Nevada Division of Environmental Protection January 2013

The Nevada Division of Environmental 

Protection Portion of the Nevada State 

Implementation Plan for the 

2010 Nitrogen Dioxide Primary NAAQS: 

Demonstration of Adequacy

January 18, 2013

State of Nevada

Nevada Division of Environmental Protection

901 South Stewart Street, Suite 4001

Carson City, Nevada 89701

775.687.4670 

http://ndep.nv.gov/
Nevada Division of Environmental Protection January 2013

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Nevada Division of Environmental Protection January 2013

Acronyms and Abbreviations 

BART Best available retrofit technology

CAA Clean Air Act 

CFR Code of Federal Regulations

FIP Federal implementation plan 

FR Federal Register 

NAAQS National ambient air quality standard 

NDEP Nevada Division of Environmental Protection 

NO2 Nitrogen dioxide

NOx Oxides of nitrogen

NAC Nevada Administrative Code

NRS Nevada Revised Statute 

NSR New source review 

PM2.5 Particulate matter less than or equal to a nominal 2.5 microns in aerodynamic 

diameter 

PM10 Particulate matter less than or equal to a nominal 10 microns in aerodynamic 

diameter 

PSD Prevention of significant deterioration 

SIP State implementation plan

US EPA U.S. Environmental Protection Agency 
Nevada Division of Environmental Protection January 2013

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Introduction and Background 

Sections 110(a)(1) and 110(a)(2), which are generally called the “infrastructure” state 

implementation plan (SIP) requirements of the Clean Air Act (CAA), require states to submit a

plan to the U.S. Environmental Protection Agency (US EPA) demonstrating their ability and 

authority to implement, maintain, and enforce each newly promulgated or revised national 

ambient air quality standard (NAAQS). Section 110(a)(1) addresses the timing requirement for 

the submission of infrastructure SIPs. States are required to submit a statewide infrastructure SIP 

to the US EPA not later than 3 years after promulgation of a new or revised NAAQS. 

Section 110(a)(2) lists the elements, (A) through (M), that must be addressed in an infrastructure 

SIP. Many of the section 110(a)(2) elements relate to the general information and authorities that 

constitute the infrastructure of a state’s air quality management program. The required elements 

include: enforceable emission limitations, an ambient air monitoring program, an enforcement 

program, air quality modeling capabilities, and confirmation of adequate personnel, resources 

and legal authority. 

The federally enforceable applicable SIP for Nevada is compiled in 40 CFR Part 52 Subpart DD. 

This submittal addresses the Nevada Division of Environmental Protection’s (NDEP) authority

to implement, maintain and enforce the 2010 primary NAAQS for nitrogen dioxide (NO2) for the 

NDEP’s jurisdiction. The following table demonstrates how the NDEP, through its SIP and state 

programs, meets each of the applicable requirements of section 110(a)(2). Although some of the 

SIP provisions may not be in state regulation, they are incorporated into title V operating permits 

and are federally enforceable.

Per US EPA direction, the NDEP has developed the table in accordance with US EPA’s October 

14, 2011 guidance for the 2008 lead NAAQS (US EPA, Memorandum to Regional Air Division 

Directors, 10/14/11. Guidance on Infrastructure State Implementation Plan (SIP) Elements 

Required Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air 

Quality Standards (NAAQS). Stephen D. Page). We have also relied on US EPA’s recent action 

on Nevada’s ozone and fine particulate matter infrastructure SIPs (77 FR 64737). The statutory 

and regulatory provisions of the applicable SIP referenced in the table may be viewed in 

Appendices A and B, respectively.

The following support documents are appended:

APPENDIX A: State of Nevada Applicable SIP: Statutory Elements

APPENDIX B: State of Nevada Applicable SIP: Regulatory Elements

APPENDIX C: Ambient Air Monitoring Network Plan 2012

APPENDIX D: May 30, 2007 letter to the US EPA Region 9 Administrator

APPENDIX E: Non-SIP provisions cited in Elements A and J

APPENDIX F: Evidence of Public Participation
Nevada Division of Environmental Protection January 2013

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Nevada Applicable State Implementation Plan Provisions for the 2010 NO2 Primary NAAQS:

Nevada Division of Environmental Protection Jurisdiction

SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

(A)

Emission limits and other control measures:

Each such plan shall [. . .] include enforceable emission limitations and other control measures, means, or techniques 

(including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules 

and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of this chapter.

The dominant source sectors for nitrogen oxide (NOx) emissions are mobile sources and fuel combustion. Industrial processes, 

miscellaneous (dominated by waste disposal), and fires are less important source sectors. The Nevada applicable SIP includes 

enforceable emission limits and other control measures, means, or techniques, as well as schedules for compliance to support 

element (A) in Nevada Administrative Code (NAC): 

 445B.22067 Open burning.

 445B.2207 Incinerator burning. 

 445B. 22083 Construction, major modification or relocation of plants to generate electricity using steam produced by 

burning of fossil fuels.

 445B.22095 Emission limitation for BART.

 445B.22096 Control measures constituting BART; limitations on emissions. *

 445B.22097 Standards of quality for ambient air.

 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state 

implementation plan.

 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.

 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height

*

The best available retrofit technology (BART) emission limits for NOx at the Reid Gardner Generating Station (RGGS), as well as 

compliance method, and compliance schedule listed in NAC 445B.22096 are not in the SIP; rather, US EPA published a Federal 

Implementation Plan (FIP) (77 FR 50936), which established NOx emission limits for RGGS. The Nevada State Environmental 

 

1 The NDEP requests that as provisions in Nevada’s current applicable SIP are replaced or removed through subsequent approvals by US EPA of updated 

provisions submitted by the NDEP, US EPA also replace or remove those provisions in this NO2 infrastructure SIP. 
Nevada Division of Environmental Protection January 2013

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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

Commission adopted the emission limits from the FIP on October 11, 2012.

NAC 445B.221, “Adoption by reference and applicability of certain provisions of federal law and regulations,” has not been 

submitted as part of Nevada’s SIP, but is in state regulation and further supports this element (see Appendix E). 

Finally, the NDEP has full delegation from the US EPA of the federal prevention of significant deterioration (PSD) program as it 

existed on July 20, 2011 at 40 CFR § 52.21. The PSD program provides a permitting review system to assure that the best controls 

available are selected before construction of a new major stationary source or modification of an existing major stationary source.

(B)

Ambient air quality monitoring/data system:

Each such plan shall [. . .] provide for establishment and operation of appropriate devices, methods, systems, and 

procedures necessary to (i) monitor, compile, and analyze data on ambient air quality, and (ii) upon request, make such 

data available to the Administrator.

The NDEP commits to an ambient air quality monitoring program in its CAA section 105 grant work plan. The NDEP operates an 

air quality monitoring network that collects ambient air quality data that are compiled, analyzed, and reported to US EPA in 

accordance with 40 CFR 58. The network comprises federally-approved monitors that measure ozone, PM10 and PM2.5. The NDEP 

submitted its 2011 Annual Monitoring Network Plan to US EPA on June 30, 2011. US EPA indicated in a letter received by the 

NDEP on November 4, 2011 that the details of the NDEP’s monitoring network meet the requirements set forth under 40 CFR Part 

58.10. The NDEP’s 2012 Annual Monitoring Network Plan (Appendix C) was submitted to US EPA on June 30, 2012; as of 

January 22, 2013 the US EPA had indicated that it would be approving the NDEP’s 2012 plan, but official notification had not 

been received.

US EPA’s new monitoring requirements for NO2 (75 FR 6474, February 9, 2010) do not require monitoring for NO2 within the 

NDEP’s jurisdiction, as no areas within NDEP’s jurisdiction meet the placement requirements for near road monitoring, 

community wide monitoring, or monitoring to protect susceptible and vulnerable populations. 

(C)

Programs for enforcement, PSD, and NSR:

Each such plan shall [. . .] include a program to provide for the enforcement of the measures described in subparagraph 

[element] (A), and regulation of the modification and construction of any stationary source within the areas covered by the 

plan as necessary to assure that national ambient air quality standards are achieved, including a permit program as 

required in parts C and D of this subchapter.

The Nevada applicable SIP contains the following provisions that provide enforcement authority.
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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

 NRS:

 445B.210 Powers of Commission.

 445B.230 Powers and duties of Department.

 445B.450 Notice and order by Director; hearing; alternative procedures.

 445B.460 Injunctive relief.

 445B.640 Levy and disposition of administrative fines; additional remedies available; penalty.

 NAC:

 445B.225 Prohibited conduct: Concealment of emissions.

 445B.227 Prohibited conduct: Operation of source without required equipment; removal or modification of required 

equipment; modification of required procedure.

 445B.229 Hazardous emissions: Order for reduction of emissions.

 445.667 Excess emissions: Scheduled maintenance; testing; malfunctions.

 445B.250 Notification of planned construction or reconstruction.

 445B.252 Testing and sampling.

 445.694 Emission discharge information.

 445B.275 Violations: Acts constituting; notice.

 445B.277 Stop orders.

 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state 

implementation plan.

 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.

 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height.

 Article 13 General Provisions for the Review of New Sources.

In addition, the NDEP has full delegation from the US EPA of the federal PSD program as it existed on July 20, 2011 at 40 CFR 

52.21. 40 CFR 52.1485(b) incorporates the provisions of § 52.21 into the Nevada applicable SIP.

(D)(i) Interstate transport provisions:

Each such plan shall [...] contain adequate provisions: (i) prohibiting, consistent with the provisions of this subchapter, 
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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

any source or other type of emissions activity within the State from emitting any air pollutant in amounts which will, (I) 

contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such 

national primary or secondary ambient air quality standard, or (II) interfere with measures required to be included in the 

applicable implementation plan for any other State under part C of this subchapter to prevent significant deterioration of 

air quality or to protect visibility.

(D)(i)(I)

The requirements of (D)(i)(I) are addressed based on the “Design Value Report” for 2011 Nitrogen Dioxide downloaded from 

EPA’s Air and Radiation, Air Trends, Design Values webpage at http://www.epa.gov/airtrends/values.html.

Only one area in the United States, Los Angeles South Coast Air Basin, CA, has previously been designated nonattainment for the

nitrogen dioxide annual NAAQS (see Table 1 of the linked workbook). This area was redesignated attainment on June 9, 2010 and 

is the only maintenance area listed in the United States (Table 5a) for the annual standard. 2000 through 2010 design values for 

Los Angeles South Coast Air Basin, CA are less than the annual NAAQS of 53 parts per billion (Table 3). No violating counties or 

monitor sites for the nitrogen dioxide annual NAAQS are identified by US EPA based on 2011 design values (Table 2, Table 4a, and 

Table 5a) or 2002 through 2011 design value history (Table 6a).

 

No violating counties or monitor sites for the nitrogen dioxide 1-hour NAAQS are identified by US EPA based on 2011 design 

values (Table 4b, Table 5b). Design values exceed the 2010 1-hour NAAQS at monitors in: Maricopa County, AZ for 2002; Los 

Angeles County, CA for 2002 through 2005; San Bernardino County, CA 2002 through 2003; Cook County, IL for 2007 through 

2009; and Union County, NJ for 2002 based on the design values in Table 6b. These five highly urbanized counties have significant 

amounts of local, combustion-generated NOx emissions from mobile, point, and area sources that contribute to the violating design 

values recorded by these monitors. In addition, design values calculated for these monitor sites meet the 1-hour NAAQS for the 

remaining years of data between 2002 and 2011 (Table 6b). 

Given the significant locally-generated NOx emissions at the receptor sites and distances from sources within the NDEP’s 

jurisdiction, the NDEP believes it is reasonable to conclude that emissions from sources within the NDEP’s jurisdiction do not 

interfere with maintenance of the 2010 1-hour NAAQS at receptor locations in southern California or contribute to potential 

nonattainment at receptor locations in Arizona, Illinois, or New Jersey. 
Nevada Division of Environmental Protection January 2013

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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

(D)(i)(II)

New major sources and major modifications in Nevada are subject to PSD, thus meeting the requirements of (D)(i)(II). The NDEP 

has full delegation of the federal PSD program as it existed on July 20, 2011 at 40 CFR § 52.21. 40 CFR 52.1485(b) incorporates 

the federal PSD provisions (§ 52.21) into Nevada’s applicable SIP. The visibility requirements of subsection (D)(i)(II) are 

addressed by the “Nevada Regional Haze State Implementation Plan.” US EPA finalized approval of most of the Nevada regional 

haze SIP on March 26, 2012 (77 FR 17334). US EPA approved in part and disapproved in part the remaining portion of the 

regional haze SIP on August 23, 2012 (77 FR 50936). In the same action, US EPA promulgated a FIP replacing the disapproved 

provisions of the State plan. The NDEP is completing work on a revised SIP to replace all portions of the FIP. 

(D)(ii)

Interstate and international transport provisions:

Each such plan shall [. . .] contain adequate provisions: (ii) insuring compliance with the applicable requirements of CAA 

sections 115 or 126 that involve NO2 emissions (relating to interstate and international pollution abatement).

CAA section 115 

The requirements of section 115 do not apply, because there are no actions pending against Nevada.

CAA section 126 

The requirements of section 126 (b) and (c) do not apply, because there are no petitions pending against Nevada. The following

provisions (NAC) of the Nevada applicable SIP address the CAA section 126(a) requirements regarding notification to affected 

nearby states of major proposed new or modified sources. [see also elements (J) and (M)]:

 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

 445B.3364 Operating permit to construct: Action by Director on application; notice; public comment and hearing.

 445B.3395 Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration 

of permit.

 445B.3425 Minor revision of permit.

 445B.344 Significant revision of permit.

 445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.

 445B.3457 Action by Director on application; notice; public comment and hearing; expiration of permit.

In addition, the NDEP has full delegation of the federal PSD program as it existed on July 20, 2011 at 40 CFR § 52.21. The 

federal PSD program is incorporated into Nevada’s applicable SIP at 40 CFR 52.1485. The PSD program also addresses the 
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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

section 126(a) notification requirements.

(E)

Adequate personnel, funding and authority:

Each such plan shall [. . .] provide: 

(i) necessary assurances that the state (or, except where the Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designated by the state or general purpose local governments for such 

purpose) will have adequate personnel, funding, and authority under state (and, as appropriate, local) law to carry out such 

implementation plan (and is not prohibited by any provision of federal or state law from carrying out such implementation 

plan or portion thereof), 

(ii) requirements that the state comply with the requirements respecting state boards under section 128, (See section 40 

CFR 52.1182, http://edocket.access.gpo.gov/cfr_2004/julqtr/pdf/40cfr52.1180.pdf

(iii) necessary assurances that, where the state has relied on a local or regional government, agency, or instrumentality for

the implementation of any plan provision, the state has responsibility for ensuring adequate implementation of such plan 

provision.

NRS 445B.205, “Department designated as State Air Pollution Control Agency,” designates the Department of Conservation and 

Natural Resources as the air pollution control agency for the State of Nevada for the purposes of the CAA insofar as it pertains to 

state programs. Within the Department, pursuant to NAC 445B.053 (“Director” defined), the Director has assigned the NDEP 

responsibility to manage air quality planning and air pollution control programs for the State and to act on his behalf for the 

purposes of adoption, revision and submittal of state plans (see Appendix D).

The specific statutes in the Nevada applicable SIP that deal with personnel, funding, authority to support SIP requirements, CAA 

section 128 requirements, and state responsibility for implementing the SIP include NRS:

 232A.020 Residency requirement for appointment; terms of members; vacancies; qualification of member appointed as 

representative of general public; gubernatorial appointee prohibited from serving on more than one board, commission or 

similar body.

 281A.150 Public employee defined.

 281A.160 Public officer defined.

 281A.400 General requirements: exceptions.

 281A.410 Limitations on representing or counseling private persons before public agencies; disclosure required by certain 

public officers.
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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

 281A.420 Requirements regarding disclosure of conflicts of interest and abstention from voting because of certain types of 

conflicts; effect of abstention on quorum and voting requirements; exceptions. 445B.200 Creation and composition; 

Chairman; quorum; compensation of members and employees; disqualification; technical support.

 445B.210 Powers of Commission.

 445B.220 Additional powers of Commission.

 445B.225 Power of Commission to require testing of sources.

 445B.230 Powers and duties of Department.

 445B.235 Additional powers of Department.

 445B.240 Power of representatives of Department to enter and inspect premises.

 445B.245 Power of Department to perform or require test of emissions from stacks.

 445B.300 Operating permit for source of air contaminant; notice and approval of proposed construction; administrative 

fees; failure of Commission or Department to act.

 445B.450 Notice and order by Director; hearing; alternative procedures.

 445B.460 Injunctive relief.

 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.

 445B.510 Commission may require program for designated area.

 445B.520 Commission may establish or supersede county program.

 445B.530 Commission may assume jurisdiction over specific classes of air contaminants.

 445B.540 Restoration of superseded local program; continuation of existing local program.

 445B.560 Plan or procedure for emergency.

 445B.570 Confidentiality and use of information obtained by Department; penalty.

 445B.580 Officer of Department may inspect or search premises; search warrant.

 445B.640 Levy and disposition of administrative fines; additional remedies available; penalty for failure to pay 

administrative fine.
Nevada Division of Environmental Protection January 2013

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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

Further, Section 12 (“Resources”) of the Nevada applicable SIP, updated effective October 23, 2012 (77 FR 64737), provides

information concerning funding and personnel supporting the functions of the three air pollution control agencies administering 

CAA programs in Nevada: the NDEP, Clark County Department of Air Quality, and Washoe County Health District Air Quality 

Management Division.

The Nevada Legislature approves the NDEP air programs’ funding and personnel resources requests every two years. The air 

programs receive funding from fees paid by regulated businesses, motor vehicle registration fees, and federal grants. The NDEP’s 

State Fiscal Year 2011 budget is in excess of $7 million with 54 approved full-time equivalent staff positions in the air programs.

(F)

Stationary source monitoring and reporting:

Each such plan shall [. . .] require, as may be prescribed by the Administrator: 

(i) the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by 

owners or operators of stationary sources to monitor emissions from such sources, 

(ii) periodic reports on the nature and amounts of emissions and emissions-related data from such source, and

(iii) correlation of such reports by the state agency with any emission limitations or standards established pursuant to this 

chapter, which reports shall be available at reasonable times for public inspection.

Nevada’s applicable SIP provides a system for monitoring emissions from stationary sources and the submittal of periodic emission 

reports in NAC: 

 445B.252 Testing and sampling.

 445B.256 Monitoring systems: Calibration, operation, and maintenance of equipment.

 445B.257 Monitoring systems: Location.

 445B.258 Monitoring systems: Verification of operational status.

 445B.259 Monitoring systems: Performance evaluations.

 445B.260 Monitoring systems: Components contracted for before September 11, 1974.

 445B.261 Monitoring systems: Adjustments.

 445B.262 Monitoring systems: Measurement of opacity.

 445B.263 Monitoring systems: Frequency of operation.

 445B.264 Monitoring systems: Recordation of data.

 445B.265 Monitoring systems: Records; reports.

 445B.267 Alternative monitoring procedures or requirements.
Nevada Division of Environmental Protection January 2013

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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

 445B.275 Violations: Acts constituting; notice.

 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state 

implementation plan. [See paragraph (a) of subsection (7).]

 445B.315(3) Contents of operating permits: Exception for operating permits to construct; required conditions.

 445B.3368 Additional requirements for application; exception.

 445B.346 Required contents of permit.

NRS 445B.570 is also supportive of the portion of the CAA section 110(a)(2)(F)(iii) requirement pertaining to the public availability 

of reports.

Ambient air quality monitoring data and trends are reported annually in the Nevada Air Quality Trend Report. This report 

indirectly correlates stationary source emissions with the NAAQS. It is available for public inspection on the NDEP’s web site at 

http://ndep.nv.gov/baqp/monitoring/docs/trend.pdf. Additionally, the state submits stationary source emissions data to US EPA for 

publication in the annual National Emission Inventory, which is also available for public inspection.

(G)

Emergency episodes:

Each such plan shall provide for authority comparable to that in section 303 of this title and adequate contingency plans to 

implement such authority.

Emergency powers are provided in Nevada’s current SIP in:

 NRS 445B.560 Plan or procedure for emergency.

 NAC 445B.229 Hazardous emissions: Order for reduction or discontinuance.

 NAC 445B.230 Plan for reduction of emissions. 

The provisions cited above are adequate to constrain any sources of NO2 emissions, as necessary, in an emergency situation. The 

NDEP’s jurisdiction is classified as a Priority III area for sulfur oxides, particulate matter, carbon monoxide, nitrogen dioxide and 

ozone. Priority III areas are not required to prepare emergency episode plans.

(H)

Future SIP revisions:

Each such plan shall [. . .] provide for revision of such plan—

(i) from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air 

quality standard or the availability of improved or more expeditious methods of attaining such standard, and 
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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

(ii) except as provided in paragraph (3)(C), whenever the Administrator finds on the basis of information available to the 

Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it 

implements or to otherwise comply with any additional requirements established under this chapter (CAA).

NRS 445B.205, “Department designated as State Air Pollution Control Agency,” designates the Department of Conservation and 

Natural Resources as the air pollution control agency for the State of Nevada for the purposes of the CAA insofar as it pertains to 

state programs. Within the Department, pursuant to NAC 445B.053 (“Director” defined), the Director has assigned the NDEP 

Administrator responsibility to manage air quality planning and air pollution control programs for the State and to act on his 

behalf for the purposes of adoption, revision and submittal of state plans (see Appendix D). The NDEP commits to submit 

appropriate SIP revisions in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in 

response to a US EPA finding that the SIP is substantially inadequate. 

Other NRS SIP provisions that that may provide support for this element include:

 445B.135 “Federal Act” defined.

 445B.210 Powers of Commission.

 445B.220 Additional powers of Commission.

 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.

(I)

Nonattainment area plan or plan revision under Part D:

Each such plan shall [. . .] in the case of a plan or plan revision for an area designated as a nonattainment area, meet the 

applicable requirements of part D of this subchapter (relating to nonattainment areas).

US EPA considers this element of 110(a)(2) to be outside the scope of infrastructure SIP actions because it pertains to plan 

requirements for nonattainment areas. Therefore, US EPA does not expect infrastructure SIP submissions to address this element 

(US EPA, Memorandum to Regional Air Division Directors, 10/14/11. Guidance on SIP Elements Required Under Sections 

110(a)(1) and (2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS). S. Page).

(J) Consultation with government officials, public notification, PSD and visibility protection:

Each such plan shall [. . .] meet the applicable requirements of section 121 of this title (relating to consultation), section 

127 of this title (relating to public notification), and part C of this subchapter (relating to prevention of significant 
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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

deterioration of air quality and visibility protection).

CAA Section 121

Section 11 of the Nevada applicable SIP, “Intergovernmental Relations,” describes the process for consultation among the three air 

pollution control agencies administering CAA programs in Nevada: NDEP, Clark County Department of Air Quality, and Washoe 

County Health District’s Air Quality Management Division, as well as for regional planning and transportation agencies that also 

have certain air-quality-planning-related responsibilities. It identifies the applicable state and local provisions governing 

consultation; describes provisions relevant to consultation in permitting new or modified stationary sources; and, for Clark County, 

Washoe County and the Lake Tahoe Basin, addresses consultation’s role in transportation planning and conformity to the Nevada 

applicable SIP.

Together with Section 11, the following SIP provisions fulfill the requirements of CAA section 121.

 NRS:

 445B.220 Additional powers of Commission.

 445B.235 Additional powers of Department.

 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 small counties; regulation of 

certain electric plants provided.

 445B.503 Local air pollution control board in county whose population is 400,000 or more: Cooperation with regional 

planning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or 

program.

 445B.510 Commission may require program for designated areas.

 NAC:

 445B.325 Operating permits: Termination, reopening and revision, revision, or revocation and reissuance.

 445B.3364 Operating permit to construct: Action by Director on application; notice; public comment and hearing.

 445B.3395 Action by Director on application; notice; public comment and hearing; objection by Administrator; expiration 

of permit.

 445B.3425 Minor revision of permit.
Nevada Division of Environmental Protection January 2013

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SECTION 

110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA APPLICABLE SIP1

 445B.344 Significant revision of permit.

 445B.3441 Administrative revision of permit to incorporate conditions of certain permits to construct.

 445B.3457 Action by Director on application; notice; public comment and hearing; expiration of permit.

 445B.3447 Class I general permit.

The following provisions have not been submitted as part of Nevada’s SIP, but are in state law or regulation and further support 

this element requirement (see Appendix E).

 NRS Chapter 445B, Air Pollution:

 445B.100 Declaration of public policy.

 NRS Chapter 233B, Nevada Administrative Procedure Act, requires notification and provision of comment opportunities to all 

parties affected by proposed regulations:

 233B.060 Notice of adoption, amendment or repeal of permanent or temporary regulation; adoption of permanent 

regulation after adoption of temporary regulation.

 233B.0603 Contents and form of notice of intent to adopt, amend or repeal permanent or temporary regulation; solicitation 

of comments from public or affected businesses.

 233B.061 Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open 

Meeting Law.

Additionally, NAC 445B.221, “Adoption by reference and applicability of certain provisions of federal law and regulations,”

adopts the federal PSD requirements by reference and thereby includes requirements to consult with affected land managers on 

PSD-related actions.

Section 127 

The entire state of Nevada is designated unclassifiable/attainment for the 2010 NO2 NAAQS. The NDEP maintains a web site, 

http://ndep.nv.gov/, which describes the state’s air quality planning and air pollution control programs and includes public 

information pages with public notices and news releases. The Nevada Air Quality Trend Report 

(http://ndep.nv.gov/baqp/monitoring/docs/trend.pdf) is published annually and includes a discussion of air quality trends with 

respect to the NAAQS.
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Part C 

The NDEP has full delegation from the US EPA of the federal PSD program as it existed on July 20, 2011 at 40 CFR 52.21. 40 

CFR 52.1485(b) incorporates the federal PSD provisions (§ 52.21) into Nevada’s applicable SIP. With respect to visibility 

protection, US EPA does not expect to treat this provision as applicable for purposes of the infrastructure SIP approval process (US 

EPA Memorandum 10/14/11, Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards (NAAQS). S. Page). For informational purposes, the NDEP submitted a regional haze SIP 

to US EPA on November 18, 2009. US EPA approved the entire RH SIP, with the exception of certain requirements for BART for 

NOx at NV Energy’s Reid Gardner Generating Station (77 FR 17334). On August 23, 2012, US EPA approved in part and 

disapproved in part the remaining portion of the regional haze SIP (77 FR 50936). In the same action, US EPA promulgated a FIP 

replacing the disapproved provisions of the State plan. 

(K)

Air quality modeling/data:

Each such plan shall [. . .] provide for—

(i) the performance of such air quality modeling as the Administrator may prescribe for the purpose of predicting the 

effect on ambient air quality of any emissions of any air pollutant for which the Administrator has established a national 

ambient air quality standard, and 

(ii) the submission, upon request, of data related to such air quality modeling to the Administrator.

Nevada’s applicable SIP provides provisions for the environmental evaluation of stationary sources in:

 NAC 445B.308 Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state 

implementation plan.

 NAC 445B.310 Environmental evaluation: Applicable sources and other subjects; exemption.

 NAC 445B.311 Environmental evaluation: Contents; consideration of good engineering practice stack height.

 Article 13 General Provisions for the Review of New Sources.

Together with the NDEP’s full delegation of the federal PSD program, as adopted into the Nevada applicable SIP through 40 CFR

1485 (see element C above), these regulations meet the requirements of this element.

(L)

Permitting fees:

Each such plan shall require the owner or operator of each major stationary source to pay to the permitting authority, as a 

condition of any permit required under this chapter, a fee sufficient to cover—

(i) the reasonable costs of reviewing and acting upon any application for such a permit, and 
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(ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enforcing the 

terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement 

action), until such fee requirement is superseded with respect to such sources by the Administrator’s approval of a fee 

program under subchapter (title) V of this chapter.

In US EPA’s Technical Support Document (“Overarching” TSD) for their October 23, 2012 action on Nevada’s1997 ozone, 1997 

PM2.5 and 2006 PM2.5 NAAQS infrastructure SIP submittals, they note that, “. . . the permitting fee requirement under CAA section 

110(a)(L) is superseded by EPA approval of a fee program under title V of the CAA, and we [EPA] have approved the title V 

programs of NDEP, Clark County, and Washoe County.” (77 FR 64737) Thus, US EPA’s approval of the NDEP’s title V program 

(66 FR 63188, December 5, 2001) satisfies this element.

(M) Consultation/participation by affected local entities:

Each such plan shall [. . .] provide for consultation and participation by local political subdivisions affected by the plan.

The following applicable SIP provisions provide a framework for consultation in the development of SIPs or SIP revisions. 

 NRS:

 445B.210 Powers of Commission.

 445B.220 Additional powers of Commission.

 445B.235 Additional powers of Department; deposit of money collected from sale of emission credits or allocations; 

Department to develop regulations concerning public participation in determination of amount of emission credits or 

allocations available for sale.

Section 11 of the Nevada applicable SIP, “Intergovernmental Relations,” describes the process for consultation among the three air 

pollution control agencies administering CAA programs in Nevada: NDEP, Clark County Department of Air Quality, and Washoe 

County Health District’s Air Quality Management Division, as well as for regional planning and transportation agencies that also 

have certain air-quality-planning-related responsibilities. For each area, SIP Section 11 identifies the applicable state and local 

provisions governing consultation and notification to affected entities, including for those parts of the SIP related to permitting new 

and modified major sources and transportation planning, as appropriate. By the very nature of delegating air program 

responsibilities to Clark County and Washoe County, and cooperating with the Tahoe Regional Planning Agency, while retaining

SIP revision authority at the state level, Nevada has instilled a process for developing, implementing, and enforcing the SIP that 

relies upon the involvement of such local political subdivisions.
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The Nevada applicable SIP further provides authority and functionality to the primary agencies in Clark and Washoe counties to 

engage local political subdivisions in air quality planning. It also includes provisions to supersede a county program, if such 

program is found inadequate by the State Environmental Commission. These authorities are found in 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. 

 445B.503 Local air pollution control board in county whose population is 700,000 or more: Cooperation with regional 

planning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or 

program.

 445B.510 Commission may require program for designated area.

 445B.520 Commission may establish or supersede county program.