[Federal Register Volume 82, Number 168 (Thursday, August 31, 2017)]
[Proposed Rules]
[Pages 41386-41388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18499]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0154; FRL-9967-20-Region 9]


Approval of Nevada Air Plan Revisions, Washoe Oxygenated Fuels 
Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve a revision to the Nevada State Implementation Plan (SIP). This 
revision concerns emissions of carbon monoxide (CO) from passenger 
vehicles. We are proposing to approve the suspension of a local rule 
that regulated these emission sources under the Clean Air Act (CAA or 
the Act). We are taking comments on this proposal and plan to follow 
with a final action.

DATES: Any comments must arrive by October 2, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0154 at http://www.regulations.gov, or via email to 
[email protected]. For comments submitted at Regulations.gov, follow 
the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be

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Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the Web, cloud, or other file sharing system). For 
additional submission methods, please contact the person identified in 
the FOR FURTHER INFORMATION CONTACT section. For the full EPA public 
comment policy, information about CBI or multimedia submissions, and 
general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeffrey Buss, EPA Region IX, (415) 
947-4152, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revision?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule suspension?
    B. Does the rule suspension meet the evaluation criteria?
    C. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    On March 28, 2014, the Nevada Department of Environmental 
Protection (NDEP) submitted Washoe County District Board of Health 
(WCDBOH) Regulations Governing Air Quality Management Section 040.095, 
``Oxygen Content of Motor Vehicle Fuel,'' as amended by the WCDBOH on 
December 24, 2013. On September 28, 2014, the submittal for Section 
040.095 was deemed by operation of law to meet the completeness 
criteria in 40 CFR part 51 Appendix V, which must be met before formal 
EPA review.

B. Are there other versions of this rule?

    The WCDBOH has adopted other versions of Section 040.095, most 
recently the version adopted September 22, 2005 and submitted to the 
EPA on November 4, 2005. We approved this version of the rule into the 
SIP on July 3, 2008 (73 FR 38124). While we can act on only the most 
recently submitted version, we have reviewed materials provided with 
previous submittals.

C. What is the purpose of the submitted rule revision?

    The submitted revision to Section 040.095 suspends all requirements 
of the SIP-approved rule, which implements Washoe County's oxygenated 
fuel program. This program requires gasoline sold in Washoe County to 
contain 2.7 percent oxygenate by weight between October 1 and January 
31 as a means of reducing CO emissions. The Truckee Meadows area of 
Washoe County has historically been designated nonattainment for the CO 
National Ambient Air Quality Standard (NAAQS or ``Standard''),\1\ and 
the WCDBOH adopted Section 040.095 to comply with the requirements of 
CAA section 211(m), which requires states to adopt an oxygenated 
gasoline program for any area out of attainment for the CO NAAQS. The 
EPA redesignated Truckee Meadows as attainment for the CO NAAQS in 
2008, and the area's CO levels are now substantially below the 
Standard. 73 FR 38124 (July 3, 2008). The EPA's technical support 
document (TSD) has more information about this rule.
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    \1\ Truckee Meadows was first designated nonattainment in 1978. 
See 43 FR 8962, 9013 (March 3, 1978). Truckee Meadows was classified 
as moderate nonattainment under the 1990 CAA amendments. See 56 FR 
56694, 56798 (November 6, 1991).
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II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule suspension?

    As a general matter, under CAA section 110(l), the EPA may approve 
relaxations or suspensions of control measures so long as doing so 
would not interfere with attainment or maintenance of any NAAQS or 
otherwise conflict with applicable CAA requirements. The EPA has 
evaluated the revision to Section 040.095 to determine whether 
suspension of the Washoe County's oxygenated fuel program would 
interfere with NAAQS attainment or maintenance or conflict with other 
CAA requirements.

B. Does the rule suspension meet the evaluation criteria?

    We believe this SIP submittal is consistent with CAA 110(l) 
requirements regarding restrictions on relaxation of SIP measures. The 
WCDBOH's analysis of future CO emissions in Washoe County demonstrates 
continued compliance with the CO NAAQS as a result of other state 
measures, such as the motor vehicle inspection and maintenance program, 
and federal measures such as the Renewable Fuels Standard. The TSD has 
more information on our evaluation.

C. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to 
fully approve the submitted rule suspension because we believe it 
fulfills all relevant requirements. We will accept comments from the 
public on this proposal until October 2, 2017. If we take final action 
to approve the submitted rule suspension, our final action will 
incorporate this revision into the federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule 
regulatory text that includes incorporation by reference. In accordance 
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by 
reference the WCDBOH rule described in this notice. The EPA has made, 
and will continue to make, this material available electronically 
through www.regulations.gov and in hard copy at U.S. Environmental 
Protection Agency Region IX (Air-4), 75 Hawthorne Street, San 
Francisco, CA, 94105-3901.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, the EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this proposed action merely proposes to approve state law 
as meeting federal requirements and does not impose additional 
requirements beyond those imposed by state law. For that reason, this 
proposed action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely

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affect small governments, as described in the Unfunded Mandates Reform 
Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority 
to address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian 
reservation land or in any other area where the EPA or an Indian tribe 
has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

List of Subjects in 40 CFR Part 52

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

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

    Dated: August 14, 2017.
Deborah Jordan,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-18499 Filed 8-30-17; 8:45 am]
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