
[Federal Register: January 22, 2009 (Volume 74, Number 13)]
[Rules and Regulations]               
[Page 3975-3977]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja09-4]                         

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0705; FRL-8748-7]

 
 Approval and Promulgation of Implementation Plans; Nevada; 
Vehicle Inspection and Maintenance Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Under the Clean Air Act, EPA is approving certain revisions, 
and disapproving certain other revisions, to the Nevada State 
Implementation Plan submitted by the Nevada Division of Environmental 
Protection. These revisions relate to the application of the State's 
vehicle inspection and maintenance program to vehicles operated on 
Federal installations. EPA is also correcting certain plan revisions 
related to this subject that EPA previously approved in error. The 
intended effect is to ensure that vehicles operated on Federal 
installations are subject only to those requirements of the State's 
vehicle inspection and maintenance program that apply in the same 
manner and to the same extent to nongovernmental entities.

DATES: Effective Date: This rule is effective on February 23, 2009.

ADDRESSES: EPA has established docket number EPA-R09-OAR-2008-0705 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, Air Planning Office 
(AIR-2), U.S. Environmental Protection Agency, Region IX, (415) 947-
4147, kaplan.eleanor@epa.gov.

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

Table of Contents

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

I. Proposed Action

    On September 25, 2008 (73 FR 55466), under the Clean Air Act (CAA 
or ``Act''), EPA proposed to approve certain revisions, and to 
disapprove certain other revisions, to the Nevada State Implementation 
Plan (SIP) submitted by the Nevada Division of Environmental Protection 
(NDEP). These revisions relate to the application of the State's 
vehicle inspection and maintenance (I/M) program to vehicles operated 
on Federal installations. EPA also proposed to correct certain SIP 
revisions related to this subject that EPA previously approved in 
error.
    Specifically, EPA proposed to approve paragraphs (a), (b) and (c) 
of subsection (2) of Nevada Administrative Code (NAC) section 445B.595 
(``Inspections of vehicles owned by State or political subdivisions or 
operated on federal installations''). NDEP submitted NAC 445B.595 to 
EPA on May 11, 2007. We proposed to approve these paragraphs of NAC 
445B.595(2) because they extend the same vehicle I/M testing, 
standards, and certification requirements to motor vehicles operated on 
Federal installations as apply to nongovernmental entities, consistent 
with CAA section 118(a). See our September 25, 2008 proposed rule at 73 
FR 55467. By the same token, we

[[Page 3976]]

proposed to disapprove paragraph (d) of NAC 445B.595(2) because it 
would establish an additional vehicle I/M requirement for motor 
vehicles operated on Federal installations that do not apply to 
nongovernmental entities and thereby would exceed the limits on the 
waiver of sovereign immunity established in CAA section 118(a). See our 
proposed rule at 73 FR 55468.
    In our September 25, 2008 proposed rule, we also proposed to 
rescind our previous approval of paragraph (d) of NAC 445B.595(2) and 
our previous approvals of another State vehicle I/M requirement, 
paragraph (d) of NAC 445B.461(3). We approved both of these provisions 
in our 2004 approval of the State's vehicle I/M program in Las Vegas 
Valley and Boulder City, and we approved NAC 445B.461(3) again in our 
2008 approval of the State's update to its mobile source SIP. See 69 FR 
56351 (September 21, 2004) and 73 FR 38124 (July 3, 2008). We proposed 
these rescissions under the error correction authority provided to us 
under CAA section 110(k)(6). As explained in our proposed rule at 73 FR 
55468, we proposed to rescind our previous approvals of NAC 
445B.595(2)(d) and NAC 445B.461(3)(d) because these provisions 
establish certain additional requirements under the State's vehicle I/M 
program for motor vehicles operated on Federal installations that do 
not apply to nongovernmental entities and thus are inconsistent with 
the limits of sovereign immunity established in CAA section 118(a).
    Our September 25, 2008 proposed rule provides additional background 
information and a more detailed rationale for our actions summarized 
above.

II. Public Comments

    EPA's September 25, 2008 proposed rule provided a 30-day public 
comment period. No comments were submitted.

III. EPA Action

    As authorized under section 110(k) of the Clean Air Act, and for 
the reasons provided in summary fashion herein and in more detail in 
our proposed rule, we are approving NDEP's submittal on May 11, 2007 of 
paragraphs (a), (b), and (c) of NAC 445B.595(2) as consistent with all 
applicable CAA requirements but disapproving paragraph (d) of NAC 
445B.595(2) as inconsistent with the limits on the waiver of sovereign 
immunity established in CAA section 118(a). In addition, under CAA 
section 110(k)(6), we are rescinding our previous approvals of NAC 
445B.461(3)(d) and 445B.595(2)(d) since they would otherwise set forth 
additional requirements under the vehicle I/M program for motor 
vehicles operated on Federal installations that do not apply to 
nongovernmental entities and thus would be inconsistent with CAA 
section 118(a).

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, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this 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 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 EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 March 23, 2009. 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, Incorporation by 
reference, Intergovernmental relations, Reporting and recordkeeping 
requirements.

    Dated: November 21, 2008.
Laura Yoshi,
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:

[[Page 3977]]

0
a. Adding paragraph (c)(48)(i)(A)(2);
0
b. Adding paragraph (c)(71)(i)(A)(3); and
0
c. Adding paragraph (c)(71)(i)(A)(4) to read as follows:


Sec.  52.1470  Identification of plan.

* * * * *
    (c) * * *
    (48) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on September 21, 2004, in paragraph 
(c)(48)(i)(A)(1) of this section and now deleted from the SIP without 
replacement: Nevada Administrative Code (NAC) sections: 445B.461(3)(d) 
and 445B.595(2)(d).
* * * * *
    (71) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on July 3, 2008, in paragraph 
(c)(71)(i)(A)(2) of this section and now deleted from the SIP without 
replacement: Nevada Administrative Code (NAC) section: 445B.461(3)(d).
    (4) 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), 
paragraphs (a), (b), and (c) of subsection (2) of section 445B.595, 
``Inspections of vehicles owned by State or political subdivisions or 
operated on federal installations.''
* * * * *
[FR Doc. E9-903 Filed 1-21-09; 8:45 am]

BILLING CODE 6560-50-P
