--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; revising 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 standards of quality 

for ambient air. 

 NEVADA STANDARDSA NATIONAL STANDARDSB

POLLUTANT AVERAGING TIME CONCENTRATIONC METHODD PRIMARYC, E SECONDARYC, F METHODD

Ozone 

[1 hour] [0.12 ppm 

(235 μg/m3)] 

[Ultraviolet 

absorption] 

[0.12 ppmG 

(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/m3) Ultraviolet absorption -- -- -- 

Carbon monoxide 

less than 5,000′

above mean sea level 8 hours 

9 ppm 

(10,500 μg/m3

) 

Nondispersive 

infrared photometry 

9 ppm 

(10 mg/m3

) 

None Nondispersive 

infrared photometry 

At or greater 

than 5,000′ above 

mean sea level 

6 ppm 

(7,000 μg/m3

) 

Carbon monoxide at 

any elevation 1 hour 35 ppm (40,500 μg/m3

) 

35 ppm 

(40 mg/m3) 

Nitrogen dioxide 

Annual arithmetic 

mean 

0.053 ppm 

(100 μg/m3) 

Gas phase 

chemiluminescence 53 ppbG Same as primary Gas phase 

1 hour chemiluminescence -- -- 100 ppb None 

Sulfur dioxide Annual arithmetic 

mean 

0.030 ppm 

(80 μg/m3

) 

Ultraviolet 

fluorescence 

0.03 ppmH

(1971 standard) None 

Spectrophotometry 

(Pararosaniline 

method) 
--2-- 

Adopted Regulation R042-13 

 NEVADA STANDARDSA NATIONAL STANDARDSB

POLLUTANT AVERAGING TIME CONCENTRATIONC METHODD PRIMARYC, E SECONDARYC, F METHODD

24 hours 0.14 ppm 

(365 μg/m3

) 

0.14 ppmH

(1971 standard) 

3 hours 0.5 ppm 

(1,300 μg/m3

) None 0.5 ppm 

1 hour -- -- 75 ppb None 

Particulate matter 

as PM10

Annual arithmetic 

mean 

50 μg/m3

High volume PM10

sampling 

None None -- 

24 hours 150 μg/m3 150 μg/m3 Same as primary 

High or low volume 

PM10 sampling 

Particulate matter 

as PM2.5

Annual arithmetic 

mean -- -- 15.0 μg/m3

 Same as primary Low volume PM2.5

sampling 

24 hours -- -- 35 μg/m3 Same as primary 

Lead (Pb) 

[Nevada: Quarterly 

arithmetic mean; 

National:] Rolling 3 

mo. average 

[1.5 μg/m3] 0.15 μg/m3

High volume 

sampling, acid 

extraction and atomic 

absorption 

spectrometry 

0.15 μg/m3

Same as primary 

High volume 

sampling, acid 

extraction and 

atomic absorption 

spectrometry 

Hydrogen sulfide 1 hour 

0.08 ppm 

(112 μg/m3)

I

Ultraviolet 

fluorescence -- -- -- 

Notes: 

Note A: The Director shall use the Nevada standards 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 determinations 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 purposes 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 adopted. All measurements of air quality that are 

expressed as mass per unit volume, such as micrograms per cubic meter, must be corrected to a 
--3-- 

Adopted Regulation R042-13 

reference temperature of 25 degrees Centigrade and a reference pressure of 760 mm of Hg 

(1,013.2 millibars); “ppb” in this table refers to parts per 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 air pollutant per mole of gas; “μg/m3” 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 reference method or equivalent method designated in 

accordance with 40 C.F.R. Part 53 may be substituted. 

Note E: National primary standards are the levels of air quality necessary, with an adequate 

margin of safety, to protect the public health. 

Note F: National secondary standards are the levels of air quality necessary to protect the public 

welfare from any known or anticipated adverse 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 provisions in Federal law require certain areas to have continuing 

obligations under the National 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 purpose 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 remain 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 the 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 protect 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 permit, in any area designated as attainment 

or unclassifiable for a regulated air pollutant, before an operating permit or a revision of an 

operating permit may be issued: 

 (a) For a new or modified stationary source; 

 (b) For a plantwide applicability limitation; or 

 (c) To allow a plantwide applicability limitation to expire and not be renewed, 

 in accordance with NAC 445B.308 to 445B.314, inclusive, the applicant must submit to the 

Director an environmental evaluation and any other information the Director determines is 

necessary to make an independent air quality impact assessment. 

 2. The Director shall not issue an operating permit or a revision of an operating permit for 

any stationary source if the environmental evaluation submitted by the applicant shows, or if the 

Director determines, in accordance with the provisions of this section, that the stationary source: 

 (a) Will prevent the attainment and maintenance of the state or national ambient air quality 

standards. For the purposes of this 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 operating permit or a revision of an operating permit for 

any stationary source if the Director determines, in accordance with subsection 3 of NAC 

445B.311, that the degree of emission limitation required for control of an air pollutant under 

this section is affected by that amount of the stack height of any source as exceeds good 

engineering practice stack height, including a good engineering practice stack height 

demonstrated by a fluid model or a field study approved by the Director in accordance with 

paragraph (c) of subsection 1 of NAC 445B.083, or any other dispersion technique. 

 4. [Except as otherwise provided in subsection 5, to] To be issued an operating permit or a 

revision of an operating permit, the owner or operator 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 modification 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 stationary source the lowest achievable emission 

rate for each nonattainment regulated air pollutant from the stationary source. 

 (c) Demonstrate that all other stationary sources within this State which are owned, operated 

or controlled by the applicant are in compliance or on a schedule of compliance with NAC 

445B.001 to 445B.3689, inclusive, and all other applicable requirements and conditions of the 

permit. 
--6-- 

Adopted Regulation R042-13 

 (d) Conduct an analysis of any anticipated impact on visibility in any federal Class I area 

which may be caused by emissions from the stationary source. 

 (e) Conduct an analysis of alternative sites, sizes, processes of production and techniques for 

environmental control for the proposed 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 environmental and social effects that will result from its 

location, construction or modification. If the major stationary source or major modification 

proposes to locate in an area designated as marginal nonattainment for ozone, the analysis must 

demonstrate an offset ratio of 1.2 to 1 for volatile 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 major 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 total allowable emissions of each nonattainment 

regulated air pollutant from the existing stationary sources in the area, those stationary sources in 

the area which have received their respective permits 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 which have 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 
--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 economic development, the owner or operator must 

demonstrate that the emission from the stationary source will not cause 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 stationary source or major modification, 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 nonattainment 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 stationary source the best available control 

technology for volatile organic compounds and nitrogen oxides from the stationary source. 

 (c) Demonstrate that all other stationary sources within this State that are owned, operated or 

controlled by the applicant are in compliance or on a schedule of compliance with NAC 

445B.001 to 445B.3689, inclusive, and all other applicable requirements and conditions of the 

permit. 

 (d) Demonstrate an offset ratio of 1 to 1 for volatile organic compounds and nitrogen oxides. 

For the purposes of this paragraph, a stationary source that is major for volatile organic 

compounds or nitrogen oxides shall be deemed major 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 total allowable emissions of each nonattainment 

regulated air pollutant from the existing stationary sources in the area, those stationary sources in 

the area that have received their respective permits 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 economic development, the owner or operator must 

demonstrate that the emissions from the stationary source will not cause 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 stationary source or major modification who proposes to construct in any 

area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the 

provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221. 
--9-- 

Adopted Regulation R042-13 

[7.] 6. The Director may impose any reasonable 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 ambient 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 subject to review as provided in NAC 445B.308 to 

445B.314, inclusive, all phases occurring since November 7, 1975, must be added together for 

determining the applicability of those sections. 

[9.] 8. Approval and issuance of an operating permit or a revision of an operating permit for 

any stationary source does not affect the responsibilities of the owner or owners to comply with 

any other portion of the applicable 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 which a reduction in an emission must exceed the 

corresponding increase in that emission. 

 (c) “Reasonable further progress” means the annual incremental reductions in emissions of 

the relevant regulated air pollutant that are required by 42 U.S.C. §§ 7501 to 7515, inclusive, or 

are required by the Administrator to ensure attainment 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 which is required for a new or modified 

stationary source pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the 

Director must contain a careful and detailed assessment of the environmental aspects of the 

proposed stationary source and must also contain: 

 (a) The name and address of the applicant; 

 (b) The name, address and location of the stationary source; 

 (c) A description of the proposed stationary source, including the normal hours of operation 

of the facility and the general types of activities to be performed; 

 (d) A map showing the location of the stationary source and the topography of the area, 

including existing principal streets, roads and highways within 3 miles of the stationary source; 

 (e) A site plan showing the location and height of buildings on the site; 

 (f) Any additional information or documentation which the Director deems necessary to 

determine the effect of the stationary source on the quality of the ambient air, including 

measured data on the quality of the ambient air and meteorological conditions at the proposed 

site before construction 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 consider good engineering practice 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 permit 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 applicable 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, except that the Director may authorize the 

modification of a model specified in the “Guideline on Air Quality 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 approval of the modification or use from the Administrator; and 

 (3) Provides notice of and establishes a 30-day 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 premises 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, including, without limitation, 

information concerning: 

 (I) The nearest significant terrain features; 

 (II) The receptor grid or grids; and 

 (III) Restrictions on public access to the stationary source; and 

 (c) Valid meteorological information 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 reference 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 period of not less than 1 year; 

 (II) Has been obtained from an off-site location representative of the proposed site and 

which covers a period of not less than 1 year; 

 (III) Represents the worst-case meteorological conditions, as approved by the Director 

for synthetic data; or 

 (IV) Has been obtained over the last 5 years at the nearest National Weather Service 

site; or 
--13-- 

Adopted Regulation R042-13 

 (2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as 

adopted by reference in NAC 445B.221, is representative of the source site location and source 

emissions and which covers a period of not less than 1 year. 
__________________________________________

Public Notice – SEC Regulatory Hearing 12/04/2013

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 the 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 regulations, 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 

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 

Implementation 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 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. 
__________________________________________

Public Notice – SEC Regulatory Hearing 12/04/2013

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.308 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 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.

R092-13: Provide for Public Non-motorized Access to Mine Pit Lakes under 

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 reclamation 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) determination 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 12/04/2013

3

government 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 portions 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, the Federal 

government established a federal Indian policy to treat Tribal governments on 

a government-to-government basis, and to support the principle of selfdetermination 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 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 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 actions 

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, Nevada 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 immediately 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 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. 

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 State Library and Archives building in Carson 
__________________________________________

Public Notice – SEC Regulatory Hearing 12/04/2013

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. The proposed 

regulation denoted in this notice, including previous drafts, is or will be posted 

on the Legislative Counsel Bureau's website at: 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, Suite 4001, Carson City, Nevada 89701-5249, facsimile 

(775) 687-5856, or by calling (775) 687-9374, no later than 4:00 p.m. on 

November 27, 2013.






Agenda – SEC Meeting 12/04/2013

1

 Agenda

SEC Meeting December 4, 2013

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 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-judicial 

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: (For Possible Action)

3) Approval of Meeting Minutes: 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. 2452, 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 Recommended penalty amount is 

$10,500.00.
Agenda – SEC Meeting 12/04/2013

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NDEP Regulatory Petitions: 

Bureaus 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 nonmotorized 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 reclamation 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.265 and 519A.270 

requiring a plan for reclamation to include the landowner(s) 

determination 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 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. 

6) R093-13: Standards for Water Quality: (For Possible Action)

The NDEP is proposing changes to NAC 445A which remove waterbodies 

or portions of waterbodies pertaining to State Water Quality Standards 

on Federal Indian Reservations. During the 1970’s, when Nevada was 
Agenda – SEC Meeting 12/04/2013

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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 selfdetermination 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 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 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.

7) RO37-13 - Solid Waste Regulation (For Possible 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 Department 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 the 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. The 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) RO38-13 - Hazardous 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 facilities 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 and 
Agenda – SEC Meeting 12/04/2013

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fees 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 disposed 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 proposed 

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 proposed 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) R041-13 — 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 regulations, 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 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.

10) R042-13 — 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 12/04/2013

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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 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 

National 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 requirements. 

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.

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.

11) 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.

12) Hydraulic Fracturing Presentation: (Discussion)

Rich Perry, NDOM Administrator, will provide an overview of the 

hydraulic fracturing efforts in Nevada.

13) Election of Vice Chairman (For Possible Action)
Agenda – SEC Meeting 12/04/2013

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14) 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.

15) 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 the chairperson.

16) 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 the 

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 South 
Agenda – SEC Meeting 12/04/2013

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Stewart Street, Suite 4001, Carson City, Nevada 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 immediately to act 

upon any written submissions. 

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, Suite 4001, Carson 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.