APPENDIX A 

NEVADA BART REGULATION 

CONTENTS 

A.1 REVISED NEVADA BART REGULATION 

 

 A.1.1 Proposed Regulation 

 A.1.2 Evidence of Public Participation 

A.2 NEVADA BART REGULATION 

 

 A.2.1 Adopted Regulation 

 A.2.2 Evidence of Public Participation 

A -- 1 

A.1 REVISED NEVADA BART REGULATION

This proposed regulation revises the BART regulation adopted on February 11, 2009 (see section 

A.2). The revision lowers the SO2 emission limit at NV Energy’s Reid Gardner Generating 

Station for units 1, 2 and 3. It will be presented to the Nevada State Environmental Commission 

on December 9, 2009 for adoption. When it becomes effective, NDEP will submit the adopted 

regulation and complete evidence of public participation to the U.S. Environmental Protection 

Agency. 

A.1.1 Proposed Regulation 

PROPOSED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION1

LCB File No. R148-09 

November 3, 2009 

EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted. 

AUTHORITY: §1, NRS 445B.210. 

A REGULATION relating to air quality; revising limits on the emission of sulfur dioxide from 

certain power-generating units of the Reid Gardner Generating Station; and providing 

other matters properly relating thereto. 

 Section 1. Section 4 of LCB File No. R190-08 is hereby amended to read as follows:

 Sec. 4. 1. The sources listed below must install, operate and maintain the following control 

measures which constitute BART and must not emit or cause to be emitted NOx, SO2, or PM10 in 

excess of the following limits: 

 (a) For power-generating units numbers 1 and 2 of NV Energy’s Fort Churchill Generating 

Station, located in hydrographic area 108: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 

 

1

 LCB Draft of Proposed Regulation R148-09 
A -- 2 

1 0.20 0.05 0.03 

2 0.16 

Low NOx

burners with 

flue gas 

recirculation 

0.05 

Pipeline 

natural gas 

and/or No. 2 

fuel oil 

0.03 

Pipeline natural 

gas and/or No. 

2 fuel oil 

 (b) For power-generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating Station, 

located in hydrographic area 83: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 

1 0.15 

0.05

0.03 

2 0.12 

Low NOx

burners with 

flue gas 

recirculation 

0.05

0.03 

3 0.19 

Low NOx

burners with 

selective noncatalytic 

reduction 

0.05

Pipeline 

natural gas 

and/or No. 2 

fuel oil 

0.03 

Pipeline natural 

gas and/or No. 

2 fuel oil 

 (c) For power-generating units numbers 1, 2 and 3 of NV Energy’s Reid Gardner Generating 

Station, located in hydrographic area 218: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 
A -- 3 

1 0.20 [0.25] 0.15 0.015 

2 0.20 [0.25] 0.15 0.015 

3 0.28 

Rotating 

Opposed Fire 

Air with 

Rotamix2 [0.25] 0.15 

Wet soda ash 

flue gas 

desulfurization 0.015 

Fabric filter

 (d) For power-generating units numbers 1 and 2 of Southern California Edison’s Mohave 

Generating Station, located in hydrographic area 213: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Mass 

Emission 

Rate (lb/hr, 

1-hr average) 

Control Type 

Emission Limit 

(lb/106 Btu, 30-

day rolling 

average) 

Control Type 

Emission 

Limit (lb/106 

Btu, 3-hr 

average) 

Control 

Type 

1 0.15 788 0.0019 0.0077 

2 0.15 788 

Low NOx

burners with 

over-fire air 

and 

conversion to 

pipeline 

natural gas 

only 

0.0019 

Conversion to 

pipeline natural 

gas only

0.0077 

Conversion 

to pipeline 

natural gas 

only 

 

 2. The control measures established in subsection 1 may be replaced or supplemented with 

alternative technologies approved in advance by the Director, provided that the emission limits in 

subsection 1 are met. The established or approved control measures must be installed and 

operating: 

 (a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations: 

 (1) On or before January 1, 2015; or 

 

2

 Rotamix is a technology for adding selective non-catalytic reduction using ammonia or urea-based reagent. 
A -- 4 

 (2) Not later than 5 years after approval of Nevada’s state implementation plan for 

regional haze by the United States Environmental Protection Agency Region 9, 

¬ whichever occurs first. 

 (b) For Southern California Edison’s Mohave Generating Station, at the time that each unit 

resumes operation. 

 3. If the ownership of any BART regulated emission unit changes, the new owner must 

comply with the requirements set forth in subsection 2. 

 4. For purposes of this section, emissions of PM10 include the components of PM2.5 as a 

subset. 
A.1.2 Evidence of Public Participation

A.1.2.1 Public Notice 

The following public notice was distributed on November 6, 2009. 

Notice of Regulatory Hearing 

Adoption of Regulations and Other Matters Before the 

State Environmental Commission 

The State Environmental Commission (SEC) will hold a regulatory hearing on 

Wednesday, December 9th 2009 at 10:30 am. The hearing location is the 

Nevada Department of Wildlife's Conference Room A, 1100 Valley Road, Reno, 

Nevada. The purpose of the hearing is to receive comments from all interested 

persons regarding the adoption, amendment, or repeal of the following regulatory 

petitions and related SEC business. The following items will be discussed and acted 

upon but may be taken in different order to accommodate the interest and time of 

the persons attending. 

1) Approval of minutes: 06/17/09 and 10/06/09 SEC hearings * Action Items 

2) Settlement Agreements, Air Quality Violations *Action - Consent Calendar 

__________________________________________________________________ 

Air Quality Planning / Air Pollution Control * Action Item

3) Regulation R004-09: Nevada’s Electrical Generation Unit Greenhouse Gas 

Emissions Mandatory Reporting Requirements: This regulation was adopted as 

a temporary regulations at the State Environmental Commission’s (SEC) November 12, 

2008 regulatory hearing. The Nevada Division of Environmental Protection is now 

proposing to convert the temporary regulation to a permanent regulation. The 

regulation requires companies that operate electric generating units which emit 

Greenhouse Gases (GHGs) and have maximum design output capacities of 5

megawatts or more, which is for sale, to report their GHG emissions. The information 

collected will be used to create a registry of GHG emissions. The regulation is 

required by Senate Bill 422, which was passed during the 2007 Legislature. The 

content of the permanent regulation is identical to that of the temporary regulation 

previously adopted. 

The proposed regulation does not overlap or duplicate any regulations of other state 

or government agencies; to date there are no greenhouse gas reporting requirements 

A -- 5 
A -- 6 

in existing federal regulations. This regulation does not address fees and will not have 

an immediate or long-term adverse economic impact on the public or the business 

community. 

4) R130-09: Changes to Motor Vehicle Emission Program: This regulation changes 

certain emission inspection and maintenance requirements contained in Chapter 445B 

of the Nevada Administrative Code (NAC). The proposed regulation aligns the motor 

vehicle inspection and maintenance (I/M) program with recent changes made in 

statute (A.B. 414) during the 2009 Nevada Legislative session. 

The regulation will expand Nevada's I/M provisions to include diesel-powered vehicles 

weighing up to 14,000 pounds; it will establish standards for testing emissions from 

reconstructed vehicles and trimobiles [e.g., three wheel motorized vehicles]; and it 

will exempt certain trimobiles from emissions testing. The regulation also revises the 

definition of heavy duty motor vehicle to conform to the statutory changes noted 

above. 

While the regulation does not affect businesses directly, it will have an effect on 

certain individuals who register vehicles in Clark County or Washoe County (i.e., Las 

Vegas and Reno). Vehicles subject to the regulation (about 9,500 diesel-powered 

vehicles in the 10,000 to 14,000 pound weight-range) would require an annual 

emissions test performed at a nominal cost. Otherwise, the proposed regulation does 

not overlap or duplicate any regulations of other state or government agencies; it 

does not directly assess fees, and will only have a nominal economic impact on the 

public. 

5) R147-09: Class I Air Quality Operating Permit to Construct (OPTC): This 

regulation establishes requirements and timelines for air quality permits involving 

case-by-case determinations for maximum achievable control technologies (MACT) as 

required under federal rules governing the National Emissions Standards for Hazardous 

Air Pollutants. Specifically, the proposed regulation aligns the permit application 

procedures for applications requiring a case-by-case MACT determination with the 

procedures for PSD (Prevention of Significant Deterioration) Air Quality Permit 

applications. The regulation is needed since the current Class I OPTC regulation does 

not allow sufficient time for processing case-by-case MACT applications and is 

inconsistent with existing federal rules. 

This regulation will not have an immediate or long-term adverse economic impact on 

the public or the business community. There is no additional cost to the agency for 

enforcement of the proposed regulation and the regulation does not overlap, 

duplicate or conflict with any regulations of other government agencies. The 

regulation does not address fees. 

6) R148-09: Revision to Air Emissions Limits at NV Energy’s Reid-Gardner 

Generating Station: This regulation would revise the requirement for SO2 emission 

limits at NV Energy's Reid-Gardner [electrical power] Generating Station located 

northeast of Las Vegas, Nevada. The regulation would lower the emission limits from 

0.25 lb/106 Btu to 0.15 lb/106 Btu, 24-hour average, for units 1, 2 and 3. Both the 0.25 
A -- 7 

lb/106 Btu and the proposed limit would become effective on January 1, 2015 or 5 

years after approval of Nevada's Regional Haze State Implementation Plan by the U.S. 

EPA. 

As way of background, the federal Regional Haze Regulations Final Rule (RHR) 

(64FR35714, July 1999) requires states to establish emission reduction strategies for 

improving visibility in all 156 mandatory Class I national parks and wilderness areas in 

the United States. One of the strategies required by the RHR is the application of best 

available retrofit technology (BART) to certain existing sources. Electrical generating 

units 1, 2 and 3 at NV Energy's Reid Gardner Generating Station are subject to the 

BART requirement. 

This regulation will not have an immediate or long-term adverse economic impact on 

the public or the business community. There is no additional cost to the agency for 

enforcement of the proposed regulation and the regulation does not overlap, 

duplicate or conflict with any regulations of other government agencies. The 

regulation does not address fees. 

Other SEC Business 

7) Administrator's Briefing to the Commission *Non Action Item 

8) Public Comment * Non Action Items: (Public comment may be limited to ten 

minutes per person at the discretion of the chairperson; See AG Reference @ 

Pages 58 & 81) at http://ag.state.nv.us/publications/manuals/omlmanual.pdf 

__________________________________________________________________ 

Additional Information: 

Persons wishing to comment on the proposed actions of the State Environmental 

Commission (SEC) may appear at the scheduled public hearing or may address their 

comments, data, views, or arguments in written form to: State Environmental 

Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249. 

The SEC must receive written submissions at least five days before the scheduled 

public hearing. 

If a person that may be directly affected by a proposed action does not appear and 

request time to make an oral presentation at the above referenced hearing, the SEC 

may proceed immediately to act upon any written submissions described in this 

notice. 

Members of the public can inspect copies of the regulations to be adopted at the 

State Library and Archives in Carson City (100 Stewart Street), and at the offices of 

the Division of Environmental Protection in Carson City and Las Vegas. The Carson City 

office is located at 901 South Stewart Street, Suite 4001 and the Las Vegas office is 

located at 2030 E. Flamingo Rd. Suite 230. 
A -- 8 

In addition, copies of this public notice and the accompanying regulations have been 

deposited electronically at major library branches in each county in Nevada. This 

notice and the text of the proposed regulations are available on the State 

Environmental Commission’s website at http://www.sec.nv.gov/index.htm All of the 

proposed regulations denoted in this notice, including previous drafts, are also posted 

on the Legislative Counsel Bureau’s website at http://www.leg.state.nv.us/Register/ 

Members of the public who are disabled and require special accommodations or 

assistance at the meeting are requested to notify, in writing, the Nevada State 

Environmental Commission, in care of John B. Walker, Executive Secretary, 901 South 

Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile (775) 687-5856, 

or by calling (775) 687-9308, no later than 5:00 p.m. on December 1st 2009. 

As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, 

this public notice has been posted at the following locations: The Bryan Building in 

Carson City (901 S. Stewart Street), the State Library and Archives in Carson City (101 

North Carson Street), the Nevada Department of Wildlife in Reno (1100 Valley Road) 

and the Offices of the Division of Environmental Protection in Carson City and Las 

Vegas. Copies of this notice and the proposed regulations will also be mailed to 

members of the public upon request. A reasonable fee may be charged for copies if 

deemed necessary. 

Upon adoption of any regulation, the SEC, if requested to do so by an interested 

person, either before adoption or within 30 days thereafter, will issue a concise 

statement of the principal reasons for and against its adoption and incorporate 

therein its reason for overruling the consideration urged against its adoption.
A -- 9 

A.2 NEVADA BART REGULATION 

A.2.1 Adopted Regulation 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION3

LCB File No. R190-08 

Effective April 23, 2009 

EXPLANATION – Matter in italics is new; matter in brackets [omitted material] is material to be omitted. 

AUTHORITY: §§1-7, NRS 445B.210. 

 A REGULATION relating to air quality; defining the term “best available retrofit technology” 

for certain purposes relating to regional haze; setting the standards for emission 

limitation for that technology for certain sources; and providing other matters properly 

relating thereto. 

 Section 1. Chapter 445B of NAC is hereby amended by adding thereto the provisions set 

forth as sections 2, 3 and 4 of this regulation. 

 Sec. 2. “Best available retrofit technology” means an emission limitation based on the 

degree of reduction achievable through the application of the best system of continuous 

emission reduction for each pollutant that is emitted by an existing stationary facility as 

defined in 40 C.F.R. § 51.301. 

 Sec. 3. The emission limitation for BART must be established on a case-by-case basis, 

taking into consideration: 

 1. The technology available; 

 2. The costs of compliance; 

 3. The energy and nonair quality environmental impacts of compliance; 

 4. Any pollution control equipment in use or in existence at the source or unit; 

 

3

 Adopted February 11, 2009. 
A -- 10 

 5. The remaining useful life of the source or unit; and 

 6. The degree of improvement in visibility which may reasonably be anticipated to result 

from the use of such technology. 

 Sec. 4. 1. The sources listed below must install, operate and maintain the following 

control measures which constitute BART and must not emit or cause to be emitted NOx, SO2, 

or PM10 in excess of the following limits: 

 (a) For power-generating units numbers 1 and 2 of NV Energy’s Fort Churchill 

Generating Station, located in hydrographic area 108: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 

1 0.20 0.05 0.03 

2 0.16 

Low NOx

burners with 

flue gas 

recirculation 

0.05 

Pipeline 

natural gas 

and/or No. 2 

fuel oil 

0.03 

Pipeline 

natural gas 

and/or No. 2 

fuel oil 

 (b) For power-generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating 

Station, located in hydrographic area 83: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 

1 0.15 

0.05

0.03 

2 0.12 

Low NOx

burners with 

flue gas 

0.05

Pipeline 

natural gas 

and/or No. 2 

0.03 

Pipeline 

natural gas 

and/or No. 2 
A -- 11 

recirculation 

3 0.19 

Low NOx

burners with 

selective noncatalytic 

reduction 

0.05

fuel oil 

0.03 

fuel oil 

 (c) For power-generating units numbers 1, 2 and 3 of NV Energy’s Reid Gardner 

Generating Station, located in hydrographic area 218: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-

hr average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 

1 0.20 0.25 0.015 

2 0.20 0.25 0.015 

3 0.28 

Rotating 

opposed fire 

air with 

Rotamix4 0.25 

Wet soda ash 

flue gas 

desulfurization 0.015 

Fabric filter

 (d) For power-generating units numbers 1 and 2 of Southern California Edison’s Mohave 

Generating Station, located in hydrographic area 213: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Mass 

Emission 

Rate (lb/hr, 

1-hr average) 

Control Type 

Emission Limit 

(lb/106 Btu, 30-

day rolling 

average) 

Control Type 

Emission 

Limit (lb/106 

Btu, 3-hr 

average) 

Control 

Type 

 

4 Rotamix is a technology for adding selective non-catalytic reduction using ammonia or urea-based reagent.
A -- 12 

1 0.15 788 0.0019 0.0077 

2 0.15 788 

Low NOx

burners with 

over-fire air 

and 

conversion to 

pipeline 

natural gas 

only 

0.0019 

Conversion to 

pipeline 

natural gas 

only 0.0077 

Conversion 

to pipeline 

natural gas 

only 

 

 2. The control measures established in subsection 1 may be replaced or supplemented with 

alternative technologies approved in advance by the Director, provided that the emission limits 

in subsection 1 are met. The established or approved control measures must be installed and 

operating: 

 (a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations: 

 (1) On or before January 1, 2015; or 

 (2) Not later than 5 years after approval of Nevada’s state implementation plan for 

regional haze by the United States Environmental Protection Agency Region 9, 

¬ whichever occurs first. 

 (b) For Southern California Edison’s Mohave Generating Station, at the time that each 

unit resumes operation. 

 3. If the ownership of any BART regulated emission unit changes, the new owner must 

comply with the requirements set forth in subsection 2. 

 4. For purposes of this section, emissions of PM10 include the components of PM2.5 as a 

subset. 

 Sec. 5. NAC 445B.001 is hereby amended to read as follows: 
A -- 13 

 445B.001 As used in NAC 445B.001 to 445B.3791, inclusive, and sections 2, 3 and 4 of 

this regulation, unless the context otherwise requires, the words and terms defined in NAC 

445B.002 to 445B.211, inclusive, and section 2 of this regulation have the meanings ascribed to 

them in those sections. 

 Sec. 6. NAC 445B.211 is hereby amended to read as follows: 

 445B.211 The abbreviations used in NAC 445B.001 to 445B.3791, inclusive, and sections 

2, 3 and 4 of this regulation have the following meanings: 

[BACT...................................................... best available control technology] 

BART........................................................ Best available retrofit technology 

Btu ............................................................ British thermal unit 

C.F.R. ....................................................... Code of Federal Regulations 

CO2 ........................................................... carbon dioxide 

°F .............................................................. degree Fahrenheit 

Hg............................................................. mercury 

H2S............................................................ hydrogen sulfide 

lb............................................................... pound 

NO............................................................ nitric oxide 

NOx ........................................................... nitrogen oxides 

O2.............................................................. oxygen 

ppm........................................................... parts per million 

SO2............................................................ sulfur dioxide 

VOC.......................................................... volatile organic compound 

 Sec. 7. NAC 445B.221 is hereby amended to read as follows: 
A -- 14 

 445B.221 1. Title 40 C.F.R. §§ 51.100(s) , [and] 51.100(nn) , and 51.301 and Appendix S 

of 40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1, 2007. 

 2. The amendments to Appendix S of Title 40 C.F.R. Part 51 as set forth in Volume 73 of 

the Federal Register at pages 28321 et seq., May 16, 2008, are hereby adopted by reference.

 3. Title 40 C.F.R. § 51.165 is hereby adopted by reference as it existed on July 1, 2002. 

 [3] 4. Appendix W of 40 C.F.R. Part 51 is hereby adopted by reference as it existed on July 

1, 2007. 

 [ 4] 5. Title 40 C.F.R. § 52.21 is hereby adopted by reference as it existed on July 1, 2007. 

 [5.] 6. The amendments to Title 40 C.F.R. § 52.21 as set forth in Volume 73 of the Federal 

Register at pages 28321 et seq., May 16, 2008, are hereby adopted by reference. 

 7. Except as otherwise provided in subsection [6,] 8, the following subparts of 40 C.F.R. Part 

60 are hereby adopted by reference: 

 (a) Subpart A, except §§ 60.4, 60.8(b)(2), 60.8(b)(3) and 60.11(e), as it existed on July 1, 

2007; 

 (b) Section 60.21 of Subpart B, as it existed on July 1, 2006; 

 (c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, 

N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, 

NN, PP, QQ, RR, SS, TT, UU, VV, WW, XX, BBB, DDD, FFF, GGG, HHH, III, JJJ, KKK, 

LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, UUU, VVV, WWW, AAAA, CCCC, DDDD, 

EEEE, FFFF, IIII and KKKK as they existed on July 1, 2007; 

 (d) Subpart HHHH, except §§ 60.4105(b)(2), 60.4106, 60.4120 to 60.4142, inclusive, 

60.4153(a) and (b) and 60.4176, as set forth in Volume 70 of the Federal Register at pages 28606 

et seq., May 18, 2005, and the amendments to Subpart HHHH as set forth in Volume 71 of the 

Federal Register at pages 33388 et seq., June 9, 2006; and 
A -- 15 

 (e) Subpart JJJJ as set forth in Volume 73 of the Federal Register at pages 3568 et seq., 

January 18, 2008. 

 [6.] 8. The amendments to Subpart A of Title 40 C.F.R. Part 60 as set forth in Volume 73 of 

the Federal Register at pages 3568 et seq., January 18, 2008, are hereby adopted by reference. 

 [7.] 9. Appendices B and F of 40 C.F.R. Part 60 are hereby adopted by reference as they 

existed on July 1, 2007. 

 [8.] 10. Subparts A, C, D, E, F, H, I, J, K, L, N, O, P, Q, R, T, V, W, Y, BB and FF of 40 

C.F.R. Part 61 are hereby adopted by reference as they existed on July 1, 2007. 

 [9.] 11. Except as otherwise provided in subsection [10,] 12, the following subparts of Title 

40 C.F.R. Part 63 are hereby adopted by reference: 

 (a) Subparts A, B, C, F, G, H, I, J, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, 

GG, HH, II, JJ, KK, LL, MM, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, 

EEE, GGG, HHH, III, JJJ, LLL, MMM, NNN, OOO, PPP, QQQ, RRR, TTT, UUU, VVV, 

XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, 

NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, XXXX, 

YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, 

JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS, DDDDDD, EEEEEE, 

FFFFFF and GGGGGG as they existed on July 1, 2007; 

 (b) Subpart WWWWW as set forth in Volume 72 of the Federal Register at pages 73611 et 

seq., December 28, 2007; 

 (c) Subpart YYYYY as set forth in Volume 72 of the Federal Register at pages 74088 et seq., 

December 28, 2007; 

 (d) Subpart ZZZZZ as set forth in Volume 73 of the Federal Register at pages 226 et seq., 

January 2, 2008; 
A -- 16 

 (e) Subparts LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP and QQQQQQ as set 

forth in Volume 72 of the Federal Register at pages 38864 et seq., July 16, 2007; and 

 (f) Subparts RRRRRR, SSSSSS and TTTTTT as set forth in Volume 72 of the Federal 

Register at pages 73180 et seq., December 26, 2007. 

 [10.] 12. The amendments to the following subparts of Title 40 C.F.R. Part 63 are hereby 

adopted by reference: 

 (a) Subparts A and ZZZZ as set forth in Volume 73 of the Federal Register at pages 3568 et 

seq., January 18, 2008; 

 (b) Subpart DDDD as set forth in Volume 72 of the Federal Register at pages 61060 et seq., 

October 29, 2007; 

 (c) Subpart EEEEE as set forth in Volume 73 of the Federal Register at pages 7210 et seq., 

February 7, 2008; 

 (d) Subparts EEEEEE and FFFFFF as set forth in Volume 72 of the Federal Register at pages 

36363 et seq., July 3, 2007; 

 (e) Subparts LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP and QQQQQQ as set 

forth in Volume 73 of the Federal Register at pages 15923 et seq., March 26, 2008. 

 [11.] 13. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1, 2007. 

If the provisions of 40 C.F.R. Part 72 conflict with or are not included in NAC 445B.001 to 

445B.3791, inclusive, and sections 2, 3 and 4 of this regulation, the provisions of 40 C.F.R. 

Part 72 apply. 

 [12.] 14. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 2007. 

If the provisions of 40 C.F.R. Part 76 conflict with or are not included in NAC 445B.001 to 

445B.3791, inclusive, and sections 2, 3 and 4 of this regulation, the provisions of 40 C.F.R. 

Part 76 apply. 
A -- 17 

 [13.] 15. Title 42 of the United States Code, section 7412(b), List of Hazardous Air 

Pollutants, is hereby adopted by reference as it existed on October 1, 1993. 

 [14.] 16. The Standard Industrial Classification Manual, 1987 edition, published by the 

United States Office of Management and Budget, is hereby adopted by reference. A copy of the 

manual may be obtained, free of charge, from the United States Department of Labor at the 

Internet address http://www.dol.gov. 

 [15.] 17. A copy of the publications which contain the provisions adopted by reference in 

subsections 1 to [13,] 15, inclusive, may be obtained from the: 

 (a) Division of State Library and Archives of the Department of Cultural Affairs for 10 cents 

per page. 

 (b) Government Printing Office, free of charge, at the Internet address 

http://www.gpoaccess.gov/nara/index.html. 

 [16.] 18. For the purposes of the provisions of 40 C.F.R. Parts 60, 61 and 63, adopted by 

reference pursuant to this section, the Director may not approve alternate or equivalent test 

methods or alternative standards or work practices. 

 [17.] 19. Except as otherwise provided in subsections [11] 13, and [12,] 14, the provisions 

adopted by reference in this section supersede the requirements of NAC 445B.001 to 445B.3791, 

inclusive, and sections 2, 3 and 4 of this regulation for all stationary sources subject to the 

provisions adopted by reference only if those requirements adopted by reference are more 

stringent. 

 [18.] 20. For the purposes of this section, “administrator” as used in the provisions of 40 

C.F.R. Part 60, except Subpart B § 60.21 and Subpart HHHH §§ 60.4101 to 60.4105, inclusive, 

60.4107 to 60.4114, inclusive, 60.4151 to 60.4173, inclusive, and 60.4175, and Parts 61 and 63, 

adopted by reference pursuant to this section, means the Director. 
A.2.2 Evidence of Public Participation

A.2.2.1 Public Notice 

Notice of Regulatory Hearing 

Adoption of Regulations and Other Matters Before the 

State Environmental Commission 

The State Environmental Commission (SEC) has scheduled a regulatory hearing on 

Wednesday, February 11, 2009 at 10 a.m. The hearing will be conducted as a video 

conference in Carson City and Las Vegas. The hearing location in Carson City is the 

Bryan Building located at 901 South Stewart Street, (2nd floor Tahoe room). In Las 

Vegas the hearing will be held at the Nevada Division of Environmental Protection, 

2030 E. Flamingo Rd. Suite 230. 

The purpose of the hearing is to receive comments from all interested persons 

regarding the adoption, amendment, or repeal of the following regulatory 

petitions. The following items will be discussed and acted upon but may be taken in

different order to accommodate the interest and time of the persons attending. 

__________________________________________________________________ 

Air Quality Planning / Air Pollution Control 

(2) Regulation R190-08: [BART] Best Available Retrofit Technology & 

Emission Limitations for Major Electric Generating Units: This regulation was heard 

and approved by the State Environmental Commission at their November 12, 2008 

meeting. It is being reconsidered to correct a minor error in one of the tables. This 

regulation would add a requirement for certain electric generating units to install 

best available retrofit technology and comply with emission limitations for NOx, SO2 

and PM10. These requirements apply to Sierra Pacific Resources' Fort Churchill and 

Tracy Generating Stations in the Mason Valley and the Truckee River Basins, 

respectively; as well as Nevada Power Company's Reid Gardner Generating Station in 

the California Wash northeast of Las Vegas; and Southern California Edison's Mohave 

Generating Station near Laughlin. This proposed regulation is necessary to comply 

with the federal Regional Haze Regulations promulgated in July 1999 (64FR35714). 

This regulation will have an economic impact on the regulated industry. In some 

cases, it requires the installation of new control technologies, an upgrade to existing 

controls and/or a switch to different fuel. In other cases, the requirements coincide 

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with what is required under existing permit conditions, and so the regulation will 

impose no additional cost. The proposed regulation will have no economic effect on 

the public, unless the industry chooses to pass the cost along to the consumer. There 

is no additional cost to the agency for enforcement of the proposed regulation and 

the regulation does not overlap, duplicate or conflict with any regulations of other 

government agencies. The regulation does not address fees. 

Waste Management 

3) Regulation R153-08: Adopt by Reference Changes to the Federal 

Hazardous Waste Regulations: This regulation would amend NAC 444. The proposed 

regulation would adopt by reference changes to the federal hazardous waste 

regulations through July 1, 2008. Proposed changes include the revision to an existing 

exclusion from the definition of solid waste (and thus from regulation as hazardous 

waste) for recycled oil bearing hazardous secondary materials and clarifications to 

previously approved air pollution regulations. 

This regulation will not have an immediate or long-term adverse economic impact on 

the public or the business community. There is no additional cost to the agency for 

enforcement of the proposed regulation and the regulation does not overlap, 

duplicate or conflict with any regulations of other government agencies. The 

regulation does not address fees. 

Other SEC Business 

__________________________________________________________________ 

4) Administrator's Briefing to the Commission 

__________________________________________________________________ 

5) Public Comment: Public comment may be limited to ten minutes per person at the 

discretion of the chairperson; See AG Reference @ Pages 58 & 81 at: 

http://ag.state.nv.us/publications/manuals/omlmanual.pdf 

__________________________________________________________________ 

Additional Information: 

Persons wishing to comment on the proposed actions of the State Environmental 

Commission (SEC) may appear at the scheduled public hearing or may address their 

comments, data, views, or arguments in written form to: State Environmental 

Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada 89701-5249. 

The SEC must receive written submissions at least five days before the scheduled 

public hearing. 

If no person who is directly affected by the proposed action appears to request time 

to make an oral presentation, the SEC may proceed immediately to act upon any 

written submissions. 
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Members of the public can inspect copies of the regulations to be adopted at the 

State Library and Archives in Carson City (100 Stewart Street), and at the offices of 

the Division of Environmental Protection in Carson City and Las Vegas. The Carson City 

office is located at 901 South Stewart Street, Suite 4001 and the Las Vegas office is 

located at 2030 E. Flamingo Rd. Suite 230. 

This notice has been posted at the following locations: the Bryan Building (901 South 

Stewart Street, Carson City, Nevada); the offices of the Division of Environmental 

Protection in Las Vegas (2030 E. Flamingo Rd. Suite 230) and at the Nevada 

Department of Wildlife (1100 Valley Road, Reno, Nevada). 

In addition, copies of this notice have been deposited electronically at major library 

branches in each county in Nevada. This notice and the text of the proposed 

regulations are also available on the State Environmental Commission’s website at: 

SEC.NV.GOV. All of the proposed regulations denoted in this notice, including previous 

drafts, are also posted on the Legislative Counsel Bureau’s website at 

http://www.leg.state.nv.us/Register/ 

Members of the public who are disabled and require special accommodations or 

assistance at the meeting are requested to notify, in writing, the Nevada State 

Environmental Commission, in care of John B. Walker, Executive Secretary, 901 South 

Stewart Street, Suite 4001, Carson City, Nevada 89701-5249, facsimile (775) 687-5856, 

or by calling (775) 687-9308, no later than 5:00 p.m. on February 04, 2008. 

Upon adoption of any regulation, the SEC, if requested to do so by an interested 

person, either before adoption or within 30 days thereafter, will issue a concise 

statement of the principal reasons for and against its adoption and incorporate 

therein its reason for overruling the consideration urged against its adoption. 
A.2.2.2 Newspaper Advertisements 

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A.2.2.3 Filing with Secretary of State 

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