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 authorizesthe 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 ofquality for ambient air and requirements ofcertain 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 ofquality 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 R145-13NEVADA STANDARDS NA11ONAL STANDARDSB

POLLUTANT AVERAGING TIME CONCENTRATIONC METHOD° PRIMARYC SECONDARYC F METHOD”
At orgreater 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 Sulfurdioxide (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. Forthe 2006particulate
--2-- Adopted Regulation R145-13matter as PM25 24-hour and annualstandards, the 2010 nitrogen dioxide 1-hourstandard

and the 2010 sulfurdioxide 1-hourstandard, the Directorshall use theform ofthe standards setforth in 40 C.F.R. ~ 50.11, 50.13 and 50.17, as thoseprovisions existedon June 23, 2014, to ensure thatthe Nevada standard is no more stringent than the National standard in determining whetherthe stationarysource will comply with the Nevada standards in areas where thegeneralpublic has access. Note B: The National standards are used in determinations ofattainment or nonattamment. The form ofa National standard is the criteria which must be satisfied for each respective concentration level ofa standard forthe purposes ofattainment. 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 itwas adopted. [All measuremcntsl Measurements ofair quality that are expressed as mass per unitvolume, such as micrograms per cubic meter, must be corrected to a reference temperature of25 degrees Centigrade and a reference pressure of760
mm ofHg (1,013.2 millibars

### f~), exceptmeasurements ofparticulate matteras PM2~5 and lead (Pb), which are calculated in microgramsper cubic meterat local conditions; “ppb” in this table refers to parts per billion by volume, or nanomoles ofregulated air pollutant per mole ofgas; “ppm” refers to parts per million by volume, or micromoles ofregulated air pollutant per mole ofgas; “~.tg/m3” refers to micrograms per cubic meter. Note D: Reference method as described bythe 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.

--3-- Adopted Regulation R145-13Note E: National primary standards are the levels ofair quality necessary, with an adequate

margin ofsafety, to protect the public health. Note F: National secondary standards are the levels ofair quality necessary to protect the public welfare from any known or anticipated adverse effects ofa 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 ofparts per billion forthe 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 forthe 2010 National sulfur dioxide standard, exceptthat in an area designated nonattainment forthe 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 ofquality for ambient air are minimum goals, and it is the intent ofthe Commission in this section to protectthe existing quality ofNevada’s airto 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 pursuantto NAC 445B.308 to 445B.314, inclusive, or as required by the

--4-- Adopted Regulation R145-1 3Director 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 ofoperation ofthe facility and the general types ofactivities 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 ofthe ambient air, including measured data on the quality ofthe ambient air and meteorological conditions atthe proposed site before construction or modification; and (g) fA]. Exceptas otherwiseprovided in subsection 5, a dispersion analysis ofeach 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 ofa source based on a good engineering practice stack heightthat exceeds the height specified in paragraph (a) or (b) ofsubsection 1 ofNAC 445B.083, the Director shall:

--5-- Adopted Regulation R145-13(a) Notifythe public ofthe availability ofthe demonstration study performed pursuantto

paragraph (c) ofsubsection 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 ofeach 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 of40 C.F.R. Part 51,
as adopted by reference in NAC 445B.221, exceptthatthe Director may authorize the modification ofa model specified in the “Guideline on Air Quality Models” orthe use ofa model not included in the “Guideline on Air Quality Models” ifthe Director: (1) Determines thatthe modification or use is appropriate; (2) Obtains written approval ofthe modification or use from the Administrator; and (3) Provides notice ofand establishes a 30-day period for comment in accordance with the applicable provisions ofNAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or445B.3477; (b) A narrative report describing: (1) Ifapplicable, assumptions and premises used in the analysis, including, without limitation: (I) Model options chosen; (II) Urban versus rural selection; (III) Background concentrations; (IV) Characterization ofemission sources as point, area orvolume;

--6-- Adopted Regulation R145-13(V) Emission discharge points; and (VI) Rate ofemission from each emission unit; and (2) The geographic area considered in the analysis, including, without limitation, information concerning: (I) The nearest significantterrain features; (II) The receptorgrid or grids; and (III) Restrictions on public access to the stationary source; and (c) Valid meteorological information pursuantto the provisions ofAppendix W of40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which: (1) For sources that are not subjectto the permitting requirements of40 C.F.R. 

### § 52.21, as adopted by reference in NAC 445B.221: (I) Is site specific, ifthe information exists pursuantto subsection 1 ofthis section or subsection 6 ofNAC 445B.308, and which covers a period ofnot less than 1 year; (II) Has been obtained from an off-site location representative ofthe proposed site and which covers a period ofnot less than 1 year; (III) Represents the worst-case meteorological conditions as approved bythe Director for synthetic data; or (IV) Has been obtained overthe last 5 years atthe nearest National Weather Service site; or (2) For sources that are subject to the permitting requirements of40 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 ofnot less than 1 year. 5. A dispersion analysisfor:

--7-- Adopted Regulation R145-13(a) The 1-hour nitrogen dioxide standard established in NAC445B.22097 is not required

in an environmental evaluationfor: (1) A newstationarysource ifthe newstationarysource emits, or has thepotential to emit, less than 40 tons ofnitrogen dioxideperyear; or (2) Aproposed modification to an existing stationarysource iftheproposed modification has thepotentialto emit less than 40tons ofnitrogen dioxideperyear. (b) The 1-hoursulfurdioxide standard established in NAC445B.22097 is not required in
an environmental evaluationfor: (1) A newstationarysource ifthe newstationary source emits, or has thepotential to emit, less than 40 tons ofsulfur dioxideperyear; or (2) Aproposed modification to an existing stationarysource iftheproposed modification has thepotential to emit less than 40 tons ofsulfur dioxideperyear.

--8-- Adopted Regulation R145-13