Nevada Division of Environmental Protection January 2013



# Th e Nevada Division of Environmental

Protection Por tion of the Nevada State Implementation Plan for the

20 10 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 ( This page left intentionally blank .)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

NO 2 Nitrogen dioxide

NO

x Oxides of nitrogen

NAC Nevada Administrative Code

NRS Nevada Revised Statute

NSR New source review

PM 2.5 Particulate matter less than or equal to a nominal 2.5 microns in aerodynamic

diameter

PM 10 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. En vironmental Protection AgencyNevada Division of Environmental Protection January 2013 ( This page left intentionally blank .)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 “ i nfrastructure” s tate
i mplementation p lan (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 SIP s

. 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 s tate’s air quality management program. The required elements

include: enforc eable emission limitations, an ambient air monitoring program, an enforcement

program, air quality modeling capabilities

, and confirmation of adequate personnel, resources and legal authorit y

.

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) authorit y to implement, maintain and enforce the 20 10 primary NAAQS for nitrogen dioxide (NO 2 ) for the

NDEP’s jurisdicti on

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

programs, meets each of the applicable requirements of s ection 110(a)(2). Although some of the SIP provisions may not be in state regulation, they are incorporated into title V op erating 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). S tephen D. Page )

. We have also relied on US EPA’s recent action

on N evada’s ozone and fine particulate matter infrastructure SIPs (77 FR 64737). The statutory and regulatory p rovisions 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 E lements A and J

APPENDIX F : Evidence of Public ParticipationNevada Division of Environmental Protection January 2013

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### Nevada Applicable State Implementation Plan Provisions for the 2010 NO 2 

### Primary NAAQS:

Nevada Division of Environmental Protection Jurisdiction

SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

(A) E mission 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 (NO

x ) 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 st eam 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 b est available retrofit technology ( BART ) emission limits for NO

x 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 NO

x 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 NO 2 infrastructure SI P.Nevada Division of Environmental Protection January 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

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 support s this element (see Appendix E).

Finally, t he NDEP has full dele gation 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 P S D 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 commit s 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 comprise s federally

- approved monitors that measure ozone

, PM 10 and PM

2.5

. The NDEP

submitted its 201 1 Annual Monitoring Network Plan to US EPA on June 30, 201 1

. US EPA indicated in a letter received by the

NDEP on November 4, 2011 that the d etails 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 ha d 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 NO 2 (75 FR 6474

, February 9 , 2010) do not require monitoring for NO 2 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 nece ssary 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

.Nevada Division of Environmental Protection January 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

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 infor mation.

 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

, t he 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,Nevada Division of Environmental Protection January 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

any source or other type of emissions activity within the S tate from emitting any air pollutant in amounts which will, (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other S tate with respect to any such national primary or secondary ambient air quality standard, or (II) int erfere with measures required to be included in the applicable implementation plan for any other S tate 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 Dio xide downloaded from EPA’s Air and Radiation, Air Trends, Design Values webpage at http://www.epa.g ov/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 attain ment 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 cou nties 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 nitr ogen dioxide 1

- hour NAAQS are identified by US EPA based on 2011 desig n 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 Count y, 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 NO

x emissions from mobile, p oint, 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).

Give n the significant locally

- generated NO

x 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 location s 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 A PPLICABLE SIP 1

(D)(i)(II) New major sources and major modifications in Nevada ar e 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. T he 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 r egional

h aze SIP on March 26, 2012 ( 77 FR 17334 ). US EPA approv ed in part and disapproved in part the remaining portion of the

r egional h aze 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 NO 2 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 Ope rating 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 o f 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, t he 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. Th e PSD pro gram also addresses theNevada Division of Environmental Protection January 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

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 h ave 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_20 04/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 imp lementation 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 perta ins 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 t he purposes of adoption, revisi on and submittal of state plans ( s ee Appendix D ).

The specific statutes i n 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.Nevada Division of Environmental Protection January 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 281A.420 Requirements regarding disclosure of conf licts 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; disq ualifica tion; 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 Departm ent.

 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 a ir 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 coun ties; regulation of certain electric plants prohibited

.

 445B.510 Commission may requ ire program for designated area.

 445B.520 Commission may establ ish or supersede county program.

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

.

 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 A PPLICABLE SIP 1

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 administeri ng CAA programs in Nevada: the NDEP, Clark County Depart ment 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 re gulated businesses, motor vehicle registration fees, and federal grants. The N DEP ’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 m onitor 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 equipmen t.

 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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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 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 re quirements 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 avai lability 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 sit e 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

.

T he provisions cited above are adequate to constrain any sources of NO 2 emissions, as nece ssary, in an emergency situation. T he NDEP’s jurisdiction is classified as a Priority III area for sulfur oxides, particulate matter, carbon monoxide, nitrogen dio xide 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, andNevada Division of Environmental Protection January 2013

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- SECTION 110(a)(2)

ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

(ii) except as provided i n 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 an y 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 perta ins to

s tate 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 f or 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 i n 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 Divisio n 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), sectio n 127 of this title (relating to public notification), and part C of this subchapter (relating to prevention of signif icantNevada Division of Environmental Protection January 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

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 age ncies 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 consultatio n ’s role in transportation planning and conformity to the Nevada applicable SIP.

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

. NRS:

 445B.22 0 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 revis ion, 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 Admin istrator; expiration of permit.

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

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

 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 ).

N RS Chapter 445B, Air Pollution:

 445B.100 Declaration of public policy. NRS Chapter 233B, Neva da 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 NO 2 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 pub lic 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.Nevada Division of Environmental Protection January 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

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 proc ess (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 approv ed the entire RH SIP, with the excep tion of certain requirements for BART for

NO

x at NV Energy’s Reid Ga rdner Generating Station (77 FR 17334)

. O n 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 qua lity 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; considera tion 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 up on any application for such a permit, andNevada Division of Environmental Protection January 2013

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ELEMENT CURRENT PROGRAMS AND PROVISIONS IN THE NEVADA A PPLICABLE SIP 1

(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 associa ted 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

PM 2.5 and 2006 PM

2.5 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 un der 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.

N RS:

 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 retain ing 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.Nevada Division of Environmental Protection January 2013

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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 p rovisions 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 Com mission may establish or supersede county program.