### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 2 - PROCEDURES FOR ADOPTION AND REVISION OF

REGULATIONS AND FOR INCLUSION OF THOSE

REGULATIONS IN THE STATE IMPLEMENTATION PLAN

2.1 Purpose.

(a) The purpose of this regulation is to set forth the general procedural requirements for the adoption and revisi on of Clark County Air Quality Regulations and for inclusion of certai n of those regulations in the State Implementation Plan in accordanc e with NRS §§ 244.09 5-.119, NRS §§ 237.030-.110, NRS §§ 445B .215 and .500(2), Section 110 of the Act, and

40 C.F.R. Part 51. The Board of County Commissioners (“BCC”) shall comply with any additional applicable pr ocedural requirements pursuant to federal, state, or local law.

2.2 Procedures for Adoption and Revision of the Air Quality Regulations by

Ordinance.

2.2.1 Enactment by Bill; Summary and Title.

• No ordinance shall be adopted by t he BCC except by bill. When an ordinance is amended, the se ction or sections thereof shall be reenacted as amended, and no ordinance shall be re vised or amended by reference only to its title.

• Every ordinance shall bear a summary , which shall appear before the title

and which shall state in brief the subject matter of the ordinance.

• The subject of each ordinance shall be clear ly indicate d in the title. In any case in which the subject of the ordinance is not described in the title, the

ordinance shall be void as to the matter not described.

2.2.2 Notice of Public H earing; Introduction of Ordinanc e; Publication of Hearing Procedures for Enactment; Publication of Revised Ordinance.

Amended 12/20/05 2-1 CC Air Quality Regulations(a) Notice of Public Hearing. Notice of the public hearing on an ordinance which is to be considered by the BCC must be given in any newspaper, pursuant to the provisions of chapt er 238 of NRS, once a week for three weeks commencing at least 30 days befor e the hearing. The notice must specify with particularity the reas ons for the proposed ordinance and provide other informative details.

(b) Introduction of Ordinance. All proposed ordinances including ordinances proposed for inclusion in the SIP, w hen first proposed, must be read by title to the BCC, immediately after whic h at least one copy of the proposed

ordinance must be filed wit h the County Clerk for public examination in each district in which it will apply.

(c) Publication of Hearing. Notice of the filing, together with the title and an adequate summary of the ordinance, and the date on which a public hearing will be held, must be published onc e in a newspaper published in the county at least 10 days before the date set for the hearing.

(d) Enactment. The BCC shall adopt or re ject the ordinance, or the ordinance as amended, within thirty-fiv e (35) days after the date of the close of the final public hearing, exc ept that in cases of emergency, by unanimous consent of the whole BCC, final acti on may be taken immediately or at a special meeting called for that purpose.

(1) After adoption, the ordinance must be:

(i) Signed by the chairman of the BCC.

(ii) Attested by the County Clerk.

(iii) Published by title only, t ogether with the names of the County commissioners voting for or against its passage, in a newspaper published in and having a general circulation in the County, at least once a week for a period of two (2) weeks before it goes into effect. Publication by title must also cont ain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the County Clerk by all interested persons.

(e) Publication of Revised Ordinance. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the BCC, no further publication is necessary.

(1) Except in an emergency, before acting upon a new or amended

ordinance the BCC must hold a heari ng at which interested persons may present their views. The public hearing may be held in conjunction with the meeting provid ed for in subsection 2.2.2(d).

Amended 12/20/05 2-2 CC Air Quality Regulations2.2.3 Style of Ordinances.

(a) The style of the ordinances s hall be as described in NRS § 244.110.

2.2.4 Adoption of Ordinances Affecting Busine sses; Economic Impact Analysis. The BCC shall comply with the provisi ons set forth in NRS §§ 237.030 through

237.110.

2.2.5 Variance Between Ordinance and Pub lished Notice of Proposed Ordinance.

(a) The BCC may not consider an ordinanc e that is substantially different from the proposed ordinance contained in the notice of proposed rule making filed with the County Clerk pur suant to subsection 2.2.2(b). However, the BCC may terminat e a rule making proceeding and commence a new rule making proceeding for the purpose of making a substantially different rule.

(b) In determining whether an ordinance is substantially different from the published proposed ordinance on which it is required to be based, all of the following must be considered:

(1) The extent to which all persons affected by the ordinance should have understood that the publis hed proposed ordinance would

affect their interests.

(2) The extent to which the subj ect matter of the ordinance or the issues determined by that ordinance are different from the subject matter or issues involved in the published proposed ordinance.

(3) The extent to which the proc edure contained in t he ordinance or the

effects of the ordinance differ from the procedure or effects of the published proposed ordinance if it had been made instead.

2.3 Additional Procedures for the Adopt ion and Revision of Regulations and Other Materials to be Incorporated in the State Implementation Plan.

2.3.1 Applicability. To the extent an air qualit y regulation is also to be submitted to the

Nevada Division of Environmental Protec tion (“NDEP”) for inclusion in the SIP under § 110 of the Act, the procedures de scribed in this section 2.3 shall be followed. These procedures shall apply to submission of:

(a) Any revision to the SIP de scribed by 40 C.F.R. § 51.104(a).

(b) Any individual compliance schedule under 40 C.F.R. § 51.260.

Amended 12/20/05 2-3 CC Air Quality Regulations(c) Any other SIP revision submi tted to NDEP pursuant to 40 C.F.R. § 51.104(d).

2.3.2 Additional Procedural Requirements.

(a) Public Notice. Any notice required by subsection 2.2.2(a) will also include

notice to:

(1) The Administrator (through the appropriate regional office).

(2) Notification to each local air pollution control agency and tribal government which will be significant ly impacted by such plan, schedule or revision;

(3) In the case of an interstate regi on, notification to any other States included, in whole or in part, in th e regions which are significantly impacted by such plan or schedule or revision. (4) In addition to the public notic e requirements provided herein, the BCC may require that notice be giv en in an alternate publication or

forum.

(b) Public hearings.

(1) Separate hearings may be held for plans to implement primary and secondary standards.

(2) No hearing will be required for any change to an increment of progress to an approved individua l source compliance schedule unless that change is likely to caus e the source to be unable to comply with the final compliance date in the schedule.

(c) Recording-keeping and Certific ation of Public Hearing.

(1) The Department of Air Q uality and Environmental Management (“DAQEM”), on behalf of the BCC, shall prepare and retain, for inspection by the Administrator upon request, a record of each hearing and each written comment. The hearing record must contain, at a minimum, a list of commenters together with the content of each presentation.

(2) The BCC shall submit to NDEP with the plan, revision, or schedule a certification that the hearing required by 40 C.F.R. § 51.102(a)

was held in accordance with the notice required by 40 C.F.R. § 51.102(d).

Amended 12/20/05 2-4 CC Air Quality Regulations2.3.3 Submission of Plans; Pr eliminary Review of Plans.

(a) The following items shall be included with ordinances, compliance plans or other SIP components to be submitt ed to NDEP for transmittal to EPA:

(1) SIP administrative materials:

(i) Evidence that the BCC has adopt ed the SIP in accordance with applicable state and local law or issued the permit, order, consent agreement or other SIP component in final form in accordance with

40 C.F.R. Part 51. That evidenc e must include the date of adoption

or final issuance as well as the effective date of the revision or other component, if different fr om the adoption/issuance date.

(ii) Evidence that the BCC has the necessary legal authority to adopt and implement the SIP.

(iii) A copy of the act ual ordinance, or document submitted for approval and incorporation by reference into the SIP, including indication of the changes made to the existing approved SIP, where applicable. The submittal may be a copy of the official ordinance/document signed, stamped, dated by the appropriate BCC official indicating that it is fully enforc eable by the BCC. The effective date of the ordinance/document must, whenever po ssible, be indicated in the

document itself.

(iv) Evidence that public notice wa s given of the proposed change consistent with EPA procedures, incl uding the date of publication of

that notice.

(v) Certification that public hearing( s) were held in accordance with information provided in the public notice and applicable state and local law, if required.

(vi) Compilation of public comments and the BCC's response.

(2) Technical Support.

(i) Identification of a ll regulated pollutants affected by the ordinance, compliance plan or other SIP component.

(ii) Identification of the lo cations of affected sources.

(iii) Quantification of the changes in SIP allowable emissions from the affected sources; estimates of c hanges in current actual emissions from affected sources or, wher e appropriate, quantification of

Amended 12/20/05 2-5 CC Air Quality Regulationschanges in actual emissions fr om affected sources through

calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.

(iv) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.

(v) Evidence that the plan contains emission limitations, work practice standards and record-keeping/repor ting requirements, where necessary, to ensure compliance with emission levels.

(vi) Compliance/enforcement stra tegies, including how compliance will be determined in practice.

(b) The BCC, through its submissi on to NDEP for transmittal to the Administrator, may submit those el ements of the SIP awaiting formal adoption for EPA’s comment prior to adoption under the “parallel processing” procedures of 40 C.F.R. Part 51, § 51.103(b), Appendix V, Section 2.3.1. SIP pr ovisions undergoing parallel processing are not subject to the requirements of subsec tion 2.3.3(a)(1) but must meet all requirements of subsection 2.3.3(a)(2 ). The following requirements apply to plans submitted for parallel processing:

(1) A letter requesting that EPA propos e approval of the proposed plan by parallel processing.

(2) In lieu of subsection 2.3.3(a)(1)(i ), the BCC shall submit a schedule for final adoption or issuance of the plan.

(3) In lieu of subsection 2.3.3(a)(1 )(iii), the submission shall include a copy of the proposed/draft regul ation or document, including indication of the proposed changes to be made to the existing approved plan, where applicable.

(4) The requirements of subsections 2.3.3(a)(1)(v)-(vi) do not apply to plans submitted for parallel processing.

(c) Parallel Processing applies only to EPA’s determination of proposed

action. The BCC must meet all requirements of subsection 2.3.3(a)(2) prior to publication of EPA’s final determination of plan approvability.

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20, 2005.

Amended 12/20/05 2-6 CC Air Quality Regulations