**UNITED STATES ENVIRONMENTAL PROTECTION AGENCY**

**REGION IX AIR DIVISION**

Technical Support Document

for

EPA=s Proposed Rulemaking

for the

Nevada State Implementation Plan

Approval of Nevada Revised Statutes

Prepared by: Julie Rose

May 3, 2006

Our evaluation of the submitted AAir Pollution@ sections of the Nevada
Revised Statutes (NRS) is provided below. Numbers starting each
paragraph reference the NRS section submitted for inclusion in the State
Implementation Plan (SIP). The numbers in parenthesis reference the
sections in the previously approved applicable SIP that are being
proposed for replacement. In addition to changes discussed below, the
submitted statutes update all NRS references to Nevada=s new numbering
system and incorporate editorial revisions that clarify requirements.
Unless otherwise indicated, we believe these revisions contain the
necessary legal authority to implement the applicable SIP and should be
federally approved.

The following definitions have not been revised:

**NRS 445B.105 Definitions** (formerly NRS 445.406)

**NRS 445B.110 Air contaminant** (formerly NRS 445.411)

**NRS 445B.115 Air pollution** (formerly NRS 445.416)

**NRS 445B.120 Commission** (formerly NRS 445.421)

**NRS 445B.125 Department** (formerly NRS 445.424)

**NRS 445B.130 Director** (formerly NRS 445.427)

**NRS 445B.135 Federal Act** (formerly NRS 445.431) - This definition
has been revised by adding updated references to the Clean Air Act.

**NRS 445B.140 Hazardous air pollutant** -- This new term is defined as
a substance designated by the Nevada Environmental Commission in NRS
445B.210, Power of Commission.

**NRS 445B.145 Operating Permit** - This new definition refers to a
permit issued and signed by the Director of the State Environmental
Commission for the construction and operation of a source of any air
contaminant.

**NRS 445B.150 Person** (formerly NRS 445.441) - This definition has
been revised by eliminating certain terms: individual, group of
individuals, partnership, firm, company, corporation, trust, and estate.
These terms are necessary for the approval of the definition.

The NRS contains a "basic" definition of the term "person," that
includes these required terms in NRS 0.039. The State has submitted NRS
0.039 for inclusion into the Nevada SIP. Together these definitions are
approvable.

**NRS 0.039 Person** - This new definition, submitted on March 24, 2006,
is contained in Title 0, Preliminary Chapter of the General Provisions
of the Nevada Revised Statutes. This definition includes the terms
natural person, any form of business or social organization, and any
other nongovernmental legal entity including a corporation, partnership,
association, trust, or unincorporated organization. This definition is
needed in the SIP since it includes all the terms necessary for
approval. This definition is approved for inclusion in the SIP.

**NRS 445B.155 Source and indirect source** (formerly NRS 445.446) --
This definition has not been revised. It defines "source" as any
property which directly emits an air contaminant. An indirect source is
defined as any property or facility that has a secondary or adjunctive
activity that emits air contaminants.

**STATUTE** **SECTIONS**

[State Environmental Commission]{.underline}

**NRS 445B.210 Powers of Commission.** (formerly 445.461) - This statute
authorizes the Commission to implement and enforce an air pollution
control program. Two sections concerning the designation and the
deletion from designation of hazardous air pollutants in accordance with
the Federal requirements have been added.

**NRS 445B.220 Additional powers of Commission.** (formerly 445.471) --
This statute authorizes the Commission to cooperate with other
governmental entities to prevent and control air pollution and to
recommend measures for controlling air pollution originating in Nevada.

**NRS 445B.225 Power of Commission to require testing of sources.**
(formerly 445.472) -- This statute authorizes the Commission to require
monitoring or source testing of new and existing stationary sources.

**NRS 445B.235 Additional powers of the Department.** (formerly 445.474)
-- This statute grants authority to the Nevada Department of
Conservation and Natural Resources (NDCNR) to cooperate with other
governmental entities to prevent and control air pollution. It also
authorizes the NDCNR to apply for and receive funds from any private or
federal government source. The NDCNR must oversee the expenditure of the
funds in accordance with their intended purpose. This statute also
authorizes the NDCNR to certify to the federal government that
facilities are in conformance with the state requirements.

**NRS 445B.245 Power of Department to perform or require test of
emissions from stacks.** (formerly 445.477) -- This statute authorizes
the NDCNR to perform stack source emission tests or require the owner or
operator of a stationary source to perform such a tests prior to the
approval of an operating permit.

[Local Hearing Boards]{.underline}

**NRS 445B.275 Creation; members; terms.** (formerly 445.481) -- This
statute allows the governing body of any district, county, or city
operating an air pollution control program to appoint an air pollution
control hearing board. It also describes the qualifications and number
of members the board must contain. Minor wording changes have been made
to clarify the intent of the statute. While NRS 445B.275 is essentially
the same as the corresponding provision in the existing SIP (NRS
445.481), it does not satisfy CAA section 110(a)(2)(E)(ii), which
requires that SIPs provide requirements that the State comply with the
requirements respecting State boards under CAA section 128. CAA section
128 requires SIPs to contain requirements regarding the composition of
members of any board or body which approves permits or enforcement
orders under the CAA and the disclosure of potential conflicts of
interest by members of such board or body. Nonetheless, NRS 445B.275
should be approved as a replacement for NRS 445.481, but this approval
should be viewed as a re-codification and thus administrative in nature.
EPA may take future rulemaking action to remedy the substantive CAA
deficiency found in NRS 445B.275 under such CAA provisions as section
110(k) (5) ("SIP call").

NRS 445B.275 relies by reference to a statutory provision, NRS 624.215,
that has not been submitted as part of the SIP. Codified in title 54
("Professions, occupations and businesses") of the NRS, NRS 624.215
defines two terms, "general engineering contractor" and "general
building contractor," used in NRS 445B.275. The definitions for these
two terms are not required to be submitted as part of the SIP because
they are not essential to give meaning to NRS 445B.275 given the
administrative nature of this provision.

**NRS 445B.280 Attendance of witnesses at hearing; contempt;
compensation**. (formerly 445.486) -- This statute authorizes the
hearing board to require the attendance of witnesses and the production
of materials at hearings. In addition, the statute describes procedures
and consequences for the failure of a witness to appear or the failure
to produce papers required by a subpoena. NRS 445B.280 relies by
reference to a statutory provision, NRS 50.225, that has not been
submitted as part of the SIP. Codified in title 4 ("Witnesses and
evidence") of the NRS, NRS 50.225 specifies the fees to be paid to
witnesses and provides for reimbursement of certain types of expenses
incurred by them. These detailed provisions are not required to be
submitted as part of the SIP because they are not essential to give
meaning to NRS 445B.280 given the administrative nature of this
statutory provision.

[Provisions for Enforcement]{.underline}

**NRS 445B.300 Operating permit for source of air contaminant; notice
and approval of proposed construction; administrative fees; failure of
Commission or Department to act.** (formerly 445.491) - This statute
requires that air pollution sources obtain operating permits and sets
out the details for an operating permit program.

**NRS 445B.320 Approval of plans and specifications required before
construction or alteration of structure.** (formerly 445.496) - This
statute requires that the plans and specifications for any source of air
pollution be approved prior construction or alteration. Editorial
changes have been made to clarify the intent of this statute.

[Program for Control of Air Pollution]{.underline}

**NRS 445B.500 Establishment and administration of program; contents of
program; designation of air pollution control agency of county for
purposes of federal act; powers and duties of local air pollution
control board; notice of public hearings; delegation of authority to
determine violations and levy administrative penalties; cities and
smaller counties; regulation of certain electric plants prohibited.**
(formerly 445.546) - This statute requires a district or county board of
health to establish an air pollution control program in counties where
the population is 100,000 or more. The statute describes the content and
administration of the program. The statute has been revised to provide
for the creation, receipt, and exchange of credits to reduce and control
air pollution in areas where the population is 400,000 or more. The
statute does not allow a district or county board of health to regulate
plants that generate electricity by using steam produced by the burning
of fossil fuel. A definition has been added to the statute to clarify
the term Aplants which generate electricity by using steam produced by
the burning of fossil fuel.@ The title of this statute has also been
revised.

This statutory provision relies by reference to three statutory
provisions that have not been submitted as part of the SIP: NRS
445B.310, NSR 445B.508, and "chapter 238 of NRS":

-   NRS 445B.310 ("Limitations on enforcement of federal and state
    regulations concerning indirect sources"). NRS 445B.500 qualifies
    the grant of authority to local air pollution control agencies in
    two ways. NRS 445B.500 retains exclusive State jurisdiction over
    certain types of power plants and, by reference to NRS 445B.310,
    limits the grant of authority with respect to regulation of indirect
    sources. Because NRS 445B.310 is needed for a full understanding of
    the authority granted to local air agencies, and the limits placed
    thereon, it should be submitted for approval as part of the SIP. EPA
    anticipates that the State will submittal NRS 445B.310 as a part of
    the SIP and that we will take action on that submittal in a separate
    rulemaking.

-   NRS 445B.508 ("Reduction or mitigation of increases in emissions;
    air pollution credits"). NRS 445B.500 (1) (b) (2) allows a local air
    district in a county with population of 400,000 or more, to
    establish an emission reduction credit program in accordance with
    NRS 445B.508. Such programs are not required elements of SIPs, and
    thus, the detailed provisions relating to this grant of authority as
    set forth at NRS 445B.508 need not be submitted as part of the SIP.

-   [Chapter 238 of the NRS (Legal notices and advertisements.
    Publication).]{.underline} NRS 445B.500(2) sets forth procedural
    requirements that local air districts must follow with respect to
    notices and public hearings prior to adoption of regulations,
    including publication of "notices of public hearings in any
    newspaper, qualified pursuant to the provisions of chapter 238 of
    NRS, once a week for three weeks." Chapter 238 ("Legal notices and
    advertisements. Publication") is found in title 19 ("Miscellaneous
    matters related to government and public affairs") of the NRS, and
    it sets forth the specifications for newspapers to qualify as
    publishers of legal notices or advertisements. Reasonable notice and
    public hearing is a prerequisite under CAA section 110(l) for
    adoption by the State of any SIP revision, but the specific State
    requirements for publishing such notices are not a required element
    of SIPs, and thus chapter 238 of the NRS need not be submitted as
    part of the SIP. See 40 CFR 51.102 ("Public hearings") and 51.104
    ("Revisions").

**NRS 445B.510 Commission may require program for designated area.**
(formerly 445.551) -

This statute provides for the establishment of an area wide air
pollution control program. The title of this statute has been revised.

**NRS 445B.520 Commission may establish or supersede county program.**
(formerly 445.556) - This statute allows the Commission to supersede a
county program if it determines, after public hearing, that the program
has not been adopted or that a program has become inadequate. The title
of this statute has been revised.

**NRS 445B.530 Commission may assume jurisdiction over specific classes
of air contaminants.** (formerly 445.561) - This statute allows the
Commission to assume and retain jurisdiction of a class of air pollution
sources from a local air pollution control authority due to their
complexity or magnitude. The title of this statute has been revised.

**NRS 445B.540 Restoration of superseded local program; continuation of
existing local program.** (formerly 445.566) - This statute provides for
the restoration of a local program after it has been superseded by the
Commission.

[Miscellaneous Provisions]{.underline}

**NRS 445B.560 Plan or procedure for emergency.** (formerly 445.571)
**-** This provision allows the Commission to develop plans and
procedures for air pollution episode emergencies and is intended to
comply with 40 CFR 51 Subpart H and Appendix L.

**NRS 445B.595 Governmental sources of air contaminants to comply with
state and local provisions regarding air pollution; permit to set fire
for training purposes; planning and zoning agencies to consider effects
on quality of air.** (formerly 445.586) **-** This statute requires all
governmental sources of air pollution to comply with state and local
laws. A new section has been added to allow the county air pollution
control agency or the Director to permit the setting of fires for
training purposes as long as the fire will not constitute an imminent
and substantial danger to health. In light of the infrequency and short
term nature of these fires and their safety considerations, we are
approving this new exemption.