[Federal Register Volume 73, Number 129 (Thursday, July 3, 2008)]
[Rules and Regulations]
[Pages 38124-38132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15015]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R09-OAR-2007-0561; FRL-8555-1]


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: Final rule.

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SUMMARY: EPA is approving 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 evaluation), 
current statutory provisions and State rules governing mobile sources, 
a maintenance plan and related motor vehicle emissions budgets. EPA is 
also approving Nevada's request to redesignate the Truckee Meadows 
carbon monoxide nonattainment area to attainment. EPA is deferring 
action on the proposal to rescind a provision previously approved in 
the plan and related to inspection and maintenance of vehicles operated 
on Federal installations. EPA is taking these actions pursuant to those 
provisions of the

[[Page 38125]]

Clean Air Act that obligate the Agency to take action on submittals of 
revisions to state implementation plans and requests for redesignation. 
This action makes 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.

DATES: Effective Date: This rule is effective on August 4, 2008.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2007-0561 for 
this action. The index to the docket is available electronically at 
http://www.regulations.gov and in hard copy at EPA Region IX, 75 
Hawthorne Street, San Francisco, California. While all documents in the 
docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Eleanor Kaplan, EPA Region IX, (415) 
947-4147, [email protected].

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

Table of Contents

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

I. Proposed Action

    On January 7, 2008 (73 FR 1175), under section 110(k)(3) of the 
Clean Air Act, as amended in 1990 (CAA or ``Act''), EPA proposed 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 proposed to approve are listed in the following 
table:

 
------------------------------------------------------------------------
                                                       State of Nevada
 Plan, plan element or rule     Adoption date(s)      submittal date(s)
------------------------------------------------------------------------
Washoe County District Board  Originally adopted    Submitted on Apr.
 of Health Regulations         on Dec. 21, 1988      14, 1991; re-
 Governing Air Quality         and amended on Apr.   submitted as
 Management, section 040.095   18, 1990; amended     amended on Nov. 13,
 (``Oxygen content of motor    on Sept. 23, 1992;    1992; re-submitted
 vehicle fuel'').              amended on Sept.      as amended on Nov.
                               22, 2005.             4, 2005.
State Implementation Plan     Regulations adopted   June 3, 1994.
 for a Basic Program for the   at various times by
 Inspection and Maintenance    the State
 of Motor Vehicles for the     Environmental
 Truckee Meadows Planning      Commission and
 Area, Nevada (June 1994).     Department of Motor
                               Vehicles but
                               superseded by SIP
                               revision submittal
                               dated May 11, 2007,
                               as listed below.
Basic I/M Performance         Sept. 28, 2006......  Nov. 2, 2006.
 Standard Evaluation.
Nevada Mobile Source SIP,     Regulations adopted   May 11, 2007.
 Update of the Regulatory      at various times by
 Element (May 11, 2007).       State Environmental
                               Commission and
                               Department of Motor
                               Vehicles.
Redesignation Request and     Sept. 22, 2005......  Nov. 4, 2005.
 Maintenance Plan for the
 Truckee Meadows Carbon
 Monoxide Non-Attainment
 Area (September 2005).
------------------------------------------------------------------------

    Specifically, we proposed 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''). In 
our proposed rule, we found that District rule 040.095 fulfills the 
requirements of section 211(m) of the Act and applicable EPA 
regulations.
    We also proposed 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 proposed 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. Among 
other items, NDEP's Mobile Source SIP Update contains current I/M-
related statutory provisions, regulations, and updated exhaust gas 
analyzer specifications.\1\ Based on our review of the various elements 
of the program, we proposed to approve the basic I/M program for 
Truckee Meadows as meeting the requirements of CAA section 187(a)(4) 
and our implementing regulations, including the ``basic'' performance 
standard that applies to ``moderate'' CO nonattainment areas with 
design values less than 12.7 ppm (such as Truckee Meadows).
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    \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 I/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 I/M-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 I/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).
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    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 proposed no action on submitted rule Nevada 
Administrative Code (NAC) subsection 445B.595(2) (``NAC 445B.595(2)''), 
which relates to State I/M requirements for motor vehicles operated on 
Federal

[[Page 38126]]

installations located within I/M areas, because of sovereign immunity 
concerns. Furthermore, we proposed, under CAA section 110(k)(6), to 
rescind our previous approval of NAC 445B.595(2) into the Nevada SIP in 
2004 because we believed that we had approved it in error, also on the 
grounds of sovereign immunity. For the reasons given below in response 
to NDEP's comments on our proposal, we are separating our actions on 
NAC 445B.595(2) (i.e., both the proposed ``no action'' on the submitted 
rule (and current codification of) NAC 445B.595(2) and the proposed 
correction) from the rest of the actions proposed on January 7, 2008 
and intend to re-propose action on NAC 445B.595(2) in a future Federal 
Register document.
    In our January 7, 2008 proposed rule, we proposed to approve NDEP's 
SIP revision submittal (dated November 4, 2005) of the Redesignation 
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. In connection 
with our proposed approval of the Truckee Meadows CO Maintenance Plan, 
we proposed to approve 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 
found that the Truckee Meadows CO Maintenance Plan meets the 
requirements for maintenance plans under section 175A of the Act.
    Lastly, based on our evaluation of the various SIP requirements and 
submittals discussed above, we concluded that, upon our final approval 
of the SIP submittals evaluated in the proposed rule, the State will 
have met all section 110 and part D requirements that apply to the 
Truckee Meadows moderate CO nonattainment area and thereby satisfied 
the criteria for redesignation under CAA section 107(d)(3)(E) and 
proposed to approve the State's request (dated November 4, 2005) for 
redesignation of Truckee Meadows to attainment accordingly.\2\
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    \2\ The 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 proposed to approve the first and second of the 
three measures in our January 7, 2008 proposed rule. We approved the 
third measure (the residential wood combustion rule) in a separate 
document in 2007. See 72 FR 33397 (June 18, 2007). In our proposed 
rule, we indicated that we would not finalize the redesignation 
until we take final action approving the oxygenated gasoline rule 
and the I/M program. In today's action, we are finalizing approvals 
of both the oxygenated gasoline rule and the I/M program, thereby 
fulfilling a prerequisite to the final redesignation action which we 
are also taking today. Also, for reasons set forth in the proposed 
rule, 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.
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    Please see the proposed rule for additional information on the 
various SIP revision submittals and the redesignation request and on 
our corresponding evaluation and rationale for proposed action.

II. Public Comments

    EPA's January 7, 2008 proposed rule provided a 30-day public 
comment period. Comments were received from the Air Quality Management 
Division (AQMD) of the Washoe County District Health Department, the 
Nevada Division of Environmental Protection (NDEP), and the Western 
States Petroleum Association (WSPA). Responses to the comments from 
each entity are provided below.
    Comment #1: By letter dated January 23, 2008, AQMD notes that, 
since adoption of the maintenance plan, EPA has reorganized the rules 
in 40 CFR part 58 and relocated the requirements for annual assessments 
of monitoring networks from 40 CFR 58.20(d) to 58.10, and that the 
maintenance plan refers in two places to the former rather than the 
latter.
    Response #1: AQMD is correct. EPA has relocated the requirements 
for annual assessments of monitoring networks from 40 CFR 58.20 to 
58.10. We encourage AQMD to include the updated regulatory reference in 
any subsequent maintenance plan for the area.
    Comment #2: By letter dated January 30, 2008, NDEP requests a 30-
day extension of the comment period to assess the implications of EPA's 
proposed rescission, under CAA section 110(k)(6) error correction 
authority, of a previously approved provision related to inspection and 
maintenance (I/M) of vehicles operated on Federal installations (i.e., 
NAC 445B.595(2)). By letter dated January 31, 2008, NDEP withdraws its 
request for an extension of the public comment period with respect to 
all aspects of EPA's January 7, 2008 proposal except for the proposed 
rescission action (related to I/M for vehicles operated on Federal 
installations) and requests instead that EPA act separately on the 
rescission aspect of the proposal. By e-mail dated February 1, 2008 and 
then by letter dated February 4, 2008, NDEP restates its amended 
request from January 31, 2008 but specifically conditions withdrawal of 
the extension request upon EPA's removal of the proposed CAA section 
110(k)(6) action to rescind NAC 445B.595(2) from the rest of the 
January 7, 2008 proposed action.
    Response #2: NDEP's initial letter dated January 30, 2008 led to 
EPA's reconsideration of the basis for EPA's proposed rescission of NAC 
445B.595(2) and related ``no action'' proposal for the 2007 
codification of the subject rule. On the basis of that reconsideration, 
EPA intends to re-propose action on NAC 445B.595(2) in a separate 
Federal Register document but to otherwise finalize the January 7, 2008 
action as proposed.
    Comment #3: By letter submitted on February 6, 2008, WSPA supports 
the redesignation of the Truckee Meadows nonattainment area as an 
attainment area for CO, but objects to the inclusion of the Washoe 
County wintertime oxygenated gasoline requirement in the Truckee 
Meadows CO maintenance plan. WSPA cites the results of a 2005 study 
commissioned by WSPA (and submitted with the comment letter), and more 
recent study results, as support for the proposition that elimination 
of the oxygenated fuel requirements in Washoe County would have little 
impact on ambient CO concentrations in 2006 and beyond and would not 
threaten compliance with the CO NAAQS particularly given the low 
ambient CO concentrations measured in Washoe County in recent years and 
declining trend in CO emissions. WSPA concludes that the oxygenated 
gasoline program has outlived its usefulness. In WSPA's view, 
continuation of the Washoe County wintertime oxygenated gasoline 
requirement places an unnecessary logistical burden on gasoline 
suppliers, which could lead to adverse supply impacts and possible 
market volatility. WSPA draws further support from the experiences in 
other areas in the country that have rescinded their oxygenated 
gasoline programs without triggering any CO NAAQS violations. Lastly, 
WSPA requests that EPA remove the Washoe County wintertime oxygenated 
gasoline requirement as a control measure in the Truckee Meadows CO 
maintenance plan for the years 2006 through 2016 but registers no 
objection to the requirement being included in the maintenance plan as 
a contingency measure.
    Response #3: The Clean Air Act assigns to the states initial and 
primary responsibility for formulating a plan to achieve the NAAQS. It 
is up to the state to prepare state implementation plans

[[Page 38127]]

which contain specific pollution control measures. EPA's 
responsibilities under the CAA are qualitatively different from those 
of the state agency. The EPA is charged with reviewing and approving or 
disapproving the enforceable implementation plans prepared by states 
and other political subdivisions identified in the statute. It is not 
EPA's role to disapprove the State choice of control strategies if that 
strategy will result in attainment or continued maintenance of the 
NAAQS, and meets all other applicable statutory requirements. See Union 
Electric Co. v. EPA, 427 U.S. 246 (1976); Train v. NRDC, 421 U.S. 60 
(1975). EPA's role in reviewing SIP submissions is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Federal inquiry into the reasonableness of state action is not allowed 
under the Act (see Union Electric Co. v. EPA, 427 U.S. 246, 255-266 
(1976); CAA section 110(a)(2)). Under section 116 of the CAA, with 
certain exceptions not relevant here, a State retains the right to 
adopt and enforce any requirement respecting control or abatement of 
air pollution, including more stringent emissions standards and 
limitations.
    For the reasons set forth in the proposed rule (see 73 FR 1175, at 
1178-1179), we find that the District's wintertime gasoline oxygen 
content requirements (i.e., District Rule 040.095) meet applicable CAA 
criteria, including public notice and hearing prior to adoption and 
submittal, as well as the substantive criteria of section 211(m) and 
meet applicable EPA regulations. WSPA does not object to our finding 
that the District's requirements meet applicable CAA criteria and 
applicable EPA regulations, but rather WSPA contends that the rule is 
no longer needed for maintenance of the CO NAAQS in Truckee Meadows. 
However, for the reasons set forth above, we do not have the authority 
to disapprove the District's choice (endorsed by the applicable State 
agency, NDEP) to include the wintertime oxygenated gasoline requirement 
as part of their CO maintenance strategy on such grounds. If NDEP and 
the District choose to revise the SIP to suspend implementation of the 
wintertime oxygenated gasoline requirement and to adopt the requirement 
as a contingency measure, they may do so with a demonstration that the 
area would continue to maintain the CO NAAQS without the benefit of the 
related emissions reductions, subject to compliance with CAA procedural 
requirements and subject to EPA approval.

III. EPA Action

    As authorized under section 110(k) of the Act, and for the reasons 
summarized in section I of this document and, in greater detail, in our 
proposed rule, EPA is approving certain submittals by NDEP of revisions 
to the Nevada SIP that are required to provide for attainment of the CO 
NAAQS in the Truckee Meadows ``moderate'' CO nonattainment area and is 
approving a maintenance plan under section 175A of the Act. EPA is also 
approving, under section 107(d)(3) of the Act, NDEP's request to 
redesignate Truckee Meadows to attainment for the CO NAAQS. Our 
specific approvals are as follows:
    First, we are approving the local oxygenated gasoline regulation, 
District Rule 040.095, as amended on September 22, 2005) as fulfilling 
the requirements of section 211(m) of the CAA.
    Second, we are approving 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 
approving 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, 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, MOBILE5.0a emissions modeling, 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 Truckee Meadows planning area, submitted on November 2, 2006; 
and
    (iii) Current Nevada mobile source statutory and regulatory 
provisions and rules, including those related to I/M, and updated 
exhaust gas analyzer (NV2000) specifications, submitted by NDEP on May 
11, 2007.\3\ The current Nevada mobile source statutory provisions and 
regulations, including those related to I/M, that we are approving are 
as follows:
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    \3\ Our approval of the May 11, 2007 SIP revision submittal 
updates and supersedes 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 updates the 
exhaust gas analyzer specifications as approved in 2004 for the 
State's I/M program in Las Vegas and Boulder City. Superseded 
provisions include the State's Truckee Meadows I/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), with 
the exception of NAC 445B.595(2) which is being retained in the 
Nevada SIP at this time.
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     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.
    Third, we are approving the Redesignation 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, as meeting the 
requirements of CAA section 175A.
    In connection with our approval of 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 that establish a 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

[[Page 38128]]

the Truckee Meadows area 8 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.
    Fourth, under section 107(d)(3), we are approving NDEP's request 
(dated November 4, 2005) to redesignate the Truckee Meadows CO 
nonattainment area to attainment. In so doing, we find that:
     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; \4\ and
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    \4\ With respect to this criterion, we find that we need not 
fully approve either the District's nonattainment new source review 
rules or conformity rules as a pre-condition to redesignation of 
Truckee Meadows to attainment for the CO NAAQS.
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     As described above, we are approving the Truckee Meadows 
CO Maintenance Plan as meeting the requirements of CAA section 175A.

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. 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, it does not contain any unfunded mandate or 
significantly or uniquely affects 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, 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 state law 
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. 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 September 2, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review nor does it extend the time within which a petition for judicial 
review may be filed, and shall not postpone the effectiveness of such 
rule or action. This action may not be challenged later in proceedings 
to enforce its requirements. (See section 307(b)(2).)

List of Subjects

40 CFR Part 52

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

40 CFR Part 81

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

    Dated: April 2, 2008.
Jane Diamond,
Acting Regional Administrator, Region IX.


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

PART 52--[AMENDED]

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

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

Subpart DD--Nevada

0
2. Section 52.1470 is amended by adding paragraphs (c)(68), (c)(69), 
(c)(70) and (c)(71) to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (68) The following plan revision was submitted on June 3, 1994 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) State Implementation Plan for a Basic Program for the 
Inspection and Maintenance of Motor Vehicles for the

[[Page 38129]]

Truckee Meadows Planning Area, Nevada (June 1994), including the cover 
page through page 9.
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) State Implementation Plan for a Basic Program for the 
Inspection and Maintenance of Motor Vehicles for the Truckee Meadows 
Planning Area, Nevada (June 1994), appendix 1, appendix 2 (only the 
certificate of compliance and Nevada attorney general's opinion), and 
appendices 3, 6, 8, and 10.
    (69) The following plan revision was submitted on November 4, 2005 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Rule 040.095, ``Oxygen content of motor vehicle fuel,'' revised 
on September 22, 2005.
    (i) Washoe County District Board of Health Meeting, September 22, 
2005, Public Hearing--Amendments--Washoe County District Board of 
Health Regulations Governing Air Quality Management; to Wit: Rule 
040.095 (Oxygen Content of Motor Vehicle Fuel).
    (2) Redesignation Request and Maintenance Plan for the Truckee 
Meadows Carbon Monoxide Non-Attainment Area (September 2005), excluding 
appendices B, C, and D.
    (70) The following plan revision was submitted on November 2, 2006 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) Washoe County District Health Department.
    (1) Basic I/M Performance Standard, excluding appendices A through 
D.
    (i) Washoe County District Board of Health Meeting, September 28, 
2006, Public Hearing--State Implementation Plan (SIP)--``Basic 
Program--Inspection and Maintenance (I/M) of Motor Vehicles--Truckee 
Meadows Planning Area, Nevada;'' to Wit: Basic Inspection and 
Maintenance (I/M) Performance Standard.
    (ii) Additional material.
    (A) Washoe County District Health Department.
    (1) Basic I/M Performance Standard, appendices A through D.
    (71) The following plan revision was submitted on May 11, 2007 by 
the Governor's designee.
    (i) Incorporation by reference.
    (A) Nevada Division of Environmental Protection.
    (1) New or amended statutes related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas 
Valley/Boulder City and Truckee Meadows: Nevada Revised Statutes 
(2005), chapter 365, section 365.060, ``Motor vehicle fuel defined;'' 
chapter 366, section 366.060, ``Special fuel defined;'' chapter 445B, 
sections 445B.210, ``Powers of Commission,'' 445B.700, ``Definitions,'' 
445B.705, ``Approved inspector defined,'' 445B.710, ``Authorized 
inspection station defined,'' 445B.715, ``Authorized maintenance 
station defined,'' 445B.720, ``Authorized station defined,'' 445B.725, 
``Commission defined,'' 445B.730, ``Evidence of compliance defined,'' 
445B.735, ``Fleet station defined,'' 445B.737, ``Heavy-duty motor 
vehicle defined,'' 445B.740, ``Light-duty motor vehicle defined,'' 
445B.745, ``Motor vehicle defined,'' 445B.747, ``Motor vehicle fuel 
defined,'' 445B.750, ``Passenger car defined,'' 445B.755, ``Pollution 
control device defined,'' 445B.757, ``Special fuel defined,'' 445B.758, 
``Used motor vehicle defined,'' 445B.759, ``Inapplicability to military 
tactical vehicles,'' 445B.760, ``Authority of Commission to prescribe 
standards for emissions from mobile internal combustion engines; 
trimobiles; standards pertaining to motor vehicles to be approved by 
Department of Motor Vehicles,'' 445B.765, ``Information concerning 
program for control of emissions from motor vehicles: Collection, 
interpretation and correlation; public inspection,'' 445B.770, 
``Regulations of Commission: Control of emissions from motor vehicles; 
program for inspection and testing of motor vehicles,'' 445B.775, 
``Regulations of Commission: Requirements for licensing of stations by 
Department of Motor Vehicles,'' 445B.780, ``Program for regulation of 
emissions from heavy-duty motor vehicles; equipment used to measure 
emissions; waiver from requirements of program,'' 445B.785, 
``Regulations of Department of Motor Vehicles: Licensing of stations; 
performance of inspection and issuance of evidence of compliance; 
diagnostic equipment; fee, bond or insurance; informational pamphlet; 
distribution,'' 445B.790, ``Regulations concerning inspection of 
stations; grounds for denial, suspension or revocation of license of 
inspector or station,'' 445B.795, ``Compulsory program for control of 
emissions: Limitations,'' 445B.798, ``Authority of Department of Motor 
Vehicles, in larger counties, to conduct test of emissions from motor 
vehicle being operated on highway,'' 445B.800, ``Evidence of 
compliance: Requirements for registration, sale or long-term lease of 
used vehicles in certain counties,'' 445B.805, ``Evidence of 
compliance: Exemptions from requirements,'' 445B.810, ``State 
Department of Conservation and Natural Resources to provide 
assistance,'' 445B.815, ``Evidence of compliance: Duty of employees and 
agents of Department of Motor Vehicles; submission by owner or lessee 
of fleet,'' 445B.820, ``Installation and inspection of pollution 
control device,'' 445B.825, ``Exemption of certain classes of motor 
vehicles; waiver from provisions of NRS 445B.770 to 445B.815, 
inclusive,'' 445B.830, ``Fees to be paid to Department of Motor 
Vehicles; Pollution Control Account; expenditure of money in Account; 
quarterly distributions to local governments; annual reports by local 
governments; grants; creation and duties of advisory committee; 
submission and approval of proposed grants,'' 445B.832, ``Surcharge for 
electronic transmission of information: Authority to impose; inclusion 
as separate entry on form certifying emission control compliance; 
definition,'' 445B.834, ``Additional fee for form certifying emission 
control compliance: Retention of portion of fee by station performing 
inspection; definition,'' 445B.835, ``Administrative fine; hearing; 
additional remedies to compel compliance,'' 445B.840, ``Unlawful 
acts,'' and 445B.845, ``Criminal penalty; enforcement of provisions by 
peace officer; mitigation of offense;'' chapter 481, sections 481.019, 
``Creation; powers and duties,'' 481.023, ``Administration of laws by 
Department; exceptions,'' 481.027, ``General functions of Department of 
Motor Vehicles and Department of Transportation respecting state 
highways,'' 481.031, ``Office of Director of Department created,'' 
481.035, ``Director of Department: Appointment; classification; other 
employment prohibited; employment of deputies and staff,'' 481.047, 
``Appointment of personnel,'' 481.0473, ``Divisions of Department,'' 
481.0475, ``Duties of Administrative Services Division,'' 481.048, 
``Division of Compliance Enforcement: Appointment and duties of 
investigators,'' 481.0481, ``Section for Control of Emissions From 
Vehicles and Enforcement of Matters Related to Use of Special Fuel: 
Creation; appointment and duties of investigators, officers and 
technicians,'' 481.051, ``Powers and duties of Director: Generally,'' 
481.0515, ``Powers and duties of Director: References to names of 
persons in documents and records,'' 481.052, ``Powers and duties of 
Director: Adoption of definition of `seasonal resident' by 
regulation,'' 481.0535, ``Powers and duties of Director: Expenditure of 
appropriations to assist

[[Page 38130]]

certain entities to purchase and obtain evidence; receipt and 
safekeeping of money,'' 481.055, ``Department to keep main office in 
Carson City; maintenance of branch offices,'' 481.057, ``Offices of 
Department: Extended hours of operation,'' 481.063, ``Collection and 
deposit of fees for publications of Department and private use of files 
and records of Department; limitations on release and use of files and 
records; regulations,'' 481.065, ``Acceptance of donations for programs 
for traffic safety,'' 481.079, ``Money collected to be deposited in 
Motor Vehicle Fund; exception; dishonored payments; adjustment of 
deposits,'' 481.081, ``Arrearage in tax, fee or assessment administered 
by Department: Department authorized to file certificate; certificate 
as lien; extension of lien,'' 481.082, ``Arrearage in tax, fee or 
assessment administered by Department: Release or subordination of 
lien; certificate issued by Department as conclusive evidence,'' 
481.083, ``Money for administration of chapter; claims,'' and 481.087, 
``Administrative expenses deemed cost of administration of operation of 
motor vehicles on public highways;'' chapter 482, sections 482.029, 
``Electric personal assistive mobility device defined,'' 482.155, 
``Enforcement of provisions of chapter by Department, its officers and 
peace officers,'' 482.160, ``Administrative regulations; branch 
offices; appointment of agents and designation of county assessor as 
agent; compensation of certain agents,'' 482.162, ``Department to adopt 
regulations setting forth criteria for determination of whether person 
is farmer or rancher; presentation of evidence to Department,'' 
482.165, ``Director to provide forms,'' 482.170, ``Records of 
Department concerning registration and licensing,'' 482.171, ``List of 
registered owners to be provided for selection of jury; reimbursement 
of Department,'' 482.173, ``Schedule for retention and disposition of 
certain records of Department,'' 482.175, ``Validity of registration: 
Powers and duties of Department and registered dealers,'' 482.180, 
``Motor Vehicle Fund: Creation: deposits; interest and income; 
dishonored payments; distribution of money collected for basic 
governmental services tax; transfers,'' 482.1805, ``Revolving Account 
for Issuance of Special License Plates: Creation; deposit of certain 
fees; use of money in Account; transfer of excess balance to State 
Highway Fund,'' 482.181, ``Governmental services taxes: Certification 
of amount collected each month; distribution,'' 482.183, ``Motor 
Vehicle Revolving Account: Creation; use; deposits,'' 482.186, 
``Certain odometers deemed to register mileage reflected on odometer 
plus 100,000 miles,'' 482.187, ``Department authorized to enter into 
written agreements for periodic payment of delinquent taxes or fees; 
regulations,'' 482.188, ``Waiver of penalty or interest for failure 
timely to file return or pay tax, penalty or fee in certain 
circumstances,'' 482.205, ``Registration required for certain 
vehicles,'' 482.206, ``Periods of registration for motor vehicles; 
exceptions,'' 482.208, ``Registration of leased vehicles by long-term 
lessor or long-term lessee,'' 482.210, ``Exemptions from 
registration,'' 482.215, ``Application for registration,'' 482.216, 
``Department may authorize new vehicle dealer to accept applications 
for registration and transfer of registration of new motor vehicles and 
to issue certificates of registration; duties of dealer; prohibited 
acts; regulations,'' 482.220, ``Application for specially constructed, 
reconstructed, rebuilt or foreign vehicle; certificate of inspection; 
charge for inspection,'' 482.225, ``Collection of sales or use tax upon 
application for registration of certain vehicles purchased outside this 
State; payment of all applicable taxes and fees required for 
registration; refund of tax erroneously or illegally collected,'' 
482.230, ``Grounds requiring refusal of registration,'' 482.235, 
``Registration indexes and records; assignment of registration number 
by registered dealer,'' 482.240, ``Issuance of certificates of 
registration and title by Department or registered dealer; period of 
validity of certificate,'' 482.245, ``Contents of certificates of 
registration and title,'' 482.255, ``Placement of certificate of 
registration; surrender upon demand of peace officer, justice of the 
peace or deputy of Department; limitation on conviction,'' 482.260, 
``Duties of Department of Motor Vehicles and its agents relative to 
registration of vehicle; issuance of certificate of title; fees and 
taxes,'' 482.265, ``License plates issued upon registration; stickers, 
tabs or other devices issued upon renewal of registration; return of 
plates; fee for and limitations on issuance of special license 
plates,'' 482.266, ``Manufacture of license plates substantially 
similar to license plates issued before January 1, 1982: Written 
request; fee; delivery; duties of Department; retention of old plates 
authorized if requested plates contain same letters and numbers,'' 
482.267, ``License plates: Production at facility of Department of 
Corrections,'' 482.268, ``License plates: Additional fee for issuance; 
deposit of fee,'' 482.270, ``License plates: General specifications; 
redesign; configuration of special license plates designed, prepared 
and issued pursuant to process of direct application and petition,'' 
482.2703, ``License plates: Samples; form; fee; penalty,'' 482.2705, 
``License plates: Passenger cars and trucks,'' 482.271, ``License 
plates: Decals; fees,'' 482.2715, ``License plates: Registrant entitled 
to maintain code if continuously renewed; exceptions; issuance of 
replacement plates with same code after expiration of registration; 
fee,'' 482.2717, ``License plates to be issued to automobile wreckers 
and operators of salvage pools,'' 482.272, ``License plates: 
Motorcycles,'' 482.274, ``License plates: Trailers,'' 482.275, 
``License plates: Display,'' 482.280, ``Expiration and renewal of 
registration,'' 482.2805, ``Department not to renew registration if 
local authority has filed notice of nonpayment pursuant to NRS 484.444; 
fee for service performed by Department,'' 482.2807, ``Requirements for 
registration if local government has filed notice of nonpayment 
pursuant to NRS 484.444,'' 482.281, ``Authority of Department of Motor 
Vehicles to allow authorized inspection station or authorized station 
to renew certificates of registration; adoption of regulations,'' 
482.283, ``Change of name or place of residence: Notice to Department 
required; timing and contents of notice,'' 482.285, ``Certificates, 
decals and number plates: Illegibility, loss, mutilation or theft; 
obtaining of duplicates or substitutes; fees and taxes,'' 482.290, 
``Assignment and recording of new number for identification of vehicle 
if old number destroyed or obliterated; fee; penalty for willful 
defacement, alteration, substitution or removal of number with intent 
to defraud,'' 482.385, ``Registration of vehicle of nonresident owner 
not required; exceptions; registration of vehicle by person upon 
becoming resident of this State; penalty; taxes and fees; surrender or 
nonresident license plates and registration certificate; citation for 
violation,'' 482.461 ``Failure of mandatory test of emissions from 
engines; notification; cost of inspection,'' 482.565, ``Administrative 
fines for violations other than deceptive trade practices; injunction 
or other appropriate remedy; enforcement proceedings;'' and chapter 
484, sections 484.101, ``Passenger car defined,'' 484.644, ``Device for 
control of pollution: Use required; disconnection or alteration 
prohibited; exceptions,'' and 484.6441, ``Device for

[[Page 38131]]

control of pollution: Penalty; proof of conformity may be required.''
    (2) New or amended rules related to mobile sources, including 
Nevada's vehicle inspection and maintenance program in Las Vegas 
Valley/Boulder City and Truckee Meadows: Nevada Administrative Code, 
chapter 445B (January 2007 revision by the Legislative Counsel Bureau), 
sections 445B.400, ``Scope,'' 445B.401, ``Definitions,'' 445B.403, 
``Approved inspector defined,'' 445B.4045, ``Authorized inspection 
station defined,'' 445B.405, ``Authorized station defined,'' 445B.408, 
``Carbon monoxide defined,'' 445B.409, ``Certificate of compliance 
defined,'' 445B.4092, ``Certified on-board diagnostic system defined,'' 
445B.4096, ``Class 1 approved inspector defined,'' 445B.097, ``Class 1 
fleet station defined,'' 445B.098, ``Class 2 approved inspector 
defined,'' 445B.4099, ``Class 2 fleet station defined,'' 445B.410, 
``CO2 defined,'' 445B.411, ``Commission defined,'' 445B.413, 
``Department defined,'' 445B.415, ``Director defined,'' 445B.416, 
``Emission defined,'' 445B.418, ``EPA defined,'' 445B.419, 
``Established place of business defined,'' 445B.420, ``Evidence of 
compliance defined,'' 445B.421, ``Exhaust emissions defined,'' 
445B.422, ``Exhaust gas analyzer defined,'' 445B.424, ``Fleet station 
defined,'' 445B.4247, ``Gross vehicle weight rating defined,'' 
445B.426, ``Heavy-duty motor vehicle defined,'' 445B.427, ``Hydrocarbon 
defined,'' 445B.428, ``Hz defined,'' 445B.432, ``Light-duty motor 
vehicle defined,'' 445B.433, ``Mini motor home defined,'' 445B.434, 
``Motor home defined,'' 445B.435, ``Motor vehicle defined,'' 445B.440, 
``New motor vehicle defined,'' 445B.442, ``Opacity defined,'' 445B.443, 
``Person defined,'' 445B.444, ``ppm defined,'' 445B.449, ``Smoke 
defined,'' 445B.450, ``Special mobile equipment defined,'' 445B.451, 
``Standard defined,'' 445B.4515, ``State electronic data transmission 
system defined,'' 445B.452, ``Tampering defined,'' 445B.4525, ``Test 
station defined,'' 445B.453, ``Truck defined,'' 445B.454, ``Used motor 
vehicle defined,'' 445B.455, ``Van conversion defined,'' 445B.4553, 
``Vehicle inspection report defined,'' 445B.4556, ``Vehicle inspection 
report number defined,'' 445B.456, ``Severability,'' 445B.460, ``Test 
station: License required to operate; expiration of license; ratings; 
performance of certain services; prohibited acts; location,'' 445B.461, 
``Compliance by Federal Government, state agencies and political 
subdivisions,'' 445B.462, ``Test station: Application for license to 
operate; inspection of premises; issuance of license,'' 445B.463, 
``Test station: Grounds for denial, revocation or suspension of 
license; reapplication; permanent revocation of license,'' 445B.464, 
``Test station: Hearing concerning denial, suspension or revocation of 
license,'' 445B.465, ``Authorized station or authorized inspection 
station: Requirements for bond or deposit,'' 445B.466, ``Authorized 
station or authorized inspection station: Liability under bond or 
deposit; suspension and reinstatement of licenses,'' 445B.467, 
``Authorized station or authorized inspection station: Disbursement, 
release or refund of bond or deposit,'' 445B.468, ``Authorized stations 
and authorized inspection stations: Scope of coverage of bond or 
deposit,'' 445B.469, ``Authorized station or authorized inspection 
station: Posting of signs and placards,'' 445B.470, ``Test station: 
Display of licenses; availability of reference information,'' 445B.471, 
``Test station: Advertising; provision by Department of certain 
informational material for public,'' 445B.472, ``Test station: Records 
of inspections and repairs; inspection of place of business; audit of 
exhaust gas analyzers,'' 445B.473, ``Test station: Notice of wrongfully 
distributed or received vehicle inspection reports; inventory of 
vehicle inspection reports,'' 445B.474, ``Test station: Failure to 
employ approved inspector,'' 445B.475, ``Authorized station or class 2 
fleet station: Requirements for employees,'' 445B.476, ``Test station: 
Willful failure to comply with directive; suspension of license; 
reapplication after revocation of license,'' 445B.478, ``Fleet station: 
Licensing; powers and duties,'' 445B.480, ``Test station: Requirements 
concerning business hours,'' 445B.485, ``Prerequisites to licensing,'' 
445B.486, ``Examination of applicants for licensing,'' 445B.487, 
``Denial of license,'' 445B.489, ``Grounds for denial, suspension or 
revocation of license,'' 445B.490, ``Hearing on suspension or 
revocation of license,'' 445B.491, ``Temporary suspension or refusal to 
renew license,'' 445B.492, ``Duration of suspension; surrender of 
license,'' 445B.493, ``Limitation on reapplication after revocation or 
denial or license; surrender of revoked license; permanent revocation 
of license,'' 445B.495, ``Contents of license,'' 445B.496, ``Expiration 
of license,'' 445B.497, ``Requirements for renewal of license,'' 
445B.498, ``Performance of emission inspection without license 
prohibited; expiration of license; license ratings,'' 445B.4983, 
``Issuance of access code to approved inspector; use of access code and 
identification number,'' 445B.4985, ``Violations,'' 445B.499, ``Fees,'' 
445B.501, ``Report of change in place of employment or termination of 
employment,'' 445B.502, ``Submission of certificate of employment to 
report change,'' 445B.5049, ``Connection to state electronic data 
transmission system,'' 445B.505, ``Availability of list of approved 
analyzers and their specifications,'' 445B.5052, ``Approved analyzer: 
Use and equipment; deactivation by Department,'' 445B.5055, 
``Revocation of approval of analyzer,'' 445B.5065, ``Manufacturer of 
approved analyzer: Required warranty,'' 445B.5075, ``Manufacturer of 
approved analyzer: Required services; administrative fine for 
violations,'' 445B.575, ``Device to control pollution: General 
requirement; alteration or modification,'' 445B.576, ``Vehicles powered 
by gasoline or diesel fuel: Restrictions on visible emissions and on 
idling of diesel engines,'' 445B.577, ``Devices used on stationary 
rails: Restrictions on visible emissions,'' 445B.578, ``Exceptions to 
restrictions on visible emissions,'' 445B.579, ``Inspection of vehicle: 
Devices for emission control required,'' 445B.580, ``Inspection of 
vehicle: Procedure for certain vehicles with model year of 1995 or 
older and heavy-duty vehicles with model year of 1996 or newer,'' 
445B.5805, ``Inspection of vehicle: Procedure for light-duty vehicles 
with model year of 1996 or newer,'' 445B.581, ``Inspection of vehicle: 
Place and equipment for performance,'' 445B.5815, ``Inspection of 
vehicle: Certified on-board diagnostic systems,'' 445B.582, ``Repair of 
vehicle; reinspection or testing,'' 445B.583, ``Evidence of compliance: 
Purpose; records,'' 445B.584, ``Evidence of compliance: Purchase of 
vehicle inspection report numbers,'' 445B.585, ``Evidence of 
compliance: Issuance by approved inspector,'' 445B.586, ``Evidence of 
compliance: Return of fee,'' 445B.587, ``Test of light-duty motor 
vehicles powered by diesel engines: Equipment for measurement of smoke 
opacity,'' 445B.588, ``Testing of light-duty motor vehicles powered by 
diesel engines: List of approved equipment,'' 445B.589, ``Testing of 
light-duty motor vehicles powered by diesel engines: Procedure; 
certificate of compliance; effect of failure; lack of proper fuel 
cap,'' 445B.5895, ``Dissemination of list of authorized stations,'' 
445B.590, ``Waiver of standards for emissions,'' 445B.591, ``Form for 
registration of vehicle in area where inspection of vehicle not

[[Page 38132]]

required,'' 445B.5915, ``Requirements for registration of vehicle 
temporarily being used and maintained in another state,'' 445B.592, 
``Applicability of certain standards for emissions and other 
requirements,'' 445B.593, ``Evidence of compliance required for certain 
vehicles based in Clark County,'' 445B.594, ``Evidence of compliance 
required for certain vehicles based in Washoe County,'' 445B.595 
(excluding subsection(2)), ``Inspections of vehicles owned by State or 
political subdivisions or operated on federal installations,'' 
445B.596, ``Standards for emissions,'' 445B.598, ``Imposition and 
statement of fee for inspection and testing; listing of stations and 
fees,'' 445B.599, ``Prescription and notice of maximum fees for 
inspections and testing,'' 445B.600, ``Procedure for setting new fee,'' 
445B.601, ``Concealment of emissions prohibited,'' 445B.6115, 
``Exemption of vehicle from certain provisions,'' 445B.6125, 
``Certification of vehicle for exemption,'' 445B.7015, ``Annual and 
additional inspections,'' 445B.7025, ``Alteration of emission control 
system of vehicle used to conduct inspection,'' 445B.7035, 
``Preliminary written notice of violation; reinspection of vehicle,'' 
445B.7045, ``Administrative fines and other penalties for certain 
violations,'' 445B.727, ``Administrative fines and other penalties,'' 
and 445B.735, ``Program for licensure to install, repair and adjust 
devices for control of emissions.''
    (ii) Additional material.
    (A) Nevada Division of Environmental Protection.
    (1) Correspondence dated March 6, 2007 from the Nevada Department 
of Motor Vehicles to the Nevada Division of Environmental Protection 
describing an upgrade to the NV2000 emission analyzer to make emissions 
testing possible on motor vehicles containing a certified on-board 
diagnostic system which uses controller area network communication.

PART 81--[AMENDED]

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

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

Subpart C--[Amended]

0
4. In Sec.  81.329, the table entitled ``Nevada--Carbon Monoxide'' is 
amended by revising the entry for the Reno area to read as follows:


Sec.  81.329  Nevada.

* * * * *

                                             Nevada--Carbon Monoxide
----------------------------------------------------------------------------------------------------------------
                                               Designation                             Classification
        Designated area        ---------------------------------------------------------------------------------
                                     Date \1\               Type                Date \1\              Type
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Reno Area: Washoe County        August 4, 2008...  Attainment............
 (part) Truckee Meadows
 Hydrographic Area 87.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ This date is November 15, 1990, unless otherwise noted.

* * * * *
[FR Doc. E8-15015 Filed 7-2-08; 8:45 am]
BILLING CODE 6560-50-P