# STATE OF NEVADA Department of Conservation & Natural Resources 

### DIVISION OF ENVIRONMENTAL PROTECTION

Jared Blumenfeld Regional Administrator ORA-l,USEPA Region 9 75 Hawthorne Street San Francisco CA 94105 April 10, 2013 Brian Sandoval, Governor Leo M. Drozdoff, P.E., Director

Colleen Cripps, Ph.D., Administrator



### RE: The Nevada StateImplementation Plan for the 2008 8-HourOzone NAAQS: Demonstration ofAdequacy Dear Mr. Blumenfeld: OnbehalfofGovernor Sandoval, as his appointed designee, the Nevada Division of Environmental Protection (NDEP) certifies that withthe exception ofelements or sub-elements that require a SIP-based program for the prevention ofsignificant deterioration (PSD) ofair quality, the existing Nevada applicable state implementationplan (SIP) contains provisions addressing all the "infrastructure" requirements ofClean Air Act (CAA) section 11O(a)(2) fmthe 2008 8-hour ozone national ambient air quality standard (NAAQS). The NDEP is submitting one hard copy and one exact duplicate ofthe hard copy in electronic form ofthis certification letter and the following documents as demonstration ofthe adequacy ofNevada's existing SIP provisions:

• The Nevada Division of EnvironmentalProtection Portion of the Nevada State Implementation Plan for the 2008 Ozone NAAQS: Demonstration of Adequacy (Demonstration ofAdequacy) and appendices. • February 25, 2013 letter from the Clark County Department ofAir Quality (CCDAQ) transmitting their 2008 ozone NAAQS infrastructure SIP to the NDEP. • State Implementation PlanRevision to Meet the Ozone Infrastructure SIP Requirements of the CleanAirActSection 11O(a)(2) and attachments. Clark County, Nevada. • April4, 2013 letter from the Washoe County Health District-Air Quality Management Division (WCHD-AQMD) transmitting their 2008 ozone NAAQS infrastructure SIP to the NDEP.

. • The Washoe County Portion of the Nevada State Implementation Planfor the 2008 Ozone NAAQS: Demonstration of Adequacy and attachments. The enclosed demonstrations from each ofthe three Nevada air agencies are organized intable format and list each CAA section 110(a)(2) element and the existing Nevada SIP provisions that satisfy the requirement in each element. In the absence ofguidance from the U.S. Environmental Protection Agency (US EPA) for the 2008 ozoneinfrastructure SIP, Nevadafollowed US EPA's October 14, 2011 guidance for lead infrastructure SIPs (US EPA, Memorandum to Regional AirJared Blumenfeld Page2 AprillO, 2013
Division Directors, Guidance onInfrastructure State Implementation Plan Elements Required Under Sections 11O(a)(1) and(2)for the 2008Lead(Pb) NationalAmbientAir Quality Standards (NAAQS). S. Page, OAQPS). Nevada's ozoneinfrastructure SIP selects those regulatory and statutory provisions from the Nevada applicable SIP that address ozone specifically. This should notbe interpreted as an intent to exclude other more general provisions from the applicable SIP from applying to ozone sources inNevada. Further, although some ofthe SIP provisions cited inthe NDEP table may notbe in state regulation, nonetheless those provisions support the NDEP's authority to implement, maintain and enforce the 2008 ozone NAAQS because they are incorporated into the NDEP's title V operating permits and are federally enforceable. We certify that this submittal was properly noticed; evidence ofpublic participation for each portion ofNevada's ozone infrastructure SIP is included with the respective submittals. Forthe NDEP portion ofthe SIP, the Administrator ofthe NDEP has the authority to adopt and submit state implementation plans to US EPA (see Appendix E). The NDEP portion ofthe ozone infrastructure SIP was public noticed from February 1through March 6, 2013, and adopted by the NDEP Administrator as ofthe date ofthis submittal. The Clark County portion ofthe ozone infrastructure SIP was adopted bythe Clark County Board ofCommissioners onFebruary 19, 2013 after a 30-daypublic notice period. The Washoe County ozone infrastructure SIP was adopted bythe Washoe County District Board ofHealth on February 28, 2013 after a 30-day public notice period. The minutes from that meeting were not available for today's submittal and will be forwarded to US EPA within a month. With the exception ofthose elements or sub-elements that depend on a SIP-based PSD program, the NDEP requests that the US EPApropose approval ofthis certification ofthe adequacy ofthe existingNevada applicable SIP to implement, maintain and enforce the 2008 ozone NAAQS. The NDEP further requests that as provisions inNevada's applicable SIP are replaced or removed through subsequent approvals by US EPA ofSIP revisions submitted by the NDEP, US EPA update the affected provisions in all ofNevada's CAA 110(a)(2) SIPs accordingly. Ifyou should have any questions aboutthis submittal orrequire additional clarification, you may contact Rob Bamford, Chief, Bureau ofAir Quality Planning at (775) 687-9330.

Enclosures

cc w/o enclosures: Colleen Cripps, Ph.D. Administrator

Cory Hunt, Policy Analyst, Office ofthe Governor Amy Zimpfer, Associate Director, Air Division, USEPA Region IX (AIR-1) Doris Lo, Acting Chief, Planning Office, USEPA Region IX (AIR-2)Jared Blumenfeld Page3 April 10, 2013

Kevin Dick, Director, Air Quality Management Division, Washoe County Health District Lewis Wallenmeyer, Director, Department ofAir Quality & Environmental Management, Clark County

ec w/o enclosures Leo Drozdoff, Director, Nevada Department ofConservation and Natural Resources Michael Elges, Deputy Administrator, NDEP Rob Bamford, Chief, Bureau ofAir Quality Planning, NDEP Certified Mail No. 9171 9690 0935 0011 8845 04