Plan, which

was approved by EPA onAugust 7,2006 (71 FR 44587). so doing, we find thatthe above submittals fulfill the applicable requirements under section 110 and part D (oftitle 1)ofthe Act.

In connection with our proposed approval ofthe State's Basic I/M SIP, as supplemented and amended in submittals dated November 2, 2006 and May 11, 2007, we aretaking no action

on submitted rule NAC 445B.595(2), which extends the State's I/M requirements to motor vehicles operated

on Federal installations located within I/M areas because the Federal government has not waived sovereign immunity inthe context ofvehicle I/M
programs. Furthermore, we are proposing, under CAA section 110(k)(6),

to rescind our previous, and erroneous, approval ofNAC 445B.595(2) into the Nevada SIP in 2004, also on the grounds ofsovereign immunity.

Lastly, we are proposing to approve NDEP's SIP revision submittal (dated November 4, 2005) ofthe Redesignation Vp.deral Reeister/Vol. 73, No. 4/Monday, January 7, 2008/Proposed Rules 11TR

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RequestandMaintenancePlan forthe TruckeeMeadows CarbonMonoxide Non-AttainmentArea-(September2005) ("Truckee Meadows CO Maintenance Plan"), adopted by the Districton September 22, 2005, and to approve NDEP's request for redesignation ofthe Truckee Meadows CO nonattainment

area to attainment. In connection with

our proposed approval ofthe Truckee Meadows CO Maintenance Plan, we are approving certain commitments by the District, contingency provisions, and CO
motor vehicle emissions budgets for years 2010 and '2016 forthe purposes of transportation conformity. In so doing,

we find that the Truckee Meadows CO Maintenance Plan meetsthe requirements for maintenance plans under section 175A ofthe Act. In connection with our proposed approval ofNDEP's redesignation request, we find that the State has fulfilled the criteria forredesignation ofthe Truckee Meadows CO nonattainment area from nonattainment to attainment as setforth in section 107(d)(3)(E).2

II. Nature, Sources, andHealth Effects ofCarbon Monoxide

Carbon monoxide (CO] is a colorless and odorless gas, formed when carbon in fuel is not burned completely. Itis a component ofmotor Vehicle exhaust, which contributes about 60 percent of all CO emissions nationwide. Nonroad vehicles account for the remaining CO emissions from transportation sources. High concentrations ofCO generally

occur in areas with heavy traffic congestion. Peak CO concentrations typically occur during the colder months ofthe year when CO automotive emissions are greater and nighttime inversion conditions (where air pollutants are trapped near the ground beneath a layer ofwarm air) are more frequent.

CO enters the bloodstream through the lungs and reduces oxygen delivery
to the body's organs and tissues. The health threat from levels ofCO

2The Truckee Meadows CO Maintenance Plan relies upon three principal State orlocal control

measures: The District's wintertime oxygenated gasoline rule, the State's vehicle inspection and maintenance (I/M)program, and the District's residential wood combustion rule. We are proposing toapprove the first and second ofthe three measures in thisdocument. We approved the thirdmeasure (the residential wood combustion rule) ina separate document earlier this year. See 72 FR 33397 (June 18, 2007). We willnot finalize the proposed approval ofthe redesignation request until we take final action approving the oxygenated gasoline rule and the I/M program. Also, for reasons *set forth in this document, we find that we need
not fully approve either theCounty's nonattainment

new source review rules orthe County's transportation conformity rules as a pre-condition
to redesignation ofTruckee Meadows to attainment forthe CO NAAQS. sometimes found inthe ambient air is
most serious for those who suffer from cardiovascular disease, such as angina pectoris. Atmuch higher levels of exposure not commonly found in ambient air, CO can be poisonous, and

evenhealthy individuals maybe affected. Visual impairment, reduced work capacity, reduced manual dexterity, poor learning ability, and difficulty in performing complex tasks

are all associated with exposure to elevated COlevels.

Ill.Introduction to Truckee Meadows, Washoe County, Nevada

Truckee Meadows lies in the far southern portion ofWashoe County. Washoe County lies inthe northwestern portion ofthe State ofNevada and is bordered bythe State ofCalifornia to the
west and the State ofOregon to the north. Within the State ofNevada, the counties ofHumboldt, Pershing, Churchill, Lyon, and Storey and the city ofCarson City bound Washoe County to the east and south. Located at an average elevation of4,500 feet above sea level, Truckee Meadows lies inthe rain shadow ofthe Sierra Nevada mountain range located to the west.The boundaries ofTruckee Meadows are defined as equal to the State's hydrographic area #87, and encompass

a land area of approximately 200 square miles. It is surrounded by mountain
ranges, which can lead to persistent wintertime temperature inversionls where a layer ofcold air is trapped in the valley. Warmer air above the inversion acts as alid, containing and concentrating airpollutants emitted at ground-level.

Truckee Meadows has experienced rapid growth in population, with an increase in population from approximately 138,000 in 1977 to approximately 359,000 in 2002, an increase of160 percent over that 25-year' period. The two major cities are Reno and Sparks.

Air quality planning and monitoring in Truckee Meadows is the responsibility ofthe District, which administers airquality programs in Washoe County throughthe District Health Department's Air Quality' Management Division ("District AQMD"). The State Environmental Commission and the Nevada Department ofMotor Vehicles are responsible for the motorvehicle I/M program in Truckee Meadows.

IV. History ofCarbon Monoxide Planning in Truckee Meadows

On April 30, 1971 (36 FR 8186), pursuant to section 109 ofthe Clean Air Act, as amended in 1970, EPA promulgated.NAAQS for six criteria pollutants, including CO. EPA setthe NAAQS for CO at 35 parts per million (ppm), one-hour average, and 9 ppm, eight-hour average. The CO NAAQS remain the same today.

Under section 110 ofthe Clean Air Amendments of 1970, States were required to adopt and submit plans that provide for implementation, maintenance, and enforcement ofthe NAAQS. These original plans, generally submitted and approved in the early 1970's, arereferred to as state implementation plans (SIPs). Incremental changes to SIPs that a State submits, such asnew or amended rules, attainment plans, and maintenance plans, are referred to as "SIP revisions."

Generally, SIPs were to provide for attainment ofthe NAAQS withinthree years ofEPA approval ofthe plan. However, many parts ofthe country did
not attain theNAAQS within the statutory period. In response, Congress amended the Act in 1977 to establish a
new approach, based on area designations, for attaining the NAAQS, and on March 3, 1978. (43 FR 8962), under paragraph 107(d)(2) oftheAct as amended in 1977, EPA promulgated attainment status designations for all States. EPA designated Truckee Meadows (withboundaries defined by reference to State hydrographic area #87) as anonattainment area forthe CO NAAQS. See 43 FR 8962, at 9013 (March 3, 1978).

The Act, as amended in 1977, required States to revise their SIPs by January 1979 for all designated nonattainment areas. The CO attainment plan for Truckee Meadows that was developed in the late 1970's and early 1980's relied upon implementation of such control measures as a vehicle inspection and maintenance (I/M) program, road improvements, traffic controls, and areawide ride-sharing programs to attain the CO NAAQS by the statutory deadline of 1982. In 1981,

we approved most ofthe elements ofthe CO plan for Truckee Meadows and conditionally approved other elements. See 46 FR 21758 (April 14, 1981). In 1982, we revoked the remaining conditions resulting in full approval of the CO plan. See 47 FR 15790 (April 13, 1982).

Truckee Meadows did not attain the CO NAAQS bythe 1982 attainment deadline, and thus, the Districtrevised the CO attainment plan and requested

an extension in the attainment date to 1987. In 1984, we approved parts ofthe revised CO attainment plan but deferred action on certain otherparts based on

our conclusion that the emissions reduction credit taken in the revised CO 

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plan for oneofthe principal control

measures relied upon to show attainment, residential wood burning control, was not sufficiently documented. See 49 FR 31683 (August 8, 1984).

Like many other areas ofthe country, Truckee Meadows did not attain the CO NAAQS by the 1987 attainment date and remained nonattainment at thetime ofthe 1990 Clean Air Act Amendments. Under section 107(d)(1)(C) ofthe 1990 Amended Act, the CO nonattainment designation inTruckee Meadows was brought forward by operation oflaw. Based on a design value of9.8 ppm (eight-hour average), we further classified Truckee Meadows as a "moderate" CO nonattainment area for the CO NAAQS with an attainment date of(no laterthan) December 31; 1995. See 56 FR 56694, at 56798 (November 6, 1991) and CAA section 186(a)(1). A review ofthe data collected in 1994 and 1995 provided EPA with the basis to determine that Truckee Meadows in fact attained the CO NAAQS bythe 1995 attainment date. See 70 FR 22803 (May 3, 2005).

In addition to extending the deadline forattainment ofthe CO NAAQS, the Act, as amended in 1990, also established new requirements for CO nonattainment areas that vary depending upon the severity ofthe problem. The additional requirements for "moderate" CO nonattainment areas

are set forth in sections 172, 176, 187, and 211 ofthe Act, and include such elements as updated and periodic emission inventories, upgraded vehicle I/Mprograms, conformity requirements, and wintertime oxygenated gasoline requirements. To address these requirements, the District AQMD developed new plans and adopted new

or amended rules, the State revised the vehicle I/Mprogram, and NDEP submitted the plans, rules and revised vehicle I/Mprogram to EPA as revisions
to the Truckee Meadows portion ofthe Nevada SIP. In today's action, we are proposing to approve a number of elements contained in these submittals, including the wintertime oxygenated gasoline rule and an upgraded vehicle I/Mprogram. In a separate action, we approved the District's residential wood combustion rule. See 72 FR 33397 (June 18, 2007).

Section 107(d)(3)(D) ofthe Act allows

a State to request redesignation ofan air quality planning area. On November 4, 2005, NDEP submitted such a request' for the Truckee Meadows CO nonattainment area and submitted the Truckee Meadows CO Maintenance Plan
to EPA for approval as arevision to the Nevada SIP. The purpose oftheTruckee Meadows CO Maintenance Plan is to provide for maintenance ofthe CO NAAQS inthe Truckee Meadows area for ten years following redesignation. In this action, we are proposing to approve theTruckee Meadows CO Maintenance Plan andproposing to approve the request for redesignation ofTruckee Meadows fromnonattainment to attainment for the CO NAAQS.

V.Nevada's Procedures forAdoption of These SIPRevisions

Section 110(1) ofthe Actrequires Statesto provide reasonable notice and publichearing priorto adoption ofSIP revisions. In thisaction, we are proposing to approve the following SIP revisions: the wintertime oxygenated gasoline rule (Districtrule 040.095),. submitted on November 4, 2005; the Basic I/MSIP submitted onJune 3, 1994, the Basic I/MPerformance Standard Evaluation submitted on November 2, 2006, and current I/Mrelated statutory provisions and r'egulations andupdated exhaust gas analyzer specifications submitted on May 11, 2007; and the Truckee Meadows COMaintenance Plan submitted on November 4, 2005.

Each ofthe SIP revision submittals cited above contains evidence that reasonable notice of apublic hearing

was provided to the public (via
newspaper advertisement) and that a public hearing was conducted priorto adoption bythe District. 3 Following adoption, theDistrict forwarded these SIP revisions to NDEP, the Governor of Nevada's designee for submitting SIP revisions andredesignation requests to 'EPA, andNDEP then submitted the SIP

revisionsto EPA for approval. Wefind thateach ofthe SIP revisions cited above satisfies the procedural requirements of section 110(1) ofthe Act for revising SIPs.

VI. Washoe County'sWintertime Oxygenated Fuel Requirements

Under section 211(m) ofthe Act, as amended in 1990, States with CO nonattainment areas with design values of9.5 ppm or greater (eight-hour average) arerequired to submit an oxygenated gasoline program as a SIP revision. The design value forTruckee Meadows based on data collected during 1988-1989 (and recorded in EPA's Air Quality System database) was

3In the case ofthe Basic 1/M SIP and theMay 11, 2007 SIP submittal ofcurrent I/M statutory provisions andregulations, NDEPprovided evidence ofreasonable notice and public hearing for the various'recent amendments to theI/M regulations. The submittal ofthe current I/M-related statutory provisions andregulations supersede the corresponding provisions and regulations submitted in 1994 aspart ofthe Basic /M SIP. 9.8 ppm, eight-hour average, and thus, the State ofNevada is required to submit an oxygenated gasoline program for the Truckee Meadows area as a SIP revision.

Section 211(m) ofthe 1990 Amended Act also specifies theminimum geographic extent for such an oxygenated gasoline program (larger of the Consolidated Metropolitan Statistical Area (CMSA) or MSA ifthe

area is not in a CMSA), the minimum oxygen content (2.7% by weight), and the applicable portion ofthe yearin whichthe program must be implemented (as determined by EPA). EPA determined that the applicable control period for the purposes ofan oxygenated gasoline program inTruckee Meadows area is October 1 through January 31. See 57 FR 47853 (October 20, 1992). EPA labeling requirements for oxygenated gasoline are found at40 CFR 80.35.

TheDistrict first adopted an oxygenated gasoline rule (i.e., District rule 040.095 "Oxygen Content ofMotor Vehicle Fuel") on December 21, 1988, and implementation oftherule began in December 1989. This rule applied throughout Washoe County and required a minimum gasoline oxygen content of2% by weight during a control period defined asDecember 1 through February 15. The District modified the oxygenated gasoline rule

onApril 18, 1990 toextend the control period to November 1through the end ofFebruary. The April 18, 1990 version oftheDistrict's oxygenated gasoline rule

was included in a SIP revision submittal from the Governor to EPA dated April 15, 1991. Meanwhile, five months prior
tothis SIP submittal, the Clean AirAct Amendments of 1990 were enacted, and the amended Act established new SIP requirements, discussed above, for oxygenated gasoline rules in CO nonattainment areas.

In response to the newrequirements, theDistrict again amended the oxygenated gasoline rule (on September 23, 1992) to increase the minimum oxygen content requirement to 2.7% and to extend the control period to October 1through January 31. NDEP submitted this revised rule to EPA as a SIP revision on November 13, 1992 thereby superseding the April 15, 1991 submittal ofthe previous version ofthe rule. EPA did not take action onthe November 13, 1992 submittal ofthe District's oxygenated gasoline rule. In the intervening years, the District has twice amended the oxygenated gasoline rule: on October 25, 2000, theDistrict phased-out use ofmethyl tertiary butyl ether (MTBE) asthe oxygenate to meet the oxygen content requirement, and on 

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September 22, 2005, the District clarified labeling requirements consistent with related EPA requirements at40 CFR 80.35 and made certain other changes to improve enforceability. The September 22, 2005 version ofthe wintertime oxygenated gasoline rule was submitted as a SIP revisionby NDEP on November 4, 2005, thereby superseding the November 13, 1992 submittal ofthe rule.

We have evaluated the State's November 4, 2005 submittal ofthe wintertime oxygenated gasoline rule (Districtrule 040.095) and find that it
meets the applicable statutory and regulatory requirements by establishing the necessary minimum oxygen content requirement (2.7% by weight)in the applicable geographic area (i.e., Reno MSA, which consists of Washoe County, Nevada)for the appropriate control period (October 1 through January 31) and also provides for the necessary labeling of gasoline dispensers, and for recordkeeping, sampling and for enforceability. The District AQMD enforces the oxygenated gasoline ruleby obtaining fuel samples from retail gasoline distributors, which are then analyzed by the State ofNevada, Department ofAgriculture. Each year, theDistrict AQMD publishes a report summarizing the results ofthe oxygenated gasoline program forthe prior year. Areview ofthese annual reports reveals near-full compliance withthe requirements ofthe rule.

Forthe above reasons, we find that District rule 040.095 ("Oxygen Content ofMotor Vehicle Fuel"), as amended by theDistrict on September 22, 2005, and submitted by NDEP to EPA on November 4, 2005, fulfills the requirements ofsection 211(m) ofthe Act and applicable EPA regulations, and,based on thatfinding, we propose approval ofthe rule* as a revision to the Nevada SIP.

VII. Nevada's Motor Vehicle Inspection andMaintenance (I/M) Programin Truckee Meadows

A. BackgroundInformation
As noted in section IVofthis document, EPA promulgated area designationa for all states pursuant to the Act, as amended in 1977. See 43 FR 8962 (March 3, 1978). The Truckee Meadows area ofNevada was designated nonattainment for the NAAQS forCO and photochemical oxidant.4

4In 1979, EPA established a new NAAQS for

ozone to replace the oxidant standard. In 1981, EPA changed the designation for Truckee Meadows from nonattainment for oxidant to attainment forozone. See 46FR 37896 (July 23,1981). Duringthe late 1970's, the Nevada Legislature established the firstmotor vehicle I/M program for Truckee Meadows, and the Nevada Department' ofMotor Vehicles (DMV) began to implement this initial program in 1978. Nevada's motor vehicle I/Mprogram is required in two counties, Washoe and Clark.

Originally, I/Mrequirements were triggered onlyby a change in vehicle ownership, but by 1983, I/Min Truckee Meadows hadbeen expanded to apply annually upon vehicle registration or upon registration renewal. Implementation ofa mandatory annual I/M program in Truckee Meadows was not a requirement ofthe 1977 amended Act but was one ofthe control measures selected by Washoe County and the State ofNevada to reduce CO emissions in that area.

The 1980's-era program in Truckee Meadows excluded certain types of vehicles including, among others, new cars, vehicles over 5,000 pounds unladen weight, and motorcycles. Waivers were allowed in certain cases for repairs costing over $100 in labor plus parts. For more information onthis early I/M program in Truckee Meadows and relatedEPA rulemaking actions, see 44 FR 26763 (May 7, 1979), 45 FR 59334 (September 9, 1980), 46FR 21758 (April 14, 1981), 48 FR 5071 (February 3, 1983), 49 FR 6386 (February 21, 1984), and 49 FR 44208 (November 5, 1984).

As noted in section IV ofthis document, under the Clean Air Act Amendments of 1990, EPA classified Truckee Meadows as a "moderate" CO nonattainment areabased on a design value of9.8 ppm. Under section 187(a) ofthe Act, as amended in 1990, States with "moderate" CO nonattainment

areas (with design values less than 12.7 ppm)were required to continue implementation of existing I/M
programs andto submit I/M SIP revisions to meet the "basic" I/M performance standard and othernew related requirements promulgated by EPA subsequent tothe 1990 Act Amendments. See CAA section 187(a)(4). 5 On January 15, 1993, EPA

5In 1991, all ofWashoe County was designated

as a "marginal" nonattainment area for the 1-hour

ozone NAAQS. See 56FR at 56798 (November 6, 1991). For most such areas, a corrected and upgraded "basic" I/M program was required under CAA section 182(a)(2)(B); however, the Washoe County "marginal" ozone nonattainment area was not subject to the IM requirement because the EPAapproved I/Mprogram for Truckee Meadows (at the time ofdesignation as amarginal ozone nonattainment area) did not include hydrocarbon emissions testing (but only CO emissions testing), and thus the I/Mprogram was not part ofthe applicable ozone SIP.The State ofNevada deleted hydrocarbon emissions testing from the I/M made a finding offailure to submit the required "basic" I/M SIP revision for Truckee Meadows. On November 15, 1993, the NDEP submitted a "basic" I/M SIP revision for Truckee Meadows, butby letter dated April 13, 1994, EPA made a finding ofincompleteness for the November 15, 1993 SIP revision submittal.

On June 3, 1994, NDEP submitted the StateImplementationPlan foraBasic Program fortheInspectionand Maintenanceof Motor Vehiclesforthe TruckeeMeadowsPlanning Area, Nevada(June 1994) ("Basic I/M SIP"). By letter dated January 31, 1995, EPA found the Basic I/M SIP tobe complete. The Basic I/M SIP includes I/M-related
statutes andrules, as well as various other documents to satisfy EPA I/M requirements, but does not include the required performance standard evaluation.

On November 2, 2006, NDEP submitted a SIP revision containing a performance standard evaluation ofthe basic I/M program formotor vehicles in the Truckee Meadows planning area ("Basic I/MPerformance Standard Evaluation") thereby fulfilling a requirement notaddressed in the Basic I/M SIP. The November 2, 2006 SIP revision submittal contained the performance standard evaluation along with motor vehicle emissions modeling documentation and evidence ofpublic process and adoption by the Washoe County District Board ofHealth on September 28, 2006.

Since the submittal ofthe Basic I/M SIP in 1994, the State ofNevada has revised many ofthe I/M-related statutory provisions andregulations and has established new specifications for exhaust gas analyzers. On May 11, 2007,
NDEP submitted a SIP revision entitled NevadaMobileSourceSIP, Updateof theRegulatoryElement(May 11, 2007) ("Mobile Source SIP Update"), which includes current I/M-related statutory provisions and regulations as well as updated exhaustgas analyzer specifications. The current Nevada I/M statutory provisions andrules submitted by NDEP on May 11, 2007 are as follows: 9 Nevada Revised Statutes (2005), chapter 365: section 365.060; chapter 366, section 366.060; chapter445B, sections 445B.210, 445B.700-845 (excluding NRS 445B.776, 445B.777, and 445B.778); Chapter 481, sections

program in 1983, andEPA approved the related changes in 1984.See 49 FR 6386 (February 21, 1984) and 49 FR44208 (November 5,1984). Hydrocarbon. emissions testing requirements have since been restored to the program and are a part ofthecurrent I/Mprogram that is the subject of today'sproposal. 

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481.019-481.087; chapter 482, sections 482.029, 482.155-482.290, 482.385, 482.461, and 482.565; and chapter 484, sections 484.101, 484.644 and484.6441;

* Nevada Administrative Code (NAG), chapter 445B (January 2007 revision bythe Legislative Counsel Bureau), sections 445B.400 to 445B.735. 6

The Mobile Source SIP Update supersedes the corresponding materials included in the Basic I/M SIP submitted in 1994 and represents'a comprehensive updateto the regulatory portion ofthe State's mobile source SIP (excludingthe rules establishing fuels specifications, alternative fuels programs for government vehicles, and any local rules related to mobile sources), including the regulatory portion ofthe Truckee Meadows-I/M SIP, which was lastapproved in 1984 (see 49 FR44208, November 5, 1984), andthe regulatory portion ofthe Las Vegas Valley I/M SIP, which was last approved in 2004 (see 69 FR 56351, September 21, 2004).

B. Evaluationofthe State'sI/M.Program in TruckeeMeadows

This subsection summarizes the applicable requirements ofEPA's I/M requirements found in 40 CFRpart 51, subpart S ("Inspection/Maintenance Program Requirements"), which is referred to herein as the "Federal I/M rule," and discusses whether the elements-of the State's "basic" vehicle I/M program for Truckee Meadows as contained inSIP revisions submitted on June 3, 1994, November 2, 2006, and May 11, 2007 comply with Federal requirements. Applicability (40 CFR 51.350)

Under the Federal I/M rule, any area classified as marginal ozone nonattainment or moderate CO nonattainment with a design value of 12.7 parts per million (ppm)or less shall continue operating I/Mprograms thatwere part ofan approved SIP as of November 15, 1990, and shall update those programs an necessary to meet the basic I/Mprogram requirements as set forth in part 51, subpart S. See 40 CFR 51.350(a)(3). This requirement applies
to Truckee Meadows because the CO SIP for TruckeeMeadows, as of November 15, 1990, included an I/M program and because, under theAct as amended in 1990, theTruckee Meadows CO nonattainment area was classified as "moderate" (with a design value of 12.7
ppm or less).

6As explained below in the subsection entitled
"Vehicle coverage (40 CFR 51.356), we aretaking

no action on subsection (2) ofNACsection 445B.595. I/Mprograms are nominally required
tocover at least the entire urbanized
area, based on the 1990 census. See 40 CFR 51.350(b)(2). The State's legal authority necessary to establish program boundaries is contained in Nevada Revised Statutes (NRS) 445B.770. The applicable area for the basic I/M program is the urbanized area within "Truckee Meadows," which is defined by reference to the State's hydrographic

area #87. Under Nevada Administrative Code (NAC) 445B.594, the State's basic I/Mprogram applies within all of Washoe County, except for residents that live outside ofthe urbanized area and are serviced by one ofthe following post offices: (1) Crystal Bay, (2) Empire; (3)Incline Village, (4) Nixon, (5) Sutcliffe, or (6) Wadsworth. This is acceptable.

The Federal I/M rule requires a State I/M program to remain in operation

even ifthe area is redesignated to attainment until the State submits and EPA approves a SIP revision which convincingly demonstrates that the area

can maintain therelevant standard without\benefit ofthe emission reductions attributable to the I/M
program. See 40 CFR 51.350(c). The statutory authority forthe "basic" I/M program inTruckee Meadows contains

no automatic sunset provision andthus is consistent with EPA requirements.

Basic I/MPerformance Standard (40 CFR 51.352)

"Basic" I/M programs must be designed and implemented to meet or exceed aminimum performance standard, which is expressed-as emission levels achieved from highway mobile sources as a result ofthe program. Areas are required to meet the performance standard for the pollutants which cause them tobe subject to I/M requirements. The performance standard is based on the modelI/M program inputs and local characteristics, such as vehicle mix and local fuel controls, and emission levels andemission reduction benefits must be calculated usingthe mostrecent version ofEPA's mobile source emission factor model (MOBILE).

The Federal model "basic" I/M
program has the following characteristics: (1)Network type (centralized testing); (2) Start date (for

areas with existingI/M.programs, 1983); (3) Test frequency (annual testing); (4) Model year coverage (testing ofmodel year (MY) 1968 and later vehicles); (5) Vehicle type coverage (light-duty vehicles (excluding trucks)); (6) Exhaust emission test type (idletest); (7) Emission standards (no weaker than specified in 40 CFRpart 85, subpart W); (8) Emission control device inspections (none); (9) Stringency (a 20% emission
test failure rate among pre-1981 model
year vehicles); (10) Waiver rate (0% waiver rate); (11) Compliance rate (a 100% compliance rate); and (12) Evaluation date (1996 forCO nonattainment areas). Also, the basic I/M performance standard includes inspection ofall.1996 and later lightduty vehicles equipped with certified on-board diagnostic (OBD) systems, 7

and repair ofmalfunctions or system deterioration identified by or affecting OBD systems.

The Nevadabasic I/M program within Truckee Meadows has the following characteristics: (1)Network type (decentralized, test-and-repair); (2) Start date (1983); (3)Test frequency (annual testing); (4) Model year coverage (testing of MY 1968 and latervehicles); (5) Vehicle type coverage [light-duty (i.e., less than 8,500 pounds gross vehicle weight rating (GVWR)) vehicles (both gasoline- and diesel-powered) and heavy-duty gasoline-powered vehicles); (6) Exhaust emissiontest type ("twospeed idle" test (i.e, at 2,500 revolutions per minute (rpm) and at idle) for lightduty gasoline-powered vehicles from 1968 through 1995 and heavy-duty gasoline-powered vehicles 1968 and
newer; 1968 and-newer light-duty diesel-powered vehicles are inspected for exhaust opacity on a dynamometer (i.e., steady state using load mode)); (7) Emission standards (basedon those specified in40 CFRpart 85, subpart W); (8) Emission control device inspections (for 1968 andnewer vehicles, agas cap check; forgasoline-powered vehicles

newerthan 1980, the anti-tampering program (ATP) checks for airpump disablement, catalyst removal, fuel inlet restrictor disablement, exhaust gas recirculation (EGR) system disablement, evaporative system disablement, and positive crankcase ventilation (PCV) system disablement; for diesel-powered vehicles, visual tampering inspection is based on manufacturer's specifications); (9) Stringency (21% based on 1996 data); (10) Waiver rate (4% for pre-1981 and 3% for 1981 and newer based on 1996 data); (11) Compliance rate (96%); and (12) Evaluation date (year 1996). The State's basic I/Mprogram inchides inspection ofall 1996 and newer lightduty gas6line-powered vehicles equipped with certified on-board diagnostic (OBD) systems. Repair of

7A certifiedOBD system consists ofacomputer, whichperforms checks ofanumber ofdifferent vehicle systems for malfunctions or deterioration, which could result inthe vehicle exceeding its emissions standards, and amalfunction indicator light, which isrequired tobe illuminated when the -system detects a problem. 

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malfunctions or system deterioration is identified for emission compliance through the OBD system.

As noted above, the Basic I/M SIP submitted in 1994 does notinclude a performance standard evaluation, but NDEP submitted the required evaluation (referred to herein as the "Basic I/M Performance Standard Evaluation") to EPA forapproval on November 2, 2006. District AQMD prepared this evaluation using the latest available version of MOBILE (MOBILE6.2.03). District AQMD used the various inputs for EPA's "basic" model program and the State's basic I/Mprogram forTruckee Meadows as described above to estimate the composite CO emission rate in year 1996 ofthe vehicle fleet inTruckee Meadows under three scenarios: (1)no I/Mprogram, (2) EPA'sbasic model program, and (3) the State's basicI/M program for Truckee Meadows. District AQMD assumed 50% effectiveness for the State'sbasic I/Mprogram in Truckee Meadows to account for the decentralized, test-and-repair nature of theI/M program.

A comparison ofthe MOBILE6.2.03- based CO emissions rates for these three scenarios shows that EPA's basic model program wouldhave reduced composite CO emissions by 8.9% (relative to the

no I/M scenario) and that the State's basic I/M program for Truckee Meadows reduced the emissions rate by 9.5% (once again,relative to the no I/M scenario). We find that DistrictAQMD used the appropriate model and reasonable methods and assumptions in developing the CO emission rates forthe performance standard evaluation. Based

on this finding apdbecause the results ofthe evaluation show that State's basic I/Mprogram achieves equivalent or greater reductions in the CO emissions
rate as compared to EPA's basic model program, we find that the State's basic I/Mprogram inTruckee Meadows meets theperformance standard requirement under 40 CFR 51.352.

Network Type andProgram Evaluation (40 CFR 51.353)

State law provides for a decentralized (i.e., privately-owned but licensed by the State), test-and-repair network for 1968 and newer gasoline-powered autos andtrucks. 8 The network includes different types oftest-and-repair stations. State law differentiates between two types oftest-and-repair stations: (1) Test stations that are

aUnder theNevadaI/M program, light-duty diesel-powered motorvehicles registered in the applicable portions ofWashoe County and Clark County are also subject to annual inspections, whichinclude atampering inspection and an opacity test. allowed to do only specific types of repairs (such as oil changes, replacement ofoil or air filters, and servicing ofthe fuel injection system) but are generallynot allowed to perform repairs that affect exhaust emissions and (2) test stations that are allowed to do

more extensive repairs. The former are referred to as "authorized inspection stations" and the latter are referred to as "authorized stations." NAC sections 445B.460 through 445B.480 specify requirements for facilities to obtain licenses as authorized test stations or authorized stations. Forthe purposes of the performance standard evaluation, Washoe County assumed 50% effectiveness forthe program based on the decentralized, test-and-repair nature ofthe network. The 50% effectiveness value is the default value in MOBILE for such networks and is acceptable. We find that the State's I/Mtesting network for Truckee Meadows is adequately described inthe State's I/M submittals, that the State has sufficient legal authority to enforce therequirements that mustbe met for stations to obtain and retain licenses as authorized inspection stations or as authorized stations, and that the network has been adequately modeled for performance standard purposes, and thus the requirements of40 CFR 51.353 are satisfied.

We notethat the program evaluation required under 40 CFR 51.353(c) applies
to "enhanced" I/Mprograms, and because Truckee Meadows is subject onlyto the "basic" I/M program requirements, the program evaluation requirement under 40 CFR 51.353(c) does not apply. Adequate Tools and Resources (40 CFR 51.354)

The Federal I/Mrule requires the state to demonstrate thatthere is adequate funding ofthe program functions including quality assurance, data analysis and reporting, the holding of hearings and adjudication ofcases. The
state must also demonstrate that sufficient personnel havebeen employed to effectively carry out the dutiesrelated to the program and that equipment necessary to achieve the objectives ofthe program have been acquired.

Nevada law establishes annual fees to

covercosts associated with implementation, administration and operation ofthe I/Mprogram. See NRS 445B.830. The fees must be paidto the DMV and accounted for inthe pollution control account, which is created in the Nevada general fund. The 1994 Truckee Meadows I/M SIP notes that the basic I/M program in Truckee Meadows is an update to existing program whose funding has long been established. To illustrate how the funds paid to DMV

are allocated to provide foremployee salaries, the Basic I/M SIP includes a copy ofthe budget forthe program, as approved by the 67th Session ofthe Nevada Legislature and the Governor, showing provisions for personnel sufficient to meet the oversight requirements ofthe program for fiscal year 1994. See appendix #3 of the Basic I/M SIP. EPA believes the State's I/M program plan for tools and resources is acceptable.

Test Frequency and.Convenience (40 CFR 51.355)

The performance standards for I/M programs assume an annual test frequency, but under the Federal I/M rule, other schedules may be approved iftherequired emission targets are achieved. Also, underthe Federal I/M rule, the SIP must include the legal authority necessary to implement and enforce the test frequency requirement and explain how the test frequency will be integrated with the enforcement process.

Nevada's motor vehicle I/M program is 'registration-enforced inthe two affected counties (i.e., Washoe and Clark) and is tracked by continuing annual vehicle registration. Under NRS 482.206, vehicle registration must be renewed annually, and under NAC 445B.594, persons who are registering or reregistering their vehicle in Truckee Meadows (except for new vehicles)
must provide evidence ofcompliance (with the emission inspection) aspart of the annual registration process. New vehicles are exempt from testing until the thirdregistration cycle. See NAC 445B.592.

The DMVhas authority underNRS 445B.798 to require proof ofcompliance with the emission standards after a vehicle has been cited forneeding mechanical repair or for asmoking vehicle. Nevada law thereby provides for.out-of-cycle emissiontesting for high-emitting vehicles. Under NRS 482.461, cancellation ofregistration can result ifthe vehicle failing a test conducted under NRS 445B.798 has not been repaired as required.

On May 11, 2007, NDEP submitted all ofthe current versions ofthe statutory provisions and rules cited above for approval into the Nevada SIP. EPA believes these elements meet the requirements ofthe Federal I/M rule.

Vehicle Coverage (40 CFR 51.356)

The Federal model "basic" I/M
program against which State programs

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1968 and newer model year (MY) "lightduty" vehicles (i.e.,up to 8,500 pounds GVWR) and includes vehicles operating

on all fuel types. TheFederal "basic" I/ M program does not assume coverage of light-duty trucks. Other levelsof
coverage may be approved ifthe
necessary emission reductions are achieved.

Under Nevada's basicI/M program, the term "light-duty motor vehicles" refers topassenger cars and trucks up to 8,500 pounds GVWR; "heavy-duty
motor vehicles" refers to vehicles of 8,500 pounds GVWR ormore. Nevada's basic I/M program is more inclusive than required under the Federal I/M rule in someways and less inclusive in others. For instance, the program is

more inclusive in that,as mentioned above, it requires all 1968 and newer heavy-duty gasoline-powered vehicles
tobe tested annually in addition to light-duty gasoline-powered vehicles. On the other hand, Nevada's basic I/M
program provides certain exemptions
not included in the model program, such as the exemption for new vehicles, which are not emissions-tested until the third registration cycle (but still mustbe registered orre-registered). Otherminor exemptions are set forth in NAC 445B.592 (such as motorcycles and
motor vehicles permanently converted from gasoline topropane, compressed natural gas, methane or.butane as a fuel). The Basic I/M Performance Standard Evaluation submitted byNDEP

as a SIP revision on November 2, 2006 takes these exemptions into account. Under the Nevada program, light-duty diesel-powered vehicles, 1968 and
newer, are also subject to annual registration requirements and certain emissions-related requirements but are not subject tothe emissions testing procedures that apply to gasolinepowered vehicles. In addition, the emissions evaluation for the State's I/M
program takes no specific credit for inspection and maintenance ofdieselpowered vehicles.

EPA believes that Nevada's "basic" I/M program adequately identifies and
accounts for the vehicles covered by the
program and thereby meets the requirements ofthe Federal I/M rule under 40 CFR 51.356.

The Federal I/M rule requires that vehicles operated on Federal installations located within anI/M program areabe tested regardless of whether the vehicles areregistered in the state or local I/M area. See 40 CFR 51.356(a)(4). However, we are not requiring statesto implement 40 CFR 51.356(a)(4) atthis time. The Department ofJustice has recommended
to EPA that this Federal regulationbe revised since it appears to grant states authority to regulate Federal installations incircumstances where the Federal government has not waived sovereign immunity. It would not be appropriate to require compliance with thisregulation ifit is not constitutionally authorized. EPA willbe revising this provision in the future and willreview state I/M SIPs with respect
to this issue when this new rule is final. Therefore, forthese reasons, EPA is neither approving nor disapproving the speific requirements which applyto Federal facilities at thistime. Specifically, we are taking no action on submitted ruleNAC 445B.595(2), which extends the State's I/M requirements to motor vehicles operated on-Federal installations located within I/M areas. We are alsoproposing under CAA section 110(k)(6), which authorizes EPA
to correct errors in SIP actions, to

- rescind our previous approval ofNAC 445B.595(2) into the Nevada SIP on grounds ofsovereign immunity. Weapproved NAC 445B.595(2) as part of

our 2004 approval ofthe State of Nevada's I/Mprogram forLas Vegas and Boulder City.

Test Procedures and Standards (40 CFR 51.357)

The Federal I/M rulerequires that
states establish written test procedures and pass/fail standards tobe followed for each model year and vehicle type included in the program. The required
test procedures are specified in 40 CFR 51.357(a). The Federal I/M rule also requires that beginning January 1, 2002, inspection ofthe OBD systems on MY 1996 and newer light-duty vehicles

- shall be conducted according to the procedure described in 40 CFR 85.2222,
ata minimum. See 40 CFR 51.357(a)(12). The required test standards are specified in40 CFR 51.357(b).

EPA'sbasic I/M performance standard

assumes testing in idle mode, but Nevada's I/M program requires subject vehicles to pass the more demanding "two-speed idle" test (i.e., exhaust emissions aretested inidle mode and at 2,500 rpm). In this instance, the subject vehicles include all gasoline-powered
motor vehicles (except motorcycleq, and other exempt categories), i.e., light-duty gasoline-powered vehicles MY 1968 through MY 1995, and heavy-duty gasoline-powered vehicles MY 1968 and

newer. See NAC 445B.580. Generally, the procedures require use of an approved exhaust gas analyzer and compliance with the emissions standards set forth in NAC 445B.596 (unlessa waiver is granted). All lightduty gasoline-powered vehicles MY' 1996 and newer are subject to OBD systems checks. SeeNAC 445B.5805. The State's procedures for thetwospeed idle test andthe OBD system check are consistent with EPA requirements. Testing procedures and standards for light-duty diesel-powbred vehicles are found in NAC445B.587 through 445B.589.

EPA's basic I/M performance standard

assumes exhaust emission testing standards as specified'in 40 CFR part 85, subpart W. Consistent with those standards, the State I/M program establishes, for those vehicles that are subject to emissions testing, maximum exhaust emissions for MY 1981 and

newer of 1.2% for CO and 220 ppm for hydrocarbons (HG). For older light-duty gasoline-powered vehicles (MY 1968 through 1980), maximum CO 

### (%) and
HC (ppm)standards range from 4.0%- 2.0% and 800 ppm-500 ppm, respectively. The standards forheavyduty gasoline-powered vehicles MY 1981 and newer are 3.5% for CO and 1,000 ppm forHC; for older heavy-duty gasoline-powered vehicles (MY 1968 through 1980), mLximum CO 

### (%) and
HC (ppm)range from 7.0%-4.0% and 1,400 ppm-1,000 ppm, respectively. See
NAC 445B.596. In the event of an emission failure ofany kind,all components are retested afterrepairs.

The Federal basic I/M performance standard does not assume that inspections are made ofthe emission control devices as part ofthe I/M program. Under the Nevada I/M program, however, such inspections are required. Specifically, inspectors perform visual checks for smoke from the exhaust system andfor blowby gases from the crankcase. SeeNAC 445B.580. Also, inspectors visually inspect all vehicles to determine the presence ofa properly installed gas cap. For lightduty gasoline-powered vehicles MY 1981 throughMY 1995 (andMY 1996 and newer heavy-duty gasoline-powered vehicles), inspectors also check for the
presence of an exhaust gas recirculation valve, catalytic converter, air injection system and fuel inletrestricter, and whether this equipment appears to be operating in accordance with the specifications ofthe manufacturer ofthe vehicle. See NAC445B.580. ForMY 1996 andnewer light-duty gasolinepowered vehicles, inspection stations administer OBD systems checks (see
NAC 445B.5805) that substitute forthe visual inspections that arepart ofthe
program for earlier models. Ifa vehicle has missing or malfunctioning , emissions control equipment, Nevada's required I/Mtest will resultin afailed vehicle notification. Under NAC 445B.582 and 445B.589, necessary 

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repairs mustbe completed before a secondtest can be performed.

We conclude that the State's test procedures and standards meet the corresponding Federal I/M rule

- requirements.

Test Equipment (40 CFR 51.358)

The Federal I/M rule requires computerized test systems for performing any measurement on subject vehicles, and the SIP is to include written technical specifications.for all
test equipment used in the program.

In 1994, when the Basic I/M SIP was submitted, the State's exhaust gas analyzer was the Nevada 94 analyzer, and the Basic I/M SIP included the written specifications for that analyzer. Since then, the State has replaced the Nevada 94 analyzer with the NV2000 analyzer and submitted the related written specifications toEPA in a SIP submittal dated January 30, 2002. The January 30, 2002 SIP submittal was made in connection with our review of the I/M program in Las Vegas and Boulder City, but we note that the same analyzer (i.e., NV2000) is required for

use inboth the Las Vegas/Boulder City

area and in the Truckee Meadows area. On May 11, 2007, NDEP submitted another I/M-related SIP revision that included, among other items, written specifications for achange in NV2000 as previously submitted to make emissions testing possible on motorvehicles containing a certified OBD system which uses controller area network communication.

NV2000 emissiontesting equipment has been used to inspect gasolinepowered vehicles since April 2001. NV2000 analyzers carry California Bureau ofAutomotive Repair (BAR 97) certification. Two-speed idle and OBD inspection procedures canbe performed with NV2000 analyzers. The NV2000 emission analyzer has remained in the

same configuration as when first implemented inApril 2001 with one exception. In late 2004, a revised OBD

scan hardware capable of communication with controller area network systems was approved as an option. Emissions stations were required to update theirNV2000 emission analyzers to include the revised OBD scanhardware by September 2006.

NV2000 testequipment features include:Concentration measurements of CO, HC, carbon dioxide (C0 2) and oxygen-(O 2); engine RPM; leak checks; anti-tampering'checks; automatic test datarecording; and lock-out measures. The test begins with acheck ofthe vehicle's registration and for any recall notices for that model vehicle. Adoption or use of alternate test equipment, test procedures or alternate methods requires prior approval byEPA. The exhaust gas analyzer specifications describe allthe necessary components ofthe emission analysis process, test equipment and allnecessary EPA requirements under 40 CFR 51.358. We found NV2000 to be acceptable in connection with our approval of Nevada's I/M program forLas Vegas and Boulder City (see 69 FR 56351 (September 21, 2004)) and believe that NV2000, as updated in NDEP's submittal dated May 11, 2007, is equally acceptable forthe purposes ofthe basic I/M program in Truckee Meadows. Quality Control (40 CFR 51.359)

The Federal I/M rule requires state programs to include measures to ensure emission testing equipment is calibrated andmaintained properly. See 40 CFR 51.359. SIPs areto include a description ofquality control and recordkeeping procedures and the procedure manual, rule, ordinance or law describing and establishing the quality control procedures and requirements. See 40 CFR 51.359(f). The specifications for Nevada's NV2000 analyzer include several quality control elements. Only State-certified analyzers maybe used for emission testing purposes under the I/ M program, and to qualify for certification, manufacturers ofanalyzers
must demonstrate that their model complies with all NV2000 specifications. NV2000 specifications

were submitted byNDEP as part ofits January 30, 2002 SIP submittal to EPA and approved as a SIP-revision on September 21, 2004 (69 FR 56351). NDEP submitted revisions to NV2000 on May 11,'2007. NV2000 requires that analyzers be designed to perform automatic two-point gas calibrations for HC, CO and carbon dioxide; ambient air

zero and span check tests; and
measurements of oxygen using ambient air. The specifications call for automatic gas calibration tobe conducted every 72 hours as activated by the analyzer's internal clock. In addition, to meet NV2000 specifications, an analyzer
must be designedwith a system capable ofrequiring an automatic leak check of the vacuum side ofthe analyzer activated by theinternal clock every 24 hours.

The NV2000 analyzer also includes a number ofautomated controls to ensure thatthe system is tamper-resistant. The inspection certificates are stored automatically by the exhaust gas emission analyzer. The analyzers provide security capable ofpreventing any unauthorized modifications to the software ortest data. The performance oflicensed test and repair stations on repairing vehicles for retest is monitored. Emission certificates are counterfeit-resistant. Overt and covert audits are used to help verify the security ofdocuments and emission test information. The Nevada DMV collects and inspects records from licensed test stations to detect discrepancies in testing and/or repairs. EPA believes the State's submitted basic I/M program for Truckee Meadows meets the quality control requirements of40 CFR 51.359 and is acceptable.

Waivers and Compliance viaDiagnostic Inspection (40 CFR 51.360)

Under the Federal I/Mrule, state I/M programs may allow the issuance of a waiver, which is a form ofcompliance with the program requirements that allows a motorist tocomply without meeting the applicable test standards, as long as certain prescribed criteria are met. See40 CFR 51.360. For "basic" I/ Mprograms, state I/M programs must require motorists to make an expenditure of at least $75 forpre-1981 vehicles and $200 for 1981 and newer vehicles to qualify for a waiver, but allows motorists to wait to repair a failed vehicle for the period of one test cycle for "economic hardship." See 40 CFR 51.360(a)(9).

The State ofNevada has adopted procedures forissuing waivers after an emission test failure (see NAC 445B.590). First ofa1l, only Nevada DMV may grant a waiver underthe emissions standards tests. Second, for thebasic I/M program in Truckee Meadows, the Nevada program requires

a minimum expenditure ofat least $200
at an authorized station onrepair parts (other than a catalytic converter, fuel inlet restrictor orlair injection system) or

on labor to qualify for a waiver. See NAC 445B.590(2)(a). Such labor costs cannot include emission testingifthe repairs evidenced bythe receiptwere directly related to the deficiency in emissions. Ifthe vehicle is repaired by the owner,the waiver application must include receipts or other evidence that
at least $200 has been spent on parts (other than a catalytic converter, fuel inlet restrictor or air injection system). No allowance is permitted for labor on vehicles repaired by the owner. Also, a vehicle that qualifies forrepairs under

a warranty is not eligible fora waiver. The performance standard evaluation provided bythe State inthe Basic I/M Performance Standard Evaluation SIP submittal dated November 2, 2006 reflects the actual waiver rate that occurred during the first quarter of 1996: 4.2% for pre-1981 vehicles and 3.3% of 1981 and newer vehicles. We 

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find that Nevada's submitted basic I/M program for Truckee Meadows meets the requirements for issuing waivers under such programs under 40 CFR 51.360 and adequately accounts for waivers inthe performance standard evaluation forthe program.
Motorist Compliance Enforcement (40 CFR 51.361)

The Federal I/M rule requires the use ofregistration denial toensure compliance with the requirements ofthe I/M program. However, the Federal I/M rule allows programs in "basic" I/M

areas to use an alternative enforcement mechanism ifthe State demonstrates that the alternative will be as effective

as registration denial.

The Nevada program includes a registration denial enforcement program. See NRS 445B.815 AND NRS 482.280. New residents toNevada must register theirmotor vehicles within 60 days ofbecoming a resident. See NRS 482.385. Vehicle owners that do not

renew vehicleregistrations, and continue to drive an unregistered vehicle in the state, are subject to enforcement actionby any law enforcement officer in the state. Local governments are responsible for establishing policies for the mandatory fines ofall traffic violations including failure to comply with registration requirements.

Persons purchasing vehicles from used-car dealers musthave the vehicle tested and obtain evidence of compliance from the dealers prior to sale (NRS 445B.800). All persons * purchasing vehicles from individuals
must have the vehicle tested and have

a passing certificate ofcompliance to obtain registration. Ifa vehicle is not registered, itis unlawfdl tobe operated

on public highways, and NRS 445B:840 prohibits possession of.unauthorized evidence ofcompliance or the making, issuance, oruse ofany imitation or counterfeit evidence ofcompliance.

Government fleets (any number of vehicles) and private fleets (consisting of25 or more vehicles) can certify their vehicles intheir own licensed fleet facility (seeNAC 445B.461 and NAC 445B.478). I/M inspection facilities for fleets mustalso meet therequirements applicable to a licensed test station except for bonds and signs. Evidence of I/M compliance for vehicles serviced by

a covered fleetmust be submitted annually to Nevada DMV.

Emission control ompliance is tied to vehicle registration orre-registration. Registration tags are color-coded with the date imprinted to make iteasily visible to local, county or State law enforcement personnel. EPA believes thesubmitted basic I/M program for Truckee Meadows meetsthe requirements under the Federal rule related to motorist compliance enforcement and is acceptable.

Motorist Compliance Enforcement Program Oversight (40 CFR 51.362)

The-Federal I/M rulerequires-the

- State to audit the enforcement program

on a regular basis and to follow effective program management practices, including adjustments to improve operation when necessary. A quality

assurance program must be implemented to ensure effective overall performance ofthe enforcement system.

Under Nevada's program, compliance is monitored using computer records of vehicle registration through the Nevada DMV, in conjunction with the State, local and county law enforcement agencies. Denial ofvehicle registration

orre-registration is the main tool for compliance. The DMV issues and supplies all emission control documents. TheDMV tracks all certificates ofinspection issued, received, returned or voided bythe individual licensed test stations. Licensed test stations are required to provide theDMV with areport on all control documents received, issued, or voided (see NAC445B.472 and 445B.473).

The DMV is required to develop procedures forpersonnel engaged in I/Mdocument management and processing. Periodic audits oftest records and registration files for renewals must be performed. Evaluations ofall personnel are conducted on aregular basis in accordance with the State Personnel Manual.

Emission test files are required tobe updated periodically atthe DMV. Procedures have been developed for inquiry intothe host computer for specific vehicles, stations, andgeneral program reporting. Information on . complaints, waivers issued, and recall information is included in the data files. NV2000 specifications require automatic functions forsuch items as the following: Pass/fail determinations

on all measurements; a record of all test data and vehicle data to the central computer; electronic calibration and system integrity checks; andlockouts for specified quality control.

The Statehas developed written procedures for all field auditors and personnel directly involved in the enforcement ofthe I/M pfogram. The procedures include: Methods for performing covert and overt audits, preparation of enforcement documents, methods for operation ofI/M test equipment, public relation materials and other applicable information. EPA believes the submitted basic I/M program forTruckee Meadows meets the requirements under theFederal rule related to oversight ofthe motorist compliance enforcement program and is acceptable. Quality Assurance (40 CFR 51.363) 1The Federal I/M rule requires an ongoing quality assurance program to discover, correct, and prevent fraud, waste, and abuse and to determine whether procedures arebeing followed and are adequate, ifequipment is measuring accurately, and ifother problems may exist, which would impede program performance. The procedures must alsobe periodically evaluated to assess their effectiveness and relevance in achieving program goals. See 40 CFR 51.363.

The specifications for the NV2000 analyzer incorporate quality assurance procedures. Among its various software requirements, NV2000 provides the capability forgenerating station and inspector evaluation reports. NV2000 also provides for different types of reports generated for State audit purposes, such as a station performance report and details regarding analyzer maintenance. Each licensed test station
must maintain records and havethem available for collection forDMV evaluation (see NAC 445B.472).

The State's rules for inspecting test -stations and inspectors are set forth in NAC 445B.7015-445B.7045. Nevada DMV conducts annual audits oftest stations and may determine that additional inspections are necessary based-on circumstances such as abnormal rates offailure ofmotor vehicles on exhaust emissions tests or receipt of complaints against stations or inspectors. In addition, aminimum of

once every calendar month, DMV performs an audit ofallexhaust gas analyzers located at a test station, and

once every calendar quarter, DMV's audit includes an evaluation ofthe accuracy ofthe analyzers using specialty gas specifically designed for thatpurpose. See NAC 445B.472.

DMV has developed written standard

.operating procedures for quality

assurance thatwere included as appendix 6 ofthe Basic I/M SIP submitted in 1994. Theseprocedures

cover such subjects as covert audits and

use of covert vehicles. Nevada DMV auditors receive formal training in the

use ofanalyzers, basics ofair pollution control, basic engine repair, State administrative procedures, quality

assurance practices, covert procedures and program rules andregulations. EPA 1184

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believes the State's submitted basic I/M program for Truckee Meadows meets the requirements underthe Federal.rule related to quality assurance and is acceptable.

Enforcement Against Contractors, Stations andInspectors (40 CFR 5.1.364)

The Federal I/M rulerequires the establishment ofminimum penalties for violations ofprogram rules and procedures which can be imposed against licensed stations or contractors, and inspectois. Procedures for actions against stations and inspectors are provided forin NAC sections 445B.463 and445B.476 (stations) and sections 445B.489 and445B.491 (inspectors). Violations and penalties are set forth in NRS section 445B.835 and 445B.845 andNAC sections 445B.7045 and 445B.727. Stations andinspectors are regulated by Nevada DMV withrespect to license denials, suspension, reinstatements, temporary suspensions, revoked licenses, required bonds, reapplications, and hearings for reapplication.[NAC sections 445B.463 through445B.468 (stations) and sections 445B.489 through 445B.493 (inspectors)]. EPA believes the State's submitted basic I/M program for Truckee Meadows rheets the requirements for enforcement against licensed stations orcontractors, and inspectors in the Federal rule and is acceptable.

Data Collection (40 CFR 51.365)

An effective I/M program requires
accurate data collection in order to manage, evaluate and enforce the program requirements. The Nevada I/M program contains data gathering provisions that meet all ofthe criteria of the EPA regulations. Vehicle test data storage andretrieval methods are enumerated. Test results are expressed

as either pass or fail. Information related
to the calibration check mustbe stored automatically byeach analysis. EPA believes the State's submitted basic I/M program for Truckee Meadows meets the requirements for data collection in the Federal rule andis acceptable.
Data Analysis and Reporting (40 CFR 51.366)

Data analysis andreporting are required to monitor and evaluate the program bythe State and EPA and must provide information regarding the types ofprogram activities performed and their final outcomes, including summary statistics and effectiveness evaluations ofthe enforcement mechanism, the quality assurance system, the quality control program, and the testing element. The Federal I/M rule requires four annual reports tobe submitted to EPA: Atest data report, a quality assurance report, a quality control report, and an enforcement report. In addition, on a biennial basis, the States must submit areport that addresses programmatic changes, such

as funding or personnel changes and

new regulations, and problems identified in the program and,steps taken to correct those problems.

Nevada DMV isresponsible, in cooperation with NDEP, for data analysis and reporting. The State of Nevada has consistently submitted the reports on time (byJuly ofeach year), and the reports contain the required information. Nevada's annual data analysis and reporting includes: The number ofvehicles tested by MY; pass/ fail data; basic statistics on the quality

assurance program for the previous year that include the number ofinspection stations operating through the year; overt and covert audit information; quality control reporting that includes the number of scheduled station audits that were conducted and the number of analyzers that failed a calibration audit; enforcement-related information includingthe motorist compliance level and the number ofwaivers granted; and

a description ofany changes made to the I/M program. The most recent report

covers calendar year 2006.

EPA believes that the State's submitted basic I/M program for Truckee Meadows meets the requirements for data analysis and reporting inthe Federal rule andis acceptable. Inspector Training and Licensing or Certification (40 CFR 51.367)

The Federal I/M rule requires all inspectors toreceive formal training and be licensed or certified to conduct inspections. NAC sections 445B.485 through 445B.502 set forth the procedures for the required training and licensing ofinspectors. Nevada DMV's requirements for an approved inspector include a verified training program for "class 1" and "class 2" inspectors (including acourse approved by DMV),

a written and practical testing program, and a separate certification process. All trainees are required to pass a comprehensive hands-on andwritten examination which requires inspectors
to demonstrate an understanding of N'evada's regulations, test procedures, equipment usage, quality control procedures and safety and health issues. Certified repair technicians must comply with thetraining and licensing requirements of "class 2" inspectors in order to perform service on vehicle exhaust emission components. All test stations must employ approved inspectors ofthe appropriate class and rating.Nevada DMVprovides the appropriate inspector training and -licensingto meet therequirements listed in 40 CFR 51.367. EPA believes that the State's submitted basic I/M
program forTruckee Meadows meets the requirements for inspector training and licensing or certification in the Federal rule andis acceptable.

Public Information and Consumer Protection (40 CFR 51.368)

The Federal I/M rule requires that an I/M program include a plan for informing the public on an ongoing basis throughout the life ofthe I/M program of: Local airquality problems, the requirements ofFederal and State law, andthe impact ofmotor vehicles to local air quality problems. The educational program should also include information on: The need for andbenefits of an inspection program, how to maintain a vehicle in a lowemission condition, how tofind a qualified repair technician, and the requirements ofthe I/M program. In addition, the program must describe procedures and mechanisms to protect the public from fraud and abuseby inspectors, mechanics, and others involved inthe I/M program.

Pursuant to NRS 445B.785 and NAC 445B.471, Nevada DMV issues a pamphlet for the purpose ofproviding the general public with a description of the methods of,and reasons for,the I/ M program. NDEPincluded such a pamphlet in appendix 8 ofthe BasicI/ M SIP submitted in 1994. In addition, Nevada DMV operates a Web site (http://www.dmvnv.com/emission.htm) that describes the emissions testing program. Nevada DMV has developed a public relations program to disseminate information to the public through the local offices ofthe DMV and civic
events throughout the year. Information is made available tothe motorist, whose vehicle failsthe test, regarding repair facilities. The consumer isprotected through covert audits, regular inspections and public reports of improprieties. EPA believes the State's submitted basic I/M program for Truckee Meadows meets the requirements for public information and

consumer protection in the Federal rule andis acceptable. Improving Repair Effectiveness (40 CFR 51.369)

I/M program goals are achieved through effective repairs ofvehicles which have failed the initial test. Under the Federal I/Mrule, the State must provide the repair industry with 

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information and assistance on vehicle inspection, diagnosis and repair. Also, 'the State I/M program must provide feedback, including statistical and qualitative information to individual repair facilities on a regular basis regarding their success in repairing failed vehicles. Lastly, the State must

assess the availability ofadequate repair technician training in the I/M area and ifsuch training is not currently available, shall ensure training is made available to all interested persons in the community either through private or public facilities.

Nevada DMV provides technical assistance tothe repair industry by requiring the manufacturer ofNV2000 exhaust gas analyzers to train all approved inspectors at the time bf installation in the proper use, maintenance and operation ofthe analyzer and to provide on-site service calls to address specific issues or problems. See NAC 445B.5075. To provide NevadaDMV with thebasis to evaluate the success in repairing failed vehicles, each authorized station is required to maintain, and have available for collection, records ofall repairs at the request ofNevada DMV. See NAC 445B.472. Lastly, Nevada DMV's inspector regulations (NAC 445B.485 through 445B.502) require specific training and licensing of"class 2" inspectors, who arethen approved as repairtechnicians. The training and certifying ofmechanics is under the auspices oftheDMV in cooperation with the Community College System.

We findthat the State's I/M program for repairtechnician training meets the requirements of40 CFR 51.369 thereby justifying the technician training credit taken inthe Basic I/M Performance Standard Evaluation SIP submitted on November 2, 2006. Compliance With Recall Notices (40 CFR 51.370)

States are required to establish a method to ensure that vehicles subject
to "enhanced" I/M and that are included in either a voluntary emissions recall as defined at 40 CFR 85.1902(d),

or in a remedial plan determination made pursuant to section 207(c) ofthe Act, receive therequired repairs. "Basic" I/M programs, such as the one required for Truckee Meadows, are not subject tothis requirement.

On-Road Testing (40 CFR 51.371)

On-road testing isrequired in areas subject to "enhanced" I/M requirements but is an option for areas subject to "basic" I/M. Because Truckee Meadows is subject tothe "basic" I/M requirements, no on-road testing is required in that area, and none isbeing conducted.

State Implementation Plan Submission (40 CFR 51.372)

The Federal I/M rule requires State I/ •M SIP submittals to address the following elements: (1) Schedule of implementation ofthe program including interim milestones leading to mandatory testing; (2) an analysis of emission level targets for the program showing that the program meets the performance standard; (3) a description ofthe geographic coverage ofthe
program; (4) a detailed discussion of each ofthe required design elements; (5) legal authority requiring or allowing implementation of the I/M program; (6) legal authority for I/M program operation until such time as itis no longer necessary; (7) implementing regulations, interagency agreements, and memorandum ofunderstanding; and (8) evidence ofadequate funding and resources to implement all aspects ofthe program.

,The State ofNevada has implemented

a mandatory I/M program in Truckee Meadows since 1983. The changes that the State adopted to meet EPA's "basic" I/M program requirements were implemented in 1994. ForMY 1996 and

newer light-duty gasoline-powered vehicles, mandatory OBD system checks replaced the previous two-speed idle
test beginning in 2002.

All ofthe required SIP I/Melements listed above wereincluded in the Basic I/M SIP submitted by NDEP onJune 3, 1994 except forthe performance standard evaluation, which was contained in the Basic I/MPerformance Standard Evaluation SIP submitted on November 2, 2006. Also, since 1994, the State has updated certain eldments of the Basic I/M SIP, including the legal authority for the program, the implementing regulations, and the specifications for the approved exhaust
gas analyzer. On May 11, 2007, NDEP submitted athird related SIP revision entitled NevadaMobileSourceSIP: UpdateoftheRegulatoryElement(May 11, 2007)("Mobile Source SIP Update"), which includes a complete set of
current I/M-related statutory provisions and implementing rules as well as the changes to the specifications for the NV2000 exhaust gas analyzer made since approval ofNV2000 as part of Nevada's I/M program in Las Vegas and Boulder City in 2004. Thus, NDEP has submitted allofthe required I/M elements. We note alsothat Nevada's I/ M program does not undergo a sunset review, andthereby has the legal authority to operate until suchtime as itis nolonger necessary. Implementation Deadlines (40 CFR 51.373)

The Federal I/M rule requires I/M
programs to be implemented as expeditiously as practicable. Decentralized "basic" I/M programs

wererequired to be fully implemented byJanuary 1, 1994. On-board diagnostic system checks must. be implemented in all "basic" I/M areasbyJanuary 1, 2002. Nevada's "basic" I/M program was implemented in 1994, and Nevada's requirements forOBD checks were implemented in 2002. This is acceptable.

Conclusion

Based on our review ofthe various elements ofthe program as discussed above, we propose to approve the basic I/M program for Truckee Meadows as meeting all applicable requirements under the CAA and our implementing regulations under 40 CFR part 51, including the requirement that thebasic
program meets the "basic" performance standard applicable to "moderate" CO nonattainment areas with design values less than 12.7 ppm.
VIII. Clean Air Act Requirements for Redesignation to Attainment

The CAA establishes the requirements forredesignating anonattainment area to attainment. Specifically, section 107(d)(3)(E) allows forredesignation provided that the following criteria are met: (1)EPA determines that the area has attained the applicable NAAQS; (2) EPA has fully approved the applicable implementation plan forthe area under section 110(k); (3) EPA determines that the improvement in air quality is due to permanent andenforceable reductions inemissions resulting from implementation ofthe applicable SIP, applicable Federal airpollution control regulations, and otherpermanent and enforceable reductions; (4) EPA has fully approved a maintenance plan for the area as meeting the requirements of CAA section 175A; and (5) the State containing such area has met all requirements applicable to the area under section 110 and part D ofthe 

### CAA.

EPA provided guidance on redesignations in the form ofa General Preamble forthe Implementation of Title I ofthe CAA Amendments of1990 published inthe Federal Register on April 16, 1992 (57 FR 13498), as supplemented on April 28, 1992 (57 FR 18070). Otherrelevant EPA guidance documents include:

* "Contingency Measures for Ozone and Carbon Monoxide (CO) Redesignations," Memorandum from 1186

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G.T. Helms, Chief, Ozone/Carbon Monoxide Programs Branch, Office of Air Quality Planning and Standards (OAQPS), June 1, 1992 (Helms memo);

* "Procedures for Processing Requests to Redesignate Areas to Attainment," Memorandum from John Calcagni, Director, Air Quality Management Division, OAQPS, September 4, 1992 (Calcagni memo 1992a);

o "Public Hearing Requirements for 1990 Base-Year Emissions Inventories for Ozone and Carbon Monoxide Nonattainment Areas," Memorandum from John Calcagni, Director, Air Quality Management Division, OAQPS, September 29, 1992 (Calcagni memo 1992b);

* "State Implementation Plan (SIP) Actions Submitted in Response to Clean Air Act (ACT)Deadlines," Memorandum fromJohn Calcagni, Director, Air Quality Management Division, OAQPS, October 28, 1992 (Calcagni memo 1992c);

e "State Implementation Plan (SIP) Requirements for Areas Submitting Requests forRedesignation to Attainment ofthe Ozone and Carbon Monoxide (CO) National Ambient Air Quality Standards (NAAQS) On or After November 15, 1992," Memorandum from Michael H. Shapiro, Acting Assistant Administrator for Air and Radiation, September 17, 1993 EShapiro memo); 0 "Use ofActual Emissions in Maintenance Demonstrations for Ozone and Carbon Monoxide (CO) Nonattainment Areas," Memorandum fromD. Kent Berry, Acting Director, Air Quality Management Division, OAQPS, November 30, 1993 (Berry memo); * "Part D New Source Review (part D NSR) Requirements for Areas Requesting Redesignation to Attainment," Memorandum fromMary D. Nichols, Assistant Administrator for Air and Radiation, October 14, 1994 (Nichols memo).

For the reasons setforth below in section IX ofthis document, we propose to approve NDEP's request for redesignation ofthe Truckee Meadows nonattainment area to attainment for the CO NAAQS based on our conclusion that all ofthe criteria under CAA section 107(d)(3)(E) have been satisfied.

IX. Evaluation ofthe State's Redesignation Request forTruckee Meadows

A. TheAreaMustHaveAttainedthe ApplicableNAAQS

Section 107(d)(3)(E)(i) ofthe CAA
states that for an area to be redesignated
to attainment EPA must *determine that the area has attained the applicable NAAQS. in this case, the applicable NAAQSis the CO NAAQS.

On May 3, 2005.(70 FR 22803), we determined that the Truckee Meadows "moderate" CO nonattainment area attained the CO NAAQS by the applicable attainment date (1995) and had continued to attain the standard since that time. As part ofthat determination, we reviewed the ambient CO monitoring network operated by the District AQMD and found that it meets

orexceeds our requirements. See 70 FR 3170 (January 21, 2005). For a description ofDistrict AQMD's ambient CO monitoring network in Truckee Meadows and ourrequirements for such networks, please see our January 21, 2005 proposed CO attainment finding (70 FR 3170).

We based our May 3, 2005 determination ofattainment on ambient monitoring data through year 2004. For the purposes ofthisproposed rule, we have reviewed the most recent data input to ourAir Quality System (AQS) database and-have foundthat no exceedances ofthe CO NAAQS have been recorded in the 2005-2006 period. (Thehighest 8-hour CO concentrations

were less than 50% ofthe NAAQS at all ofthe stations over the 2005-2006 period.) Thus, based onthe attainment finding andpositive assessment ofthe District AQMD ambient CO monitoring network that we made in May 2005 and

our current review ofthe mostrecent data in AQS, we find thatTruckee Meadows has attained the CO NAAQS thereby satisfying the criterion for redesignation set forth in section 107(d)(3)(E)(i).

B. TheAreaMustHaveaFully Approved SIPUnderSection 110(k) of the CAA

Section 107(d)(3)(E)(ii) precludes redesignation ofa nonattainment area to attainment until EPAhas fully approved the applicable implementation plan for the area under section 110(k). Pursuant
tothe CAA amendments of 1977, the State ofNevada submitted a CO plan for theTruckee Meadows nonattainment

area. In 1981, we approved in part, and conditionally approved in part, the submitted CO plan, and in 1982, we found thatthe conditions imposed on approval ofcertain elements ofthe CO plan forTruckee Meadows had been fulfilled. In 1.984, we approved revisions
to many ofthe elements contained in the CO plan for Truckee Meadows, and deferred action on other elements. We proposed disapproval ofa subsequent CO plan for Truckee Meadows in 1987, but we consider theplan elements for which we deferred action or proposed disapproval in the 1980's to be superseded by the SIP revision submittals made pursuant to the 1990 Clean Air Act Amendments.

With respect topost-1990 SIP submittals, upon final approval ofthe required plan elements proposed for approval herein (wintertime oxygenated gasoline rule and "basic" I/M program),

we willhave fully approved the applicable implementation plan for the Truckee Meadows CO nonattainment
area, and thereby satisfied this criterion forredesignation.

C. TheAreaMust Show the Improvementin AirQualityIsDueto PermanentandEnforceable Emissions Reductions

Section 107(d)(3)(E)(iii) precludes redesignation ofa nonattainment area to attainment unless EPA determines that the improvement in air quality is due to permanent and enforceable reductions inemissions resulting from implementation of the applicable SIP and applicable Federal airpollution control regulations and other permanent andenforceable regulations. IfEPA makes such a determination, then the criterion is satisfied.

The improvement in CO air quality in the Truckee Meadows area is dueto the Federal Motor Vehicle Control Program (40 CFR part 86), the local wintertime oxygenated gasoline rule, the State's "basic" vehicle I/M program, and the local residential wood combustion rule. The Federal Motor Vehicle Control Program has contributed to improved air quality through the gradual, continued
turnover andreplacement ofolder vehicle models with newer models manufactured tomeet increasingly stringent Federal tailpipe emissions standards. The emissions reductions from the Federal Motor Vehicle Control Program are reflected in the emissions inventories and maintenance demonstration discussed later inthis document throughthe use ofEPA's MOBILE emission factor model for onroad motor vehicles. The Truckee Meadows CO Maintenance Plan provides estimates ofthe emissions reductions associated with the State and local measures in years 2002, 2010 and 2016 (see page 7 ofthe Truckee Meadows CO Maintenance Plan). Based

on those estimates, the three State and local control measures togetherreduced CO emissions that would otherwise have occurred in Truckee Meadows by approximately 20 percent in 2002.

. With respectto permanence and enforceability, we are proposing approval ofthe wintertime oxygenated gasoline rule and the "basic" vehicle I/M program in this action, and upon 

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their final approval, the local wintertime oxygenated gasoline rule and basic I/M program willbecome federally enforceable as part ofthe Nevada SIP. (Thewintertime oxygenated gasoline rule andbasic I/M program are already enforceable by the District and State, respectively.) Upon the effective date ofour approval ofthe residential wood combustion rule, it became federally enforceable. None of these measures include sunset clauses, and thus,upon approvalby EPA, the

measures will become permanent features ofthe Nevada SIP until such time as the State submits, and EPA
approves, future SIP revisions that amend or delete them.

With respectto the connection between the emissions reductions and the improvement in air quality, the Truckee Meadows CO Maintenance Plan provides a demonstration that the air quality improvement in Truckee Meadows, that has resulted in attainment ofthe CO NAAQS by 1995 and continued attainment since then, is due to emission reductions from implementation ofthe control measures discussed above and is notthe result of

a local economic downturn or unusual

or extreme weather patterns. See pages 6 through 11 ofthe Truckee Meadows CO Maintenance Plan.

Thus, we find that the improvement in CO air quality in Truckee Meadows is theresult ofpermanent and enforceable emissions reductions from a combination ofthe Federal Motor Vehicle Control Program and certain State and local measures. As such, the criterion for redesignation set forth at CAA section 107(d)(3)(E)(iii) is satisfied.

D. TheAreaMust Have.MetAll ApplicableRequirements UnderSection 110andPartD

Section 107(d)(3)(E)(v) requires a State to havemet all requirements applicable to a nonattainment area under section 110 and partD ofthe Act

as a prerequisite toredesignation ofthat nonattainment area to attainment.

1. Section 110 Requirements

Section 1i0(a)(2) sets forth the general elements that a SIP must contain in order tobe fully approved. Although section 110(a)(2) was amended in 1990,

a number oftherequirements did not change in substance, and therefore, EPA believes that the pre-amendment EPAapproved SIP met these requirements in TruckeeMeadows with respect to CO. As to those requirements that were amended, (see 57 FR 27936 and 27939, June 23, 1992), many are duplicative of otherrequirements ofthe Act. EPA has analyzed the SIP and determined that it is consistent with therequirements of amended section 110(a)(2). The Truckee Meadows portion oftheNevada SIP contains enforceable emission limitations; requires monitoring, compiling and analyzing ofambient air quality data; requires preconstruction review ofnew ormodified stationary

sources; provides for adequate funding, staff, and associated resources necessary to implement its requirements; and provides the necessary assurances that the State maintains responsibility for ensuring thatthe CAA requirements are satisfied inthe event thatthe District is unable to meet its CAA obligations.

2. Part DRequirements

The requirements that apply under part D oftitle IoftheAct to "moderate" CO nonattainment areas are set forth in sections 172, 176, 187,and 211. The CAA, as amended in 1990, distinguishes between moderate CO nonattainment

areas with designvalues of 12.7 ppm (eight-hour average) or less and those with design values greater than 12.7
ppm at the time ofinitial classification. Truckee Meadows had a designvalue of 9.8 ppm at the time* ofinitial classification and thus is subject to those specific requirements that apply
to "moderate" CO nonattainment areas with a design value of 12.7 ppm or less and is not subject to the additional requirements of "moderate" CO nonattainment areas with design values greater than 12.7 ppm. We have issued guidance in a General Preamble 9 describing how we will review SIPs and SIP revisions submitted under ti-tle I of the Act, including those containing moderate CO nonattainment area SIP provisions.

ReasonablyAvailable Control Measures/ReasonablyAvailable ControlTechnology(RACM/RACT). Section 172(c)(1) oftheAct requires States to submit a SIP revision for nonattainment areas that provide for the implementation of all reasonably available control measures (RACM) as expeditiously as practicable (including such reductions in emissions from existing sources in the area as may be obtained through the adoption, at a minimum, ofreasonably available control technology (RACT)) and shall provide for attainment ofthe NAAQS. RACM is a more general term that can refer to stationary, area or mobile

sources while RACT is a term that refers
to stationary sources.

"GeneralPreamble for theImplementation of Title I ofthe CleanAir Act Amendments of 1990"
(57FR 13498, April 16, 1992, as supplemented 57 FR 18070, April 28, 1992). Attainment ofthe CO NAAQS in Truckee Meadows relies upon three State orlocal control measures: The State's I/M program, Washoe County's rule establishing a wintertime oxygenated fuel requirement and Washoe County's rule establishing requirements for residential wood combustion. We areproposing to approve the State's I/M program for Truckee Meadows as well as the District's rule establishing a wintertime oxygenated fuel requirement as partof this action (see sections VI and VII of this document). In a separate action, we approved the District's rule governing residential wood combustion. See 72 FR 33397 (June 18, 2007). Because the area has attained the CO NAAQS, no additional measures need be submitted
to fulfill the RACM/RACT requirement ofCAA section 172(c)(1) in the Truckee Meadows CO nonattainment area.

ReasonableFurther Progress(RFP). Section 172(c)(2) oftheAct requires States to submit a SIP revision for nonattainment areas that provide for reasonable further progress (RFP). Reasonable further progress is defined in CAA section 171(1) as such annual incremental reductions in emissions of the relevant airpollutant as are required by this part ormay reasonably be required by the Administrator for the
purpose of ensuring attainment ofthe applicable national ambient air quality standard by the applicable date.

EPA interprets theAct such that the requirements for RFP do not apply in evaluating arequest for redesignation to attainment since, at a minimum, the air quality data forthe area must show that the area has already attained. Showing that the State will make RFP towards attainment will,therefore, have no meaning at that p'oint. See 57 FR 13498,

at 13564 (April 16, 1992). See also our September 4, 1992 memorandum from John Calcagni, entitled "Procedures for Processing Requests to Redesignate Areas toAttainment" (Calcagni memo), p. 6. Based on our finding above that Truckee Meadows has attained the CO NAAQS, we find that the requirements for RFP do not apply for thepurposes of our evaluation ofthe State's request to red6signate the area to attainment.

EmissionsInventory.Sections 172(c)(3) and 187(a)(1) oftheAct require States to submit a comprehensive, accurate, current inventory of actual CO emissions for year 1990 from all sources within the nonattainment area. The inventory is to address actual CO emissions during the peak CO season for the area, and all stationary (generally referring to larger stationary source or "point" sources),

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stationary and fugitive (non-smokestack) sources), and mobile (on-road, nonroad, locomotive-and aircraft) sources are to be included inthe compilation. Under sections 172(c)(3) and 187(a)(5) ofthe Act, States arerequired to submit, no later than September 30, 1995, and no later than the endof each 3-year period thereafter, until redesignation, an updated inventory ofCO emitted within CO nonattainment areas.

On November 13, 1992, NDEP submitted arevision to the Truckee Meadows portion ofthe Nevada SIP that contained a number ofitems, including the 1990 Base Year CO Inventory. The 1990 Base Year CO Inventory was the responsibility ofand complied bythe staffofthe District AQMD. Inthe
process ofdeveloping this base year inventory, the District AQMD submitted

an Inventory Preparation Plan (IPP), which was officially accepted and approved byEPA. 10 In 1993, the District AQMD revised the 1990 Base Year CO Inventory to reflect, among other things,

an update ofEPA's on-road motor vehicle emission factor model (MOBILE) andupdated EPA methods for calculating emissions fromnonroad mobile sources. NDEP submitted the revised inventory ("Revised 1990 Base Year CO Inventory") to EPA onJune 3, 1994 as appendix 4 to NDEP's "basic" vehicle I/M SIP revision submittal for Truckee Meadows.

OnJanuary 19, 1996; April 14, 1999; February 5, 2002; and February 3, 2005, NDEP submitted SIP revisions that contained updates ofthe COemissions inventories for Truckee Meadows for
years 1993, 1996, 1999, and 2002, respectively, asrequired under CAA sections 172(c)(3) and 187(a)(5). Each successive inventory update reflects the changes in activity levels withineach of the various source categories, the effects ofon-going emissions control programs such asthe Federal Motor Vehicle Control Program and the District's residential wood combustion program,

as well asthe updates tomethods and emissions factors used todevelop emissions inventories, such as updates
toEPA's "MOBILE" emission factor model.

We interpret the Act such that the emission inventory requirements of section 172(a)(3), 187(a)(1), and 187(a)(5) are satisfied by theinventory requirements ofthe maintenance plan. See 57 FR 13498, at 13564 (April 16, 1992). Thus, ourproposed approval of the submittedmaintenance plan and

10See letter fromJulia Barrow, Chief,Air Quality Section, Air Division,EPA-Region IX, to Jack Sheen, Air Pollution Control Officer,District AQMD, dated February 21, 1992. related base year (2002) CO emission inventory satisfies the requirements of section 172(a)(3), 187(a)(1), and 187(a)(5) forthe purposes of redesignation ofTruckee Meadows to attainment forthe CO NAAQS. See section IX.E.1 herein for details concerning the base year (2002) CO emission inventory. Weplan no further action onthe previously submitted CO inventories foryears 1990, 1993, 1996, and 1999.11

Permits forNew andModifiedMajor Stationary Sources
Under section 172(c)(5), the CAA requires Statesto submit SIPrevisions that establish certain requirements for

new or modified stationary sources in nonattainment areas, including provisions to ensure that major new

sources or major modifications of existing sources ofnonattainment pollutants incorporate the highest level ofcontrol, referred to as the Lowest Achievable Emission Rate (LAER), and that increases in emissions from such stationary sources are offset so as to provide forreasonable further progress towards attainment in the nonattainment area. The process for reviewing permit applications and issuing permits for new or modified stationary sources ofairpollution is referred to as "New Source Review" (NSR). Withrespect to nonattainment pollutants in nonattainment areas, this process isreferred to as "'nonattainment NSR."

Under the Clean Air ActAmendments of 1977, States with designated nonattainment areas were required to 'amend theirNSR rules to impose LAER and offsets requirements onnew major

sources and majormodifications of nonattainment pollutants in nonattainment areas. Under the 1977 Act Amendments, we designated Truckee Meadows as a CO nonattainment area. In Washoe County, the District AQMD administers the NSR
program forall stationary sources except for certain fossil-fueled power plants that are subject under State law to NDEP jurisdiction.

To address the nonattainment NSR requirements flowing from the 1977 Act Amendments, the District amended its NSR rules; NDEP submitted them to EPA on July 24, 1979 as a revision to the

11

We are alsonot taking specific action on NDEP's submittal ofthe 2002 periodic inventory update. However, because the 2002 inventory was used as the base year inventory in theTruckee
Meadows CO Maintenance Plan, we are relying on the technical docinmentation submitted with the
2002 periodic inventory update in our evaluation of theTruckee Meadows CO Maintenance Plan. See
section IX.E.1 ofthis document. .Truckee Meadows portion ofthe Nevada SIP; and we approved them onApril 14, 1981. See 21758 (April 14, 1981). In that

same April 1981 final rule, we also approved NDEP's revised nonattainment NSR rules. Under these EPA-approved rules, LAER and offsets have been requirements for any new major sources

or major modifications ofCO in the Truckee Meadows nonattainment area.

The 1990 Clean Air Act Amendments retained the core nonattainment NSR elements ofLAER and offsets but added additional requirements, and in
response, the District again revised its NSR rules, and NDEP submitted the revised rules toEPA onApril 7, 1994. We have not taken action on the April 7, 1994 NSR SIP submittal.

We have determined, however, that

areas being redesignated from nonattainment to attainment do not need tocomply with the requirement that an NSRprogram be approved prior
to redesignation provided that the area demonstrates maintenance ofthe standard without nonattainment NSR in effect. The rationale for this determination is described in the Nichols memo cited in section VIII of this document.

TheTruckee Meadows CO Maintenance Plan anticipates an increase in CO emissions that is proportional to expected growth in population in theTruckee Meadows

area from the types of sources potentially subject to LAER and offsets 12rather than assuming that any increases inCO from such sources would be offset. See pages 18-20 inthe Truckee Meadows CO Maintenance Plan. Thus,we find that the maintenance demonstration forthe Truckee Meadows CO nonattainment

area does not rely onnonattainment NSR, and the State need not have a fully-approved nonattainment NSR
program for Truckee Meadows prior to approval ofthe CO redesignation request.

Prevention ofSignificant Deterioration (PSD) is the NSRprogram that applies to newmajor sources or major modifications ofattainment pollutants and is thereplacement program for nonattainment NSR after redesignation to attainment, andpart of the obligation under PSD is for a new

source to review incrementconsumption and maintenance ofthe air quality standards. The PSD program requires stationary sources toundergo preconstruction review before facilities

12The source categories with sources potentially subject to LAER and offsets include stationary

source fuel combustion andwaste disposal,
treatment and recovery. 

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are constructed ormodified, and to apply Best Available Control Technology (BACT). The PSDprogram will apply to any major source ormajor

- modification ofCO emissions wishing
to locate in the Truckee Meadows area

once the area is redesignated to attainment. EPA currently administers the PSD program in Washoe County except for certain types of sources for which EPA has delegated PSD authority
to NDEP. See 68 FR 19371 (April 21, 2003) and 70 FR52837 (September 8, 2003).

.Contingency Provisions.Section 172(c)(9) ofthe Act requires a State to submit contingency measures that will be implemented ifan area fails to make reasonable further progress 13 (RFP) or fails to attain bythe applicable attainment date.

On October 20, 1993, the District adopted arequest to the Nevada State Environmental Commission to require and implement an "enhanced" vehicle I/Mprogram inTruckee Meadows, upon the occurrence offuture CO NAAQS exceedances, as the contingency

measure intended to fulfill the requirement of CAA section 172(c)(9). NDEP included this contingency

measure as appendix 7to the State's "basic" vehicle I/M program for the Truckee Meadows area and submitted the "basic" vehicle I/Mprogram for the Truckee Meadows to EPA in a SIP revision submittal dated June 3, 1994.

As noted above, the section 172(c)(9) requirement for contingency measures

are directed at ensuring RFP and attainment by the applicable date. We interpret the Act such that this requirement no longer applies when an

area has attained the standard and is eligible forredesignation. See 57 FR 13498, at 13564 (April 16, 1992). See also Calcagni memo 1992a, at page 6. Furthermore, we note that CAA section 175A for maintenance plans provides specific requirements forcontingency

measures that effectively supersede the requirements of section 172(c)(9) for these areas.

Therefore, based on our finding above that Truckee Meadows has attained the CO NAAQS, we find that the requirement for contingency measures under section 172(c)(9) does not apply for the purposes ofour evaluation ofthe State'srequest for redesignation, and we consider the contingency provisions submitted as part ofthe Truckee

'3RFP means "such annual incremental reductions in emissions ofthe relevant airpollutant

as arerequired by this partor may reasonably be required by the Administrator forthe purpose of ensuring attainment ofthe applicable national ambient airquality standard by the applicable date." See section 171(1) ofthe Act. Meadows CO Maintenance Plan to supersede the contingency measure submitted onJune 3, 1994 and plan no further action onthe latter measure.

Section 176Requirements.Under section 176(c) ofthe.Clean Air Act Amendments of1990, States were required to establish criteria and procedures to ensure that Federally supported or funded projects conform to the air quality planning goals in the applicable SIP. Section 176(c) further provided that State conformity provisions be consistent with Federal conformityregulations that the CAA required EPA to promulgate. EPA's conformity regulations are codified at 40 CFRpart 93, subparts A ("transportation conformity") and B ("gbneral conformity"). "Transportation conformity" applies to transportation plans, programs, and projects developed, funded, and approved under title 23 U.S.C. or the Federal Transit Act, and "general conformity" applies
to all other Federally-supported or funded projects. SIP revisions intended
to address the conformity requirements

are referred toherein as "conformity SIPs."

To address the statutory and regulatory requirements related to transportation and general confoirmity,

on July 31, 1995, NDEP submitted the conformity procedures and criteria that had been adopted by the District on December 14, 1994 andby the Truckee Meadows Regional Planning Governing Boardon February 9, 1995. Wehave not taken action on the July 31, 1995 SIP revision submittal. 14

EPAbelieves it isreasonable to interpret the conformity requirements as not applicable for purposes of evaluating a redesignation request under section 107(d)(3)(E). The rationale for this isbased on a combination oftwo factors. First, therequirement to submit

a conformity SIP continues to apply to

areas after redesignation to attainment, since such areas wouldbe subjectto a section 175A maintenance plan. See

14On August 10, 2005, the Safe, Accountable, Flexible, Efficient Transportation EquityAct: A Legacy for Users (SAFETEA-LU) was enacted, and
among itsprovisions, this law amended section 176(c) of theCAA to reduce thecontent requirements fortransportation conformity SIPs. Under SAFETEA-LU, with respect to transportation conformity, States are required only to develop criteria and procedures forinteragency consultation and enforcement (and enforceability) of commitments for certain control measures and mitigation measures. In response to SAFETEA-LU, NDEP is now free to request thatEPA approve only the three provisions that are required to be included in transportation conformity SIPs and that EPA take

no action on the remainder ofthe transportation conformity portion ofthe July 31, 1995 SIP submission; however, other options are available as well. See 72 FR 24472, at 24484-24485 (May 2, 2007). CAA section 176(c)(5)(B). Second, the EPA's conformity rules require the performance ofconformity analyses in the absence ofFederally-approved State rules. See 40 CFR 51.390(b) and 51.851(b). Therefore, because areas are subject tothe conformity requirements regardless ofwhether they are redesignated to attainment andmust implement conformity under Federal rules if State rules are notyet approved, EPA believes itis reasonable to view these requirements as not applicable for purposes ofevaluating a redesignation request. See Wallv. EPA, 265 F.3d 426, 439 (6th Cir. 2001) upholding this interpretation.

For thereasons stated above, EPA believes the approval ofconformity rules into the State's SIP is not a prerequisite for redesignation and thus,

our inaction on NDEP's July 31, 1995 submittal is no obstacle to redesignation ofTruckee Meadows to attainment for the CO NAAQS. Federal transportation and general conformity rules will continue to applywith respect to CO emissions associated with transportation plans, programs, and projects as well as other Federallysupported or funded projects within Truckee Meadows. VehicleInspectionandMaintenance Program. Under section 187(a)(4), the CAA requires States with nioderate CO nonattainment areas to submit a SIP revision thatprovides for a newor amended vehicle I/Mprogram that
meets applicable Federal I/M requirements, including the "basic" I/M performance standard. As described in sectionVII ofthis document, we are proposing to approve the State's "basic" I/Mprogram for Truckee Meadows, and ifwe finalize this action as proposed, the vehicle I/Mrequirement for Truckee Meadows underCAA section 187(a)(4) will be fulfilled. OxygenatedGasolineProgram. Under section 211(m), the CAA requires States with CO nonattainment areas with design values of9.5 ppm or greater (based on 1988-1989 data) to submit a SIP revision that provides for an oxygenated gasoline program. As described in section VI ofthis document, we are proposing to approve theDistrict's wintertime oxygenated gasoline rule, and ifwe finalize this action as proposed, the fuel requirement under CAA section 211(m) will be fulfilled.

Conclusionwith respectto Section 110andPart DRequirements.Based on

our evaluation ofthe various SIP requirements and submittals discussed above, we conclude that upon our final approval ofthe SIP submittals evaluated in this action, the State will have met all 

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section 110 and part D requirements that apply to the Truckee Meadows moderate CO nonattainment area and thereby satisfied the criterion for redesignation under CAA section 107(d)(3)(E)(v).

E. TheAreaMustHaveaFully ApprovedMaintenancePlan Under CAA Section 175A

Section 107(d)(3)(E)(iv) ofthe CAA requires, as apre-condition tobeing redesignated to attainment, that EPA has fully approved a maintenance plan for the area as meeting the requirements of section 175A ofthe Act. Section 175A
sets forth the elements ofa maintenance plan for areas seeking redesignation fromnonattainment to attainment. We interpret this section ofthe Actto require, in general, the following core elements: Attainment inventory, maintenance demonstration, monitoring network, verification ofcontinued attainment, and contingency plan. See Calcagni memo 1992a.

The purpose ofa maintenance plan is.
to provide for the maintenance ofthe applicable NAAQS forat least 10 years after redesignation. Eight years after redesignation, the State must submit a revised maintenance plan which demonstrates continued maintenance of the applicable NAAQS for an additional 10years following the initial ten-year maintenance period. To address the possibility offuture NAAQS violations, the maintenance plan must contain contingency measures, with a schedule for implementation adequate to assure prompt correction ofany air quality problems. The RedesignationRequest and MaintenancePlan forthe Truckee Meadows Carbon MonoxideNonAttainmentArea(September 2005) ("Truckee Meadows CO Maintenance Plan"), which was prepared by the District AQMD and adopted bythe District Board ofHealth, addresses these

core elements, and our evaluation of these elements follows.

1.Attainment Inventory

The plan must contain an attainment
year emissions inventory to identify a level of emissions in the area which is sufficient to attain the CO NAAQS. This inventory is tobe consistent with EPA's
mostrecent guidance onemissions inventories fornonattainment areas available at the time and.should represent emissions during the time period associated with the monitoring data showing attainment. The inventory should also be based on actual "CO

season data" (i.e., wintertime) emissions for the attainment year.

The District's Truckee Meadows CO Maintenance Plan presents CO emissions estimates and projections for
years 2002, 2010, and 2016. We find year 2002 to be an acceptable year for thebaseline year because itrepresents a year in which the Truckee Meadows

was in attainment ofthe CO.NAAQS. See 70 FR 22803 (May 3, 2005). Based

on monitoring datacollected during 2002, the design value for CO in Truckee Meadows in the attainment
year was 4.4 ppm, eight-hour average, which is well below the NAAQS of9
ppm. The baseline (2002) inventory in the maintenance plan is not documented in detail in theTruckee Meadows CO Maintenance Plan itself but is so documented in a separate SIP submittal ofthe same date as the Truckee Meadows CO Maintenance Plan (November 4, 2005) ofthe 2002 CO periodic inventory update.

As shown in table 1below, the baseline inventory (2002) covers stationary area sources (including stationary source fuel combustion;
waste disposal, treatment, &recovery; residential wood combustion; and miscellaneous area sources (such as wildfires, structure fires, and prescribed burning)), nonroad mobile sources (including aircraft, nonroad gasoline and diesel vehicles, andrailroads), and on-road mobile sources (i.e., cars, trucks, andmotorcycles) andreflects activity profiles and temperatures characteristic ofthe CO season (i.e., Winter). On-road estimates were made based on EPA's MOBILE6 (high altitude) emission factors, vehicle I/M and antitampering programs, the oxygenated gasoline requirement, Regional Transportation Commission (RTC) transportation activity estimates (VMT, vehicle speeds, etc.), and demographic data provided by the planning departments for Washoe County, the City ofReno, and the City of Sparks. Nonroad mobile source emissions (not including aircraft or locomotives) were estimated using EPA's NONROAD emissions model. The baseline emissions estimates reflect thebasic control measures relied upon for attainment andmaintenance ofthe CO NAAQS in Truckee Meadows: The Federal Motor Vehicle Control Program, The District's oxygenated gasoline requirement, the State's vehicle I/M
program for motorvehicles, andthe District's residential wood combustion
program.

TABLE 1.-CARBON MONOXIDE EMISSIONS INVENTORY, TRUCKEE MEADOWS, 2002, 2010, AND 2016 [Pounds per typical CO season day] t

Source 2002 2010 2016

Stationary Source Fuel Combustion

................................................................................... 2,920 3,321 3,619 Waste Disposal, Treatment & Recovery

..................................................................................... 18 20 22 Residential Wood Combustion

.................................................................................................... 31,918 35,344 35,344 Miscellaneous Area Sources

...... ................................................................................................ 613 697 760 Aircraft

.......................................................................................................................................... 4,175 4,748 5,175 Nonroad GasolineVehicles

......................................................................................................... 68,578 68,712 77,226 Nonroad Diesel Vehicles

............................................................................................................. 1,645 1,834 1,873 Railroads

...................................................................................................................................... 155 176 .192 On-road Vehicles (without safety margin)

.................................................................................. 335,508 263,938 236,754

Subtotal (excluding safety margins)

.............................. ;

...................................................... 445,530 378,790 360,965

Safety Margin (assignedto on-road vehicles)

............................................................................. N/A 66,740 84,565

Total (including safety margin)

............................... t

...................................................... 445,530 445,530 445,530

Source: District AQMD, Truckee Meadows CO Maintenance Plan, pages 20 and 21.

The baseline inventory estimates that on-road motor vehicles accounted for approximately 75%, residential wood combustion accounted for approximately 7%, and nonroad mobile

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aircraft) accounted for approximately 17% ofthe daily (wintertime)CO emissions within Truckee Meadows in 2002.

The methodologies used bythe District AQMD toprepare the baseline (2002) CO inventory, as described inthe appendices to-the 2002 CO periodic inventory update SIP submittal (dated November 4, 2005), are acceptable, and

we find the baseline CO inventory for Truckee Meadows tobe reasonably comprehensive and accurate.
2. Maintenance Demonstration

A State may generally demonstrate maintenance ofthe NAAQS by either showing that future emissions ofa .pollutant or its precursors will not exceed the level ofthe attainment inventory, orby modeling to show that the future mix ofsources and emissions
rates will not cause a violation ofthe NAAQS. In either case, to satisfy the demonstration requirement, the State should project emissions for at least 10 years beyond redesignation.

Table 1,above, summarizes the baseline (2002) CO emissions estimates and future year (2010 and 2016) projections from the Truckee Meadows CO Maintenance Plan. The Truckee Meadows CO Maintenance Plan projects future year inventories (2010 and 2016) by adjustingthe 2002 baseline inventory
to account for changes in population, vehicle miles traveled (VMT), and the underlying composite emissions factors for such sources as motor vehicles and nonroad mobile sources (using such emissions models as MOBILE6 and NONROAD, consistent with the baseline (2002) inventory). The population projections used in developing the future year emissions projections are consistent with those thatwere adopted by the Truckee Meadows Regional Planning Commission for use in developing the Truckee Meadows Regional Plan. The vehicle activity assumptions used for the emissions projections are consistent with those developed and used by the local Metropolitan Planning Organization (MPO), the Regional Transportation Commission ofWashoe County.

The projections for 2010 and 2016 reflect the control measure§ relied upon for attainment and maintenance of the CO NAAQS in Truckee Meadows, including theFederal Motor Vehicle Control Program, theDistrict's oxygenated gasoline program, the State's vehicle I/M program, and the District's residential woodburning combustion
program.

Based onthe inventory estimates, CO emissions in Truckee Meadows are expected to decrease significantly between 2002 and 2016, despite a projected 24% increase in population and 38% increase in VMT over that period, primarily dueto decreases from the on-road motor vehicle category associated with increasingly stringent EPA exhaust standards for new cars and trucks and the gradual turnover from older more polluting, to newer cleaner burning, vehicles. The DistrictAQMD has also established safety margins for
years 2010 and 2016 and assigned the safety margins to the on-road motor vehicle source category. Based on our review ofthe emissions projections, we find that the methods used tomake the future yearprojections are acceptable.

Assuming redesignation ofTruckee Meadows for CO early in 2008, the plan does not quite project emissions for 10 years beyond redesignation, but given how close the out-year in the maintenance plan (2016) is to a 10-year horizon year (2018), the low design value.(4.4 ppm) ofTruckee Meadows in the attainment year (2002), the flat trend inCO emissions documented by the maintenance plan (even assuming use of the safety margin), and the expected continuation of all ofthe measures that brought the area to attainment, we find that the plan adequately demonstrates maintenance ofthe CO NAAQS for the initial maintenance period (i.e., first 10
years after redesignation).

3. Monitoring Network

Continued ambient monitoring of an

area is required over the maintenance period. In the Truckee Meadows CO Maintenance Plan (see page 22 ofthe plan), the District AQMD indicates its intention to continue to operate an air quality monitoring network consistent with 40 CFRpart 58 to verify the attainment status. The Truckee Meadows CO Maintenance Plan also
states that, in addition, Washoe County's CO monitoring network willbe reviewed annually pursuant to 40 CFR 58.20(d) to ensure thenetwork meets themonitoring objectives defined in 40 CFR part 58, appendix D.

4. Verification ofContinued Attainment.

The DistrictAQMD and NDEPhave the legal authority toimplement and enforce the requirements ofthe Truckee Meadows CO Maintenance Plan. This includes the authority to adopt, implement and enforce any emission control contingency measures determined tobe necessary to correct CO NAAQS violations. As noted above,
to implement the Truckee Meadows CO Maintenance Plan, the District AQMD will continue to monitor CO levels in Truckee Meadows. To track progress on the plan, the District AQMD has also committed to continue preparing (and submitting to EPA) CO emission inventory updates on a triennial schedule (see page 23 ofthe Truckee Meadows CO Maintenance Plan). The District AQMD also intends to continue residential wood combustion surveys on

a triennial basis tomonitor changes in the types and number ofwoodburning devices operating, and the amount of wood beingburned, inTruckee Meadows and thereby maintain up-todate information on this important CO

source category.

5: Contingency Plan

Section 175A(d) ofthe Actrequires that maintenance plans include contingency provisions, as necessary, to promptly correct any violations ofthe NAAQS that occur afterredesignation of the area. Under section 175A(d), contingency measures identified in the contingency plan do not have tobe fully adopted at thetime ofredesignation. However, the contingency planis considered tobe an enforceable part of the SIP and should ensure that the contingency measures are adopted expeditiously once they are triggered by

a specified event. The maintenance plan should clearly identify the measures to be adopted, a schedule and procedure -for adoption and implementation, and a

specific timeline for actionby the State. As a necessary partofthe plan, the State should also identify specific indicators

ortriggers, which will be usedto determine when the contingency

measures need to be implemented.

The Truckee Meadows CO Maintenance Plan includes a contingency plan consisting oftwo tiers. As background to the firsttier, we note that, underthe District's emergency episode plan, now codified asDistrict rule 050.001, an exceedance ofthe 8-. hour CO NAAQS (i.e. avalue exceeding 9 ppm (eight-hour average), which

means an actual recording of9.5 ppm or greater due to rounding conventions) at any ofthe monitors located in the Truckee Meadows area triggers a Stage 1 (Alert)Episode. Stage 1 (Alert) Episode actions include cessation of openburning and use ofincinerators that are subject to District AQMD operating permits, and arequest to the public to curtail unnecessary motor vehicle use through the District's public outreach program. Under certain conditions, Stage 1 (Alert) Episode actions may also include the suspension ofthe burning ofany solid fuel in commercial orresidential stoves and/or fireplaces unless such fuels supply the only heat available to the person burning it. We approved the current version ofthe District's emergency 

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episode plan onJune 18, 2007 (72 FR 33397).

Under tier 1 ofthe contingency plan, the District would initiate a rulemaking
process toredefine the CO stage 1 (alert) episode level from 9 ppm to 9.0 ppm. This willhave the effect oftriggering the actions cited above at pre-exceedance levels due to the convention ofrounding all values from 9.1 ppm through 9.4
ppm down to 9 ppm. In other words, under tier 1, the Stage 1 (Alert)Episode criteria level for CO will be reduced, as

a practical matter, from 9.5ppm to 9.0
ppm. The plan indicates thatthe District will adopt and implement this regulatory change beforethe next CO

season following the triggering event.

Tier 2 willbe triggered by a violation ofthe CO NAAQS (i.e., a second nonoverlapping exceedance ofthe 8-hbur CO NAAQS in the same calendar year from any National Ambient Monitoring Station (NAMS), State and Local Monitoring Stations (SLAMS), or Special Purpose Monitoring (SPM) site operated within Washoe County). If triggered, under tier 2 ofthe contingency plan, the DistrictAQMD will bring to the District Board ofHealth (within45 days ofthe tier 2 triggering event) a recommendation for regulatory action, including a timeline for adoption and implementation. The contingency plan contains the current list of potential CO contingency measures, including an increase in the oxygen content requirement underthe District's wintertime oxygenated gasoline rule, and a request to the State Environmental Commissionto revise certain provisions ofthe vehicle I/M program to achieve additional CO emissions reductions in Truckee Meadows. The District AQMD intendsto update this listofpotential

measures on a triennial basis.

EPA findsthat the'contingency plan provided in themaintenance plan is adequate to ensure prompt correction of aviolation andthereby complies with section 175A(d) ofthe Act.

6. Subsequent Maintenance Plan Revisions
Section 175A(b) ofthe CAA requires Statesto submit a subsequent maintenance planrevision eight years afterthe original redesignation request andmaintenance plan havebeen approvedby EPA. The subsequent revision is to provide for maintenance of the air quality standard for an additional 10 years following the initial ten-year maintenance period. Through adoption oftheTruckee Meadows CO Maintenance Plan;the District has committed (seepage 16 ofthe Truckee Meadows CO Maintenance Plan) to prepare, adopt and submit arevised CO maintenance planeight years after redesignation to attainment.

7. Motor Vehicle Emissions Budgets

A maintenance plan must contain
motor vehicle emissions budgets (MVEBs) that, in conjunction with all other sources, are consistent with maintenance ofthe applicable NAAQS. In this case, an MVEB represents the total allowable CO emissions allocated
tohighway and transit vehicle use during the maintenance period. The rules andrequirements governing transportation conformity (codified at 40 CFR part 93, subpartA) require certain transportation activities tobe consistent with the MVEBs contained in control strategy ormaintenance SIPs (40 CFR 93.118). The projected emissions resulting from the transportation activities must be less than orequal to the emissions budget levels (40 CFR 93.118(a)).

TheMVEBs foryears 2010 and 2016 that are contained in the Truckee Meadows CO Maintenance Plan were • developed using emission factors generated using EPA's MOBILE6 model but also include a safety margin equal
tothe difference between the projected level ofoverall CO emissions inTruckee Meadows in those years and the actual CO emissions that were estimated for the baseline year (2002). Safety margins

are allowed under our transportation conformity rule so long as such margins

are explicitly quantified in the applicable plan and are shown tobe consistent with attainment or maintenance ofthe NAAQS (whichever isrelevant to the particular plan). See 40 CFR 93.124(a). In this instance, the safety margin has been explicitly quantified and shown tobe consistent with continued maintenance ofthe CO NAAQS inTruckee Meadows through the applicable maintenance period. See section IX.E.2 ofthis document.

We foundthe MVEBs inthe Truckee Meadows CO Maintenance Plan adequate in a letter to Leo M. Drozdo.ff, P.E., Administrator, NDEP, dated February 14, 2006. See 71 FR 13386 (March 15, 2006). The adequacy finding

on themaintenance planbudgets was effective as ofMarch 30, 2006.

Our adequacy finding is a preliminary determination that MVEBs are consistent with thepurposes ofthe submitted plan (inthis case, a maintenance plan) and does not constitute an approval action, andin today's action, EPA is taking the next step by proposing to approve the MVEBs in theTruckee Meadows CO Maintenance Plan fortransportation conformity purposes. EPA believes that the MVEBs are consistent with the control measures identified in the SIP, and that the SIP as a whole demonstrates maintenance with the CO NAAAQS. The 2010 and 2016 motor vehicle emissions budgets included in the Truckee Meadows Truckee Meadows CO Maintenance Plan are shown in Table 2 below.

TABLE 2.-ON-ROAD MOTOR VEHICLE CARBON MONOXIDE EMISSIONS BUDGETS, TRUCKEE MEADOWS, 2010 AND 2016 [Pounds per typical CO season day]

2010

330,678 On-Road Motor Vehicle Emissions Budgets 2016

321,319

8. Conclusion

Based on thereview presented above ofthe various elements ofthe submitted plan, we propose to approve the Truckee Meadows CO Maintenance Plan

as a revision to the Truckee Meadows portion ofthe Nevada SIP. In so doing,

we find that the Truckee Meadows CO Maintenance Plan, adopted on September 22, 2005 by the Washoe County District Board ofHealth and submitted by NDEP to EPA on November 4, 2005, satisfies the requirements ofsection 175A ofthe Act. Our final approval ofthe Truckee Meadows CO Maintenance Plan would satisfy the criterion forredesignation under CAA section 107(d)(3)(E)(iv). X. Proposed Action and Request for Comment

For thereasons given above, we are proposing to approve, under section 110(k)(3) and part D (oftitle I) ofthe Act, certain submittals byNDEP of revisions t6 theNevada SIP that are required to provide for attainment ofthe CO NAAQS in theTruckee Meadows "moderate" CO nonattainment area, to 

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approve a maintenance planunder section 110(k)(3) and 175A ofthe Act, and to approve, under section 107(d)(3) ofthe Act,NDEP's request to redesignate Truckee Meadows to attainment forthe CO NAAQS.

First, we are proposing to approve the local oxygenated gasoline regulation (Rule040.095 ofthe Washoe County District Board ofHealth Regulations Governing Air Quality Management, as amended on September 22, 2005) as fulfilling therequirements of section 211(m) ofthe CAA.

Second, we areproposing to approve the State ofNevada's SIP revisions containing the "basic" vehicle I/M program forTruckee Meadows because

we find that the program meets all applicable requirements -underCAA section 187(a)(4) and EPA regulations. Specifically, we areproposing to approve three I/M-related SIP revisions submitted by NDEP:

(i) StateImplementationPlan fora BasicProgram fortheInspectionand Maintenanceof Motor Vehicles forthe TruckeeMeadowsPlanning Area, Nevada (June 1994), submitted onJune 3, 1994; we are excludingthe following outdated or superseded elements included inthe June 3, 1994 SIP revision: the statutory provisions and rules, the exhaust gas analyzer specifications, and a contingency

measure adopted bythe Washoe County District Board ofHealth; (ii)Basic I/MPerformance Standard Evaluation for motor vehicles inthe TruckMeadows planning area, submitted on November 2, 2006; and

(iii) CurrentNevada I/M statutory provisions and rules andupdated exhaust gas analyzer (NV2000) specifications, submitted by NDEP on May 11, 2007. Thesubmitted Nevada I/Mstatutory provisions andregulations that are proposed for approval are as follows:

e Nevada Revised Statutes (2005), chapter 365: section 365.060; chapter 366, section 366.060; chapter 445B, sections 445B.210, 445B.700-845 (excluding NRS 445B.776, 445B.777, and 445B.778); chapter 481, sections 481.019-481.087; chapter 482, sections 482.029, 482.155-482.290, 482.385, 482.461, and 482.565; and chapter 484, sections 484.101, 484.644 and 484.6441;

* Nevada Administrative Code, chapter 445B (January 2007 revision by theLegislative Counsel Bureau), sections 445B.400 to 445B.735, excluding subsection (2) ofsection 445B.595.

The May 11, 2007 SIP revision submittal is a comprehensive update of the statutory and regulatory portion of Nevada's mobile source SIP (excluding the rules establishing fuels specifications, alternative fuels
programs forgovernment vehicles, and any local rules related to mobile sources) and is an update ofthe exhaust gas analyzer specifications as approved in 2004 for the State's I/M program in Las Vegas andBoulder City.

In connection with the approval ofthe State's I/M program, we are taking no action on submitted rule NAC 445B.595(2), which extendsthe State's I/Mrequirements to motor vehicles operated on Federal iAstallations located within I/M areas because the Federal government has not waived sovereign immunity inthe context of vehicle I/M programs. Furthermore, we

are proposing, under CAA section 110(k)(6), to rescind our previous, and
erroneous, approval ofNAC 445B.595(2) into the Nevada SIP in 2004, also onthe grounds ofsovereign immunity.

Third, under section 107(d)(3), we are proposing to approve NDEP'srequest (dated November 4, 2005) to redesignate the Truckee Meadows CO nonattainment area to attainment. Inso doing, we find that:

e The Truckee Meadows nonattainment area has attained the CO NAAQS;

* EPA has fully approved the applicable SIP for this area under section 110(k) ofthe CAA;

* The improvement in ambient CO conditions in Truckee Meadows is due
topermanent and enforceable reductions in emissions resulting from implementation ofthe applicable SIP and applicable Federal airpollutant control regulations and other permanent and enforceable reductions;

* The State has met allrequirements applicable to Truckee Meadows under section 110 and part D (oftitle I)ofthe CAA; 15 and

* The State has submitted a maintenance plan, the Re'designation Request andMaintenancePlan forthe TruckeeMeadows CarbonMonoxide Non-AttainmentArea (September 2005) ("Truckee Meadows CO Maintenance Plan"), adopted bytheWashoe County District Board ofHealth on September 22, 2005, and submitted byNDEP to EPA on November 4, 2005, for which we

are proposing approval as a revision to the Truckee Meadows portion ofthe Nevada SIP.

15With respect to this criterion, we will not finalize this proposed redesignation until we have finalized proposed approvals ofthe District's wintertime oxygenated gasoline rule and the State's basicI/M program, both ofwhich are addressed herein. Also, we find that we need not fully
approve either the District's nonattainment new

source reviewrules or conformity rules as a precondition to redesignation ofTruckee Meadows to attainment forthe CO NAAQS. In connection with theTruckee Meadows COMaintenance Plan, we find the following plan elements tobe acceptable:

* Baseline (2002) emissions inventory and future year (2010 and 2016) inventory projections;

.

* Commitment to continue operating

an appropriate ambient CO monitoring network;

* Commitment to verify continued attainment through ambient monitoring and the preparation and submittal of periodic inventory updates and surveys ofresidential woodburning;

* Contingency provisions under CAA section 175A(d), specifically, the adopted two-tier approach with specific triggering events and regulatory responses: the first involving a lowering ofthe stage 1 (alert) episode level (tier 1)by the next CO-season and the second involving a recommendation and timetable for actionby theWashoe County District Board ofHealth or the State Environmental Commission to tighten certain requirements, potentially including a higher wintertime gasoline oxygen content or higher waiver
amounts in the State's vehicle I/M program, to promptly correct any violation ofthe CO NAAQS after redesignation;

* Commitment to prepare and submit

a subsequent CO maintenance plan for the Truckee Meadows area.eight years afterredesignation; and

&CO motor vehicle emissions budgets (interms ofpounds per typical CO season day) of 330,678 pounds per typical CO season day in year 2010 and 321,319 pounds per typical CO season day in year 2016.

We are soliciting comments on all aspects ofthis proposed SIP and redesignation rulemaking action. We will consider your comments in deciding our final action ifyour comments-arereceived by February6, 2008.
XI. 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 review bythe Office ofManagement and Budget. Forthis reason, this proposed action is also not subject to Executive Order 13211, "Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, orUse" (66 FR 28355, May 22, 2001). This proposed action merely proposes to approve state plan revisions as mbeting Federal requirements andredesignate an area to attainment for air quality planning purposes and imposes no additional requirements beyond those imposed by 

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state law.Accordingly, the Administrator certifies that this proposed rule willnot have a significant economic impact on a substantial number ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this rule proposes to approve pre-existing requirements under state law and does notimpose
any additional enforceable dutybeyond that required by state law, it doesnot contain any unfunded mandate or significantly or uniquely affect small governments, as described inthe Unfunded Mandates Reform Actof 1995 (Pub.L. 104-4).

This proposed rule also does not have tribal implications because it will not have asubstantial directeffect on one or

more Indian tribes, on the relationship between the Federal Government and Indian tribes, or onthe 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 proposed action also does not have Federalism implications because it does
not have substantial direct effects on the States, on the relationship between the national government and the States, or

on the distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). This action merely proposes to approve state plan revisions implementing a Federal standard and to redesignate an area to attainment for air quality planning purposes and does not alter the relationship or the distribution ofpower andresponsibilities established inthe Clean Air Act. This 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 as defined in Executive Order 12866, and because the Agency does not have reason tobelieve the environmental health or safety risks addressed by this rule present a disproportionate risk to children.

In reviewing SIP submissions and redesignation requests, EPA's role is to approve state choices, provided that they meet the criteria ofthe Clean Air Act. Inthis context, in the absence ofa prior existing requirement for the State
to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission or redesignation request for failure to use VCS. It would thus be inconsistent with applicable law fokEPA, when itreviews

a SIP submission orredesignation request, touse VCS in place ofa SIP submission that otherwise satisfies the provisions ofthe Clean AirAct. 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 underthe provisions ofthe Paperwork Reduction Act of 1995 * (44 U.S.C. 3501, etseq.).

List ofSubjects

40 CFRPart 52
Environmental protection, Air pollutioncontrol, Carbon monoxide, Intergovernmental relations, Reporting andrecordkeeping requirements.

40 CFRPart81

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

Authority:42 U.S.C. 7401, et seq. Dated:December 26, 2007. JaieDiamond, ActingRegional Administrator, Region

### IX. [FR Doc. E7-25636 Filed 1-4-08; 8:45 am]

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMISSION

47CFR Part 76

[MB Docket No. 07-51; FCC 07-1891

Exclusive Service Contracts for ProvisionofVideo Services in Multiple Dwelling Unitsand Other Real Estate Developments

AGENCY: Federal Communications Commission. ACTION: Proposed rule.

SUMMARY: The Further Notice of Proposed Rulemaking("Notice")solicits
comment on whether providers ofDirect Broadcast Satellite ("DBS") service and Private Cable Operators ("PCOs") should be allowed to have exclusive

access to so-called Multiple Dwelling Units ("MDUs," such as apartment and condominium buildings). Also,the Notice considers prohibiting all providers ofvideo programming service from using exclusive marketing arrangements (which allow one MVPD
tobe thepreferred video provider in an MDU) andbulk billing arrangements (whichrequire MDU dwellers.to pay for

a video provider intheir rental or condominium fees). The intended effect oftheNotice is to determine whether each ofthese practicesbenefits or harms video consumers in MDUs on the whole. DATES: Comments for this proceeding

are due on orbefore February 6, 2008; reply comments are due on orbefore March 7, 2008.

ADDRESSES: You may submit comments, identified byMB Docket No. 07-51, by
any ofthe following methods:

* FederaleRulemakingPortal: http:// www.regulations.gov.Follow the instructions for submitting comments.

* FederalCommunications Commission'sWeb Site:http:// www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting domments.

o People With Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by e-mail: FCC504@fcc.gov

orphone: 202-418-0530 or TTY: 202- 418-0432.

For detailed instructions for submitting comments and additional information on therulemaking process,

see the SUPPLEMENTARY INFORMATION section ofthis document

FOR FURTHER INFORMATION CONTACT: For additional information on this proceeding, please contact John W. Berresford, (202) 418-1886, or Holly Saurer, (202) 418-7283, both ofthe Policy Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a summary ofthe Federal Communications Commission's Further Notice ofProposed Rulemaking in MB Docket No. 07-51, FCC 07-189, adopted October 31, 2007, and released November 13, 2007. The full text ofthis document is available for public inspection and copying during regular business hours in the FCC Reference Center, Federal Communications Commission, 445 12th.Street, SW., CYA257, Washington, DC 20554. These documents will alsobe available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/

or Adobe Acrobat.) The complete text may be purchased from the Commission's copy contractor, 445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail
tofcc504@fcc.gov or call the Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). 

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