ADOPTED REGULATION OF THE

STATE ENVIRONMENTAL COMMISSION

LCB File No. R145-13

Effective June 23, 2014

EXPLANATION — Matter in italics is new; matter in brackets Iomittcd materiall is material to be omitted.

AUTHORITY: §~1 and 2, NRS 445B.210.

A REGULATION relating to air pollution; revising provisions governing ambient air quality

standards and certain environmental evaluations; and providing other matters properly

relating thereto.

Legislative Counsel’s Digest:

Existing law authorizes the State Environmental Commission to adopt regulations to prevent,

abate and control air pollution and to establish standards for air quality. (NRS 445B.2 10) This

regulation revises provisions prescribing the minimum state and federal standards of quality for

ambient air and requirements of certain environmental evaluations.

Section 1. NAC 445B.22097 is hereby amended to read as follows:

445B .22097 1. The table contained in this section lists the minimum standards of quality

for ambient air.

NEVADA STANDARDS° NATIONAL STANDARDS’

POLLUTANT AVERAGING TIME CONCENTRATIONC METHOD” PRIMARYCE SECONDARYD. METHOD”

Ozone 8 hours 0.075 ppm Chemiluminescence 0.075 ppm Same as pnmary Chemiluminescence

Ozone-Lake Tahoe 0.10 ppm

1 hour Ullraviolet absoeption — — —

Basin, #90 (195 pg/rn’)

Carbon monoxide 9 ppm

9ppm Nondispersive Nondispersive

less than 5.000’ 8 hours (10 mg/rn’) None

(10,500 pg/rn’) infrared photometry infrared photomelry

above mean sea level

Adopted Regulation R145-13
NEVADA STANDARDS NA11ONAL STANDARDSB

POLLUTANT AVERAGING TIME CONCENTRATIONC METHOD° PRIMARYC SECONDARYC F METHOD”

At or greater

6 ppm

than 5,000 above

(7,000 pg/rn’)

mean sea level

Carbon monoxide at 35 ppm 35 ppm

I hour

any elevation (40,500 pg/rn3) (40 mg/rn3)

Annual arithmetic 0.053 ppm Gas phase

53 ppb° Same as prirnaay Gas phase

Nitrogen dioxide mean (100 pg/m chemiluminescence

chernilumrnescence

Ihour IOOppb — lOOppb None

Annual arithmetic 0.030 ppm 0.03 ppm”

mean (80 pg/rn’ (1971 standard)

None

0.14 ppm Ultraviolet 0.14 ppm” Spectrophotometry

24 hours

Sulfur dioxide (365 pg/rn fluorescence (1971 standard) (Pararosujiiline

0.5 ppm method)

3 hours None 0.5 ppm

(1,300 pg/rn

I hour 75ppb — 75 ppb None

Annual arithmetic 50 pg/rn’

None None —

Particulate matter mean High volurne PM,0

as PM, uampling High or low volume

24 hours 150 pg/m 150 pg/rn’ Same as primury

PM,, sampling

Annual arithmetic 15.0 pg/Ins

Particulate matter 15.0 pg/rn’ Same as prirnnry Low volume PM,,

mean

as PM,, sampling

24 hours 35 pg/rn’ — 35 pg/rn’ Same as primary

High volume High volume

sampling, arid sampling, acid

Lead (Pb) Rolling 3 mo. average 0.15 pg/rn extraction and atomic 0.15 pg/rn’ Same as prirnasy extraction and

absorption atomic absorption

spectiometry spectrometry

0.08 ppm Ultraviolet

Hydrogen sulfide 1 hour — — —

(112 pg/rn fluorescence

Notes:

Note A: The Director shall use the Nevada standards in considering whether to issue a permit for

a stationary source and shall ensure that the stationary source will not cause the Nevada

standards to be exceeded in areas where the general public has access. For the 2006 particulate

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Adopted Regulation R145-13
matter as PM25 24-hour and annual standards, the 2010 nitrogen dioxide 1-hour standard

and the 2010 sulfur dioxide 1-hour standard, the Director shall use theform ofthe standards

setforth in 40 C.F.R. ~ 50.11, 50.13 and 50.17, as those provisions existed on June 23, 2014,

to ensure that the Nevada standard is no more stringent than the National standard in

determining whether the stationary source will comply with the Nevada standards in areas

where the generalpublic has access.

Note B: The National standards are used in determinations of attainment or nonattamment. The

form of a National standard is the criteria which must be satisfied for each respective

concentration level of a standard for the purposes of attainment. The form for each National

standard is set forth in 40 C.F.R. Part 50 and may be viewed at

http://www.epa.gov/air/criteria.html.

Note C: Where applicable and except as otherwise described in Note G, concentration is

expressed first in units in which it was adopted. [All measuremcntsl Measurements of air quality

that are expressed as mass per unit volume, such as micrograms per cubic meter, must be

corrected to a reference temperature of 25 degrees Centigrade and a reference pressure of 760

mm of Hg (1,013.2 millibars f~), except measurements ofparticulate matter as PM2~5 and

lead (Pb), which are calculated in micrograms per cubic meter at local conditions; “ppb” in

this table refers to parts per billion by volume, or nanomoles ofregulated air pollutant per mole

of gas; “ppm” refers to parts per million by volume, or micromoles of regulated air pollutant per

mole of gas; “~.tg/m3” refers to micrograms per cubic meter.

Note D: Reference method as described by the EPA. Any reference method specified in

accordance with 40 C.F.R. Part 50 or any reference method or equivalent method designated in

accordance with 40 C.F.R. Part 53 may be substituted.

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Adopted Regulation R145-13
Note E: National primary standards are the levels of air quality necessary, with an adequate

margin of safety, to protect the public health.

Note F: National secondary standards are the levels of air quality necessary to protect the public

welfare from any known or anticipated adverse effects of a regulated air pollutant.

Note G: The official National annual standard for nitrogen dioxide is 0.053 ppm. The National

annual standard is identified in this table in equivalent units of parts per billion for the purpose of

simplif~’ing its comparison with the National 1-hour standard which is also identified in parts per

billion.

Note H: The 1971 National sulfur dioxide standards remain in effect for an area until 1 year after

the area is designated for the 2010 National sulfur dioxide standard, except that in an area

designated nonattainment for the 1971 National sulfur dioxide standards, the 1971 standards

remain in effect until an implementation plan to attain or maintain the 2010 National sulfur

dioxide standards is approved.

Note I: The ambient air quality standard for hydrogen sulfide does not include naturally

occurring background concentrations.

2. These standards of quality for ambient air are minimum goals, and it is the intent ofthe

Commission in this section to protect the existing quality of Nevada’s air to the extent that it is

economically and technically feasible.

Sec. 2. NAC 445B.3 11 is hereby amended to read as follows:

445B.3 11 1. An environmental evaluation which is required for a new or modified

stationary source pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the

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Adopted Regulation R145-1 3
Director must contain a careful and detailed assessment ofthe environmental aspects ofthe

proposed stationary source and must also contain:

(a) The name and address ofthe applicant;

(b) The name, address and location ofthe stationary source;

(c) A description ofthe proposed stationary source, including the normal hours of operation

ofthe facility and the general types of activities to be performed;

(d) A map showing the location ofthe stationary source and the topography ofthe area,

including existing principal streets, roads and highways within 3 miles ofthe stationary source;

(e) A site plan showing the location and height ofbuildings on the site;

(f) Any additional information or documentation which the Director deems necessary to

determine the effect ofthe stationary source on the quality of the ambient air, including

measured data on the quality ofthe ambient air and meteorological conditions at the proposed

site before construction or modification; and

(g) fA]. Except as otherwise provided in subsection 5, a dispersion analysis of each regulated

air pollutant.

2. Where approval is sought for stationary sources to be constructed in phases, the

information required by subsection 1 must be submitted for each phase ofthe construction

project.

3. An environmental evaluation must also consider good engineering practice stack height.

Ifthe Director considers an analysis of a source based on a good engineering practice stack

height that exceeds the height specified in paragraph (a) or (b) of subsection 1 ofNAC

445B.083, the Director shall:

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Adopted Regulation R145-13
(a) Notify the public ofthe availability ofthe demonstration study performed pursuant to

paragraph (c) of subsection 1 ofNAC 445B.083; and

(b) Provide an opportunity for a public hearing on the demonstration study in accordance

with the requirements for a Class I operating permit set forth in subsections 7, 9 and 10 ofNAC

445B.3395.

4. A dispersion analysis used to determine the location and estimated value ofthe highest

concentration of each regulated air pollutant must include:

(a) A dispersion model based on the applicable models, bases and other requirements

specified in the “Guideline on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51,

as adopted by reference in NAC 445B.22 1, except that the Director may authorize the

modification of a model specified in the “Guideline on Air Quality Models” or the use of a

model not included in the “Guideline on Air Quality Models” ifthe Director:

(1) Determines that the modification or use is appropriate;

(2) Obtains written approval ofthe modification or use from the Administrator; and

(3) Provides notice of and establishes a 30-day period for comment in accordance with the

applicable provisions ofNAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477;

(b) A narrative report describing:

(1) If applicable, assumptions and premises used in the analysis, including, without

limitation:

(I) Model options chosen;

(II) Urban versus rural selection;

(III) Background concentrations;

(IV) Characterization of emission sources as point, area or volume;

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Adopted Regulation R145-13
(V) Emission discharge points; and

(VI) Rate of emission from each emission unit; and

(2) The geographic area considered in the analysis, including, without limitation,

information concerning:

(I) The nearest significant terrain features;

(II) The receptor grid or grids; and

(III) Restrictions on public access to the stationary source; and

(c) Valid meteorological information pursuant to the provisions ofAppendix W of 40 C.F.R.

Part 51, as adopted by reference in NAC 445B.221, which:

(1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as

adopted by reference in NAC 445B.221:

(I) Is site specific, ifthe information exists pursuant to subsection 1 ofthis section or

subsection 6 ofNAC 445B.308, and which covers a period of not less than 1 year;

(II) Has been obtained from an off-site location representative of the proposed site and

which covers a period of not less than 1 year;

(III) Represents the worst-case meteorological conditions as approved by the Director

for synthetic data; or

(IV) Has been obtained over the last 5 years at the nearest National Weather Service

site; or

(2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as

adopted by reference in NAC 445B.221, is representative ofthe source site location and source

emissions and which covers a period of not less than 1 year.

5. A dispersion analysisfor:

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Adopted Regulation R145-13
(a) The 1-hour nitrogen dioxide standard established in NAC 445B.22097 is not required

in an environmental evaluationfor:

(1) A new stationary source ifthe new stationary source emits, or has the potential to

emit, less than 40 tons ofnitrogen dioxide per year; or

(2) A proposed modification to an existing stationary source ifthe proposed

modification has the potential to emit less than 40 tons ofnitrogen dioxide per year.

(b) The 1-hour sulfur dioxide standard established in NAC 445B.22097 is not required in

an environmental evaluation for:

(1) A new stationary source ifthe new stationary source emits, or has the potential to

emit, less than 40 tons ofsulfur dioxide per year; or

(2) A proposed modification to an existing stationary source ifthe proposed

modification has the potential to emit less than 40 tons ofsulfur dioxide per year.

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Adopted Regulation R145-13