## NOTICE 

## OF INTENT TO SOLICIT PUBLIC COMMENT OR REQUEST A PUBLIC HEARING

From July 12, 2010 until August 11, 2010, the Nevada Department of Agriculture is solicitingfrom all interested persons comment, or a request to hold a public hearing, regarding a contingency plan included in an update of the Clark County CO Maintenance Plan. Inthe case of violations to this updated plan, the~contingency calls for a reversion to a gasoline standard codified previously in Nevada Administrative Code section 590.065. See subsection 2 belowfor the text of the Contingency Plan to be submitted to the EPA.

1. 

### The needfor and the purpose of this notice. The Clark County Department of Air Quality and Environmental Management (DAQEM) has been working with the Environmental ProtectionAgency (EPA) on a revision to a Carbon Monoxide Maintenance Plan, as outlined in Section 175A of the CleanAir Act (CAA). The existing plan called for a maximum vapor pressure for gasoline of 9.0 pounds per square inch (psi) from October 1 through March 31. This maximumwas codified in Nevada Administrative Code chapter 590. Inthe revisionto the maintenance plan, Clark County DAQEM petitionedthe Nevada Board of Agriculture to increase the vapor pressure maximum to 13.5 psi. This change was approved by the Board of Agriculture in December2009, and approved by the Legislative Commission in January, 2010. Section 175A(d) of the CAA states that this plan revision must include contingency provisions in the event of violations to the new standard.

As stated in Title 40 of the Code of Federal Regulations,$51.102, it is requiredto provide a 30 day periodfor the publicto submit written comment or for a request to be made to hold a public hearing on this issue.



### 2. 'The following isthe text of the proposed contingency plan:

This letter constitutes a commitmentby the Nevada Department ofAgriculture to implement the following contingency plan contained in the Clark County CarbonMonoxide Redesignation Request and Maintenance Plan, September 2008. Section 175A(d)of the Clean Air Act requires that revisions to State ImplementationPlans (SIP) for maintenanceplans must contain contingencyprovisions to assure that any violation ofNational Ambient Air Quality (NAAQ) Standards will be promptly corrected. In compliancewith that requirement, the contingency measure proposed for this SIP revision is as follows:
Upon approval of an increaseto the wintertime Reid Vapor Pressure (RVP) maximum for gasoline as described in CarbonMonoxide Redesignation Request and Maintenance Plan, September 2008, and 

### in the event of a carbon monoxide violation ofNAAQ Standards,the Bureau of PetroleumTechnology of the Nevada DepartmentofAgriculture will request that the Nevada Board ofAgriculturerevert to the previous wintertime RVP maximum for gasoline.

If a violationofthe carbon monoxideNAAQ Standards occurs, Clark County Department of Air Quality and Environmental Management will notify the Bureau of Petroleum Technology of the Nevada Department of Agriculture. As described in Nevada Revised Statute Chapter 233B, because a change to the Nevada Administrative Code (NAC) will be necessary, the Bureau will submit a draft file (amending NAC 590.065 to reflect the previous RVP maximum) to the Nevada Legislative Counsel Bureau (LCB). Petroleum Technology will then seek approval from the Nevada Board ofAgriculture to take action.The Board of Agriculturemeets quarterly (normally in March, June, September and December),

so this request will be made at the first Board Meeting following notification, notwithstanding deadlines for submittingagenda items for the Board Meeting.



### As described in Nevada Revised StatuteChapter233B, a workshop and hearing will be scheduled and held, to provide for public comment and discussion, following approval ofthe request by the Board of Agriculture.

The comments will be presented to the Board at their next meeting for approval, and the final draft file sent back to LCB forprocessing, and placement on the agenda of the next meeting of the LegislativeCommission.

3. 

### If the action is required pursuant to federal law, a citation and description of the federal law. As stated in subsection 1 above, Section 175A(d) of the Clean Air Act requires a revision to a maintenance plan to include contingency provisions. Likewise, Title 40 of the Code of Federal Regulations, §51.I02 requires a 30 day periodfor the public to submit written comment or for a request to be made to hold a public hearing on this issue.

Persons may address their comments, or request that a public hearing be held, by submission in written form, to
Nevada Department 

### ofAgriculture 2150 Frazer Avenue Sparks, 

### NV 89431 ATTN: William Striejewske wstriejewske@agri.state.nv.us

Written comments or requestsfor public hearing must be received by the Nevada Department of Agriculture on or before the close of business August 11, 2010.

If there is no request for a public hearing, the Nevada Department of Agriculture will announce that fact on the department website, at http://aqri.nv.qov/, following the deadline date given above. Information about the public comment period and whether a hearing will be held or not will also be available by calling the Nevada Department of Agriculture Weights 

### & Measures office at (775) 688-1166.

A copy of this notice and the proposed Contingency Plan will be on file at the State Library, 100 Stewart Street, Carson City, Nevada,for inspection by members of the public during business hours. This notice can also be viewed on the Department of Agriculture website, http://agri.nv.qov/, as well as at the Departmentof Agriculture offices in Sparks, Elko, and Las Vegas between the hours of 8:00 a.m. and 500 p.m. Monday through Friday.
Nevada Department of Agriculture Nevada Department of Agriculture 405 South 2 1' Street 2300 McLeod Sparks,NV 8943 1 Las Vegas, NV 8 9104

Nevada Department of Agriculture Nevada Department of Agriculture 4780 E. Idaho Street 2 150Frazer Street Elko, NV 8980 1 Sparks, NV 8943

### 1and in all counties in which an office of the agency is not maintained, at the main public library,for inspection and copying by members of the public during business hours. Copies of this notice and the proposed regulationwill also be mailed to members of the public upon request.

### A reasonablefee may be charged for copies if it is deemed necessary.

Elko County Library 720 Court Street Elko, NV 89801

Humboldt County Library 85 East 5' Street Wimemucca, NV 89445
Mineral County Library P.O. Box 1390 (First & A Street) Hawthorne, NV 89415-1390 Pershing County Library P.O. Box 781 1 125 Cenhal Avenue Lovelock, NV 8941 9-0781

White Pine County Library 950 Campton Street Ely, NV 89301
Douglas County Library P.O. Box 337 1625 Library Lane Minden, NV 89423-0337 Las Vegas Review Journal Ed Vogel/Capital Bureau 102N. Cuny Street Carson City, NV 89703 Churchill County Library 553 South Maine Street Fallon, NV 89406
Esmeralda County Library P.O. Box 430 Goldfield, NV 89013-0430
Lincoln County Library P.O. Box 330 93 Main Street Pioche, NV 89043-0330 Goldfield Public Library P.O. Box 430 (Forth & Crook Street) Goldfield, NV 89013-0430 Storey County Library P.O. Box 14 95 South R Street Virginia City, NV 89440-0014
Lander County Library 625 South Broad Street Battle Mountain, NV 89820

State Library 100North Stewart Street Carson City, NV 89701-4285

Nevada Farm Bureau Federation 2165 Green Vista Drive, Suite 205 Sparks, NV 8943 1 Las Vegas - Clark County Library 833 Las Vegas Boulevard North Las Vegas,NV 89101 Eureka Branch Library P.O. Box 293 10190Monroe Street Eureka,NV 89316-0293
Lyon County Library 20 Nevin Way Yerington, NV 89447
Tonopah Public Library P.O. Box 449 171 Central Street Tonopah, NV 89049-0449
Washoe County Library P.O. Box 2151 301 South Center Reno, NV 89505-2 151
Carson City Library 900N. Roop Street Carson City, NV 89701

Smith Valley Library 22 Day Lane Smith,NV 89430

Battle Mountain BranchLibrary P.O. Box 141 Battle Mountain,NV 89820-0141