--1-- Adopted Regulation R042-13 ADOPTED REGULATION OF THE
STATE ENVIRONMENTAL COMMISSION
LCB File No. R042-13 Effective December 23, 2013

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

AUTHORITY: §1, NRS 445B.210; §§2 and 3, NRS 445B.210 and 445B.300.
A REGULATION relating to air pollution; revi sing provisions governing ambient air quality standards; deleting certain obsolete provisions governing the issuance or renewal of certain permits; and providing other matters properly relating thereto.

Section 1. NAC 445B.22097 is hereby amended to read as follows:
445B.22097 1. The table contained in this section lists the minimum st andards of quality for ambient air.

NEVADA STANDARDS A NATIONAL STANDARDS B

POLLUTANT AVERAGING TIME CONCENTRATION C METHOD D PRIMARY C, E SECONDARY C, F METHOD D

Ozone [1 hour] [0.12 ppm (235 μg/m 3 )] [Ultraviolet absorption] [0.12 ppm G (1979 standard)] Same as primary Chemiluminescence 8 hours [--] 0.075 ppm [--]
Chemiluminescence 0.075 ppm [(2008 standard)]
Ozone-Lake Tahoe Basin, #90 1 hour 0.10 ppm (195 μg/m 3 ) Ultraviolet absorption -- -- -- Carbon monoxide less than 5,000 ′ above mean sea level 8 hours 9 ppm (10,500 μg/m 3 ) Nondispersive infrared photometry 9 ppm (10 mg/m 3 ) None Nondispersive infrared photometry At or greater than 5,000 ′ above mean sea level 6 ppm (7,000 μg/m 3 )
Carbon monoxide at any elevation 1 hour 35 ppm (40,500 μg/m 3 ) 35 ppm (40 mg/m 3 )

Nitrogen dioxide Annual arithmetic mean 0.053 ppm (100 μg/m 3 ) Gas phase chemiluminescence 53 ppb G Same as primary Gas phase chemiluminescence 1 hour
-- -- 100 ppb None

Sulfur dioxide Annual arithmetic mean 0.030 ppm (80 μg/m 3 ) Ultraviolet fluorescence 0.03 ppm H (1971 standard) None Spectrophotometry (Pararosaniline method)--2-- Adopted Regulation R042-13 NEVADA STANDARDS A NATIONAL STANDARDS B

POLLUTANT AVERAGING TIME CONCENTRATION C METHOD D PRIMARY C, E SECONDARY C, F METHOD D

24 hours 0.14 ppm (365 μg/m 3 ) 0.14 ppm H (1971 standard)

3 hours 0.5 ppm (1,300 μg/m 3 ) None 0.5 ppm 1 hour
-- -- 75 ppb None

Particulate matter as PM 10 Annual arithmetic mean 50 μg/m 3 High volume PM 10 sampling None None
--
24 hours 150 μg/m 3 150 μg/m 3 Same as primary High or low volume
PM 10 sampling

Particulate matter
as PM 2.5 Annual arithmetic

mean -- -- 15.0 μg/m 3 Same as primary Low volume PM 2.5 sampling 24 hours
-- -- 35 μg/m 3 Same as primary

Lead (Pb) [Nevada: Quarterly arithmetic mean; National:] Rolling 3
mo. average [1.5 μg/m3] 0.15 μg/m 3 High volume sampling, acid extraction and atomic absorption spectrometry 0.15 μg/m 3 Same as primary High volume sampling, acid extraction and atomic absorption spectrometry

Hydrogen sulfide 1 hour 0.08 ppm (112 μg/m 3 ) I Ultraviolet fluorescence -- -- --

Notes:

Note A: The Director shall use the Nevada standa rds in considering whether to issue a permit for a stationary source and shall ensure that the stationary source will not cause the Nevada standards to be exceeded in areas where the general public has access. Note B: The National standards are used in dete rminations of attainment or nonattainment. The form of a National standard is the criteria which must be satisfied for each respective concentration level of a standard for the purpos es of attainment. The form for each National standard is set forth in 40 C.F. R. Part 50 and may be viewed at http://www.epa.gov/air/criteria.html. Note C: Where applicable [ , ] and except as otherwise described in Note G, concentration is expressed first in units in which it was adopte d. All measurements of air quality that are expressed as mass per unit volume, such as microgr ams per cubic meter, must be corrected to a--3-- Adopted Regulation R042-13 reference temperature of 25 degrees Centigrade and a reference pre ssure of 760 mm of Hg (1,013.2 millibars); “ppb” in this table refers to parts pe r billion by volume, or nanomoles of regulated air pollutant per mole of gas; “ppm” [ in this table ] refers to parts per million by volume, or micromoles of regulated ai r pollutant per mole of gas; “μg/m 3 ” refers to micrograms per cubic meter.
Note D: Reference method as described by the EPA. Any reference method specified in accordance with 40 C.F.R. Part 50 or any refere nce method or equivalent method designated in accordance with 40 C.F.R. Part 53 may be substituted. Note E: National primary standards are the leve ls of air quality necessary, with an adequate margin of safety, to protect the public health. Note F: National secondary standa rds are the levels of air quality necessary to protect the public welfare from any known or anticipated adve rse effects of a regulated air pollutant. Note G: The [EPA revoked the National 1-hour ozone standard as it applies to all areas. However, anti-backsliding provisi ons in Federal law require cert ain areas to have continuing obligations under the Nationa l 1-hour ozone standard.] official National annual standard for nitrogen dioxide is 0.053 ppm. The National annual standard is identified in this table in equivalent units of parts per billion for the pu rpose of simplifying its comparison with the
National 1-hour standard which is also identified in parts per billion. Note H: The 1971 National sulfur dioxide standards re main in effect for an area until 1 year after the area is designated for the 2010 National sulfur dioxide standard, except that in an area designated nonattainment for th e 1971 National sulfur dioxide standards, the 1971 standards remain in effect until an implementation plan to attain or maintain the 2010 National sulfur dioxide standards is approved.--4-- Adopted Regulation R042-13 Note I: The ambient air quality standard for hydrogen sulfide does not include naturally occurring background concentrations.

2. These standards of quality for ambient air are minimum goals, and it is the intent of the Commission in this section to prot ect the existing quality of Nevada’s air to the extent that it is economically and technically feasible.
Sec. 2. NAC 445B.308 is hereby amended to read as follows: 445B.308 1. Except for a Class IV operating perm it, in any area designated as attainment or unclassifiable for a regulated air pollutant, before an operati ng permit or a revision of an operating permit may be issued: (a) For a new or modified stationary source; (b) For a plantwide app licability limitation; or (c) To allow a plantwide applicability limitation to expire and not be renewed,

 in accordance with NAC 445B.308 to 445B.314, incl usive, the applicant must submit to the Director an environmental eval uation and any other information the Director determines is necessary to make an independent air quality impact assessment. 2. The Director shall not issue an operati ng permit or a revision of an operating permit for any stationary source if the environmental evalua tion submitted by the applicant shows, or if the Director determines, in accordance with the provisi ons of this section, that the stationary source: (a) Will prevent the attainment and maintenan ce of the state or national ambient air quality standards. For the purposes of th is paragraph, only those ambient air quality standards that have been established in NAC 445B.22097 need to be considered in the environmental evaluation. (b) Will cause a violation of the applicable state implementation plan.--5-- Adopted Regulation R042-13 (c) Will cause a violation of any applicable requirement. (d) Will not comply with subsection 4. 3. The Director shall not issue an operati ng permit or a revision of an operating permit for any stationary source if the Director determ ines, in accordance with subsection 3 of NAC 445B.311, that the degree of emission limitation requi red for control of an air pollutant under this section is affected by that amount of th e stack height of any source as exceeds good engineering practice stack he ight, including a good engineer ing practice stack height demonstrated by a fluid model or a field st udy approved by the Director in accordance with paragraph (c) of subsection 1 of NAC 445B .083, or any other di spersion technique.
4. [ Except as otherwise provi ded in subsection 5, to ] To be issued an operating permit or a revision of an operating permit, the owner or ope rator of a major stationary source or major modification, as those terms are defined in 40 C.F.R. § 51.165, who proposes to construct in an area designated nonattainment for the regulated air pollutant or pollutants for which the stationary source or modi fication is major must: (a) Comply with the provisions of 40 C. F.R. § 51.165, as adopted by reference in NAC
445B.221. (b) Adopt as an emission limitation for the sta tionary source the lowe st achievable emission rate for each nonattainment regulated air pollutant from the stationary source. (c) Demonstrate that all other stationary sour ces within this State which are owned, operated or controlled by the applicant are in complia nce or on a schedule of compliance with NAC 445B.001 to 445B.3689, inclusive, and all other app licable requirements and conditions of the permit.--6-- Adopted Regulation R042-13 (d) Conduct an analysis of any anticipated im pact on visibility in any federal Class I area which may be caused by emissions from the stationary source. (e) Conduct an analysis of alte rnative sites, sizes, processes of production and techniques for environmental control for the pr oposed stationary source. Except as otherwise provided in this paragraph, the analysis must demonstrate that the benefits of the proposed stationary source significantly outweigh the detrimental environmenta l and social effects th at will result from its location, construction or modifi cation. If the major stationary source or major modification proposes to locate in an area designated as margin al nonattainment for ozone, the analysis must demonstrate an offset ratio of 1.2 to 1 for vol atile organic compounds and nitrogen oxides. For the purposes of this paragraph, a stationary source which is major for volatile organic compounds or nitrogen oxides shall be deemed ma jor for ozone if the proposed location of the major stationary source or major modification is in an area designated as nonattainment for

ozone. (f) Comply with one of the following: (1) Sufficient offsets in emissions must be obtained by the time the proposed stationary source begins operation to ensure that the to tal allowable emissions of each nonattainment regulated air pollutant from the exis ting stationary sources in the ar ea, those stationary sources in the area which have received thei r respective permits and the propos ed stationary source will be sufficiently less than the total emissions from the existing stationary sources and those stationary sources in the area which have received their re spective permits before the proposed stationary source applies for its operating permit or a revisi on of an operating permit, in order to achieve reasonable further progress; or--7-- Adopted Regulation R042-13 (2) If the major stationary source or major modification is located in a zone identified by the Administrator as one to be targeted for ec onomic development, the owner or operator must demonstrate that the emission from the stati onary source will not cau se or contribute to emissions levels which exceed the allowance permitted for a regulated air pollutant for the nonattainment area.

 For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, and be coordinated with the appropriate local agency for the control of air pollution.
5. [ To be issued an operating permit or a revision of an operating permit, the owner or operator of a major sta tionary source or major modificati on, as those terms are defined in 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221, who proposes to construct in an area designated as basic nona ttainment for ozone must: (a) Comply with the provisions of 40 C. F.R. § 51.165, as adopted by reference in NAC
445B.221. (b) Adopt as an emission limitation for the st ationary source the be st available control technology for volatile organic compounds and nitr ogen oxides from the stationary source. (c) Demonstrate that all other stationary source s within this State that are owned, operated or controlled by the applicant are in complian ce or on a schedule of compliance with NAC 445B.001 to 445B.3689, inclusive, and all other app licable requirements and conditions of the permit. (d) Demonstrate an offset ratio of 1 to 1 for volatile organic com pounds and nitrogen oxides. For the purposes of this paragraph, a stationa ry source that is majo r for volatile organic compounds or nitrogen oxides shall be deemed ma jor for ozone if the proposed location of the--8-- Adopted Regulation R042-13 major stationary source or major modification is located in an area designated as basic nonattainment for ozone. (e) Comply with one of the following: (1) Sufficient offsets in emissions must be obtained by the time the proposed stationary source begins operation to ensure that the to tal allowable emissions of each nonattainment regulated air pollutant from the exis ting stationary sources in the ar ea, those stationary sources in the area that have received their respective perm its and the proposed stationary source will be sufficiently less than the total emissions from the existing stationary sources and those stationary sources in the area that received their respective permits before the proposed stationary source applies for its operating permit or a revision of an operating permit, in order to achieve reasonable further progress; or (2) If the major stationary source or major modification is located in a zone identified by the Administrator as one to be targeted for ec onomic development, the owner or operator must demonstrate that the emissions from the statio nary source will not cau se or contribute to emissions levels which exceed the allowance permitted for a regulated air pollutant for the nonattainment area.

 For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, and be coordinated with the appropriate local agency for the control of air pollution.
6. ] To be issued an operating permit or a revision of an operating permit, the owner or operator of a major sta tionary source or major modificati on who proposes to construct in any area designated as attain ment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as a dopted by reference in NAC 445B.221.--9-- Adopted Regulation R042-13 [ 7. ] 6. The Director may impose any reasonabl e conditions on his or her approval, including conditions requiring the owner or operator of the stationary source to: (a) Conduct monitoring of the quality of the ambi ent air at the facility site for a reasonable period before the commencement of construction or modification and for any specified period after operation has begun at the stationary source; and (b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 to 445B.3689, inclusive. [ 8. ] 7. If a proposed stationary source located on contiguous property is constructed or modified in phases which individually are not su bject to review as pr ovided in NAC 445B.308 to 445B.314, inclusive, all phases o ccurring since November 7, 1975, must be added together for determining the applicabili ty of those sections. [ 9. ] 8. Approval and issuance of an operating perm it or a revision of an operating permit for any stationary source does not aff ect the responsibilities of the ow ner or owners to comply with any other portion of the applic able state implementation plan. [ 10. ] 9. As used in this section: (a) “Lowest achievable emission rate” has the meaning ascribed to it in 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221. (b) “Offset ratio” means the percentage by wh ich a reduction in an emission must exceed the corresponding increase in that emission. (c) “Reasonable further progres s” means the annual incrementa l reductions in emissions of the relevant regulated air polluta nt that are required by 42 U.S. C. §§ 7501 to 7515, inclusive, or are required by the Administrator to ensure attain ment of the applicable standard for national ambient air quality by the applicable date.--10-- Adopted Regulation R042-13 Sec. 3. NAC 445B.311 is hereby amended to read as follows: 445B.311 1. An environmental evaluation wh ich is required for a new or modified stationary source pursuant to NAC 445B.308 to 445B.314, inclusiv e, or as required by the Director must contain a careful and detailed assessment of th e environmental aspects of the proposed stationary source and must also contain: (a) The name and addr ess of the applicant; (b) The name, address and location of the stationary source; (c) A description of the propos ed stationary source, including the normal hours of operation of the facility and the general type s of activities to be performed; (d) A map showing the location of the sta tionary source and the topography of the area, including existing principal street s, roads and highways within 3 miles of the stationary source; (e) A site plan showing the location and height of build ings on the site; (f) Any additional information or documentation which the Director deems necessary to determine the effect of the st ationary source on the quality of the ambient air, including measured data on the quality of the ambient ai r and meteorological condi tions at the proposed site before constructi on or modification; and (g) A dispersion analysis of each regulated air pollutant. 2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 must be submitted for each phase of the construction project. 3. An environmental evaluation must also c onsider good engineering pr actice stack height. If the Director considers an analysis of a source based on a good engineering practice stack--11-- Adopted Regulation R042-13 height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of NAC 445B.083, the Director shall: (a) Notify the public of the availability of the demonstration study performed pursuant to paragraph (c) of subsection 1 of NAC 445B.083; and (b) Provide an opportunity for a public hearing on the demonstration study in accordance with the requirements for a Class I operating pe rmit set forth in subsections 7, 9 and 10 of NAC
445B.3395. 4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each regulated air pollutant must include: (a) A dispersion model based on the applic able models, bases and other requirements specified in the “Guideline on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, ex cept that the Director may authorize the modification of a model specified in the “Guideline on Air Qual ity Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director: (1) Determines that the modification or use is appropriate; (2) Obtains written approva l of the modification or use from the Administrator; and (3) Provides notice of and establishes a 30-da y period for comment in accordance with the applicable provisions of NAC 445B.3364, 445B.3395, 445B.3447, 445B.3457 or 445B.3477; (b) A narrative report describing: (1) If applicable, assumptions and premis es used in the analysis, including, without limitation: (I) Model options chosen; (II) Urban versus rural selection;--12-- Adopted Regulation R042-13 (III) Background concentrations; (IV) Characterization of emission sources as point, area or volume; (V) Emission discharge points; and (VI) Rate of emission from each emission unit; and (2) The geographic area considered in the analysis, includi ng, without limitation, information concerning: (I) The nearest significant terrain features; (II) The receptor grid or grids; and (III) Restrictions on public access to the st ationary source; and (c) Valid meteorological inform ation pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which: (1) For sources that are not subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by referen ce in NAC 445B.221: (I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection [ 7 ] 6 of NAC 445B.308, and which covers a pe riod of not less than 1 year; (II) Has been obtained from an off-site loca tion representative of the proposed site and which covers a period of not less than 1 year; (III) Represents the worst-case meteorol ogical conditions, as approved by the Director for synthetic data; or (IV) Has been obtained over the last 5 y ears at the nearest National Weather Service site; or--13-- Adopted Regulation R042-13 (2) For sources that are subject to th e permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B. 221, is representative of the sour ce site location and source emissions and which covers a pe riod of not less than 1 year.__________________________________________

Public Notice

– SEC Regulatory Hearing 1 2 / 0 4 /201 3 1



### Notice of Regulatory Hearing Adoption of Regulations and Other Matters Before the

State Environmental Commission The State Environmental Commission (SEC) will hold a meeting on Wednesday December 4 , 2013 at 10:00 am in Carson City. The meeting location in Carson City is the Bryan Building located at 901 South Stewart Street (2nd floor, Tahoe Room).The purpose of t he meeting is to receive comments from all interested persons regarding the information listed on this agenda.

_________________________________________________________________ 

### Nevada Division of Environmental Protection : (For Possible Action ) 

### Nevada Division of Environmental Protection : (For Possible Action ) R041
- 13: Air Quality, Adoption by Reference of Certain Federal Regulations: The Nevada Division of Environmental Protection (NDEP) is proposing to amend NAC 445B.221, Adoption by reference and applicability of certain provisions of federal law and regulati ons, to adopt applicable federal rules promulgated since the State regulation was last updated as of January 1, 2012. The update includes rulemakings under 40 CFR Part 52.21, "Prevention of significant deterioration of air quality" (PSD), related to the re gulation of greenhouse gases, Part 60, "Standards of performance for new stationary sources" (NSPS), and Part 63, "National emission standards for hazardous air pollutants for source categories" (NESHAP). This regulation will not have an immediate or lon g - term adverse economic impact on the public or the business community. There will be no additional costs to NDEP 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 and it is essential to the functions and operations of NDEP. R042
- 13: Standards of Quality for Ambient Air, Prerequisites & Conditions for Operating Permits; and Compliance with Applicable State Implementat ion Plan: The (NDEP) is proposing to amend NAC 445B.22097, “Standards of quality for ambient air,” and NAC 445B.308, “Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.” The agency is proposi ng to revise the Nevada side of the ambient air quality standards table in NAC 445B.22097 to further align it with the federal standards currently in effect. The proposed regulation also revises the 2008 lead and ozone standards in the Nevada side of the a mbient air quality standards table. Additionally, it adds an explanatory note regarding implementation of the federal fine particles standard in Nevada.__________________________________________

Public Notice

– SEC Regulatory Hearing 1 2 / 0 4 /201 3 2 NDEP is proposing this action in response to a rulemaking by the USEPA, which identified deficiencies in Nevada’s state implementation plan (SIP) with respect to Nevada’s minor sources permitting program. USEPA determined that Nevada’s permitting regulations did not adequately address the 2006 fine particulate or the 2008 lead NAAQS. The NDEP identified a similar deficiency with respect to the 2008 ozone NAAQS. If adopted, these amendments will be submitted to the U.S. Environmental Protection Agency as part of a SIP revision. Finally, the proposed regulation removes an obsolete subsection from NAC 445B.30 8 in accordance with Governor Sandoval's directive to agencies to streamline regulations, use clear and concise language, and remove unnecessary requirements. This regulation will not have an immediate or long

- term adverse economic impact on the public o r the business community. There will be no additional costs to NDEP 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 fee s and it is essential to the functions and operations of NDEP

. R0 92
- 13: Provide for Public Non
- motorized Access to Mine Pit Lakes u nder Certain Conditions; and Reclamation Plan Providing for a Point of Access : Assembly Bill 346 (AB 346), passed during the 2013 Nevada Legislative session, amended NRS 519A.230 providing new statutory provisions related to public access to mine pit lakes. The bill allows for non

- motorized public access in pit lakes with a predicted filled surface area of more than two hundred (200) acres subject to the landowner(s) determination of the final and ultimate use of the premises and whether public access will be provided. If access is allowed, at least one (1) point will be provided when the lake has reached ninety (90) percent of maximum capacity. Proposed revisions to NAC 519A.250, Section 5 would reference the new statutory provisions related to pit lake access (NRS 519A.230). If public access will be provided, an exemption from recl amation requirements would not be available and reclamation of the open pit or rock face would be required for the point(s) of public non

- motorized access to the water level of the pit lake. A new section is proposed to be added to NAC 519A.270 requiring a plan for reclamation to include the landowner(s) deter mination whether public access will be allowed to the future pit lake located on their premises , and if so, provision(s) for a point or points of access. This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to NDEP for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other__________________________________________

Public Notice

– SEC Regulatory Hearing 1 2 / 0 4 /201 3 3 gove rnment agencies. The regulation does not address fees and it is essential to the functions and operations of NDEP

. R093
- 13 : Standards for Water Quality : The NDEP is proposing changes to the Nevada Administrative Code (NAC) removing waterbodies or por tions of waterbodies in the NAC pertaining to State Water Quality Standards on Federal Indian Reservations. During the 1970’s, when Nevada was establishing its water quality standards, Nevada set standards on several Federal Indian Reservations. In 1983, t he Federal government established a federal Indian policy to treat Tribal governments on a government
- to
- government basis, and to support the principle of self

determination and local decision making by Indian Tribes. Section 518(e) of Clean Water Act (CWA ) was added as part of the 1987 Amendments. This section authorizes the United States Environmental Protection Agency (USEPA) to treat federally recognized Indian Tribes in a similar manner as states for certain provisions of the CWA, including the water q uality standards program. This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to NDEP 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 and it is essential to the functions and operations of NDEP. Additional Information : Persons wishing to comment on the proposed act ions 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, Neva da 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 immedia tely to act upon any written submissions. 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 C arson 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. As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, the public notice for this hearing was 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) , at the Stat e Library and Archives building in Carson__________________________________________

Public Notice

– SEC Regulatory Hearing 1 2 / 0 4 /201 3 4 City (100 Stewart Street ) and at the Nevada Division of Minerals, 400 W. King Street, Carson City, NV. 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: http://sec.nv.gov/main/hearing_1213.htm
. T he proposed regulatio n denoted in this notice, including previous drafts, is or will be posted on the Legislative Counsel Bureau's website a t: 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 Valerie King , Executive Secretary, 901 South Stewart Street, S uite 4001, Carson City, Nevada 89701

- 5249, facsimile (775) 687

- 5856, or by calling (775) 687

- 93 74 , no later than 4 :00 p.m. on November 27 , 201 3

.Agenda

– SEC Meeting 1 2 / 0 4 /201 3 1 

### Agenda SEC Meeting December 4 , 201 3 The State Environmental Commission (SEC) will hold a meeting on Wednesday December 4 , 2013 at 10: 0 0 am in Carson City. The meeting location in Carson City is the Bryan Building located at 901 South Stewart Street (2nd floor, Tahoe Room).The purpose of the meeting is to receive comments from all interested persons regarding the information listed on this agenda. The following items may be taken out of order and/or items may be combined for consideration. Items may also be removed from the agenda or the SEC may delay discussion relating to an item on the agenda at any time. Prior to the commencement and conclusion of a contested case or a quasi

- judicia l proceeding that may affect the due process rights of an individual, the SEC may refuse to consider public comment. See NRS 233B.126 1) Public Comments: (Discussion) Members of the public will be invited to speak before the SEC; however, no action may be taken on a matter during public comment until the matter itself has been included on an agenda as an item for possible action. Public comment may be limited to ten minutes per person at the discretion of the chairperson.
2 ) Approval of the Agenda: (Fo r Possible Action)
3 ) Approval of Meeting M inutes : October 9 , 2013 (For Possible Action)
4 ) Penalty Assessments for Air Quality Violations (For Possible Action)
A. NV Energy, Reid Gardner Generating Station

— NOAV No. 245 2, alleged failure to comply with a permitted emission limit during a compliance source test . The Recommended penalty amount is $ 11 , 255 .00. B. El Sueno Resort and Casino

– NOAV No. 2165, alleged failure to apply for and obtain an Air Quality Operating Permit. The Recommended penalty amount is $1,450.00. C. Galtar LLC

– NOAV No. 2141, Failure to Apply for and obtain an Air Quality Operating Permit. The Re commended penalty amount is $10,500.00.Agenda

– SEC Meeting 1 2 / 0 4 /201 3 2 NDEP Regulatory Petitions: Bureau s of : Mining Regulation & Reclamation/Water Quality Planning/Waste Management/ Air Quality Planning/ Air Pollution Control
5 ) R092

- 13

- Bureau of Mining Regulation and Reclamation Regulation , Provide for Public Non

- motorized Access to Mine Pit Lakes under Certain Conditions; and Reclamation Plan Providing for a Point of Access: (For Possible Action) Assembly Bill 346 (AB 346), passed during the 2013 Nevada Legislative session, amended NRS 519A.230 providing new statutory provisions related to public access to mine pit lakes. The bill allows for non

motorized public access in pit lakes with a predicted filled surface area of more than two hundred (200) acres subject to t he landowner(s) determination of the final and ultimate use of the premises and whether public access will be provided. If access is allowed, at least one (1) point will be provided when the lake has reached ninety (90) percent of maximum capacity. Propo sed revisions to NAC 519A.250, Section 5 would reference the new statutory provisions related to pit lake access (NRS 519A.230). If public access will be provided, an exemption from reclamation requirements would not be available and reclamation of the ope n pit or rock face would be required for the point(s) of public non

- motorized access to the water level of the pit lake. A new section is proposed to be added to NAC 519A.265 and 519A.270 requiring a plan for reclamation to include the landowner(s) deter mination whether public access will be allowed to the future pit lake located on their premises , and if so, provision(s) for a point or points of access. Additional revisions to NAC 519A.260(3), 519A.315(1) and 519A.345(9) are proposed for the regulation to conform to statute NRS 519A.230. This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to NDEP for enforcement of the proposed regulation and the regu lation does not overlap, duplicate or conflict with any regulations of other government agencies. The regulation does not address fees and it is essential to the functions and operations of NDEP.
6

) R093

- 13 : Standards for Water Quality: (For Possible Action) The NDEP is proposing changes to NAC 445A which remov e waterbodies or portions of waterbodies pertaining to State Water Quality Standards on Federal Indian Reservations. During the 1970’s, when Nevada wasAgenda

– SEC Meeting 1 2 / 0 4 /201 3 3 establishing its water quality standards, Nevada set standards on several Federal Indian Reservations. In 1983, the Federal government established a federal Indian policy to treat Tribal governments on a government

- to

- government basis, and to support the principle of self

determination and local d ecision making by Indian Tribes. Section 518(e) of Clean Water Act (CWA) was added as part of the 1987 Amendments. This section authorizes the U .S. EPA to treat federally recognized Indian Tribes in a similar manner as states for certain provisions of the CWA, including the water quality standards program. This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to NDEP for enforcement of the proposed regulati on and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The regulation does not address fees and it is essential to the functions and operations of NDEP.
7 ) RO37

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- Solid Waste Regulation (For Pos sible Action) Nevada Revised Statutes (NRS) 444.560 establishes the authority of the State Environmental Commission (SEC) to adopt a schedule of fees related to regulation of solid waste management facilities in areas subject to the jurisdiction of the D epartment of Conservation and Natural Resources (excludes Washoe and Clark Counties). This proposed regulation establishes the following fees: application fees for obtaining a permit or approval to operate certain new solid waste facilities; annual permit fees applicable to certain Class I and Class III disposal sites; and fees related to requests to modify an existing permit. The proposed fees would apply to small number of landfill disposal facilities. There would be no significant economic impact on th e public if the proposed fee schedule were adopted. If the fees applicable to municipal landfills were passed on to customers, the amount would be insignificant. There would be no additional cost to the agency for implementing the proposed fee schedule. Th e regulation does not overlap, duplicate or conflict with any regulations of other government agencies. The proposed regulation does not include provisions which are more stringent than a federal regulation. 8

) RO38

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- Hazard ous Waste Regulation (For Possible Action) Nevada Revised Statutes (NRS) 459.500 and 459.510 establishes the authority of the SEC to adopt fees related to regulation of hazardous waste management facilities. The proposed regulation revises existing fees applicable to facilit ies that treat, store or dispose of hazardous waste. Permit review fees that are charged on an hourly basis for renewal or modification of an existing permit are replaced with a flat fee structure. The structure of annual permit fees is also revised andAgenda

– SEC Meeting 1 2 / 0 4 /201 3 4 fe es are increased. The regulation is further clarified to indicate that annual permit fees are applicable to facilities where a remedial action plan has been permitted pursuant to 40 CFR Part 270 Subpart H. Various fees applicable to the volume of waste dis posed or treated by a permitted facility are also revised. This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to the State for enforcement of the prop osed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other government agencies. While the regulation does address fees, each of the affected facility owners were contacted individually regarding the impact of p roposed fee increases, and all of the facility owners were accepting of the proposed fee increases and none indicated adverse impacts to their business operations. Finally, the proposed regulation does not include provisions which are more stringent than a federal regulation.

9

) R041

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— Air Quality, Adoption by Reference of Certain Federal Regulations: (For Possible Action) The NDEP is proposing to amend NAC 445B.221, Adoption by reference and applicability of certain provisions of federal law and re gulations, to adopt applicable federal rules promulgated since the State regulation was last updated as of January 1, 2012. The update includes rulemakings under 40 CFR Part 52.21, "Prevention of significant deterioration of air quality" (PSD), related to the regulation of greenhouse gases, Part 60, "Standards of performance for new stationary sources" (NSPS), and Part 63, "National emission standards for hazardous air pollutants for source categories" (NESHAP). This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to NDEP for enforcement of the proposed regulation and the regulation does not overlap, duplicate or conflict with any regulations of other gove rnment agencies. The regulation does not address fees and it is essential to the fu nctions and operations of NDEP. This regulation was previously approved at the October 9, 2013 SEC meeting, but due to noncompliance with posting requirements in NRS 445B.2 15, it will be considered again.
1 0 ) R042

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— Air Quality, Standards of Quality for Ambient Air, Prerequisites & Conditions for Operating Permits; and Compliance with Applicable State Implementation Plan : (For Possible Action)Agenda

– SEC Meeting 1 2 / 0 4 /201 3 5 The NDEP is proposing to amend NAC 445B.22097, “Standards of quality for ambient air,” and NAC 445B.308, “Prerequisites and conditions for issuance of certain operating permits; compliance with applicable state implementation plan.” The NDEP is proposing to revise the Nevada side of the ambient air quality standards table in NAC 445B.22097 to further align it with the federal standards currently in effect. The proposed regulation also revises the 2008 lead and ozone standards in the Nevada side of the ambient air quality standards table. Additionally, it adds an explanatory note regarding implementation of the federal fine particles standard in Nevada. NDEP is proposing this action in response to a rulemaking by the U

. S

. EPA, which identified deficiencies in Nevada’s state implem entation plan (SIP) with respect to Nevada’s minor sources permitting program. USEPA determined that Nevada’s permitting regulations did not adequately address the 2006 fine particulate or the 2008 lead NAAQS. The NDEP identified a similar deficiency with respect to the 2008 ozone N ational Ambient Air Quality Standard

. If adopted, these amendments will be submitted to the U.S. EPA as part of a SIP revision. Finally, the proposed regulation removes an obsolete subsection from NAC 445B.308 in accordance with Governor Sandoval's directive to agencies to streamline regulations, use clear and concise language, and remove unnecessary requ irements. This regulation will not have an immediate or long

- term adverse economic impact on the public or the business community. There will be no additional costs to NDEP for enforcement of the proposed regulation and the regulation does not overlap, d uplicate or conflict with any regulations of other government agencies. The regulation does not address fees and it is essential to the functions and operations of NDEP. This regulation was previously approved at the October 9, 2013 SEC meeting, but due to noncompliance with posting requirements in NRS 445B.215, it will be considered again.
1 1 ) Motion to Dismiss Appeal of Air Quality Violations: (for Possible Action) Pursuant to NAC 445B.894 (4), the SEC will consider NDEP’s request to dismiss an appeal , filed on January 12, 2004, by Clark & Nye County Development Corp. concerning NOAV 1819.
1 2 ) Hydraulic Fracturing Presentation: (Discussion) Rich Perry, NDOM Administrator, will provide an overview of the hydraulic fracturing efforts in Nevada.
1 3 ) Election of Vice Chairman (For Possible Action)Agenda

– SEC Meeting 1 2 / 0 4 /201 3 6 1 4 ) Administrator's Briefing to the Commission: (Discussion) NDEP Administrator Colleen Cripps will brief the Commission on aspects of the information, in general, NDEP provides to the SEC.
1 5 ) Public Comments: (Discussion) Members of the public will be invited to speak before the SEC; however, no action may be taken on a matter during public comment until the matter itself has been included on an agenda as an item for possible discretion of th e chairperson.
1 6 ) Adjournment: Additional Information: As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, this agenda was posted no later than three working days prior to the hearing at the following locations:

• Nevada State Library & Archives, 100 N. Stewart St., Carson City, NV;

• Dept. of Conservation & Natural Resources, 901 South Stewart Street, Carson City, NV;

• Nevada Division of Minerals, 400 W. King Street, Carson City, NV;

• Nevada Dept. of Wildlife, 1100 Valley Road, Reno, NV.

• Nevada Division of Environmental Protection, 2030 E. Flamingo Rd, Las Vegas; 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 t he 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 and the text of the proposed regulations are also available on the State Environmental Commission's website at: http://sec.nv.gov/main/hearing_1213.htm . All of the proposed regulations denoted in this notice, including previous drafts, are or will be posted on the on the Legislative Counsel Bureau's website at: http://www.leg.state.nv.us/register/

. This agenda and supporting material for the above referenced meeting are posted on the State Environmental Commission's website at: http://www.sec.nv.gov/main/hearing_1213.htm

. Supporting material is also available at the office for the State Environmental Commission, 901 South Stewart St., Suite 4001, Carson City, NV. Anyone desiring supporting material or additional information is invited to contact Valerie King at (775) 687

- 9374. Persons wishing to comment on the proposed actions of the 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 SouthAgenda

– SEC Meeting 1 2 / 0 4 /201 3 7 Stewart Street, Suite 4001, Carson City, Nevada 89701

- 5249. The SEC must receive written submissions at l east 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. Members of the p ublic 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 Valerie King, Executive Secretary, 901 South Stewart Street, Suite 4001, Carso n City, Nevada 89701

- 5249, facsimile (775) 687

- 5856, or by calling (775) 687

- 9374, no later than 5:00 p.m. on November 27, 2013.