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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

the Act. In this context, in the absence

of a 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 would thus be

inconsistent with applicable law for

EPA, when it reviews a SIP submission,

to use VCS in place of a SIP submission

that otherwise satisfies the provisions of

the Act. Redesignation is an action that

affects the status of a geographical area

and. does not impose any new

requirements on sources. Thus, the

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) do not apply. As required by

section 3. of Executive 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

the rule in accordance with the

"Attorney General's Supplemental

Guidelines for the Evaluation of Risk

and Avoidance of Unanticipated

Takings" issued under the executive

order.

This rule, proposing to approve the

redesignation of the 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 of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501, et seq.).

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Nitrogen oxides, -

Ozone, Reporting and recordkeeping

requirements, Volatile organic

compounds.

40 CFR Part 81

Air pollution control, Natiqnal parks,

Wilderness areas.

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

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 of Truckee Meadows to

Attainment for the Carbon Monoxide

Standard

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

certain submittals by the State of

Nevada of revisions to the Nevada state

implementation plan that are intended

to provide for attainment and

maintenance of the carbon monoxide

national ambient air quality standard in

the Truckee Meadows nonattainment

area located within Washoe County,

Nevada. These revisions include a local

wintertime oxygenated gasoline rule, a

"basic" vehicle inspection and

maintenance program (including a

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 error related to inspection and

maintenance of vehicles operated on

Federal installations. EPA proposes

these actions pursuant to those

provisions of the-Clean Air Act that

obligate the Agency to take action on

submittals of revisions to state

implementation plans and requests for

redesignation. This proposed action is

intended to make certain State and local measures and commitments related to

attainment and maintenance of the

carbon monoxide standard in Truckee

Meadows federally enforceable as part

of the Nevada state implementation

plan.

DATE: Any comments on this proposal

must arrive by February 6, 2008.

ADDRESSES: Submit comments,

identified by docket number EPA-R09-

OAR-2007-0561, by one of the

following methods:

1. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the

on-line instructions for submitting

comments.

2. E-mail: kaplan.eleano@epa.gov.

3. Mail or deliver: 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 ID No. EPA-R09-OAR-2007-

0561. EPA's policy is that all comments

received will be included in the public

docket without change and may be

made available online at http://

www.regulations.gov, including any

personal information provided, unless

the comment includes information

claimed to be Confidential Business

Information (CBI) or other information

whose disclosure is restricted by statute.

Do not submit information that you

consider to be CBI or otherwise

protected through http://

www.regulations.gov or e-mail. The

http://www.regulations.gov Web site is

an "anonymous access" system, which

means that EPA will not know your

identity or contact information unless

you provide it in the body of your

comment. If you 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 of the comment

that is placed in the public docket and

made available on the Internet. If you

submit an electronic comment, EPA

recommends that you include your

name and other contact information in

the body of the comment and with any

disk or CD-ROM you submit. If EPA

cannot read your comment due to

technical difficulties and cannot contact

you for clarification, EPA may not be

able to consider your comment.

Electronic files should avoid the use 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.gov index. Although

listed in the index, some information is

not publicly available, e.g., CBI or other

information whose disclosure is

restricted by statute. Certain other

information, such as copyrighted

material, will be publicly available only

in hard copy form. Publicly available

docket materials are available either

electronically in http://

www.regulations.gov or in hard copy at

the Office of Air Planning,

Environmental Protection Agency

(EPA), Region IX, 75 Hawthorne Street,

San Francisco, California. To inspect the

hard copy materials, please schedule an

appointment during normal business

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section.

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11 7A 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 of Contents

I. Summary of Today'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 of these

SIP Revisions

VI. Washoe County's Wintertinfe Oxygenated

Fuel Requirements

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 of the State's Redesignation

Request for Truckee Meadows

A. The Area Must Have Attained the

Applicable NAAQS.

B. The Area Must Have a Fully Approved

SIP Under Section 110(k) of the 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 Plan Revisions

7. Motor Vehicle Emissions Budgets

8. Conclusion

X. Proposed Action and Request for

Comment

XI. Administrative Requirements

I. Summary of Today's Proposed Action

Under section 110(k)(3) of the Clean

Air Act, as amended in 1990 (CAA or

"Act"), EPA is proposing to approve

certain submittals of revisions to the

Nevada state implementation plan (SIP)

by the Nevada Division of

Environmental Protection (NDEP).

These revisions are intended to provide

for attainment and maintenance of the

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 of the

wintertime oxygenated gasoline rule as

amended on September 22, 2005 by the

Washoe County District Board of Health

("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 of the State

Implementation Plan for a Basic

Program for the Inspection and

Maintenance of Motor Vehicles for the

Truckee Meadows Planning 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/M Performance Standard

Evaluation") submitted on November 2,

2006 and the Nevada Mobile Source

SIP, Update of the Regulatory Element

(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

1 The statutory provisions and rules submitted by

NDEP on May 11, 2007 represent a comprehensive,

update to the'regulatory portion of the State's

mobile source SIP (excluding the rules establishing

fuels specifications, alternative fuels programs for

government vehicles, and local rules related to

mobile sources), including the regulatory portion of

the State's Truckee Meadows l/M SIP, which was

last approved in 1984 (49 FR 44208, November 5,

1984), and the regulatory portion of the State's Las

Vegas Valley I/M SIP, which was last approved in

2004 (69 FR 56351, September 21, 2004). The

current submitted versions of the IIM-related

statutory provisions and rules are not significantly

different than the corresponding versions of the

statutory provisions and rules approved in 2004 for

the State's Las Vegas t/M program, and are

consistent with the underlying assumptions used to

develop the Las Vegas Valley 2005 CO Plan, which

was approved by EPA on August 7, 2006 (71 FR

44587).

so doing, we find that the above

submittals fulfill the applicable

requirements under section 110 and part

D (of title 1) of the Act.

In connection with our proposed

approval of the State's Basic I/M SIP, as

supplemented and amended in

submittals dated November 2, 2006 and

May 11, 2007, we are taking 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 in the context of vehicle I/M

programs. Furthermore, we are

proposing, under CAA section 110(k)(6),

to rescind our previous, and erroneous,

approval of NAC 445B.595(2) into the

Nevada SIP in 2004, also on the grounds

of sovereign immunity.

Lastly, we are proposing to approve

NDEP's SIP revision submittal (dated

November 4, 2005) of the Redesignation

11TR Vp.deral Reeister/Vol. 73, No. 4/Monday, January 7, 2008/Proposed Rules

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

Request and Maintenance Plan for the

Truckee Meadows Carbon Monoxide

Non-Attainment Area -(September 2005)

("Truckee Meadows CO Maintenance

Plan"), adopted by the District on

September 22, 2005, and to approve

NDEP's request for redesignation of the

Truckee Meadows CO nonattainment

area to attainment. In connection with

our proposed approval of the 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 for the purposes of

transportation conformity. In so doing,

we find that the Truckee Meadows CO

Maintenance Plan meets the

requirements for maintenance plans

under section 175A of the Act. In

connection with our proposed approval

of NDEP's redesignation request, we

find that the State has fulfilled the

criteria for redesignation of the Truckee

Meadows CO nonattainment area from

nonattainment to attainment as set forth

in section 107(d)(3)(E).2

II. Nature, Sources, and Health Effects

of Carbon Monoxide

Carbon monoxide (CO] is a colorless

and odorless gas, formed when carbon

in fuel is not burned completely. It is a

component of motor 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 of CO generally

occur in areas with heavy traffic

congestion. Peak CO concentrations

typically occur during the colder

months of the year when CO automotive

emissions are greater and nighttime

inversion conditions (where air

pollutants are trapped near the ground

beneath a layer of warm 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 of CO

2The Truckee Meadows CO Maintenance Plan

relies upon three principal State or local 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 to approve the first and second of the

three measures in this document. We approved the

third measure (the residential wood combustion

rule) in a separate document earlier this year. See

72 FR 33397 (June 18, 2007). We will not finalize

the proposed approval of the 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 the County's nonattainment

new source review rules or the County's

transportation conformity rules as a pre-condition

to redesignation of Truckee Meadows to attainment

for the CO NAAQS.

sometimes found in the ambient air is

most serious for those who suffer from

cardiovascular disease, such as angina

pectoris. At much higher levels of

exposure not commonly found in

ambient air, CO can be poisonous, and

even healthy individuals may be

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 CO levels.

Ill. Introduction to Truckee Meadows,

Washoe County, Nevada

Truckee Meadows lies in the far

southern portion of Washoe County.

Washoe County lies in the northwestern

portion of the State of Nevada and is

bordered by the State of California to the

west and the State of Oregon to the

north. Within the State of Nevada, the

counties of Humboldt, Pershing,

Churchill, Lyon, and Storey and the city

of Carson City bound Washoe County to

the east and south. Located at an

average elevation of 4,500 feet above sea

level, Truckee Meadows lies in the rain

shadow of the Sierra Nevada mountain

range located to the west. The

boundaries of Truckee 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 of cold air is trapped in

the valley. Warmer air above the

inversion acts as a lid, containing and

concentrating air pollutants 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 of 160 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 of the District, which

administers air quality programs in

Washoe County through the District

Health Department's Air Quality'

Management Division ("District

AQMD"). The State Environmental

Commission and the Nevada

Department of Motor Vehicles are

responsible for the motor vehicle I/M

program in Truckee Meadows.

IV. History of Carbon Monoxide

Planning in Truckee Meadows

On April 30, 1971 (36 FR 8186),

pursuant to section 109 of the Clean Air

Act, as amended in 1970, EPA

promulgated.NAAQS for six criteria

pollutants, including CO. EPA set the

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 of the Clean Air

Amendments of 1970, States were

required to adopt and submit plans that

provide for implementation,

maintenance, and enforcement of the

NAAQS. These original plans, generally

submitted and approved in the early

1970's, are referred to as state

implementation plans (SIPs).

Incremental changes to SIPs that a State

submits, such as new or amended rules,

attainment plans, and maintenance

plans, are referred to as "SIP revisions."

Generally, SIPs were to provide for

attainment of the NAAQS within three

years of EPA approval of the plan.

However, many parts of the country did

not attain the NAAQS 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) of the Act as

amended in 1977, EPA promulgated

attainment status designations for all

States. EPA designated Truckee

Meadows (with boundaries defined by

reference to State hydrographic area

#87) as a nonattainment area for the 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 of the elements of the

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 by the 1982 attainment

deadline, and thus, the District revised

the CO attainment plan and requested

an extension in the attainment date to

1987. In 1984, we approved parts of the

revised CO attainment plan but deferred

action on certain other parts based on

our conclusion that the emissions

reduction credit taken in the revised CO

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plan for one of the 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 of the country,

Truckee Meadows did not attain the CO

NAAQS by the 1987 attainment date

and remained nonattainment at the time

of the 1990 Clean Air Act Amendments.

Under section 107(d)(1)(C) of the 1990

Amended Act, the CO nonattainment

designation in Truckee Meadows was brought forward by operation of law.

Based on a design value of 9.8 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 later than) December 31; 1995.

See 56 FR 56694, at 56798 (November

6, 1991) and CAA section 186(a)(1). A

review of the data collected in 1994 and

1995 provided EPA with the basis to

determine that Truckee Meadows in fact

attained the CO NAAQS by the 1995

attainment date. See 70 FR 22803 (May

3, 2005).

In addition to extending the deadline

for attainment of the CO NAAQS, the

Act, as amended in 1990, also

established new requirements for CO

nonattainment areas that vary

depending upon the severity of the

problem. The additional requirements

for "moderate" CO nonattainment areas

are set forth in sections 172, 176, 187,

and 211 of the Act, and include such

elements as updated and periodic

emission inventories, upgraded vehicle

I/M programs, 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/M program, and NDEP

submitted the plans, rules and revised

vehicle I/M program to EPA as revisions

to the Truckee Meadows portion of the

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/M program. 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) of the Act allows

a State to request redesignation of an 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 a revision to the

Nevada SIP. The purpose of the Truckee

Meadows CO Maintenance Plan is to

provide for maintenance of the CO

NAAQS in the Truckee Meadows area

for ten years following redesignation. In

this action, we are proposing to approve

the Truckee Meadows CO Maintenance

Plan and proposing to approve the

request for redesignation of Truckee

Meadows from nonattainment to

attainment for the CO NAAQS.

V. Nevada's Procedures for Adoption of

These SIP Revisions

Section 110(1) of the Act requires

States to provide reasonable notice and

public hearing prior to adoption of SIP

revisions. In this action, we are

proposing to approve the following SIP

revisions: the wintertime oxygenated

gasoline rule (District rule 040.095),.

submitted on November 4, 2005; the

Basic I/M SIP submitted on June 3,

1994, the Basic I/M Performance

Standard Evaluation submitted on

November 2, 2006, and current I/Mrelated statutory provisions and

r'egulations and updated exhaust gas

analyzer specifications submitted on

May 11, 2007; and the Truckee

Meadows CO Maintenance Plan

submitted on November 4, 2005.

Each of the SIP revision submittals

cited above contains evidence that

reasonable notice of a public hearing was provided to the public (via

newspaper advertisement) and that a

public hearing was conducted prior to

adoption by the District. 3 Following

adoption, the District forwarded these

SIP revisions to NDEP, the Governor of

Nevada's designee for submitting SIP

revisions and redesignation requests to

'EPA, and NDEP then submitted the SIP

revisions to EPA for approval. We find

that each of the SIP revisions cited

above satisfies the procedural

requirements of section 110(1) of the Act

for revising SIPs.

VI. Washoe County's Wintertime

Oxygenated Fuel Requirements

Under section 211(m) of the Act, as

amended in 1990, States with CO

nonattainment areas with design values

of 9.5 ppm or greater (eight-hour

average) are required to submit an

oxygenated gasoline program as a SIP

revision. The design value for Truckee

Meadows based on data collected

during 1988-1989 (and recorded in

EPA's Air Quality System database) was

3 In the case of the Basic 1/M SIP and the May

11, 2007 SIP submittal of current I/M statutory

provisions and regulations, NDEP provided

evidence of reasonable notice and public hearing

for the various'recent amendments to the I/M

regulations. The submittal of the current I/M-related

statutory provisions and regulations supersede the

corresponding provisions and regulations submitted

in 1994 as part of the Basic /M SIP.

9.8 ppm, eight-hour average, and thus,

the State of Nevada is required to

submit an oxygenated gasoline program

for the Truckee Meadows area as a SIP

revision.

Section 211(m) of the 1990 Amended

Act also specifies the minimum

geographic extent for such an

oxygenated gasoline program (larger of

the Consolidated Metropolitan

Statistical Area (CMSA) or MSA if the

area is not in a CMSA), the minimum

oxygen content (2.7% by weight), and

the applicable portion of the year in

which the program must be

implemented (as determined by EPA).

EPA determined that the applicable

control period for the purposes of an

oxygenated gasoline program in Truckee

Meadows area is October 1 through

January 31. See 57 FR 47853 (October

20, 1992). EPA labeling requirements for

oxygenated gasoline are found at 40 CFR

80.35.

The District first adopted an

oxygenated gasoline rule (i.e., District

rule 040.095 "Oxygen Content of Motor

Vehicle Fuel") on December 21, 1988,

and implementation of the rule began in

December 1989. This rule applied

throughout Washoe County and

required a minimum gasoline oxygen

content of 2% by weight during a

control period defined as December 1

through February 15. The District

modified the oxygenated gasoline rule

on April 18, 1990 to extend the control

period to November 1 through the end

of February. The April 18, 1990 version

of the District's oxygenated gasoline rule

was included in a SIP revision submittal

from the Governor to EPA dated April

15, 1991. Meanwhile, five months prior

to this SIP submittal, the Clean Air Act

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 new requirements,

the District 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 1 through January 31. NDEP

submitted this revised rule to EPA as a

SIP revision on November 13, 1992

thereby superseding the April 15, 1991

submittal of the previous version of the

rule. EPA did not take action on the

November 13, 1992 submittal of the

District's oxygenated gasoline rule. In

the intervening years, the District has

twice amended the oxygenated gasoline

rule: on October 25, 2000, the District

phased-out use of methyl tertiary butyl

ether (MTBE) as the 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 at 40 CFR 80.35 and made

certain other changes to improve

enforceability. The September 22, 2005

version of the wintertime oxygenated

gasoline rule was submitted as a SIP

revision by NDEP on November 4, 2005,

thereby superseding the November 13,

1992 submittal of the rule.

We have evaluated the State's

November 4, 2005 submittal of the

wintertime oxygenated gasoline rule

(District rule 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 rule by

obtaining fuel samples from retail

gasoline distributors, which are then

analyzed by the State of Nevada,

Department of Agriculture. Each year,

the District AQMD publishes a report

summarizing the results of the

oxygenated gasoline program for the

prior year. A review of these annual

reports reveals near-full compliance

with the requirements of the rule.

For the above reasons, we find that

District rule 040.095 ("Oxygen Content

of Motor Vehicle Fuel"), as amended by

the District on September 22, 2005, and

submitted by NDEP to EPA on

November 4, 2005, fulfills the

requirements of section 211(m) of the

Act and applicable EPA regulations,

and, based on that finding, we propose

approval of the rule* as a revision to the

Nevada SIP.

VII. Nevada's Motor Vehicle Inspection

and Maintenance (I/M) Program in

Truckee Meadows

A. Background Information

As noted in section IV of this

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 of Nevada was

designated nonattainment for the

NAAQS for CO and photochemical

oxidant.4

4 In 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 for ozone.

See 46 FR 37896 (July 23, 1981).

During the late 1970's, the Nevada

Legislature established the first motor

vehicle I/M program for Truckee

Meadows, and the Nevada Department'

of Motor Vehicles (DMV) began to

implement this initial program in 1978.

Nevada's motor vehicle I/M program is

required in two counties, Washoe and

Clark.

Originally, I/M requirements were

triggered only by a change in vehicle

ownership, but by 1983, I/M in Truckee

Meadows had been expanded to apply

annually upon vehicle registration or

upon registration renewal.

Implementation of a mandatory annual

I/M program in Truckee Meadows was

not a requirement of the 1977 amended

Act but was one of the control measures

selected by Washoe County and the

State of Nevada 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 on this

early I/M program in Truckee Meadows

and related EPA rulemaking actions, see

44 FR 26763 (May 7, 1979), 45 FR 59334

(September 9, 1980), 46 FR 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 of this

document, under the Clean Air Act

Amendments of 1990, EPA classified

Truckee Meadows as a "moderate" CO

nonattainment area based on a design

value of 9.8 ppm. Under section 187(a)

of the 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 and to submit I/M SIP

revisions to meet the "basic" I/M

performance standard and other new

related requirements promulgated by

EPA subsequent to the 1990 Act

Amendments. See CAA section

187(a)(4). 5 On January 15, 1993, EPA

5 In 1991, all of Washoe County was designated

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

ozone NAAQS. See 56 FR 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/M program for Truckee Meadows (at the

time of designation as a marginal ozone

nonattainment area) did not include hydrocarbon

emissions testing (but only CO emissions testing),

and thus the I/M program was not part of the

applicable ozone SIP. The State of Nevada deleted

hydrocarbon emissions testing from the I/M

made a finding of failure 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,

but by letter dated April 13, 1994, EPA

made a finding of incompleteness for

the November 15, 1993 SIP revision

submittal.

On June 3, 1994, NDEP submitted the

State Implementation Plan for a Basic

Program for the Inspection and

Maintenance of Motor Vehicles for the

Truckee Meadows Planning Area,

Nevada (June 1994) ("Basic I/M SIP").

By letter dated January 31, 1995, EPA

found the Basic I/M SIP to be complete.

The Basic I/M SIP includes I/M-related

statutes and rules, 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 of the

basic I/M program for motor vehicles in

the Truckee Meadows planning area

("Basic I/M Performance Standard

Evaluation") thereby fulfilling a

requirement not addressed 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 of public

process and adoption by the Washoe

County District Board of Health on

September 28, 2006.

Since the submittal of the Basic I/M

SIP in 1994, the State of Nevada has

revised many of the I/M-related

statutory provisions and regulations and

has established new specifications for

exhaust gas analyzers. On May 11, 2007,

NDEP submitted a SIP revision entitled

Nevada Mobile Source SIP, Update of

the RegulatoryElement (May 11, 2007)

("Mobile Source SIP Update"), which

includes current I/M-related statutory

provisions and regulations as well as

updated exhaust gas analyzer

specifications. The current Nevada I/M

statutory provisions and rules 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, and EPA approved the related

changes in 1984. See 49 FR 6386 (February 21,

1984) and 49 FR 44208 (November 5, 1984).

Hydrocarbon. emissions testing requirements have

since been restored to the program and are a part

of the current I/M program that is the subject of

today's proposal.

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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 and 484.6441;

* Nevada Administrative Code

(NAG), chapter 445B (January 2007

revision by the 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

update to the regulatory portion of the

State's mobile source SIP (excluding the

rules establishing fuels specifications,

alternative fuels programs for

government vehicles, and any local

rules related to mobile sources),

including the regulatory portion of the

Truckee Meadows-I/M SIP, which was

last approved in 1984 (see 49 FR 44208,

November 5, 1984), and the regulatory

portion of the Las Vegas Valley I/M SIP,

which was last approved in 2004 (see 69

FR 56351, September 21, 2004).

B. Evaluation of the State's I/M.Program

in Truckee Meadows

This subsection summarizes the

applicable requirements of EPA's I/M

requirements found in 40 CFR part 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 in SIP 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/M programs

that were part of an approved SIP as of

November 15, 1990, and shall update

those programs an necessary to meet the

basic I/M program 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 Truckee Meadows, as of

November 15, 1990, included an I/M

program and because, under the Act as

amended in 1990, the Truckee Meadows

CO nonattainment area was classified as "moderate" (with a design value of 12.7

ppm or less).

6 As explained below in the subsection entitled

"Vehicle coverage (40 CFR 51.356), we are taking

no action on subsection (2) of NAC section

445B.595.

I/M programs are nominally required

to cover 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/M program applies within all of

Washoe County, except for residents

that live outside of the urbanized area

and are serviced by one of the 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 if the area is redesignated to

attainment until the State submits and

EPA approves a SIP revision which

convincingly demonstrates that the area

can maintain the relevant standard

without\benefit of the emission

reductions attributable to the I/M

program. See 40 CFR 51.350(c). The

statutory authority for the "basic" I/M

program in Truckee Meadows contains

no automatic sunset provision and thus

is consistent with EPA requirements.

Basic I/M Performance Standard (40

CFR 51.352)

"Basic" I/M programs must be

designed and implemented to meet or

exceed a minimum performance

standard, which is expressed-as

emission levels achieved from highway

mobile sources as a result of the

program. Areas are required to meet the

performance standard for the pollutants

which cause them to be subject to I/M

requirements. The performance

standard is based on the model I/M

program inputs and local

characteristics, such as vehicle mix and

local fuel controls, and emission levels

and emission reduction benefits must be

calculated using the most recent version

of EPA'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 existing I/M. programs, 1983);

(3) Test frequency (annual testing); (4)

Model year coverage (testing of model

year (MY) 1968 and later vehicles); (5)

Vehicle type coverage (light-duty

vehicles (excluding trucks)); (6) Exhaust

emission test type (idle test); (7)

Emission standards (no weaker than

specified in 40 CFR part 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 for CO

nonattainment areas). Also, the basic

I/M performance standard includes

inspection of all.1996 and later lightduty vehicles equipped with certified

on-board diagnostic (OBD) systems, 7

and repair of malfunctions or system

deterioration identified by or affecting

OBD systems.

The Nevada basic 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 later vehicles); (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 emission test 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 (based on those

specified in 40 CFR part 85, subpart W);

(8) Emission control device inspections

(for 1968 and newer vehicles, a gas cap

check; for gasoline-powered vehicles

newer than 1980, the anti-tampering

program (ATP) checks for air pump

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/M program inchides

inspection of all 1996 and newer lightduty gas6line-powered vehicles

equipped with certified on-board

diagnostic (OBD) systems. Repair of

7 A certified OBD system consists of a computer, which performs checks of a number of different

vehicle systems for malfunctions or deterioration,

which could result in the vehicle exceeding its

emissions standards, and a malfunction indicator

light, which is required to be 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 not include a

performance standard evaluation, but

NDEP submitted the required evaluation

(referred to herein as the "Basic I/M

Performance Standard Evaluation") to

EPA for approval 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/M program for Truckee

Meadows as described above to estimate

the composite CO emission rate in year

1996 of the vehicle fleet in Truckee

Meadows under three scenarios: (1) no

I/M program, (2) EPA's basic model

program, and (3) the State's basic I/M

program for Truckee Meadows. District

AQMD assumed 50% effectiveness for

the State's basic I/M program in Truckee

Meadows to account for the

decentralized, test-and-repair nature of

the I/M program.

A comparison of the MOBILE6.2.03-

based CO emissions rates for these three

scenarios shows that EPA's basic model

program would have 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 for the

performance standard evaluation. Based

on this finding apd because the results

of the evaluation show that State's basic

I/M program 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/M program in Truckee Meadows meets

the performance standard requirement

under 40 CFR 51.352.

Network Type and Program 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

and trucks. 8 The network includes

different types of test-and-repair

stations. State law differentiates

between two types of test-and-repair

stations: (1) Test stations that are

a Under the Nevada I/M program, light-duty

diesel-powered motor vehicles registered in the

applicable portions of Washoe County and Clark

County are also subject to annual inspections,

which include a tampering inspection and an opacity test.

allowed to do only specific types of

repairs (such as oil changes,

replacement of oil or air filters, and

servicing of the fuel injection system)

but are generally not 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. For the purposes of

the performance standard evaluation,

Washoe County assumed 50%

effectiveness for the program based on

the decentralized, test-and-repair nature

of the network. The 50% effectiveness

value is the default value in MOBILE for

such networks and is acceptable. We

find that the State's I/M testing network

for Truckee Meadows is adequately

described in the State's I/M submittals,

that the State has sufficient legal

authority to enforce the requirements

that must be 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 of 40 CFR 51.353 are

satisfied.

We note that the program evaluation

required under 40 CFR 51.353(c) applies

to "enhanced" I/M programs, and

because Truckee Meadows is subject

only to 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/M rule requires the state

to demonstrate that there is adequate

funding of the program functions

including quality assurance, data

analysis and reporting, the holding of

hearings and adjudication of cases. The

state must also demonstrate that

sufficient personnel have been

employed to effectively carry out the

duties related to the program and that

equipment necessary to achieve the

objectives of the program have been

acquired.

Nevada law establishes annual fees to

cover costs associated with

implementation, administration and

operation of the I/M program. See NRS

445B.830. The fees must be paid to the

DMV and accounted for in the 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 for employee

salaries, the Basic I/M SIP includes a

copy of the budget for the program, as

approved by the 67th Session of the

Nevada Legislature and the Governor,

showing provisions for personnel

sufficient to meet the oversight

requirements of the 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

if the required emission targets are

achieved. Also, under the 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 in the 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 of compliance

(with the emission inspection) as part of

the annual registration process. New

vehicles are exempt from testing until

the third registration cycle. See NAC

445B.592.

The DMV has authority under NRS

445B.798 to require proof of compliance

with the emission standards after a

vehicle has been cited for needing

mechanical repair or for a smoking

vehicle. Nevada law thereby provides

for.out-of-cycle emission testing for

high-emitting vehicles. Under NRS

482.461, cancellation of registration can

result if the vehicle failing a test

conducted under NRS 445B.798 has not

been repaired as required.

On May 11, 2007, NDEP submitted all

of the current versions of the statutory

provisions and rules cited above for

approval into the Nevada SIP. EPA

believes these elements meet the

requirements of the Federal I/M rule.

Vehicle Coverage (40 CFR 51.356)

The Federal model "basic" I/M

program against which State programs

are compared assumes coverage of all

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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. The Federal "basic" I/

M program does not assume coverage of

light-duty trucks. Other levelsof

coverage may be approved if the

necessary emission reductions are

achieved.

Under Nevada's basic I/M program,

the term "light-duty motor vehicles"

refers to passenger cars and trucks up to

8,500 pounds GVWR; "heavy-duty

motor vehicles" refers to vehicles of

8,500 pounds GVWR or more. Nevada's

basic I/M program is more inclusive

than required under the Federal I/M

rule in some ways 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

to be 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 must be

registered or re-registered). Other minor

exemptions are set forth in NAC

445B.592 (such as motorcycles and

motor vehicles permanently converted

from gasoline to propane, compressed

natural gas, methane or.butane as a

fuel). The Basic I/M Performance

Standard Evaluation submitted by NDEP

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 to the 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 of dieselpowered 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 of the Federal I/M rule

under 40 CFR 51.356.

The Federal I/M rule requires that

vehicles operated on Federal

installations located within an I/M

program area be tested regardless of

whether the vehicles are registered in

the state or local I/M area. See 40 CFR

51.356(a)(4). However, we are not

requiring states to implement 40 CFR

51.356(a)(4) at this time. The

Department of Justice has recommended

to EPA that this Federal regulation be

revised since it appears to grant states

authority to regulate Federal

installations in circumstances where the

Federal government has not waived

sovereign immunity. It would not be

appropriate to require compliance with

this regulation if it is not

constitutionally authorized. EPA will be

revising this provision in the future and

will review state I/M SIPs with respect

to this issue when this new rule is final.

Therefore, for these reasons, EPA is

neither approving nor disapproving the

speific requirements which apply to

Federal facilities at this time.

Specifically, we are taking 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.

We are also proposing under CAA

section 110(k)(6), which authorizes EPA

to correct errors in SIP actions, to -

rescind our previous approval of NAC

445B.595(2) into the Nevada SIP on

grounds of sovereign immunity. Weapproved NAC 445B.595(2) as part of

our 2004 approval of the State of

Nevada's I/M program for Las Vegas and

Boulder City.

Test Procedures and Standards (40 CFR

51.357)

The Federal I/M rule requires that

states establish written test procedures

and pass/fail standards to be 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 of the OBD systems on MY

1996 and newer light-duty vehicles -

shall be conducted according to the

procedure described in 40 CFR 85.2222,

at a minimum. See 40 CFR

51.357(a)(12). The required test

standards are specified in 40 CFR

51.357(b).

EPA's basic 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 are tested in idle 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

(unless a waiver is granted). All lightduty gasoline-powered vehicles MY'

1996 and newer are subject to OBD

systems checks. See NAC 445B.5805.

The State's procedures for the twospeed idle test and the OBD system

check are consistent with EPA

requirements. Testing procedures and

standards for light-duty diesel-powbred

vehicles are found in NAC 445B.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 for heavyduty gasoline-powered vehicles MY

1981 and newer are 3.5% for CO and

1,000 ppm for HC; 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 of any kind, all

components are retested after repairs.

The Federal basic I/M performance

standard does not assume that

inspections are made of the emission

control devices as part of the 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 and for blowby gases

from the crankcase. See NAC 445B.580.

Also, inspectors visually inspect all

vehicles to determine the presence of a

properly installed gas cap. For lightduty gasoline-powered vehicles MY

1981 through MY 1995 (and MY 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 inlet restricter, and

whether this equipment appears to be

operating in accordance with the

specifications of the manufacturer of the

vehicle. See NAC 445B.580. For MY

1996 and newer light-duty gasolinepowered vehicles, inspection stations

administer OBD systems checks (see

NAC 445B.5805) that substitute for the

visual inspections that are part of the

program for earlier models. If a vehicle

has missing or malfunctioning ,

emissions control equipment, Nevada's

required I/M test will result in a failed

vehicle notification. Under NAC

445B.582 and 445B.589, necessary

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repairs must be completed before a

second test 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 to EPA 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 in both 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 a change in NV2000 as

previously submitted to make emissions

testing possible on motor vehicles

containing a certified OBD system

which uses controller area network

communication.

NV2000 emission testing equipment

has been used to inspect gasolinepowered vehicles since April 2001.

NV2000 analyzers carry California

Bureau of Automotive Repair (BAR 97)

certification. Two-speed idle and OBD

inspection procedures can be performed

with NV2000 analyzers. The NV2000

emission analyzer has remained in the

same configuration as when first

implemented in April 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 their NV2000

emission analyzers to include the

revised OBD scan hardware by

September 2006.

NV2000 test equipment features

include: Concentration measurements of

CO, HC, carbon dioxide (C0 2) and

oxygen-(O 2); engine RPM; leak checks;

anti-tampering'checks; automatic test

data recording; and lock-out measures.

The test begins with a check of the

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 by EPA. The

exhaust gas analyzer specifications

describe all the necessary components

of the emission analysis process, test

equipment and all necessary EPA

requirements under 40 CFR 51.358. We

found NV2000 to be acceptable in

connection with our approval of

Nevada's I/M program for Las 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 for the purposes of the 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

and maintained properly. See 40 CFR

51.359. SIPs are to include a description

of quality 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 may be used for

emission testing purposes under the I/

M program, and to qualify for

certification, manufacturers of analyzers

must demonstrate that their model

complies with all NV2000

specifications. NV2000 specifications

were submitted by NDEP as part of its

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 to be conducted every 72

hours as activated by the analyzer's

internal clock. In addition, to meet

NV2000 specifications, an analyzer

must be designed with a system capable

of requiring an automatic leak check of

the vacuum side of the analyzer

activated by the internal clock every 24

hours.

The NV2000 analyzer also includes a

number of automated controls to ensure

that the system is tamper-resistant. The

inspection certificates are stored

automatically by the exhaust gas

emission analyzer. The analyzers

provide security capable of preventing

any unauthorized modifications to the

software or test data. The performance

of licensed 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 of documents 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 of 40 CFR 51.359

and is acceptable.

Waivers and Compliance via Diagnostic

Inspection (40 CFR 51.360)

Under the Federal I/M rule, state I/M

programs may allow the issuance of a

waiver, which is a form of compliance

with the program requirements that

allows a motorist to comply without

meeting the applicable test standards, as

long as certain prescribed criteria are

met. See 40 CFR 51.360. For "basic" I/

Mprograms, state I/M programs must

require motorists to make an

expenditure of at least $75 for pre-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 of Nevada has adopted

procedures for issuing waivers after an

emission test failure (see NAC

445B.590). First of a1l, only Nevada

DMV may grant a waiver under the

emissions standards tests. Second, for

the basic I/M program in Truckee

Meadows, the Nevada program requires

a minimum expenditure of at least $200

at an authorized station on repair 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 testing if the

repairs evidenced by the receipt were

directly related to the deficiency in

emissions. If the 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 for repairs under

a warranty is not eligible for a waiver.

The performance standard evaluation

provided by the State in the 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 in the performance standard

evaluation for the program.

Motorist Compliance Enforcement (40

CFR 51.361)

The Federal I/M rule requires the use

of registration denial to ensure

compliance with the requirements of the

I/M program. However, the Federal I/M

rule allows programs in "basic" I/M

areas to use an alternative enforcement

mechanism if the 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 to Nevada must

register their motor vehicles within 60

days of becoming a resident. See NRS

482.385. Vehicle owners that do not

renew vehicle registrations, and

continue to drive an unregistered

vehicle in the state, are subject to

enforcement action by any law

enforcement officer in the state. Local

governments are responsible for

establishing policies for the mandatory

fines of all traffic violations including

failure to comply with registration

requirements.

Persons purchasing vehicles from

used-car dealers must have 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 of compliance to

obtain registration. If a vehicle is not

registered, it is unlawfdl to be operated

on public highways, and NRS 445B:840

prohibits possession of.unauthorized

evidence of compliance or the making,

issuance, or use of any imitation or counterfeit evidence of compliance.

Government fleets (any number of

vehicles) and private fleets (consisting

of 25 or more vehicles) can certify their

vehicles in their own licensed fleet

facility (see NAC 445B.461 and NAC

445B.478). I/M inspection facilities for

fleets must also meet the requirements

applicable to a licensed test station

except for bonds and signs. Evidence of

I/M compliance for vehicles serviced by

a covered fleet must be submitted

annually to Nevada DMV.

Emission control ompliance is tied to

vehicle registration or re-registration.

Registration tags are color-coded with

the date imprinted to make it easily

visible to local, county or State law

enforcement personnel. EPA believes

thesubmitted basic I/M program for

Truckee Meadows meets the

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 rule requires-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 of the 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 of vehicle registration

or re-registration is the main tool for

compliance. The DMV issues and

supplies all emission control

documents. The DMV tracks all

certificates of inspection issued,

received, returned or voided by the

individual licensed test stations.

Licensed test stations are required to

provide the DMV with a report on all

control documents received, issued, or

voided (see NAC 445B.472 and

445B.473).

The DMV is required to develop

procedures for personnel engaged in

I/M document management and

processing. Periodic audits of test

records and registration files for

renewals must be performed.

Evaluations of all personnel are

conducted on a regular basis in

accordance with the State Personnel

Manual.

Emission test files are required to be

updated periodically at the DMV.

Procedures have been developed for

inquiry into the host computer for

specific vehicles, stations, and general

program reporting. Information on .

complaints, waivers issued, and recall

information is included in the data files.

NV2000 specifications require

automatic functions for such 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; and lockouts

for specified quality control.

The State has developed written

procedures for all field auditors and

personnel directly involved in the

enforcement of the I/M pfogram. The

procedures include: Methods for

performing covert and overt audits,

preparation of enforcement documents,

methods for operation of I/M test

equipment, public relation materials

and other applicable information. EPA

believes the submitted basic I/M

program for Truckee Meadows meets

the requirements under the Federal rule

related to oversight of the motorist

compliance enforcement program and is

acceptable.

Quality Assurance (40 CFR 51.363) 1 The Federal I/M rule requires an

ongoing quality assurance program to

discover, correct, and prevent fraud,

waste, and abuse and to determine

whether procedures are being followed

and are adequate, if equipment is

measuring accurately, and if other

problems may exist, which would

impede program performance. The

procedures must also be 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 for generating 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 have them

available for collection for DMV

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 of test

stations and may determine that

additional inspections are necessary

based- on circumstances such as

abnormal rates of failure of motor

vehicles on exhaust emissions tests or

receipt of complaints against stations or

inspectors. In addition, a minimum of

once every calendar month, DMV

performs an audit of all exhaust gas

analyzers located at a test station, and

once every calendar quarter, DMV's

audit includes an evaluation of the

accuracy of the analyzers using

specialty gas specifically designed for

that purpose. See NAC 445B.472.

DMV has developed written standard

.operating procedures for quality

assurance that were included as

appendix 6 of the Basic I/M SIP

submitted in 1994. These procedures

cover such subjects as covert audits and

use of covert vehicles. Nevada DMV

auditors receive formal training in the

use of analyzers, basics of air pollution

control, basic engine repair, State

administrative procedures, quality

assurance practices, covert procedures

and program rules and regulations. EPA

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believes the State's submitted basic I/M

program for Truckee Meadows meets

the requirements under the Federal. rule

related to quality assurance and is

acceptable.

Enforcement Against Contractors,

Stations and Inspectors (40 CFR 5.1.364)

The Federal I/M rule requires the

establishment of minimum penalties for

violations of program rules and

procedures which can be imposed

against licensed stations or contractors,

and inspectois. Procedures for actions

against stations and inspectors are

provided for in NAC sections 445B.463

and 445B.476 (stations) and sections

445B.489 and 445B.491 (inspectors).

Violations and penalties are set forth in

NRS section 445B.835 and 445B.845

and NAC sections 445B.7045 and

445B.727. Stations and inspectors are

regulated by Nevada DMV with respect

to license denials, suspension,

reinstatements, temporary suspensions,

revoked licenses, required bonds,

reapplications, and hearings for

reapplication. [NAC sections 445B.463

through 445B.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 or contractors, 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 of the criteria of

the EPA regulations. Vehicle test data

storage and retrieval methods are

enumerated. Test results are expressed

as either pass or fail. Information related

to the calibration check must be stored

automatically by each analysis. EPA

believes the State's submitted basic I/M

program for Truckee Meadows meets

the requirements for data collection in

the Federal rule and is acceptable.

Data Analysis and Reporting (40 CFR

51.366)

Data analysis and reporting are

required to monitor and evaluate the

program by the State and EPA and must

provide information regarding the types

of program activities performed and

their final outcomes, including

summary statistics and effectiveness

evaluations of the enforcement

mechanism, the quality assurance

system, the quality control program, and

the testing element. The Federal I/M

rule requires four annual reports to be

submitted to EPA: A test data report, a

quality assurance report, a quality

control report, and an enforcement

report. In addition, on a biennial basis,

the States must submit a report 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 is responsible, in

cooperation with NDEP, for data

analysis and reporting. The State of

Nevada has consistently submitted the

reports on time (by July of each year),

and the reports contain the required

information. Nevada's annual data

analysis and reporting includes: The

number of vehicles tested by MY; pass/

fail data; basic statistics on the quality

assurance program for the previous year

that include the number of inspection

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

including the motorist compliance level

and the number of waivers granted; and

a description of any 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 in the Federal rule and is

acceptable.

Inspector Training and Licensing or

Certification (40 CFR 51.367)

The Federal I/M rule requires all

inspectors to receive 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 of inspectors. Nevada DMV's

requirements for an approved inspector

include a verified training program for "class 1" and "class 2" inspectors

(including a course approved by DMV),

a written and practical testing program,

and a separate certification process. All

trainees are required to pass a

comprehensive hands-on and written

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 the training and licensing

requirements of "class 2" inspectors in

order to perform service on vehicle

exhaust emission components. All test

stations must employ approved

inspectors of the appropriate class and

rating. Nevada DMV provides the

appropriate inspector training and

-licensing to meet the requirements

listed in 40 CFR 51.367. EPA believes

that the State's submitted basic I/M

program for Truckee Meadows meets

the requirements for inspector training

and licensing or certification in the

Federal rule and is 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 of the I/M

program of: Local air quality problems,

the requirements of Federal and State

law, and the impact of motor vehicles to

local air quality problems. The

educational program should also

include information on: The need for

and benefits of an inspection program,

how to maintain a vehicle in a lowemission condition, how to find a

qualified repair technician, and the

requirements of the I/M program. In

addition, the program must describe

procedures and mechanisms to protect

the public from fraud and abuse by

inspectors, mechanics, and others

involved in the I/M program.

Pursuant to NRS 445B.785 and NAC

445B.471, Nevada DMV issues a

pamphlet for the purpose of providing

the general public with a description of

the methods of, and reasons for, the I/

M program. NDEP included such a

pamphlet in appendix 8 of the Basic I/

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 of the DMV and civic

events throughout the year. Information

is made available to the motorist, whose

vehicle fails the test, regarding repair

facilities. The consumer is protected

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

and is acceptable.

Improving Repair Effectiveness (40 CFR

51.369)

I/M program goals are achieved

through effective repairs of vehicles

which have failed the initial test. Under

the Federal I/M rule, 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 of adequate repair

technician training in the I/M area and

if such 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 to the repair industry by

requiring the manufacturer of NV2000

exhaust gas analyzers to train all

approved inspectors at the time bf

installation in the proper use,

maintenance and operation of the

analyzer and to provide on-site service

calls to address specific issues or

problems. See NAC 445B.5075. To

provide NevadaDMV with the basis to

evaluate the success in repairing failed

vehicles, each authorized station is

required to maintain, and have available

for collection, records of all repairs at

the request of Nevada 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 are then approved as

repair technicians. The training and

certifying of mechanics is under the

auspices of the DMV in cooperation

with the Community College System.

We find that the State's I/M program

for repair technician training meets the

requirements of 40 CFR 51.369 thereby

justifying the technician training credit

taken in the 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) of the

Act, receive the required repairs.

"Basic" I/M programs, such as the one

required for Truckee Meadows, are not

subject to this requirement.

On-Road Testing (40 CFR 51.371)

On-road testing is required in areas

subject to "enhanced" I/M requirements

but is an option for areas subject to

"basic" I/M. Because Truckee Meadows

is subject to the "basic" I/M

requirements, no on-road testing is

required in that area, and none is being

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 of the 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

of the geographic coverage of the

program; (4) a detailed discussion of

each of the 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 it is no

longer necessary; (7) implementing

regulations, interagency agreements,

and memorandum of understanding;

and (8) evidence of adequate funding

and resources to implement all aspects

of the program.

,The State of Nevada 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. For MY 1996 and

newer light-duty gasoline-powered

vehicles, mandatory OBD system checks

replaced the previous two-speed idle

test beginning in 2002.

All of the required SIP I/M elements

listed above wereincluded in the Basic

I/M SIP submitted by NDEP on June 3,

1994 except for the performance

standard evaluation, which was

contained in the Basic I/M Performance

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 a third related SIP revision

entitled Nevada Mobile Source SIP:

Update of the Regulatory Element (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 of NV2000 as part of

Nevada's I/M program in Las Vegas and

Boulder City in 2004. Thus, NDEP has

submitted all of the required I/M

elements. We note also that Nevada's I/

M program does not undergo a sunset

review, and thereby has the legal

authority to operate until such time as

it is no longer 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

were required to be fully implemented

by January 1, 1994. On-board diagnostic

system checks must. be implemented in

all "basic" I/M areas by January 1, 2002.

Nevada's "basic" I/M program was

implemented in 1994, and Nevada's

requirements for OBD checks were

implemented in 2002. This is

acceptable.

Conclusion

Based on our review of the various

elements of the 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 the basic

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

for redesignating a nonattainment area

to attainment. Specifically, section

107(d)(3)(E) allows for redesignation

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 for the area under

section 110(k); (3) EPA determines that

the improvement in air quality is due to

permanent and enforceable reductions

in emissions resulting from

implementation of the applicable SIP,

applicable Federal air pollution control

regulations, and other permanent 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 of the

CAA.

EPA provided guidance on

redesignations in the form of a General

Preamble for the Implementation of

Title I of the CAA Amendments of 1990

published in the Federal Register on

April 16, 1992 (57 FR 13498), as

supplemented on April 28, 1992 (57 FR

18070). Other relevant EPA guidance

documents include:

* "Contingency Measures for Ozone

and Carbon Monoxide (CO)

Redesignations," Memorandum from

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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 from John Calcagni,

Director, Air Quality Management

Division, OAQPS, October 28, 1992

(Calcagni memo 1992c);

e "State Implementation Plan (SIP)

Requirements for Areas Submitting

Requests for Redesignation to

Attainment of the 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 of Actual Emissions in

Maintenance Demonstrations for Ozone

and Carbon Monoxide (CO)

Nonattainment Areas," Memorandum

from D. 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 from Mary

D. Nichols, Assistant Administrator for

Air and Radiation, October 14, 1994

(Nichols memo). For the reasons set forth below in

section IX of this document, we propose

to approve NDEP's request for

redesignation of the Truckee Meadows

nonattainment area to attainment for the

CO NAAQS based on our conclusion

that all of the criteria under CAA

section 107(d)(3)(E) have been satisfied.

IX. Evaluation of the State's

Redesignation Request for Truckee

Meadows

A. The Area Must Have Attained the

Applicable NAAQS

Section 107(d)(3)(E)(i) of the 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 of that

determination, we reviewed the ambient

CO monitoring network operated by the

District AQMD and found that it meets

or exceeds our requirements. See 70 FR

3170 (January 21, 2005). For a

description of District AQMD's ambient

CO monitoring network in Truckee

Meadows and our requirements for such

networks, please see our January 21,

2005 proposed CO attainment finding

(70 FR 3170).

We based our May 3, 2005

determination of attainment on ambient

monitoring data through year 2004. For

the purposes of this proposed rule, we

have reviewed the most recent data

input to our Air Quality System (AQS)

database and-have found that no

exceedances of the CO NAAQS have

been recorded in the 2005-2006 period.

(The highest 8-hour CO concentrations

were less than 50% of the NAAQS at all

of the stations over the 2005-2006

period.) Thus, based on the attainment

finding and positive assessment of the

District AQMD ambient CO monitoring

network that we made in May 2005 and

our current review of the most recent

data in AQS, we find that Truckee

Meadows has attained the CO NAAQS

thereby satisfying the criterion for

redesignation set forth in section

107(d)(3)(E)(i).

B. The Area Must Have a Fully

Approved SIP Under Section 11 0(k) of

the CAA

Section 107(d)(3)(E)(ii) precludes

redesignation of a nonattainment area to

attainment until EPA has fully approved

the applicable implementation plan for

the area under section 110(k). Pursuant

to the CAA amendments of 1977, the

State of Nevada submitted a CO plan for

the Truckee Meadows nonattainment

area. In 1981, we approved in part, and

conditionally approved in part, the

submitted CO plan, and in 1982, we

found that the conditions imposed on

approval of certain elements of the CO

plan for Truckee Meadows had been

fulfilled. In 1.984, we approved revisions

to many of the elements contained in

the CO plan for Truckee Meadows, and

deferred action on other elements. We

proposed disapproval of a subsequent

CO plan for Truckee Meadows in 1987,

but we consider the plan 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 to post-1990 SIP

submittals, upon final approval of the

required plan elements proposed for

approval herein (wintertime oxygenated

gasoline rule and "basic" I/M program),

we will have fully approved the

applicable implementation plan for the

Truckee Meadows CO nonattainment

area, and thereby satisfied this criterion

for redesignation.

C. The Area Must Show the

Improvement in Air Quality Is Due to

Permanent and Enforceable Emissions

Reductions

Section 107(d)(3)(E)(iii) precludes

redesignation of a nonattainment area to

attainment unless EPA determines that

the improvement in air quality is due to

permanent and enforceable reductions

in emissions resulting from

implementation of the applicable SIP

and applicable Federal air pollution

control regulations and other permanent

and enforceable regulations. If EPA

makes such a determination, then the

criterion is satisfied.

The improvement in CO air quality in

the Truckee Meadows area is due to 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 and replacement of older

vehicle models with newer models

manufactured to meet 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 in this

document through the use of EPA's

MOBILE emission factor model for onroad motor vehicles. The Truckee

Meadows CO Maintenance Plan

provides estimates of the emissions

reductions associated with the State and

local measures in years 2002, 2010 and

2016 (see page 7 of the Truckee

Meadows CO Maintenance Plan). Based

on those estimates, the three State and

local control measures together reduced

CO emissions that would otherwise

have occurred in Truckee Meadows by

approximately 20 percent in 2002. . With respect to permanence and

enforceability, we are proposing

approval of the 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 will become

federally enforceable as part of the

Nevada SIP. (The wintertime

oxygenated gasoline rule and basic I/M

program are already enforceable by the

District and State, respectively.) Upon

the effective date of our approval of the

residential wood combustion rule, it

became federally enforceable. None of

these measures include sunset clauses,

and thus, upon approval by EPA, the

measures will become permanent

features of the Nevada SIP until such

time as the State submits, and EPA

approves, future SIP revisions that

amend or delete them.

With respect to 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 of the CO NAAQS by 1995

and continued attainment since then, is

due to emission reductions from

implementation of the control measures

discussed above and is not the result of

a local economic downturn or unusual

or extreme weather patterns. See pages

6 through 11 of the Truckee Meadows

CO Maintenance Plan.

Thus, we find that the improvement

in CO air quality in Truckee Meadows

is the result of permanent and

enforceable emissions reductions from a

combination of the 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. The Area Must Have.Met All

Applicable Requirements Under Section

110 and PartD

Section 107(d)(3)(E)(v) requires a

State to have met all requirements

applicable to a nonattainment area

under section 110 and part D of the Act

as a prerequisite to redesignation of that

nonattainment area to attainment.

1. Section 110 Requirements

Section 1i0(a)(2) sets forth the general

elements that a SIP must contain in

order to be fully approved. Although

section 110(a)(2) was amended in 1990,

a number of the requirements did not

change in substance, and therefore, EPA

believes that the pre-amendment EPAapproved SIP met these requirements in

Truckee Meadows with respect to CO.

As to those requirements that were

amended, (see 57 FR 27936 and 27939,

June 23, 1992), many are duplicative of

other requirements of the Act. EPA has

analyzed the SIP and determined that it

is consistent with the requirements of

amended section 110(a)(2). The Truckee

Meadows portion of the Nevada SIP

contains enforceable emission

limitations; requires monitoring,

compiling and analyzing of ambient air

quality data; requires preconstruction

review of new or modified 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 that the CAA requirements are

satisfied in the event that the District is

unable to meet its CAA obligations.

2. Part D Requirements

The requirements that apply under

part D of title I of the Act 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 design values of 12.7 ppm

(eight-hour average) or less and those

with design values greater than 12.7

ppm at the time of initial classification.

Truckee Meadows had a design value of

9.8 ppm at the time* of initial

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.

Reasonably Available Control

Measures / Reasonably Available

Control Technology (RACM/RACT).

Section 172(c)(1) of the Act 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, of reasonably available

control technology (RACT)) and shall

provide for attainment of the 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.

"General Preamble for the Implementation of

Title I of the Clean Air Act Amendments of 1990"

(57 FR 13498, April 16, 1992, as supplemented 57

FR 18070, April 28, 1992).

Attainment of the CO NAAQS in

Truckee Meadows relies upon three

State or local 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 are proposing 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 part of

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

of CAA section 172(c)(1) in the Truckee

Meadows CO nonattainment area. Reasonable Further Progress (RFP).

Section 172(c)(2) of the Act 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 air pollutant as are required

by this part or may reasonably be

required by the Administrator for the

purpose of ensuring attainment of the

applicable national ambient air quality

standard by the applicable date.

EPA interprets the Act such that the

requirements for RFP do not apply in

evaluating a request for redesignation to

attainment since, at a minimum, the air

quality data for the 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 to Attainment" (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 the purposes

of our evaluation of the State's request

to red6signate the area to attainment.

Emissions Inventory. Sections

172(c)(3) and 187(a)(1) of the Act

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),

area (generally referring to smaller

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stationary and fugitive (non-smokestack)

sources), and mobile (on-road, nonroad,

locomotive-and aircraft) sources are to

be included in the compilation. Under

sections 172(c)(3) and 187(a)(5) of the

Act, States are required to submit, no

later than September 30, 1995, and no

later than the end of each 3-year period

thereafter, until redesignation, an

updated inventory of CO emitted within

CO nonattainment areas.

On November 13, 1992, NDEP

submitted a revision to the Truckee

Meadows portion of the Nevada SIP that

contained a number of items, including

the 1990 Base Year CO Inventory. The

1990 Base Year CO Inventory was the

responsibility of and complied by the

staff of the District AQMD. In the

process of developing this base year

inventory, the District AQMD submitted

an Inventory Preparation Plan (IPP),

which was officially accepted and

approved by EPA. 10 In 1993, the District

AQMD revised the 1990 Base Year CO

Inventory to reflect, among other things,

an update of EPA's on-road motor

vehicle emission factor model (MOBILE)

and updated EPA methods for

calculating emissions from nonroad

mobile sources. NDEP submitted the

revised inventory ("Revised 1990 Base

Year CO Inventory") to EPA on June 3,

1994 as appendix 4 to NDEP's "basic"

vehicle I/M SIP revision submittal for

Truckee Meadows.

On January 19, 1996; April 14, 1999;

February 5, 2002; and February 3, 2005,

NDEP submitted SIP revisions that

contained updates of the CO emissions

inventories for Truckee Meadows for

years 1993, 1996, 1999, and 2002,

respectively, as required under CAA

sections 172(c)(3) and 187(a)(5). Each

successive inventory update reflects the

changes in activity levels within each of

the various source categories, the effects

of on-going emissions control programs

such as the Federal Motor Vehicle

Control Program and the District's

residential wood combustion program,

as well as the updates to methods and

emissions factors used to develop

emissions inventories, such as updates

to EPA'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 the inventory

requirements of the maintenance plan.

See 57 FR 13498, at 13564 (April 16,

1992). Thus, our proposed approval of

the submitted maintenance plan and

10 See letter from Julia 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) for the purposes of

redesignation of Truckee Meadows to

attainment for the CO NAAQS. See

section IX.E.1 herein for details

concerning the base year (2002) CO

emission inventory. We plan no further

action on the previously submitted CO

inventories for years 1990, 1993, 1996,

and 1999.11

Permits for New and Modified Major

Stationary Sources

Under section 172(c)(5), the CAA

requires States to submit SIP revisions

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 of nonattainment

pollutants incorporate the highest level

of control, referred to as the Lowest

Achievable Emission Rate (LAER), and

that increases in emissions from such

stationary sources are offset so as to

provide for reasonable further progress

towards attainment in the

nonattainment area. The process for

reviewing permit applications and

issuing permits for new or modified

stationary sources of air pollution is

referred to as "New Source Review"

(NSR). With respect to nonattainment

pollutants in nonattainment areas, this

process is referred to as "'nonattainment

NSR."

Under the Clean Air Act Amendments

of 1977, States with designated

nonattainment areas were required to

'amend their NSR rules to impose LAER

and offsets requirements on new major

sources and major modifications 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 for all 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 also not taking specific action on

NDEP's submittal of the 2002 periodic inventory

update. However, because the 2002 inventory was

used as the base year inventory in the Truckee

Meadows CO Maintenance Plan, we are relying on

the technical docinmentation submitted with the

2002 periodic inventory update in our evaluation of

the Truckee Meadows CO Maintenance Plan. See

section IX.E.1 of this document.

.Truckee Meadows portion of the Nevada

SIP; and we approved them on April 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 of CO in the

Truckee Meadows nonattainment area.

The 1990 Clean Air Act Amendments

retained the core nonattainment NSR

elements of LAER and offsets but added

additional requirements, and in

response, the District again revised its

NSR rules, and NDEP submitted the

revised rules to EPA on April 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 to comply with the requirement

that an NSR program be approved prior

to redesignation provided that the area

demonstrates maintenance of the

standard without nonattainment NSR in

effect. The rationale for this

determination is described in the

Nichols memo cited in section VIII of

this document.

The Truckee Meadows CO

Maintenance Plan anticipates an

increase in CO emissions that is

proportional to expected growth in

population in the Truckee Meadows

area from the types of sources

potentially subject to LAER and

offsets 12 rather than assuming that any

increases in CO from such sources

would be offset. See pages 18-20 in the

Truckee Meadows CO Maintenance

Plan. Thus, we find that the

maintenance demonstration for the

Truckee Meadows CO nonattainment

area does not rely on nonattainment

NSR, and the State need not have a

fully-approved nonattainment NSR

program for Truckee Meadows prior to

approval of the CO redesignation

request.

Prevention of Significant

Deterioration (PSD) is the NSR program

that applies to new major sources or

major modifications of attainment

pollutants and is the replacement

program for nonattainment NSR after

redesignation to attainment, and part of

the obligation under PSD is for a new

source to review incrementconsumption and maintenance of the air

quality standards. The PSD program

requires stationary sources to undergo

preconstruction review before facilities

12 The source categories with sources potentially

subject to LAER and offsets include stationary

source fuel combustion and waste disposal,

treatment and recovery.

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are constructed or modified, and to

apply Best Available Control

Technology (BACT). The PSD program

will apply to any major source or major -

modification of CO 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 FR 52837 (September 8,

2003).

.Contingency Provisions. Section

172(c)(9) of the Act requires a State to

submit contingency measures that will

be implemented if an area fails to make

reasonable further progress 13 (RFP) or

fails to attain by the applicable

attainment date.

On October 20, 1993, the District

adopted a request to the Nevada State

Environmental Commission to require

and implement an "enhanced" vehicle

I/M program in Truckee Meadows, upon

the occurrence of future 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 7 to the State's

"basic" vehicle I/M program for the

Truckee Meadows area and submitted

the "basic" vehicle I/M program 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 for redesignation. 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 for contingency

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 of our evaluation of the

State's request for redesignation, and we

consider the contingency provisions

submitted as part of the Truckee

'

3 RFP means "such annual incremental

reductions in emissions of the relevant air pollutant

as are required by this part or may reasonably be

required by the Administrator for the purpose of

ensuring attainment of the applicable national

ambient air quality standard by the applicable

date." See section 171(1) of the Act.

Meadows CO Maintenance Plan to

supersede the contingency measure

submitted on June 3, 1994 and plan no

further action on the latter measure. Section 176 Requirements. Under

section 176(c) of the.Clean Air Act

Amendments of 1990, 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

conformity regulations that the CAA

required EPA to promulgate. EPA's

conformity regulations are codified at 40

CFR part 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 to herein 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 and by the Truckee

Meadows Regional Planning Governing

Board on February 9, 1995. We have not

taken action on the July 31, 1995 SIP

revision submittal. 14

EPA believes it is reasonable 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 is based on a combination of two

factors. First, the requirement to submit

a conformity SIP continues to apply to

areas after redesignation to attainment,

since such areas would be subject to a

section 175A maintenance plan. See

14On August 10, 2005, the Safe, Accountable,

Flexible, Efficient Transportation Equity Act: A

Legacy for Users (SAFETEA-LU) was enacted, and

among its provisions, this law amended section

176(c) of the CAA to reduce the content

requirements for transportation conformity SIPs.

Under SAFETEA-LU, with respect to transportation

conformity, States are required only to develop

criteria and procedures for interagency 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 that EPA approve only

the three provisions that are required to be included

in transportation conformity SIPs and that EPA take

no action on the remainder of the transportation

conformity portion of the 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 of conformity analyses in

the absence of Federally-approved State

rules. See 40 CFR 51.390(b) and

51.851(b). Therefore, because areas are

subject to the conformity requirements

regardless of whether they are

redesignated to attainment and must

implement conformity under Federal

rules if State rules are not yet approved,

EPA believes it is reasonable to view

these requirements as not applicable for

purposes of evaluating a redesignation

request. See Wall v. EPA, 265 F.3d 426,

439 (6th Cir. 2001) upholding this

interpretation.

For the reasons stated above, EPA

believes the approval of conformity

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

of Truckee Meadows to attainment for

the CO NAAQS. Federal transportation

and general conformity rules will

continue to apply with respect to CO

emissions associated with

transportation plans, programs, and

projects as well as other Federallysupported or funded projects within

Truckee Meadows.

Vehicle Inspection and Maintenance

Program. Under section 187(a)(4), the

CAA requires States with nioderate CO

nonattainment areas to submit a SIP

revision that provides for a new or

amended vehicle I/M program that

meets applicable Federal I/M

requirements, including the "basic" I/M

performance standard. As described in

section VII of this document, we are

proposing to approve the State's "basic"

I/M program for Truckee Meadows, and

if we finalize this action as proposed,

the vehicle I/M requirement for Truckee

Meadows under CAA section 187(a)(4)

will be fulfilled.

Oxygenated Gasoline Program. Under

section 211(m), the CAA requires States

with CO nonattainment areas with

design values of 9.5 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 of this

document, we are proposing to approve

the District's wintertime oxygenated

gasoline rule, and if we finalize this

action as proposed, the fuel requirement

under CAA section 211(m) will be

fulfilled.

Conclusion with respect to Section

110 and Part D Requirements. Based on

our evaluation of the various SIP

requirements and submittals discussed

above, we conclude that upon our final

approval of the 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. The Area Must Have a Fully

Approved Maintenance Plan Under

CAA Section 175A

Section 107(d)(3)(E)(iv) of the CAA

requires, as a pre-condition to being

redesignated to attainment, that EPA has

fully approved a maintenance plan for

the area as meeting the requirements of

section 175A of the Act. Section 175A

sets forth the elements of a maintenance

plan for areas seeking redesignation

from nonattainment to attainment. We

interpret this section of the Act to

require, in general, the following core

elements: Attainment inventory,

maintenance demonstration, monitoring

network, verification of continued

attainment, and contingency plan. See

Calcagni memo 1992a.

The purpose of a maintenance plan is.

to provide for the maintenance of the

applicable NAAQS for at 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

10 years following the initial ten-year

maintenance period. To address the

possibility of future NAAQS violations,

the maintenance plan must contain

contingency measures, with a schedule

for implementation adequate to assure

prompt correction of any air quality

problems. The Redesignation Request

and Maintenance Plan for the Truckee

Meadows Carbon Monoxide NonAttainment Area (September 2005)

("Truckee Meadows CO Maintenance

Plan"), which was prepared by the

District AQMD and adopted by the

District Board of Health, 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 to be consistent with EPA's

most recent guidance on emissions

inventories for nonattainment 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

the baseline year because it represents a

year in which the Truckee Meadows

was in attainment of the CO. NAAQS.

See 70 FR 22803 (May 3, 2005). Based

on monitoring data collected 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 of 9

ppm. The baseline (2002) inventory in

the maintenance plan is not

documented in detail in the Truckee

Meadows CO Maintenance Plan itself

but is so documented in a separate SIP

submittal of the same date as the

Truckee Meadows CO Maintenance Plan

(November 4, 2005) of the 2002 CO

periodic inventory update.

As shown in table 1 below, 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, and railroads), and

on-road mobile sources (i.e., cars,

trucks, and motorcycles) and reflects

activity profiles and temperatures

characteristic of the 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 of Reno, 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 the basic

control measures relied upon for

attainment and maintenance of the 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 motor vehicles, and the

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 W ood Combustion .................................................................................................... 31,918 35,344 35,344

Miscellaneous Area Sources ...... ................................................................................................ 613 697 760

Aircraft .......................................................................................................................................... 4,175 4,748 5,175

Nonroad Gasoline Vehicles ......................................................................................................... 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 (assigned to 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

sources (including locomotives and

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aircraft) accounted for approximately

17% of the daily (wintertime) CO

emissions within Truckee Meadows in

2002.

The methodologies used by the

District AQMD to prepare the baseline

(2002) CO inventory, as described in the

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 to be reasonably

comprehensive and accurate.

2. Maintenance Demonstration

A State may generally demonstrate

maintenance of the NAAQS by either

showing that future emissions of a

.pollutant or its precursors will not

exceed the level of the attainment

inventory, or by modeling to show that

the future mix of sources and emissions

rates will not cause a violation of the

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 adjusting the 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 that were 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 of Washoe 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 the Federal Motor Vehicle

Control Program, the District's

oxygenated gasoline program, the State's

vehicle I/M program, and the District's

residential woodburning combustion

program.

Based on the 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 due to 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 District AQMD

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 of the emissions projections, we

find that the methods used to make the

future year projections are acceptable.

Assuming redesignation of Truckee

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) of Truckee Meadows in

the attainment year (2002), the flat trend

in CO emissions documented by the

maintenance plan (even assuming use of

the safety margin), and the expected

continuation of all of the measures that

brought the area to attainment, we find

that the plan adequately demonstrates

maintenance of the 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 of the

plan), the District AQMD indicates its

intention to continue to operate an air

quality monitoring network consistent

with 40 CFR part 58 to verify the

attainment status. The Truckee

Meadows CO Maintenance Plan also

states that, in addition, Washoe

County's CO monitoring network will be

reviewed annually pursuant to 40 CFR

58.20(d) to ensure the network meets

the monitoring objectives defined in 40

CFR part 58, appendix D.

4. Verification of Continued Attainment.

The District AQMD and NDEP have

the legal authority to implement and

enforce the requirements of the Truckee

Meadows CO Maintenance Plan. This

includes the authority to adopt,

implement and enforce any emission

control contingency measures

determined to be 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 of the Truckee

Meadows CO Maintenance Plan). The

District AQMD also intends to continue

residential wood combustion surveys on

a triennial basis to monitor changes in

the types and number of woodburning

devices operating, and the amount of

wood being burned, in Truckee

Meadows and thereby maintain up-todate information on this important CO

source category.

5: Contingency Plan

Section 175A(d) of the Act requires

that maintenance plans include

contingency provisions, as necessary, to

promptly correct any violations of the

NAAQS that occur after redesignation of

the area. Under section 175A(d),

contingency measures identified in the

contingency plan do not have to be fully

adopted at the time of redesignation.

However, the contingency plan is

considered to be 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 action by the State.

As a necessary part of the plan, the State

should also identify specific indicators

or triggers, which will be used to

determine when the contingency

measures need to be implemented.

The Truckee Meadows CO

Maintenance Plan includes a

contingency plan consisting of two tiers.

As background to the first tier, we note

that, under the District's emergency

episode plan, now codified as District

rule 050.001, an exceedance of the 8-.

hour CO NAAQS (i.e. a value exceeding

9 ppm (eight-hour average), which

means an actual recording of 9.5 ppm or

greater due to rounding conventions) at

any of the monitors located in the

Truckee Meadows area triggers a Stage

1 (Alert) Episode. Stage 1 (Alert)

Episode actions include cessation of

open burning and use of incinerators

that are subject to District AQMD

operating permits, and a request 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

of the burning of any solid fuel in

commercial or residential stoves and/or

fireplaces unless such fuels supply the

only heat available to the person

burning it. We approved the current

version of the District's emergency

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episode plan on June 18, 2007 (72 FR

33397).

Under tier 1 of the contingency plan,

the District would initiate a rulemaking

process to redefine the CO stage 1 (alert)

episode level from 9 ppm to 9.0 ppm.

This will have the effect of triggering the

actions cited above at pre-exceedance

levels due to the convention of rounding

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 9.5 ppm to 9.0

ppm. The plan indicates that the District

will adopt and implement this

regulatory change before the next CO

season following the triggering event.

Tier 2 will be triggered by a violation

of the CO NAAQS (i.e., a second nonoverlapping exceedance of the 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 of the

contingency plan, the District AQMD

will bring to the District Board of Health

(within 45 days of the 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 under the District's

wintertime oxygenated gasoline rule,

and a request to the State Environmental

Commission to revise certain provisions

of the vehicle I/M program to achieve

additional CO emissions reductions in

Truckee Meadows. The District AQMD

intends to update this list of potential

measures on a triennial basis.

EPA finds that the'contingency plan

provided in the maintenance plan is

adequate to ensure prompt correction of

a violation and thereby complies with

section 175A(d) of the Act.

6. Subsequent Maintenance Plan

Revisions

Section 175A(b) of the CAA requires

States to submit a subsequent

maintenance plan revision eight years

after the original redesignation request

and maintenance plan have been

approved by 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

of the Truckee Meadows CO

Maintenance Plan; the District has

committed (see page 16 of the Truckee

Meadows CO Maintenance Plan) to

prepare, adopt and submit a revised CO

maintenance plan eight 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 of the applicable NAAQS.

In this case, an MVEB represents the

total allowable CO emissions allocated

to highway and transit vehicle use

during the maintenance period. The

rules and requirements governing

transportation conformity (codified at

40 CFR part 93, subpart A) require

certain transportation activities to be

consistent with the MVEBs contained in

control strategy or maintenance SIPs (40

CFR 93.118). The projected emissions

resulting from the transportation

activities must be less than or equal to

the emissions budget levels (40 CFR

93.118(a)).

The MVEBs for years 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

to the difference between the projected

level of overall CO emissions in Truckee

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 to be

consistent with attainment or

maintenance of the NAAQS (whichever

is relevant to the particular plan). See 40

CFR 93.124(a). In this instance, the

safety margin has been explicitly

quantified and shown to be consistent

with continued maintenance of the CO

NAAQS in Truckee Meadows through

the applicable maintenance period. See

section IX.E.2 of this document.

We found the MVEBs in the 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 the maintenance plan budgets was

effective as of March 30, 2006.

Our adequacy finding is a preliminary

determination that MVEBs are

consistent with the purposes of the

submitted plan (in this case, a

maintenance plan) and does not

constitute an approval action, and in

today's action, EPA is taking the next

step by proposing to approve the

MVEBs in the Truckee Meadows CO

Maintenance Plan for transportation

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

On-Road Motor Vehicle Emissions Budgets 330,678

2016

321,319

8. Conclusion

Based on the review presented above

of the various elements of the submitted

plan, we propose to approve the

Truckee Meadows CO Maintenance Plan

as a revision to the Truckee Meadows

portion of the 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 of Health and

submitted by NDEP to EPA on

November 4, 2005, satisfies the

requirements of section 175A of the Act.

Our final approval of the Truckee

Meadows CO Maintenance Plan would

satisfy the criterion for redesignation

under CAA section 107(d)(3)(E)(iv).

X. Proposed Action and Request for

Comment

For the reasons given above, we are

proposing to approve, under section

110(k)(3) and part D (of title I) of the

Act, certain submittals by NDEP of

revisions t6 the Nevada SIP that are

required to provide for attainment of the

CO NAAQS in the Truckee Meadows

"moderate" CO nonattainment area, to

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approve a maintenance plan under

section 110(k)(3) and 175A of the Act,

and to approve, under section 107(d)(3)

of the Act, NDEP's request to

redesignate Truckee Meadows to

attainment for the CO NAAQS.

First, we are proposing to approve the

local oxygenated gasoline regulation

(Rule 040.095 of the Washoe County

District Board of Health Regulations

Governing Air Quality Management, as

amended on September 22, 2005) as

fulfilling the requirements of section

211(m) of the CAA.

Second, we are proposing to approve

the State of Nevada's SIP revisions

containing the "basic" vehicle I/M

program for Truckee Meadows because

we find that the program meets all

applicable requirements -under CAA

section 187(a)(4) and EPA regulations.

Specifically, we are proposing to

approve three I/M-related SIP revisions

submitted by NDEP:

(i) State Implementation Plan for a

Basic Program for the Inspection and

Maintenance of Motor Vehicles for the

Truckee Meadows Planning Area,

Nevada (June 1994), submitted on June

3, 1994; we are excluding the following

outdated or superseded elements

included in the June 3, 1994 SIP

revision: the statutory provisions and

rules, the exhaust gas analyzer

specifications, and a contingency

measure adopted by the Washoe County

District Board of Health;

(ii) Basic I/M Performance Standard

Evaluation for motor vehicles in the

Truck Meadows planning area,

submitted on November 2, 2006; and

(iii) Current Nevada I/M statutory

provisions and rules and updated

exhaust gas analyzer (NV2000)

specifications, submitted by NDEP on

May 11, 2007. Thesubmitted Nevada

I/M statutory provisions and regulations

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

the Legislative Counsel Bureau),

sections 445B.400 to 445B.735,

excluding subsection (2) of section

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 for government vehicles, and

any local rules related to mobile

sources) and is an update of the exhaust

gas analyzer specifications as approved

in 2004 for the State's I/M program in

Las Vegas and Boulder City.

In connection with the approval of the

State's I/M program, we are taking no

action on submitted rule NAC

445B.595(2), which extendsthe State's

I/M requirements to motor vehicles

operated on Federal iAstallations

located within I/M areas because the

Federal government has not waived

sovereign immunity in the context of

vehicle I/M programs. Furthermore, we

are proposing, under CAA section

110(k)(6), to rescind our previous, and

erroneous, approval of NAC 445B.595(2)

into the Nevada SIP in 2004, also on the

grounds of sovereign immunity.

Third, under section 107(d)(3), we are

proposing to approve NDEP's request

(dated November 4, 2005) to redesignate

the Truckee Meadows CO

nonattainment area to attainment. In so

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) of the CAA;

* The improvement in ambient CO

conditions in Truckee Meadows is due

to permanent and enforceable

reductions in emissions resulting from

implementation of the applicable SIP

and applicable Federal air pollutant

control regulations and other permanent

and enforceable reductions;

* The State has met all requirements

applicable to Truckee Meadows under

section 110 and part D (of title I) of the

CAA; 15 and

* The State has submitted a

maintenance plan, the Re'designation

Request and Maintenance Plan for the

Truckee Meadows Carbon Monoxide

Non-Attainment Area (September 2005)

("Truckee Meadows CO Maintenance

Plan"), adopted by the Washoe County

District Board of Health on September

22, 2005, and submitted by NDEP to

EPA on November 4, 2005, for which we

are proposing approval as a revision to

the Truckee Meadows portion of the

Nevada SIP.

15 With respect to this criterion, we will not

finalize this proposed redesignation until we have

finalized proposed approvals of the District's

wintertime oxygenated gasoline rule and the State's

basic I/M program, both of which are addressed

herein. Also, we find that we need not fully

approve either the District's nonattainment new

source review rules or conformity rules as a precondition to redesignation of Truckee Meadows to

attainment for the CO NAAQS.

In connection with the Truckee

Meadows CO Maintenance Plan, we

find the following plan elements to be

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

of residential 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

of the stage 1 (alert) episode level (tier

1) by the next CO-season and the second

involving a recommendation and

timetable for action by the Washoe

County District Board of Health 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 of the CO NAAQS after

redesignation;

* Commitment to prepare and submit

a subsequent CO maintenance plan for

the Truckee Meadows area. eight years

after redesignation; and

& CO motor vehicle emissions

budgets (in terms of pounds 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 of this proposed SIP and

redesignation rulemaking action. We

will consider your comments in

deciding our final action if your

comments -are received by February 6,

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 by the Office of Management and

Budget. For this reason, this proposed

action is also not subject to Executive

Order 13211, "Actions Concerning

Regulations That Significantly Affect

Energy Supply, Distribution, or Use" (66

FR 28355, May 22, 2001). This proposed

action merely proposes to approve state

plan revisions as mbeting Federal

requirements and redesignate an area to

attainment for air quality planning

purposes and imposes no additional

requirements beyond those imposed by

I

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state law. Accordingly, the

Administrator certifies that this

proposed rule will not have a significant

economic impact on a substantial

number of small 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 not impose

any additional enforceable duty beyond

that required by state law, it does not

contain any unfunded mandate or

significantly or uniquely affect small

governments, as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104-4).

This proposed rule also does not have

tribal implications because it will not

have a substantial direct effect on one or

more Indian tribes, on the relationship

between the Federal Government and

Indian tribes, or on the distribution of

power and responsibilities between the

Federal Government and Indian tribes,

as specified by Executive Order 13175

(65 FR 67249, November 9, 2000). This

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 of power and

responsibilities among the various

levels of government, 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

of power and responsibilities

established in the Clean Air Act. This

rule also is not subject to Executive

Order 13045 "Protection of Children

from Environmental Health Risks and

Safety Risks" (62 FR 19885, April 23,

1997), because it is not economically

significant as defined in Executive

Order 12866, and because the Agency

does not have reason to believe 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 of the Clean Air

Act. In this context, in the absence of a

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 fok EPA, when it reviews

a SIP submission or redesignation

request, to use VCS in place of a SIP

submission that otherwise satisfies the

provisions of the Clean Air Act. Thus,

the requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of-1995 (15 U.S.C.

272 note) do not apply. This proposed

rule does not impose an information

collection burden under the provisions

of the Paperwork Reduction Act of 1995

* (44 U.S.C. 3501, et seq.).

List of Subjects

40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Intergovernmental relations, Reporting

and recordkeeping requirements.

40 CFR Part 81

Environmental protection, Air

pollution control, National parks,

Wilderness areas.

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

Dated: December 26, 2007.

Jaie Diamond,

Acting Regional Administrator, Region IX.

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

BILLING CODE 6560-50-P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 76

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

Exclusive Service Contracts for

Provision of Video Services in Multiple

Dwelling Units and Other Real Estate

Developments

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Further Notice of

Proposed Rulemaking ("Notice") solicits

comment on whether providers of Direct

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 of video programming service

from using exclusive marketing

arrangements (which allow one MVPD

to be the preferred video provider in an

MDU) and bulk billing arrangements

(which require MDU dwellers.to pay for

a video provider in their rental or

condominium fees). The intended effect

of the Notice is to determine whether

each of these practices benefits or harms

video consumers in MDUs on the

whole.

DATES: Comments for this proceeding

are due on or before February 6, 2008;

reply comments are due on or before

March 7, 2008.

ADDRESSES: You may submit comments,

identified by MB Docket No. 07-51, by

any of the following methods:

* Federal eRulemaking Portal: http://

www.regulations.gov. Follow the

instructions for submitting comments.

* Federal Communications

Commission's Web 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

or phone: 202-418-0530 or TTY: 202-

418-0432.

For detailed instructions for

submitting comments and additional

information on the rulemaking process,

see the SUPPLEMENTARY INFORMATION

section of this 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 of the

Policy Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a

summary of the Federal

Communications Commission's Further

Notice of Proposed Rulemaking in MB

Docket No. 07-51, FCC 07-189, adopted

October 31, 2007, and released

November 13, 2007. The full text of this

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 also be 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

to fcc504@fcc.gov or call the

Commission's Consumer and

Governmental Affairs Bureau at (202)

418-0530 (voice), (202) 418-0432

(TTY).

1195

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