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INDEX TO DOCKET EPA-R09-OAR-2013-0663

NEVADA INFRASTRUCTURE SIP FOR THE 2008 Lead (Pb) 

NATIONAL AMBIENT AIR QUALITY STANDARD

(October 2013)

PROPOSED RULE

CATEGORY I RULEMAKING DOCUMENTS

1. Proposed Rule, “Partial Approval and Disapproval of Air 

Quality State Implementation Plans; Nevada; Infrastructure 

Requirements for Lead (Pb),” signed September 30, 2013

(pre-publication version).

2. EPA Region 9, “Pb Infrastructure SIP: Technical Support 

Document,” September 2013.

3. EPA Region 9, “Technical Support Document: Evaluation of 

EPA Evaluation of Nevada Provisions for Section 

110(a)(2)(E)(ii)/Section 128 Conflict of Interest 

Requirements,” July 2012.

CATEGORY II STATE SUBMITTALS

1. Letter from Colleen Cripps, Administrator, Nevada Division 

of Environmental Protection (NDEP), “Nevada’s Clean Air Act 

§ 110(a)(1) and (2) State Implementation Plan for the 2008 

Lead NAAQS” to Jared Blumenfeld, Regional Administrator, 

U.S. Environmental Protection Agency (EPA) Region 9, 

October 12, 2011, with enclosures.

2. Letter from Colleen Cripps, Administrator, NDEP, “Clark 

County Portion of Nevada’s Clean Air Act § 110(a)(1) and 

(2) State Implementation Plan for the 2008 Lead NAAQS” to 

Jared Blumenfeld, Regional Administrator, EPA Region 9, 

July 23, 2012, with enclosures.

3. Letter from Colleen Cripps, Administrator, NDEP, “Revisions 

to Nevada’s Clean Air Act § 110(a)(2)State Implementation 

Plan Submittals” to Jared Blumenfeld, Regional 

Administrator, EPA Region 9, August 30, 2012, with 

enclosures.
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CATEGORY III INCORPORATION BY REFERENCE DOCUMENTS

[Reserved]

CATEGORY IV OFFICIAL PUBLIC COMMENT ON THE NPRM

[Reserved]

CATEGORY V OTHER DOCUMENTS

1. Memorandum issued by Edward E. Reich, Director of the 

Division of Stationary Source Enforcement, EPA,

“Clarification of Requirements for Inclusion of Continuous 

Emission Monitoring Provisions in State Implementation 

Plans,” May 9, 1980. 

2. “Agreement for Delegation of the Federal Prevention of 

Significant Deterioration Program by the United States 

Environmental Protection Agency, Region 9 to the Nevada 

Division of Environmental Protection,” October 19, 2004.

3. Memorandum issued by Air Quality Analysis Division (AQAD), 

Office of Air Quality Planning and Standards (OAQPS), EPA,

“Guidance on the Use of Models and Other Analyses for 

Demonstrating Attainment of Air Quality Goals for Ozone, 

PM2.5 and Regional Haze,” April, 2007.

4. “Agreement for Delegation of the Federal Prevention of 

Significant Deterioration Program by the United States 

Environmental Protection Agency, Region 9 to the Washoe 

County District Health Department”, March 13, 2008.

5. “Agreement for Delegation of the Federal Prevention of 

Significant Deterioration Program by the United States 

Environmental Protection Agency, Region 9 to the Nevada 

Division of Environmental Protection,” September 15, 2011.

6. Memorandum issued by William T. Harnett, Director, Air 

Quality Policy Division (AQPD), OAQPS, EPA, “Guidance on 

SIP Elements Required Under Sections 110(a)(1) and (2) for 

the 2006 24-Hour Fine Particle (PM2.5) National Ambient Air 

Quality Standards (NAAQS),” September 25, 2009.
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7. Letter from Leo M. Drozdoff, Administrator, NDEP, “Current 

CAA 110(a)(2)(A)-(M) Requirements in Washoe County Portion 

of Nevada's PM2.5 infrastructure State Implementation Plan” 

to address 2006 24-hour PM2.5 NAAQS to Laura Yoshii, Acting 

Regional Administrator, EPA Region 9, December 4, 2009,

with enclosure.

8. NDEP Bureau of Air Quality Planning (BAQP), “Ambient Air 

Monitoring Network Plan,” 2012.

9. Clark County Department of Air Quality (DAQ), “Annual 

Network Plan Report,” June 2012.

10. Washoe County Health District Air Quality Management 

Division (AQMD), “2012 Ambient Air Monitoring Network 

Plan,” July 2, 2012.

11. Clark County Air Quality Regulation Section 2, “Procedures 

for adoption and revision of regulations and for inclusion 

of those regulations in the State Implementation Plan,” 

Amended December 20, 2005.

12. Letter from Allen Biaggi, Director, Nevada Department of 

Conservation and Natural Resources, to Wayne Nastri, 

Regional Administrator, EPA Region 9, regarding authority 

of the Administrator or Deputy Administrator of NDEP, May 

30, 2007.

13. Clark County Air Quality Regulation Section 12.5, “Part 70 

Operating Permit Requirements,” Adopted May 18, 2010.

14. Draft memorandum prepared by AQPD, OAQPS, EPA, “DRAFT 

Guidance on SIP Elements Required Under Sections 110(a)(1) 

and (2) for the 2008 Lead (Pb) National Ambient Air Quality 

Standards (NAAQS),” June 17, 2011 version.

15. Memorandum issued by Stephen D. Page, Director, OAQPS, EPA

to Regional Air Division Directors, EPA Regions 1-10,

“Guidance on Infrastructure State Implementation Plan 

Elements Required Under Sections 110(a)(1) and 110(a)(2) 

for the 2008 Lead (Pb) National Ambient Air Quality 

Standards (NAAQS),” October 14, 2011.
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16. Memorandum issued by Mark Schmidt, AQAD, OAQPS, EPA, “The 

Estimated Contribution of Ambient Lead (Pb) to Class I 

Visibility Impairment,” November 7, 2011.

17. EPA Region 9, “Technical Support Document for EPA’s Notice 

of Proposed Rulemaking for revisions to the Nevada State 

Implementation Plan, Clark County Department of Air Quality 

and Environmental Management, New Source Review Permitting 

Program, Including Minor NSR, NSR and PSD programs,” July 

11, 2012.

18. EME Homer City Generation v. EPA, No. 11-1302, U.S. Court 

of Appeals for the District of Columbia Circuit (D.C. Cir., 

August 21, 2012).

19. Sierra Club v. EPA, No. 10-1413,(D.C. Cir., January 22, 

2013).

20. “Agreement for Delegation of the Federal Prevention of 

Significant Deterioration (PSD) Program by the United 

States Environmental Protection Agency, Region 9 to the 

Nevada Division of Environmental Protection,” November 7, 

2012.

21. NDEP BAQP, “Ambient Air Monitoring Network Plan,” 2013.

22. Clark County DAQ, “Annual Network Plan Report,” June 2013.

23. Washoe County Health District AQMD, “2013 Ambient Air 

Monitoring Network Plan” July 1, 2013.

24. Clark County Air Quality Regulation Section 18, “Permit and 

Technical Service Fees,” Amended February 11, 2013.

25. Letter from Matthew Lakin, Air Quality Analysis Office

(AQAO), EPA Region 9 to Rob Bamford, Chief, BAQP, NDEP, 

February 28, 2013, with enclosure.

26. Letter from Matthew Lakin, AQAO, EPA Region 9 to Mike 

Sword, Engineering Manager, Clark County DAQ, February 28, 

2013, with enclosure.

27. Letter from Matthew Lakin, AQAO, EPA Region 9 to Daniel 

Inouye, Branch Chief, Monitoring and Planning, AQMD, Washoe 

County Health District, February 28, 2013, with enclosure.
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28. EME Homer City Generation, L.P. v. EPA, 696 F .3d 7 (D.C. 

Cir., 2012), cert. granted, 2013 U.S. Lexis 4801 (June 24, 

2013).

29. Lead (Pb) source data from 2008 National Emissions 

Inventory Database, August 2013.

30. NDEP, “Nevada Air Quality Trend Report 2000-2010,” 

downloaded from NDEP’s website, 

http://ndep.nv.gov/baqp/index.htm, on September 4, 2013.

31. Washoe County Air Quality Regulation 030.000, “Source 

Permitting and Operation,” downloaded from Washoe County 

Health District Air Quality Management District’s website, 

http://www.washoecounty.us/health/air/regulations.html, on 

September 13, 2013.

32. Memorandum issued by Stephen D. Page, Director, OAQPS, EPA 

to Regional Air Division Directors, EPA Regions 1-10,

“Guidance on Infrastructure State Implementation Plan 

Elements Under Clean Air Act Sections 110(a)(1) and 

110(a)(2),” September 13, 2013.

33. EPA, Jefferson Wehling, Memo to file regarding Washoe 

County Health District AQMD’s interpretation of rule 

references to National Ambient Air Standards, September 13, 

2013.

CATEGORY VI FEDERAL REGISTER NOTICES

1. 37 FR 10842, “Part 52 - Approval and Promulgation of 

Implementation Plans,” May 31, 1972.

2. 37 FR 15086, “Part 52 – Approval and Promulgation of 

Implementation Plans,” July 27, 1972.

3. 38 FR 12702, “Part 52 - Approval and Promulgation of 

Implementation Plans,” May 14, 1973.

4. 40 FR 13306, “Part 52 - Approval and Promulgation of 

Implementation Plans, Nevada Indirect Source Regulations,”

March 26, 1975.
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5. 43 FR 1341, “Part 52 – Approval and Promulgation of 

Implementation Plans, Air Pollution Control, State 

Regulations, State of Nevada,” January 9, 1978.

6. 45 FR 46384, “Nevada State Implementation Plan Revision:

Nevada Revised Statutes and the Emergency Episode Plan,” 

July 10, 1980.

7. 46 FR 21758, “Approval and Promulgation of Implementation 

Plans; Nonattainment Area Plans for the State of Nevada,” 

April 14, 1981.

8. 46 FR 43141, “Nevada State Implementation Plan Revision,” 

August 27, 1981.

9. 47 FR 26386, “Approval and Promulgation of Implementation 

Plans; Nevada State Implementation Plan Revision,” June 18, 

1982.

10. 47 FR 26620, “Nevada; Approval and Promulgation of 

Implementation Plans,” June 21, 1982.

11. 48 FR 28271, “Prevention of Significant Deterioration; 

Delegation of Authority, State of Nevada,” June 21, 1983.

12. 49 FR 26736, “Approval and Promulgation of Implementation 

Plans; State of Nevada,” June 29, 2984.

13. 58 FR 51735, “Executive Order 12866,” October 4, 1993.

14. 59 FR 7629, “Executive Order 12898,” February 16, 1994.

15. 62 FR 19885, “Executive Order 13045,” April 23, 1997.

16. 64 FR 43255, “Executive Order 13132,” August 10, 1999.

17. 65 FR 67249, “Executive Order 13175,” November 9, 2000.

18. 66 FR 28355, “Executive Order 13211,” May 22, 2001.

19. 66 FR 63188, “Clean Air Act Full Approval of Title V

Operating Permits Programs; Clark County Department of Air 

Quality Management, Washoe County District Health 

Department, and Nevada Division of Environmental 

Protection, Nevada,” December 5, 2001.
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20. 67 FR 80186, “Prevention of Significant Deterioration and 

Nonattainment New Source Review: Baseline Emissions 

Determination, Actual-to-Future-Actual Methodology, 

Plantwide Applicability Limitations, Clean Units, Pollution 

Control Projects,” December 31, 2002.

21. 68 FR 11323, “Approval and Promulgation of Implementation 

Plans; Prevention of Significant Deterioration,” March 10, 

2003.

22. 68 FR 74489, “Approval and Promulgation of Implementation 

Plans; Prevention of Significant Deterioration,” December 

24, 2003.

23. 69 FR 54006, “Approval and Promulgation of Implementation 

Plans; New Source Review; State of Nevada, Clark County

Department of Air Quality and Environmental Management,”

September 7, 2004.

24. 70 FR 68218, “Revisions to the Guideline of Air Quality 

Models: Adoption of a Preferred General Purpose (Flat and 

Complex Terrain) Dispersion Model and Other Revisions,” 

November 9, 2005.

25. 70 FR 71612, “Final Rule to Implement The 8-Hour Ozone 

National Ambient Air Quality Standard-Phase 2; Final Rule 

to Implement Certain Aspects of the 1990 Amendments 

Relating to New Source Review and Prevention of Significant 

Deterioration as They Apply in Carbon Monoxide, Particulate 

Matter, and Ozone NAAQS; Final Rule for Reformulated 

Gasoline,” November 29, 2005.

26. 71 FR 51766, “Revisions to the Nevada State Implementation 

Plan,” August 31, 2006.

27. 71 FR 75690, “Approval and Promulgation of Implementation 

Plans; Revisions to the Nevada State Implementation Plan; 

Excess Emissions Provisions,” December 18, 2006.

28. 72 FR 11, “Approval and Promulgation of Implementation 

Plans; Revisions to the Nevada State Implementation Plan; 

Requests for Rescission,” January 3, 2007.
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29. 72 FR 19801, “Approval and Promulgation of Implementation 

Plans; Revisions to the Nevada State Implementation Plan; 

Definition, Emergency Episode, and Monitoring Regulations,”

April 20, 2007.

30. 72 FR 32526, “Prevention of Significant Deterioration (PSD)

and Nonattainment New Source Review (NSR): Removal of 

Vacated Elements,” June 13, 2007.

31. 72 FR 33397, “Revisions to the Nevada State Implementation 

Plan, Washoe County District Health Department,” June 18, 

2007.

32. 73 FR 20536, “Approval and Promulgation of Implementation 

Plans; Revisions to the Nevada State Implementation Plan; 

Stationary Source Permits,” April 16, 2008.

33. 73 FR 28321, “Implementation of the New Source Review (NSR) 

Program for Particulate Matter Less Than 2.5 Micrometers

(PM2.5),” May 16, 2008.

34. 73 FR 66964, “National Ambient Air Quality Standards for 

Lead,” November 12, 2008.

35. 75 FR 31514, “Prevention of Significant Deterioration and 

Title V Greenhouse Gas Tailoring Rule,” June 3, 2010.

36. 75 FR 45485, “Determination of Attainment for PM10 for the 

Las Vegas Valley Area, NV,” August 3, 2010.

37. 75 FR 59090, “Approval and Promulgation of Implementation 

Plans and Designation of Areas for Air Quality Planning 

Purposes; State of Nevada; Redesignation of Las Vegas 

Valley to Attainment for the Carbon Monoxide Standard,”

September 27, 2010

38. 75 FR 64864, “Prevention of Significant Deterioration (PSD) 

for Particulate Matter Less Than 2.5 Micrometers (PM2.5)—

Increments, Significant Impact Levels (SILs) and 

Significant Monitoring Concentration (SMC),” October 20, 

2010.
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39. 75 FR 82536, “Limitation of Approval of Prevention of

Significant Deterioration Provisions Concerning Greenhouse 

Gas Emitting Sources in State Implementation Plans; Final 

Rule,” December 30, 2010.

40. 76 FR 21807, “Approval and Promulgation of Implementation 

Plans; State of Nevada; PM–10; Determinations Regarding 

Attainment for the Truckee Meadows Nonattainment Area and 

Applicability of Certain Clean Air Act Requirements,” April 

19, 2011.

41. 76 FR 36450, “Approval and Promulgation of Air Quality 

Implementation Plans; State of Nevada; Regional Haze State 

Implementation Plan,” June 22, 2011.

42. 76 FR 72097, “Air Quality Designations for the 2008 Lead 

(Pb) National Ambient Air Quality Standards,” November 22, 

2011.

43. 77 FR 17334 at 17339, “Approval and Promulgation of Air

Quality Implementation Plans; State of Nevada; Regional 

Haze State Implementation Plan,” March 26, 2012.

44. 77 FR 38557, “Approval and Promulgation of Implementation 

Plans; Revisions to the Nevada State Implementation Plan; 

Stationary Source Permits,” June 28, 2012.

45. 77 FR 43206, “Limited Approval and Disapproval of Air 

Quality Implementation Plans; Nevada; Clark County; 

Stationary Source Permits,” July 24, 2012.

46. 77 FR 46361, “Partial Approval and Disapproval of Air 

Quality Implementation Plans; Nevada; Infrastructure 

Requirements for Ozone and Fine Particulate Matter,” August 

3, 2012.

47. 77 FR 50936, “Approval and Promulgation of Air Quality 

Implementation Plans; Nevada; Regional Haze State and 

Federal Implementation Plans; BART Determination for Reid 

Gardner Generating Station,” August 23, 2012.

48. 77 FR 59321, “Approval and Promulgation of Implementation 

Plans; Revisions to the Nevada State Implementation Plan; 

Stationary Source Permits,” September 27, 2012.
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49. 77 FR 60915, “Revisions to the Nevada State Implementation 

Plan, Washoe County Air Quality District,” October 5, 2012.

50. 77 FR 64039, “Limited Approval and Disapproval of Air 

Quality Implementation Plans; Nevada; Clark County; 

Stationary Source Permits,” October 18, 2012.

51. 77 FR 64737, “Partial Approval and Partial Disapproval of 

Air Quality State Implementation Plans; Nevada; 

Infrastructure Requirements for Ozone and Fine Particulate 

Matter,” October 23, 2012.

52. 78 FR 1149, “Approval and Promulgation of Implementation 

Plans and Designation of Areas for Air Quality Planning 

Purposes; State of Nevada; Redesignation of Clark County to 

Attainment for the 1997 8-Hour Ozone Standard,” January 8, 

2013.