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 revision of Clark County Air Quality 

Regulations and for inclusion of certain of those regulations in the State 

Implementation Plan in accordance with NRS §§ 244.095-.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 procedural 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 the BCC except by bill. When an 

ordinance is amended, the section or sections thereof shall be reenacted 

as amended, and no ordinance shall be revised 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 clearly 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 Hearing; Introduction of Ordinance; Publication of Hearing 

Procedures for Enactment; Publication of Revised Ordinance. 

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(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 chapter 238 of NRS, once a week for three 

weeks commencing at least 30 days before the hearing. The notice must 

specify with particularity the reasons for the proposed ordinance and 

provide other informative details. 

(b) Introduction of Ordinance. All proposed ordinances including ordinances 

proposed for inclusion in the SIP, when first proposed, must be read by 

title to the BCC, immediately after which at least one copy of the proposed 

ordinance must be filed with 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 once 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 reject the ordinance, or the ordinance 

as amended, within thirty-five (35) days after the date of the close of the 

final public hearing, except that in cases of emergency, by unanimous 

consent of the whole BCC, final action 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, together 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 contain 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 hearing at which interested persons 

may present their views. The public hearing may be held in 

conjunction with the meeting provided for in subsection 2.2.2(d). 

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2.2.3 Style of Ordinances. 

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

 

2.2.4 Adoption of Ordinances Affecting Businesses; Economic Impact Analysis. The 

BCC shall comply with the provisions set forth in NRS §§ 237.030 through 

237.110. 

2.2.5 Variance Between Ordinance and Published Notice of Proposed Ordinance. 

(a) The BCC may not consider an ordinance that is substantially different 

from the proposed ordinance contained in the notice of proposed rule 

making filed with the County Clerk pursuant to subsection 2.2.2(b). 

However, the BCC may terminate 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 published proposed ordinance would 

affect their interests. 

(2) The extent to which the subject 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 procedure contained in the 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 Adoption and Revision of Regulations and 

Other Materials to be Incorporated in the State Implementation Plan. 

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

Nevada Division of Environmental Protection (“NDEP”) for inclusion in the SIP 

under § 110 of the Act, the procedures described in this section 2.3 shall be 

followed. These procedures shall apply to submission of: 

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

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

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 (c) Any other SIP revision submitted 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 significantly impacted by such plan, 

schedule or revision; 

(3) In the case of an interstate region, notification to any other States 

included, in whole or in part, in the regions which are significantly 

impacted by such plan or schedule or revision. 

 (4) In addition to the public notice requirements provided herein, the 

BCC may require that notice be given 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 individual source compliance schedule 

unless that change is likely to cause the source to be unable to 

comply with the final compliance date in the schedule. 

(c) Recording-keeping and Certification of Public Hearing. 

(1) The Department of Air Quality 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). 

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2.3.3 Submission of Plans; Preliminary Review of Plans. 

(a) The following items shall be included with ordinances, compliance plans or 

other SIP components to be submitted to NDEP for transmittal to EPA: 

(1) SIP administrative materials: 

(i) Evidence that the BCC has adopted 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 evidence must include the date of adoption 

or final issuance as well as the effective date of the revision or 

other component, if different from 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 actual 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 enforceable by the BCC. The effective date of the 

ordinance/document must, whenever possible, be indicated in the 

document itself. 

(iv) Evidence that public notice was given of the proposed change 

consistent with EPA procedures, including 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 all regulated pollutants affected by the ordinance, 

compliance plan or other SIP component. 

(ii) Identification of the locations of affected sources. 

(iii) Quantification of the changes in SIP allowable emissions from the 

affected sources; estimates of changes in current actual emissions 

from affected sources or, where appropriate, quantification of 

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changes in actual emissions from 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/reporting requirements, where 

necessary, to ensure compliance with emission levels. 

(vi) Compliance/enforcement strategies, including how compliance will 

be determined in practice. 

(b) The BCC, through its submission to NDEP for transmittal to the 

Administrator, may submit those elements 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 provisions undergoing parallel processing are not 

subject to the requirements of subsection 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 propose 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 regulation 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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History: Amended: November 18, 1993; December 19, 1996; February 20, 2001; June 3, 2003; July 1, 2004; December 

20, 2005. 

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