[Federal Register Volume 69, Number 182 (Tuesday, September 21, 2004)]
[Rules and Regulations]
[Pages 56351-56355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-21064]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[NV-043-080; FRL-7801-8]
Approval and Promulgation of Implementation Plans; State of
Nevada; Las Vegas Valley Carbon Monoxide Nonattainment Area
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is taking final action under the Clean Air Act to approve
State implementation plan revisions submitted by the State of Nevada to
provide for attainment of the carbon monoxide national ambient air
quality standards in Las Vegas Valley, including an alternate low
enhanced vehicle inspection and maintenance program, State and local
wintertime gasoline rules, and motor vehicle emissions budgets for
transportation conformity.
DATES: This rule is effective on October 21, 2004.
ADDRESSES: You can inspect copies of the docket for this action during
normal business hours at EPA's Region IX office. You can inspect copies
of the submitted SIP materials at the following locations:
U.S. EPA, Region IX, 75 Hawthorne Street, San Francisco, CA 94105-3901.
Nevada Dept. of Conservation and Natural Resources, Division of
Environmental Protection, 333 West Nye Lane, Room 138, Carson City, NV
89706.
Clark County Department of Air Quality Management, 500 S. Grand Central
Parkway, Las Vegas, NV 89155.
Electronic Availability
This document and the Response to Comments Document for this action
are also available as electronic files on EPA's Region IX Web Page at
http://www.epa.gov/region09/air.
FOR FURTHER INFORMATION CONTACT: Karina O'Connor, Air Planning Office
(AIR-2), Air Division, U.S. EPA, Region IX, (775) 833-1276, or
[email protected].
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,''
and ``our'' refer to EPA.
I. Proposed Action
On January 28, 2003 (68 FR 4141), with the exception of two
individual contingency measures that we proposed to disapprove, we
proposed to approve the following state implementation plan (SIP)
revisions submitted by the State of Nevada to provide for attainment of
the carbon monoxide (CO) national ambient air quality standards (NAAQS)
under the Clean Air Act, as amended in 1990 (CAA or ``Act''), in the
``serious'' Clark County CO nonattainment area, which is defined as
State hydrographic area 212 and referred to as the ``Las Vegas
Valley'':
(1) State of Nevada State Implementation Plan for an Enhanced
Program for the Inspection and Maintenance of Motor Vehicles for Las
Vegas Valley and Boulder City (March 1996) submitted by the Nevada
Division of Environmental Protection (NDEP) on March 20, 1996;
(2) Carbon Monoxide State Implementation Plan, Las Vegas Valley
Nonattainment Area, Clark County, Nevada (August 2000) (``2000 CO
plan'') adopted by the Clark County Board of Commissioners on August 1,
2000, and submitted by NDEP on August 9, 2000, which addresses
requirements under the Act for notice and adoption, baseline and
projected emissions inventories, the reasonable further progress (RFP)
demonstration, the attainment demonstration, vehicle miles traveled
(VMT) forecasts, and which also includes updated vehicle inspection and
maintenance (I/M) program materials, Clark County's Cleaner Burning
Gasoline (CBG) program, an alternative fuel program for government
vehicles, voluntary transportation control measures (TCMs), a
determination that stationary sources do not contribute significantly
to CO levels, contingency measures\1\, commitments for further
submittals and control measures, as needed, and CO emissions budgets
for transportation conformity purposes;
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\1\ In this notice, we are not taking final action on the
contingency provisions (i.e., contingency measures and related
commitments in the 2000 CO plan) in part because we have not yet
received the quantitative analysis (using MOBILE6) of CO emissions
reductions associated with implementation of standardized On-Board
Diagnostics systems (OBD II) testing, which was the one contingency
measure that we had proposed to approve. We had anticipated
submittal of this information by early 2003. See the related
discussion in our proposed rule at 68 FR 4155, column 2. Our
decision not to proceed with final action on the contingency
provisions in this notice has no immediate practical effect because
we are taking final action herein to approve OBD II testing into the
SIP, not as a contingency measure, but rather as a part of the
vehicle I/M program. In other words, we are finalizing our approval
of the vehicle I/M program, which includes OBD II testing, but are
not finalizing our determination from the proposal that OBD II
testing, while serving as a required element of the vehicle I/M
program, also provides for compliance with the contingency provision
requirements under section 187(a)(3) of the Act. We will be
addressing the contingency provision requirements for Las Vegas
Valley under section 187(a)(3) in a separate rulemaking. Please see
our response to NEC comment 37 in our Response to Comments
document for our rationale and authority for taking final action on
the RFP and attainment demonstrations in the 2000 CO plan while
deferring action on the contingency measures.
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(3) Supplemental CO SIP materials submitted by NDEP on January 30,
2002, including updated State regulations implementing the vehicle I/M
program, other updated I/M program materials, and a draft regulation
establishing procedures for on-board diagnostics systems testing of
newer vehicles; and
(4) Supplemental CO SIP materials submitted by NDEP on June 4,
2002, including updated State statutes governing the I/M program, other
updated vehicle I/M program materials, and the State regulation
implementing the Reid Vapor Pressure (RVP) specification for wintertime
gasoline sold in Clark County.
The proposal contains detailed information on the four SIP
submittals listed above and our evaluation of the submittals against
applicable CAA provisions and EPA regulations and policies relating to
serious area CO SIPs.
In the proposed rule, we indicated that we were proposing approval
of certain portions of the SIP submittals based on draft rules and that
our final approval would not occur until we had received final adopted
rules from the State. As discussed in the following paragraphs, the
State has submitted the final adopted rules called for in the proposed
rule, and in this action, we are
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approving them as revisions to the Nevada SIP.
By letters dated September 9 and 24, 2003, NDEP submitted SIP
revisions that included Regulation R178-01 adopted by the Nevada
Department of Motor Vehicles (DMV) on July 11, 2002 establishing the
standardized On-Board Diagnostics systems (also known as ``OBD II'')
test procedures for Nevada's vehicle I/M program and related public
notice and hearing materials. The regulatory changes to the Nevada
Administrative Code under adopted regulation R178-01 were made
effective as of August 21, 2002. (The September 24th SIP submittal
included a replacement version of Regulation R178-01 because the
September 9th version of that adopted regulation was missing pages that
inadvertently had been omitted from the earlier submittal.) In the
proposed rule, we indicated that we would not take final action on the
vehicle I/M program until we received the final adopted version of
regulations establishing test procedures and equipment used for
inspecting certified on-board diagnostics systems. See 68 FR 4141, at
4150, column 1 (January 28, 2003). These two SIP submittals contain the
necessary final adopted regulations and supporting materials and
thereby provide us with the basis to finalize our proposed approval of
the vehicle I/M program for Las Vegas Valley and Boulder City. The
final adopted regulation is consistent with the draft regulation that
provided the basis for our proposed approval of the vehicle I/M program
for Las Vegas Valley and Boulder City.
The September 9th SIP submittal also contains State statutes
providing for the ``alternate low'' enhanced vehicle I/M program in Las
Vegas Valley and Boulder City. These statutes represent an update to
the corresponding statutes that were included as part of the SIP
submittal dated March 20, 1996 (listed above), and referred to in the
proposed rule as the ``1996 vehicle I/M submittal.'' See 68 FR 4141, at
4143, column 1 (January 28, 2003). The updated statutes largely reflect
administrative changes in the statutes and are equivalent in all
significant respects to those submitted to EPA in 1996 and listed in
the proposed rule.
Lastly, by letter dated November 10, 2003, NDEP submitted a SIP
revision including the following updated Clark County fuel regulations:
section 53 (oxygenated gasoline program) and section 54 (cleaner
burning gasoline (CBG): Wintertime program), which had been adopted by
the Clark County Board of County Commissioners on May 20, 2003, and
made effective June 3, 2003. The revisions to sections 53 and 54 are
administrative in nature and reflect the transfer of air pollution
control authority in Clark County to the Clark County Board of County
Commissioners. This completes a sequence of transfers of authority that
began in mid-2001 with the transfer of air pollution control authority
in Clark County from the Clark County District Board of Health, which
originally adopted these rules and which oversaw the Air Quality
Division of the Clark County Health District, to the Clark County Board
of County Commissioners sitting as the short-lived ``Clark County Air
Quality Management Board,'' and then more recently to the Clark County
Board of County Commissioners.
The Clark County Board of County Commissioners oversees the
Department of Air Quality Management (DAQM), which took over the
responsibilities of the former Air Quality Division of the Clark County
Health District as well as the air quality planning responsibilities of
the Clark County Department of Comprehensive Planning. We had made
submittal of the updated section 54 a condition on our final approval
of that rule. See 68 FR 4141, at 4152, column 3 (January 28, 2003). The
State's November 10th submittal satisfies this condition allowing us to
take final action on the rule.
In 1999, we approved section 53 as a revision to the Nevada SIP.
See 64 FR 29573 (June 2, 1999). Like section 54, the amended version of
section 53 submitted to EPA as part of the November 10th SIP submittal
simply reflects the change in the applicable administrative agency for
air pollution control purposes in Clark County.
We are taking final action on the September 9 and 24, 2003 and
November 10, 2003 SIP submittals in this final rule without additional
notice and comment because the updated I/M-related statutes and fuel
regulations differ in only minor respects from those statutes that were
previously listed in the proposal, or in the case of section 53, the
updated regulation reflects only administrative changes. In addition,
the proposal adequately described and evaluated the provisions
requiring on-board diagnostics systems checks based on submitted draft
regulations under EPA's ``parallel processing'' procedure, (see 68 FR
4141, at 4143, column 3 (January 28, 2003)), and the approval of the
CBG rule was conditioned upon submittal of the updated rule (see 68 FR
4141, at 4151, column 2 (January 28, 2003)).
II. Public Comments
EPA's proposed action provided for a 30-day public comment period.
During this period, we received comments from the following parties:
(1) Peter Krueger, Nevada Emission Testers Council, letter dated
February 19, 2003, providing comments related to possible Legislative
action to reduce the frequency of testing under the vehicle I/M
program;
(2) Edward C. Barry, Chemical Lime Company, letter dated February
24, 2003, providing comments related to the CO emissions estimate in
the 2000 CO plan for its facility;
(3) Fredrick R. Slater, Kerr-McGee Chemical, LLC, letter dated
February 26, 2003, providing comments related to an alternative
approach (i.e., to finalizing the action as proposed) involving
redesignation and working with the County to develop a maintenance
plan; and
(4) Robert W. Hall, Nevada Environmental Coalition, Inc., letter
dated February 27, 2003, providing comments related to virtually all
aspects of the CO SIP revision submittals and EPA's related proposed
approval, including statutory and regulatory authority, CO emissions
inventory and projections, ambient CO monitoring network, notice and
public hearing, use of EPA guidance in evaluating SIP submittals, the
vehicle I/M program, EPA's parallel processing procedure, evaluation of
non-fuel measure alternatives, the attainment demonstration, the status
of the (stationary source) new source review program, the forecasts of
vehicle miles traveled (VMT), contingency measures, transportation
conformity, and EPA enforcement of SIP rules.
Responses to all comments can be found in our Response to Comments
Document that accompanies this final action. A copy of the Response to
Comments Document can be downloaded from our website or obtained by
calling or writing the contact person listed above. The comments led us
to look more carefully at certain aspects of the plan and certain
aspects of our proposed approval; however, with the exception of the
contingency provisions (for which we are not taking final action in
this notice), we have not changed our conclusions that the various SIP
revisions submitted for the Las Vegas Valley CO nonattainment area
comply with CAA CO nonattainment planning requirements.
III. EPA Action
Pursuant to section 110(k)(3) of the Act, we are finalizing the
following
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actions on the various SIP submittals for the Las Vegas Valley
``serious'' CO nonattainment area in Clark County, Nevada. For each
action, we indicate the page or pages on which the element is discussed
in our proposal.
(1) Approval of procedural requirements, under section 110(a)(1) of
the Act--see 68 FR 4144;
(2) Approval of baseline and projected emission inventories, under
sections 172(c)(3) and 187(a)(1) of the Act and approval of reasonable
further progress, under sections 172(c)(2) and 187(a)(7) of the Act--
see 68 FR 4144-4146;
(3) Approval of attainment demonstration, under section 187(a)(7)
of the Act--68 FR 4146-4147;
(4) Approval of the ``alternate low'' vehicle I/M program for Las
Vegas Valley and Boulder City under section 187(a)(6) of the Act--see
68 FR 4147-4150. Specifically, we approve the statutory and regulatory
basis for the program set forth in Nevada Revised Statutes (NRS), title
40, section 445B.210 and sections 445B.700-445B.845, and title 43,
sections 481.019-481.087, 482.155-482.290, 482.385, 482.461, 482.565,
and 484.644-484.6441, as amended by the State of Nevada through the
2001 Legislative sessions, and Nevada Administrative Code (NAC),
chapter 445B, sections 445B.400-445B.735 (excluding sections 445B.576,
445B.577, and 445B.578, which are associated with restrictions on
visible emissions and on idling of diesel vehicles not required by EPA
I/M program requirements), as amended through March 8, 2002 by the
Nevada State Environmental Commission and the Nevada Department of
Motor Vehicles, and also Regulation R178-01 as adopted by the Nevada
Department of Motor Vehicles on July 11, 2002 (made effective August
21, 2002) establishing on-board diagnostics systems testing procedures
for Nevada's vehicle I/M program. Upon the effective date of this final
rule, the amended Nevada vehicle I/M program described in this notice
will supercede the existing vehicle I/M program approved by EPA in 1981
and 1984 as it relates to Las Vegas Valley and Boulder City;
(5) Approval of the State's low RVP wintertime requirement for
gasoline sold in Clark County--see 68 FR 4150-4151. Specifically, we
propose to approve Nevada Administrative Code section 590.065 as
adopted on October 28, 1998 by the State Board of Agriculture;
(6) Approval of Clark County air quality regulation section 54
(Cleaner Burning Gasoline (CBG): Wintertime Program) under section
211(c)(4)(C) of the Act, as adopted by the Clark County Board of County
Commissioners on May 20, 2003 (effective June 3, 2003)--see 68 FR 4151-
4152;
(7) Approval of RTC's CAT MATCH commuter incentive program under
section 187(b)(2) of the Act and our voluntary mobile source emissions
reduction program policy--see 68 FR 4152-4153. Specifically, we approve
the CAT MATCH guidelines as set forth in the Clark County Regional
Transportation Commission's Resolution No. 177, adopted on June 10,
1999, and the commitments to implement and monitor the program, to
prepare annual reports and to remedy, in a timely manner, any shortfall
of emissions reductions, as set forth in the Clark County Regional
Transportation Commission's Resolution No. 186, adopted on June 8,
2000;
(8) Approval of the Alternative Fuels Program for government
vehicles in Clark County--see 68 FR 4153. Specifically, we approve the
regulations set forth in Nevada Administrative Code chapter 486A, as
amended through April 20, 2000 by the State Environmental Commission;
(9) Approval of a determination that stationary sources do not
contribute significantly to ambient CO levels in the Las Vegas CO
nonattainment area for the purposes of section 187(c) of the Act--see
68 FR 4153-4154;
(10) Approval of VMT forecasts and the responsible agencies'
commitments to revise and replace the VMT projections as needed and
monitor actual VMT levels in the future, under section 187(a)(2)(A) of
the Act--see 68 FR 4154. Specifically, we approve the Clark County
Regional Transportation Commission's commitments to prepare VMT
estimates, forecasts, and annual VMT tracking reports as set forth in
Resolution No. 149, as adopted on July 13, 1995;
(11) Approval of the CO motor vehicle emissions budgets for 2000
(310.2 tons per day), 2010 (329.5 tons per day), and 2020 (457.4 tons
per day) as meeting the purposes of section 176(c)(1) and the
transportation conformity rule at 40 CFR 93, subpart A--see 68 FR 4155-
4156; and
(12) Approval of amended Clark County SIP rule (section 53--
Oxygenated Gasoline Program), adopted by the Clark County Board of
County Commissioners on May 20, 2003 (effective June 3, 2003) making
administrative changes to substitute the Clark County Board of County
Commissioners and Department of Air Quality Management for its
corresponding predecessors, the Clark County Board of Health and the
Air Quality Division of the Clark County Health District. NDEP
submitted this revised SIP rule with a similarly-revised version of
Clark County air quality regulation section 54 to EPA as a SIP revision
on November 10, 2003. Section 553 of the Administrative Procedure Act,
5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds
that notice and public procedures are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. We have
determined that there is such good cause for making our approval of
amended Clark County air quality regulation section 53 (Oxygenated
Gasoline Program), as adopted on May 20, 2003, final without prior
proposal and opportunity for comment because the amended rule merely
substitutes the current local administrative agency for its
predecessor. Thus, notice and public procedure are unnecessary. Upon
the effective date of this final rule, the amended section 53 will
supercede the existing SIP section 53, approved by EPA on June 2, 1999
(see 64 FR 29573), in the Nevada SIP.
IV. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
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 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 action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this 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 approves 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 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,
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as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
This 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 approves a state rule implementing a Federal
standard, 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.
In reviewing SIP submissions, 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 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 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 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.).
The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
section 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by November 22, 2004. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this rule for the purposes of judicial
review nor does it extend the time within which a petition for judicial
review may be filed, and shall not postpone the effectiveness of such
rule or action. This action may not be challenged later in proceedings
to enforce its requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Carbon monoxide,
Incorporation by reference, Intergovernmental relations, Reporting and
recordkeeping requirements.
Dated: July 23, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart DD--Nevada
0
2. Section 52.1470 is amended by adding paragraphs (c)(46), (c)(47),
(c)(48), (c)(49), (c)(50), (c)(51), and (c)(52) to read as follows:
Sec. 52.1470 Identification of plan.
* * * * *
(c) * * *
(46) The following plan revision was submitted on March 20, 1996,
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) State of Nevada State Implementation Plan for an Enhanced
Program for the Inspection and Maintenance of Motor Vehicles for Las
Vegas Valley and Boulder City, Nevada, revised March 1996, transmitted
by letter dated March 20, 1996, including the cover page through page
15, appendix 1 (only the Nevada attorney general's opinion and
memorandum dated November 15, 1993 and June 29, 1994, respectively),
and appendices 2 through 9.
(47) The following plan revision was submitted on August 9, 2000,
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) Carbon Monoxide State Implementation Plan, Las Vegas Valley
Nonattainment Area, Clark County, Nevada, August 2000, adopted on
August 1, 2000, including the following sections within which certain
exceptions are noted but excluding all sections not specifically cited:
chapters 1 through 8 (with the exception of chapter 7, subsection
7.2.2, ``Contingency Measures''); appendix A, ``Emissions Inventory'',
sections 1 through 7, and section 8--``Annexes'' (with the exception of
appendix E, ``Quality Assurance/Quality Control''); appendix B,
``Transportation Documentation'', section 1; appendix D, ``Regulations,
Policies and Public Participation Documentation'', section 1--``Cleaner
Burning Gasoline (CBG) Regulations and Supporting Documentation'' (with
the exception of District Board of Health of Clark County Air Pollution
Control Regulations section 54 as adopted on April 22, 1999), section
2, section 3, section 4--``Nevada Administrative Code, Chapter 445B:
Technician Training and Licensing'' (with the exception of NAC
445B.485-445B.487, 445B.489-445B.493, and 445B.495-445B.498), and
sections 5 through 9; and appendix E, ``Supplemental Technical Support
Documentation'', sections 1 through 4, and 7.
(48) The following plan revision was submitted on January 30, 2002
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended regulations implementing Nevada's vehicle
inspection and maintenance program in Las Vegas Valley and Boulder
City: Nevada Administrative Code, chapter 445B, sections 445B.400-
445B.774 (i.e., ``Emissions from Engines''), including the sections
under the subheadings ``General Provisions,'' ``Facilities for
Inspection and Maintenance,'' ``Inspectors,'' ``Exhaust Gas
Analyzers,'' ``Control of Emissions: Generally'' [excluding sections
445B.576-445B.578, and excluding section 445B.594 (``Inspections
required in Washoe County'')], ``Restored Vehicles,'' ``Miscellaneous
Provisions,'' but excluding the sections under the subheading ``Control
of Emissions: Heavy-Duty Motor Vehicles'' (i.e., sections 445B.737-
445B.774), codification as of February 2002 by the Legislative Counsel
Bureau.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) NV2000 Analyzer Electronic Data Transmission Equipment
Specifications
[[Page 56355]]
(June 15, 2000), revision 5, November 8, 2000.
(49) The following plan revisions were submitted on June 4, 2002 by
the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to Nevada's vehicle inspection
and maintenance program in Las Vegas Valley and Boulder City, as
amended through the 2001 Legislative sessions: Nevada Revised Statutes,
title 40, chapter 445B, sections 445B.210, 445B.700, 445B.705,
445B.710, 445B.715, 445B.720, 445B.725, 445B.730, 445B.735, 445B.740,
445B.745, 445B.750, 445B.755, 445B.758, 445B.760, 445B.765, 445B.770,
445B.775-445B.778, 445B.780, 445B.785, 445B.790, 445B.795, 445B.798,
445B.800, 445B.805, 445B.810, 445B.815, 445B.820, 445B.825, 445B.830,
445B.832, 445B.834, 445B.835, 445B.840, and 445B.845, and title 43,
chapter 482, section 482.461, transmitted by letter dated June 4, 2002.
(2) New regulation establishing the State's low Reid Vapor Pressure
wintertime requirement for gasoline sold in Clark County: Nevada
Administrative Code, chapter 590, section 590.065 as adopted on October
28, 1998 (made effective December 14, 1998) by the State Board of
Agriculture.
(3) Regulation R017-02, adopted on March 8, 2002 by the Nevada
State Environmental Commission: New or amended rules in Chapter 445B of
the Nevada Administrative Code removing the limitation on applicability
of, and removing the restrictive trigger for effectuating the
implementation of, the on-board diagnostics systems test for Nevada's
vehicle inspection and maintenance program.
(ii) Additional material.
(A) Nevada Division of Environmental Protection.
(1) Contract between Nevada Department of Motor Vehicles and MD
LaserTech for on-road testing services, dated January 15, 2002.
(50) The following plan revision was submitted on September 9, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) New or amended statutes related to Nevada's vehicle inspection
and maintenance program in Las Vegas Valley and Boulder City, as
amended through the 2001 Legislative sessions: Nevada Revised Statutes,
title 43, chapter 481, sections 481.019, 481.023, 481.027, 481.031,
481.035, 481.043, 481.047, 481.0473, 481.0475, 481.0477, 481.048,
481.0481, 481.051, 481.052, 481.055, 481.057, 481.063, 481.065,
481.079, 481.081, 481.082, 481.083, 481.085, and 481.087; title 43,
chapter 482, sections 482.155, 482.160, 482.162, 482.165, 482.170,
482.171, 482.173, 482.175, 482.180, 482.1805, 482.181, 482.183,
482.186-482.188, 482.205, 482.206, 482.208, 482.210, 482.215, 482.216,
482.220, 482.225, 482.230, 482.235, 482.240, 482.245, 482.255, 482.260,
482.265-482.268, 482.270, 482.2703, 482.2705, 482.271, 482.2715,
482.2717, 482.272, 482.274, 482.275, 482.280, 482.2805, 482.2807,
482.281, 482.283, 482.285, 482.290, 482.385, and 482.565; and title 43,
chapter 484, sections 484.644 and 484.6441, transmitted by letter dated
September 9, 2003.
(51) The following plan revision was submitted on September 24,
2003 by the Governor's designee.
(i) Incorporation by reference.
(A) Nevada Division of Environmental Protection.
(1) Regulation R178-01, adopted on July 11, 2002 by the Nevada
Department of Motor Vehicles (and made effective August 21, 2002): New
or amended rules in Chapter 445B of the Nevada Administrative Code
establishing on-board diagnostics systems test procedures for Nevada's
vehicle inspection and maintenance program.
(52) The following plan revision was submitted on November 10, 2003
by the Governor's designee.
(i) Incorporation by reference.
(A) Clark County Department of Air Quality Management.
(1) New or amended Section 53--Oxygenated Gasoline Program, and
Section 54--Cleaner Burning Gasoline (CBG): Wintertime Program, adopted
on May 20, 2003 (made effective June 3, 2003).
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[FR Doc. 04-21064 Filed 9-20-04; 8:45 am]
BILLING CODE 6560-50-P