# WASHOE COUNTY HEALTH DISTRICT

AIR QUALITY MANAGEMENT DIVISION

Dr. Colleen Cripps, Ph.D.

Administrator

Division of Environmental Protection

901 S. Stewart St., Suite 4001

Carson City NY 89701-5249

Dear Dr. Cripps: 

### PublicHealth

Prevent. Promote. Protect.

Enclosed is a revision to the Washoe County portion of Nevada's Ozone Infrastructure State Implementation Plan (I-SIP). "The Washoe County Portion of the Nevada State Implementation Plan for

the 2008 Ozone NAAQS: Demonstration of Adequacy" was adopted at a public hearing of the Washoe County District Board of Health (DBOH) on February 28,2013. The submittal includes:

• NDEP request for parallel processing dated December 20, 2012;

• Proof of publication for the public hearing;

• DBOH Agenda for the February 28, 2013 public hearing;

• Staff report for the Ozone I-SIP: Demonstration of Adequacy; and

• Ozone I-SIP: Demonstration of Adequacy;

Two paper and two electronic copies of the submittal are enclosed. The electronic copies are exact duplicates of the paper copy submittal in searchable pdf format.

This is not a complete submittal. Due to unexpected circumstances, the minutes from the February 28,

2013 were not approved at the DBOH meeting on March 28, 2013. These minutes are expected to be approved at the next DBOH meeting scheduled for April 25, 2013. If approved, the final elements of the

submittal will be forwarded to the Nevada Division of Environmental Protection no later than April 30,

2013. The final elements include:'

• Approved minutes from the February 28, 2013 public hearing; and

• Certificate of Adoption.

Please review these documents and determine if this initial submittal is complete. If so, then please

forward one paper and one electronic copy to the U.S. EPA Region IX office. If you have any questions

or comments regarding this submittal, feel free to contact Mr. Daniel Inouye or me at (775) 784-7200.

Sincerely,

Kevin Dick, Director

Enclosures

cc: Daniel Inouye, Washoe County Health District

- AQMD (WiD enclosures)

P.O. BOX 11130 Reno, NY 89520-0027· (775) 784-7200 • FAX (775) 784-7225 www.washoecounty.uslhealth

Printed on Recycled Paper

# STATE OF NEVADA

Brian Sandoval, Governor

Department of Conservation & Natural Resources Leo M

. Drozdoff

, P

. E

., Director



### DIVISION OF ENVIRONMENTAL PROTECTION Colleen Cripps

, Ph

. D

. , Administrator protecting the future for generations

Jared Blumenfeld Regional Administrator
ORA-I, USEPA Region 9

75 Hawthorne Street

San Francisco CA 94105 December 20

, 2012



### RE: Certification that Nevada's Existing State Implementation Plan Meets the Requirements of Clean Air Act section 110(a)(2) for the 2008 8-Hour Ozone NAAQS

Dear Mr. Blumenfeld:

On behalf of Governor Sandoval, as his appointed designee, the Nevada Division of

Environmental Protection (NDEP) certifies that the existing Nevada applicable state implementation plan (SIP) adequately meets the "infrastructure" requirements of Clean Air Act (CAA) section 11O(a)(2) for the 2008 8-hour ozone national ambient air quality standard (NAAQS), The NDEP is submitting one hard copy and one exact duplicate of the hard copy in

electronic form of this certification letter and the following documents as demonstration of the adequacy of Nevada's existing SIP provisions:

• The Nevada Division of Environmental Protection Portion of the Nevada State Implementation Planfor the 2008 Ozone NAAQS: Demonstration of Adequacy (Demonstration of Adequacy) and appendices.

• Letter from the Washoe County Health District-Air Quality Management Division (WCHD-AQMD) transmitting their 2008 8-hour ozone NAAQS infrastructure SIP to the

NDEP

.

• The Washoe County Portion of the Nevada State Implementation Planfor the 2008

Ozone NAAQS: Demonstration of Adequacy

• Letter from the Clark County Department of Air Quality Management (CCDAQ) transmitting their 2008 8-hour ozone NAAQS infrastructure SIP to the NDEP.

• .State Implementation Plan Revision to Meet the Ozone Infrastructure SIP Requirements of the Clean Air Act Section 110(a)(2), Clark County, Nevada.

On October 23,2012, the U.S. Environmental Protection Agency (US EPA) published a final

rule (77 FR 64737) for partial approval and partial disapproval of the Nevada infrastructure SIP

for the 1997 8-hour ozone NAAQS. The NDEP deems that the authorities approved by the US

EPA for the 1997 ozone NAAQS remain intact and provide adequate ability and authority to implement, maintain, and enforce the 2008 8-hour ozone NAAQS. US EPA's partial disapproval of the NDEP and Washoe County portions of the 1997 ozone infrastructure SIP is

related to the prevention of significant deterioration (PSD) permit program. The NDEP, WCHD-Page 2

December 20,2012

AQMD and US EPA all believe that the deficiencies related to the PSD program are adequately

addressed by the existing federal implementation plans, for which US EPA has delegated

enforcement authority to the NDEP and the WCHD-AQMD.

The enclosed demonstrations from each of the three Nevada air agencies are organized in table

format and list each CAA section 11O(a)(2) element and the existing Nevada SIP provisions that satisfy the requirement in each element. Although some of the SIP provisions cited in the NDEP

table may not be in state regulation, nonetheless those provision 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.

Since no revisions of the Nevada infrastructure SIP for the 1997 ozone NAAQS are required to

meet the infrastructure SIP requirements of the 2008 ozone NAAQS, the NDEP believes that public notice is not required for this certification. While CAA section 110(1) requires that,
"[ e ]ach revision to an implementation plan

... shall be adopted

... after reasonable notice and public hearing," this certification is not a revision. Just as importantly, US EPA's public

comment period on its proposed action for this submittal will afford the public an opportunity to

comment on US EPA's determination regarding the State's certification.

Nevertheless, Nevada will conduct a formal public notice and comment opportunity and adoption process for the 2008 8-hour ozone infrastructure SIP. We request that US EPA parallel

process today's submittal in accordance with 40 CFR 51 Appendix V section 2.3. The public

comment period for CCDAQ will occur in January 2013 with the public hearing on February 19,

2013. The WCHD-AQMD will conduct a public comment period on their portion of the

submittal prior to holding the public hearing to adopt the plan on February 28, 2013. The NDEP

likewise will hold a public comment period during January/February 2013 with opportunity to
request a public hearing at the end of February 2013

. For the NDEP portion ofthis submittal, the

NDEP Administrator has the authority to adopt, revise and submit state plans (see Appendix D).

Nevada's final 2008 8-hour ozone NAAQS infrastructure SIP will be submitted to US EPA by April 10, 2013.

The NDEP maintains that US EPA can make a determination of completeness under the parallel processing provisions. Appendix V section 2.3 provides for an expedited review of a state's plan by allowing US EPA to evaluate the plan prior to actual adoption by the state. Section 2.3.2 says public notice and final adoption must be accomplished "prior to publication of EPA's final

determination of plan approvability." Appendix V does not say that public notice and adoption of

the "plan" must occur before US EPA can make a determination of completeness. In fact,

Section 2.3. 1 (d) provides that "[t]he requirements of paragraphs 2. l(e)-2. 1 (h) shall not apply to plans submitted for parallel processing." Those paragraphs are the public notice and comment provisions. Since they are specifically excepted from the requirements of section 2.1, and since

the purpose of parallel processing is to allow the US EPA to expedite the review of the plan, the parallel processing provisions do not prevent the US EPA from making a completeness finding

in its proposed action.

The NDEP requests that US EPA find this submittal complete and inform US EPA Headquarters

of that determination based on the parallel processing provisions. The NDEP further requests that generally as provisions in Nevada's applicable SIP are replaced or removed through subsequentPage 3

December 20,2012

approvals by US EPA of SIP revisions submitted b y the NDEP, US EPA also replace or remove those provisions in this 2008 8-hour ozone NAAQS infrastructure SIP.

If you should have any questions about this submitt a l or require additional clarification, you may

contact Rob Bamford, Chief, Bureau of Air Quality Planning at (775) 687-9330.

Enclosures

cc w / o enclosures: Colleen Cripp s
, Ph

. D.

Administrator

Dale Erquiaga

, Senior Advisor

, Office ofthe Govern o r Amy Zimpfer

, Associate Director, Air Divis i on
, US E PA Region IX (AIR-I)

Doris Lo

, Acting Chief

, Planning Office

, USEPA Re g ion IX (AIR-2)

Kevin Dick, Director

, Air Quality Management Divi si on
, Washoe County Health District

Lewis Wallenmeyer

, Director

, Department of Air Qu a lity & Environmental Management

, Clark County

ec w / o enclosures

Leo Drozdoff, Director

, Nevada Department of Con se rvation and Natural Resources

Michael Elges

, Deputy Administrator

, NDEP

Rob Bamford, Chief

, Bureau of Air Quality Plannin g
, NDEP

### (This page left intentionally blank.)\11 jl ") HI")' C- 

### "n I !Id 'I" V

, .'., 1_ tJ'l, •. !f1l" • 

### RENO NEWSPAPERS INC U)I'!PTHOl.LER'

Publishel's of

Reno Gazette-Journal

955 Kuenzli St • P.O. Box 22,000. Reno, NV 89520.775.788.6200 Legal Advertising Office 775.788.6394

WASHOE CO

PO BOX 11130

RENO NY 89520-0027

STATE OF NEVADA

COUNTY OF WASHOE Customer Acctll 349008

POll PH

Ad# 

### J 000793847 Legal Ad Cost $21 g,OO

Being tirs! duly sworn, deposes and says: That as the legal clerk of the Reno Gazette-Journal, a daily newspaper of general circulation published in Reno, Washoe County, State of Nevada, that

the notice referenced below has published in each regular and entire issue of said newspaper between the dates: 01123/2013

- 02/25/2013, for exact publication dates please see last line of

Proof of Publication below.

Signed:k'_'

__ _ FEB 2 5 2.013

Proof of Publication

NOTICE OF PUBLIC HEARING WASHOE COUNTY DISTRICT BOARD OF HEALTH

The Washoe County District Board of Health does hereby declare J :00 p.m., February 28, 2013,

at the Washoe County Health District South Conference Room (1001 East Ninth Street, Reno) as the time, date, and place to consider the adoption of the Demonstration of Adequacy f(1l'the

Washoe County Portion of the Nevada State Implementation Plan for tbe 2008 Ozone NAAQS.

If adopted, the Demonstration of Adequacy will be submitted to the U.S. EPA as a revision to the

Washoe County portion of the Nevada SIP. Interested persons who may be af1'ectcd or wish to

comment on any action being considered on the above date should appear at the public heating to

submit oral testimony or may address comments, data, views, or arguments in written fonTI prior

to the hearing to the Washoe County District Board of Heallh, P,O. Box 11130, Reno, NV

89520. Copies of the Demonstration of Adequacy are available the Air Quality Management

Division website (www.ourcleanair.com)andoffices(lOOlEastNinthStreet.Suite B 171, Reno

NY 89512) for inspection by any interested person. A M Smith Ill, Chairman Washoe County

District Board of Health No. 793847 Jan 23, Feb 14,25,2013

Ad Number: 1000793847 Page 

### 1 of 1

### (This page left intentionally blank.)Page 1 

## MEETING NOTICE AND AGENDA

Washoe County District Board of Health

Date and Time of Meeting: Thursday, February 2 8 , 201 3 , 1:00 p.m.

Place of Meeting: Washo e County Health District 1001 East Ninth Street, Building B

South Auditoriu m Reno, Nevada 89520



### District Board of Health Meeting Agenda

All items numbered or lettered below are hereby designated for possible action as if the words “for possible action” were written next to each item (NRS 241.020). An item listed with asterisk (*) next to it is an item for which no action will be taken.

Time Agenda

Item

No. Agenda Item Presenter



### 1:00 PM * 1. Call to Orde r, Pledge of Allegiance Led by Invitation Mr. Smith

* 2. Roll Call Ms. O’Neill

Public

Comment * 3. Public Comment ( l imit ed to three (3) minutes per

person) Mr. Smith

4. Approval/Deletions to Agenda for the February 28,

2013 Meeting Mr. Smith

5. Approval/Additions/Deletions to the Minute s of the January 24, 2013 Regular Meeting

. Mr. Smith WASHOE COUNTY HEALTH DISTRICT

1001 East Ninth Street / P.O. Box 11130
Reno, Nevada 89520

Tele phone 775.328

- 2 400 • Fax 775.328

. 2279 www.washoecounty.us/health GEORGE HESS, MD

DENIS H UMPHREYS, OD

JULIA RATTI
JOSEPH P. ISER, MD, DrPH, MSc
District Health Officer MATT SMITH, Chairman
KITTY JUNG, Vice Chairman
GEORGE FURMAN, MD

SHARON ZADRAPage 2

Time Agenda

Item

No. Agenda Item Presenter



### * 6

. Recognitions

A. Intr oduction of new employee (s)

– Genine Wright, AQM

- Air Quality Specialist I

B. Promotions

– None.

C. Years of Service

– Diane A. Freedman

– CCHS

– 20

years

D. Recognitions

– (1) Certificate of appreciation to the Washoe County

Health District from the United Stat es War Dog Association for the support and generosity of your

staff.

(2) Medical Interpreter Certification

– Maria Magana

E. Retirements

– Katie Hill, CCHS

– 22.5 years Mr. Smith and

Mr. Dick

7

. Proclamation s

– None.

8

. Consent Agenda : M atters which the District Board of Health may consider in one motion. Any exceptions to the Consent Agenda must be stated prior to approval.

A. Air Quality Management Cases :

1. Recommendation to Uphold Unappealed Citations to the Air Pollution Control Hearing

Board:

a. Jackson Food Store #134

– Case 1110, NOV 5234; 735 South Meadows Parkway,

Reno NV 89511

2. Recommendation of Cases Appealed to the Air Pollution Control Hearing Board. None.

3. Recommendation for Variance : None

. Ms. AlbeePage 3

Time Agenda

Item

No. Agenda Item Presenter



### B. Sewage, Wastewater & Sanitation Cas es : Recommendation to Approve Variance Case(s) Presented to the Sewage, Wastewat er & Sanitation Hearing Board. None.

C. Budget Amendments / Interlocal Agreements :

1. Approval of Notice of Subgrant Award (continuation award) from the Nevada Department of He alth and Human Services, Health Division, Sexually Transmitted Disease (STD) Prevention and Control Program, for the period January 1, 2013 through December 31, 2013 in the amount of $119,023 in support of the STD Program, IO 10014; and authorize the

Chair man of the Board to sign ;

2. Approval of Grant Agreement #A

- 00905413

- 0 (continuation agreement) from the U.S. Environmental Protection Agency (EPA) for partial funding in the amount of $524,508 for the period 10/1/12 through 9/30/13 for the Air Quality Manag ement, EPA Air Pollution Control Program, IO 10019.

3. Approval of Notice of Subgrant Award (continuation award) from the Nevada Department of Health and Human Services, Health Division for the period January 1, 2013 through December 31, 2013 in the amount of $99,223, for the Immunization Program Grant (IOs 10028 & 10029), and authorize the Chairman of the Board to sign.

4. Ratification of Interlocal Agreement between the Washoe County Health District (WCHD) and the Board of Regents of the Nevada System of Hig her Education on Behalf of the University of Nevada Cooperative Extension to utilize WCHD facilities for the “All 4 Kids©: Resiliency in the Obesogenic Environment: research project for the period upon approval by all parties through June 30, 2013, unless extended by the mutual agreement of the Parties; in no event shall this Ms. Cooke

Ms. Cooke

Ms. Cooke

Ms. BuxtonPage 4

Time Agenda

Item

No. Agenda Item Presenter



### agreement extend beyond June 30, 2018; and if approved, authorize the Chairman to execute.

5. Recommend approval of donation of one 50 gallon tank with boom to the Churchill County Mosq uito Vector and Weed Control District with a current market value estimated at $200.

D. Reappointment of Ronald Anderson, P.E., to the Sewage, Wastewater and Sanitation (SWS) Hearing Board

. Ms. Buxton

Mr. Tyre

9

. Air Pollution Control Hearing Board Cases appealed

to the District Board of Health

. Ms. Albee

1 0

. Regional Emergency Medical Services Authority :

A. Review and Acceptanc e of the Operation s and Financial Report s for January, 2013; and

B. Update of REMSA’s Community Activities Since January , 201 3

C. Presentation regarding REMSA ’s Healthcare

Innovation Grant Mr. Gubbels

Mr. Gubbels

Ms. Staffan

* 1 1

. Inter

- Hospital Coord inating Council (“ IHCC ”) Presentation regarding Accomplishments Dr. Todd and

Ms. Conti

12. PUBLIC HEARING : Proposed approval and adoption

of revisions to the Health Department Fee Schedule, specific to: (a) Air Quality Management Division, in

accordan ce with the Washoe County District Board of Health Regulations Governing Air Quality Management; (b) Community and Clinical Health Services Division, and; (c) Environmental Health Services Division, in accordance with the Washoe County District Board of He alth Regulations Governing Food Establishments; Washoe County District Board of Health Regulations Governing Sewage, Wastewater, and Sanitation; Washoe County District Board of Health Regulations Governing the Prevention of Vector

- Borne Diseases; Washoe Co unty District Board of Health Ms. Stickney and

Ms. CookePage 5

Time Agenda

Item

No. Agenda Item Presenter



### Regulations Governing Liquid Waste; Washoe County District Board of Health Regulations Governing Invasive Body Decoration Establishments; Washoe County District Board of Health Regulations Governing Public Bathing Places; Wash oe County District Board of Health Regulations Governing Public Spas; Washoe County District Board of Health Regulations Governing Mobile Home and Recreational Vehicle Parks; Washoe County District Board of Health Regulations Governing Solid Waste Manageme nt; and the Washoe County District Board of Health Regulations Governing Well

Construction.

13. Presentation and Adoption of the Washoe County Health District Refund Policy Ms. Cooke

14

. Review and Acceptance of the Monthly Public Health Fund Revenue and Expenditure Report for January,

2013 Ms. Stickney

15

. Discussion and Possible Direction to Staff Regarding FY14 Health Fund Budget Ms. Stickney

16. PUBLIC HEARING : Proposed Approval and Adoption of the Revisions to “The Washoe County Portion of the Nevada State Implementation Plan for the 2008 Ozone NAAQS: Demonstration of Adequacy.” Mr. Inouye

17. Presentation of Air Quality Management Division Accomplishments and Strategic Plan. Mr. Dick

18. Review and A cceptance of the 2013 Le gislative Activity Report Mr. Dick

*1 9

. Staff Reports and Program Updates

A. Director, Epidemiology and Public Health Preparedness

- Communicable Disease; Public Health Preparedness; Emergency Medical Services;

and Vital Statistics Dr. Todd

B. Director, Community and Clinical Health

Services

– Clinical Prog rams and Non

Communicable Disease Updates Mr. KutzPage 6

Time Agenda

Item

No. Agenda Item Presenter



### C. Director, Environmental Health Services Food Program; Land Development; Solid Waste/Special Events; and Vector

- Borne Disease Program Mr. Sack

D. Director, Air Quality Management

– Air Quality;

P lanning and Monitoring Activity; Permitting Activity; Compliance & Inspection Activity; and Permitting & Enforcement Activity Mr. Dick

E. Administrative Health Services Officer

– Technology Update Ms. Stickney

F. District Health Officer

– 2013 Legisla tive Session; Budget; Human Resources; Communication; Accreditation; Washoe County and Community Activities; Health District Media Contacts and Outreach; Statewide (and Beyond) Organizational

Efforts ; RWJF Shared Services Learning Community Grant Update; a nd District Board of

Health Information and Resources Mr. Dick

Board

Comment 

### * 20

. Limited to Announcements or Issues for Future

Agendas Mr. Smith

2 1

. Emergency Items Mr. Dick

Public

Comment 

### *2 2. Public Comment (limited to three (3) minutes per

pers on). No action may be taken. Mr. Smith

2 3

. Adjournment Mr. Smith

______________________________________________________________________________________________________

Business Impact Statement: A Business Impact Statement is available at the Wa shoe County Health District for those items

denoted with a “ $ .”

________________________________________________________________________________________________________

Items on the agenda may be taken out of order, combined wit h other items, withdrawn from the agenda, moved to the agenda of another later meeting; moved to or from the Consent section, or they may be voted on in a block. Items with a specific time designation will not be heard prior to the stated time, but may b e heard later. Items listed in the Consent section of the agenda are voted on as a block and will not be read or considered separately unless withdrawn from the Consent.

_____________________________________________________________________________________ ___________________

The District Board of Health Meetings are accessible to the disabled. Disabled members of the public who require special

accommodations or assistance at the meeting are requested to notify Administrative Health Services in writing at the Washoe County Health District, PO Box 1130, Reno, NV 89520

- 0027, or by calling 775.328.2416, 24 hours prior to the meeting.Page 7

________________________________________________________________________________________________________

Time Limits : Public comments are welcomed during the Public C omment periods for all matters whether listed on the agenda or

not . A ll comments are limited to three (3) minutes per person. Additionally, public comment of three (3) minutes per person may be heard during indiv idual action items on the agenda. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment on that item at the Board meeting. Persons may not allocate unused time to other speakers.

____________________________ ____________________________________________________________________________

Response to Public Comments : The Board of Health can deliberate or take action only if a matter has been listed on an agenda properly posted prior to the meeting. During the pu blic comment period, speakers may address matters listed or not listed on the published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Board of Health. However, responses from the Board members to unlisted pu blic comment topics could become deliberation on a matter without notice to the public. On the advice of legal counsel and to ensure the public has notice of all matters the Board of Health will consider, Board members may choose not to respond to public comments, except to correct factual inaccuracies, ask for Health District Staff action or to ask that a matter be listed on a future agenda. The Board of Health may do this either during th e public comment item or during the following item: “Board Commen ts

– Limited to Announcement or Issues for future Agendas.”

________________________________________________________________________________________________________

Pursuant to NRS 241.020, Notice of this meeting was posted at the following locations :

Washoe County He alth District , 1001 E. 9th St., Reno, NV

Reno City Hall, 1 E. 1st St., Reno, NV

Spa rks City Hall, 431 Prater Way , Sparks, NV

Washoe County Administration Bu ilding, 1001 E. 9th St, Reno, NV

Washoe County Health District Website www.washoecounty.us/health

________________________________________________________________________________________________________

### (This page left intentionally blank.)

### TO: District Board of Health

FROM: Kevin Dick, Director

Air Ouality Management Division

SUBJECT: Public Hearing: Proposed approval and adoption of "The Washoe County

Portion of the Nevada State Implementation Plan to Meet the Ozone
Infrastructure SIP Requirements of Clean Air Act Section 11 0(a)(2)."

Agenda Item:

Staff Recommendation

Approve and adopt "The Washoe County Portion of the Nevada State Implementation

Plan for the 2008 Ozone NMOS: Demonstration of Adequacy."

Background

The U.S. Environmental Protection Agency (EPA) establishes health based National
Ambient Air Ouality Standards (NMOS) for six criteria pollutants including Ozone. The
Clean Air Act (CM) directs states to address basic State Implementation Plan (SIP) requirements to implement, maintain, and enforce the NMOS. Many of the CM
Section 110(a)(2) SIP elements relate to the general information and authorities that

constitute the "infrastructure" of a state's air quality management program. In 2008,

EPA substantially strengthened the 1997 Ozone NMOS by lowering the health-based
8-hour primary standard to 0.08 to 0.075 ppm.

This I-SIP is a summary of current air quality management elements in Washoe County's portion of the State of Nevada Ozone SIP. It includes air quality regulations
and programs demonstrating the Health District's ability to meet these CM requirements. No revisions to the Nevada SIP to meet the 1997 NMOS were required

to meet the 2008 NMOS. This Demonstration of Adequacy certifies that Washoe County Health District's program meets the requirements of CM Section 11 0(a)(2).

To reduce printing resources and expenses, the I-SIP is not included with this staff report. The document is 22 pages and can be accessed from the "News & 

### Events"

section of the Air Ouality Management Division website, www.ourcleanair.com. A hard

copy is available by contacting Mr. Daniel Inouye of AOMD at (775) 784-7214 or dinouye@washoecounty.us.

P.O. BOX 11130 Reno, NV 89520-0027. (775) 784-7200 • FAX (775) 784-7225 www.washoecounty.us/health

Printed on Reqded Paper

### February 28, 2013
DBOH/Ozone I-SIP, Demonstration of Adequacy Page 2

If the I-SIP Demonstration of Adequacy is approved and adopted, it will be submitted to
EPA through the Nevada Division of Environmental Protection as a revision to the

Washoe County portion of the Nevada Ozone SIP. A notice of today's public hearing

was published in the Reno Gazette-Journal on January 23, February 14, and February
25, 2013. The I-SIP has been available for public inspection at the AQMD website and
office since January 23, 2013. No comments have been received as of February 15,

2013

Recommended Motion

Move to approve and adopt 'The Washoe County Portion of the Nevada State Implementation Plan for the 2008 Ozone NMQS: Demonstration of Adequacy." and

direct Staff to forward it to EPA as an amendment to the Washoe County portion of the

Nevada Ozone State Implementation Plan.

Alternatives

The District Board of Health may:

1. Elect not to adopt the revision to the I-SIP; or

2. Continue this public hearing and direct Staff to research some portion of the I-SIP

and report back to the Board at a future meeting.

Kevin Dick, Division Director

Air Quality Management Division

KDIDI: ma

# The Washoe County Portion of the

Nevada State Implementation Plan for the

2008 Ozone NAAQS : Demonstration of Adequacy

February 28, 2013

Washoe County Health District Air Quality Management Division

P.O. Box 11130 Reno, Nevada 89520-0027 (775) 784-7200

www. ourcleanair.com

### i 

## Acronyms and Abbreviations

AQS Air Quality System

CAA Clean Air Act

CFR Code of Federal Regulations

CO Carbon Monoxide

DMV Department of Motor Vehicles

EPA U.S. Environmental Protection Agency

FR Federal Register

HA Hydrographic Area

I- SIP Infrastructure State Implementation Plan NAAQS National Ambient Air Quality Standard

NDEP Nevada Division of Environmental Protection

NO 2 

### Nitrogen Dioxide

NRS Nevada Revised Statute

NSR New Source Review

O 3 

### Ozone

Pb Lead

PM 2.5 

### Particulate Matter less than or equal to a nomina l 2.5 microns in aerodynamic diameter

PM 10 

### Particulate Matter less than or equal to a nominal 10 microns in aerodynamic diameter

PSD Prevention of Significant Deterioration

SIP State Implementation Plan

SLAMS State and Local Air Monitoring Station

SO 2 

### Sulfur Dioxide

USC United States Code

WCDBOH Washoe County District Board of Health WCAQMD Washoe County Health District - Air Quality Management Division

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 1 

## Introduction and Background

This Demonstratio n of Adequacy addresses Washoe County’s portion of the State of Nevada’s I- SIP requirements for the 2008 Ozone (O 3 

### ) NAAQS. The authorities approved by the US EPA for the 1997 ozone NAAQS remain intact and provide adequate ability and authority to implement, maintain, and enforce the 2008 ozone NAAQS.

Section 110(a)(2) lists the required elements of the I

- SIP. These elements include: enforceable emission limitations, air quality modeling, enforcement programs, ambient air monitoring programs, and confirmation of adequate personnel, resources and legal authorities. The following elements are

addressed in the existing applicable SIP for the 1997 ozone NAAQS and meet the infrastructure requirements of the 2008 ozone NAAQs :

**•** Enforceable Emission Limitations and Othe r Control Measures (110(a)(2)(A))

**•** Air Quality Monitoring, Compilation, Data Analysis, and Reporting (110(a)(2)(B))

**•** Enforcement and Stationary Source Permitting (110(a)(2)(C))

**•** Interstate Transport (110(a)(2)(D))

**•** Resources, Conflict of Interest, and Emergency Backstop (110(a)(2)(E))

**•** Stationary Source Emissions Monitoring and Reporting (110(a)(2)(F))

**•** Emergency Powers and Contingency Plans (110(a)(2)(G))

**•** SIP Revision For Revised Air Quality Standards or New Attainment Methods (110(a)(2)(H))

**•** SIP Revisions for New Nonattainment Areas (110(a)(2)(I))

**•** Consultation and Public Notification (110(a)(2)(J))

**•** Air Quality Modeling and Reporting (110(a)(2)(K))

**•** Major Stationary Source Permitting Fees (110(a)(2)(L))

**•** Consultation with Local Entities (110(a)(2)(M))

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 2 Table 1 Existing SIP Elements Meeting Current CAA 110(a)(2) (A)

- (M) Requirements for the Washoe County Portion of the Nevada Infrastructure SIP for the

2008 Ozone N AAQS , Unless Otherwise Noted

Element (A) Enforceable e mission limits and other control measures : Requires SIPs to include enforceable emission limits and other control measures, means, or techniques, and schedules for compliance.

WCDBOH Regulations Governing Air Quality Management (Regulation) Section 020.005 (See 38 FR 12702) authorizes the Control Officer to enforce all SIP measures including the following previously submitted Sections: 030.000; 030.005; 030.010; 030.015; 030.025; 030.030; 030.110; 030.115(1), (5), and Subsection B; 030.1201;030.205; 030.215; 030.245; 030.250 (See 46 FR 21758); 030.300; 030.305; 030.310; 030.3101-3105; 030.3107; 030.3108 (See 46 FR 43141); 030.218, 030.230, and 030.970A (See 77 FR 60915); 040.070; 040.075; 040.080; 040.085; 040.090 (See 46 FR 21758); and 050.001 (See 72 FR 33397).

The following Sections have not been submitted as part of the SIP, but have been adopted by the WCDBOH and further support this element requirement (See Attachment B): 020.0051 (Board of Health - Powers and Duties); and 020.020 (Control Officer - Powers and Duties).

Element (B) Ambient air quality monitoring/data system : Requires SIPs to provide for establishment and operation of ambient air quality monitors, collection and analysis of ambient air quality data, and to make these data available to EPA upon request.

The WCAQMD operates an ambient air monitoring network in accordance with 40 CFR 58. The network is reviewed annually pursuant to 40 CFR 58.10 to ensure it meets ambient air monitoring objectives (See Attachment A).

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 3 Element (C) Program for enforcement of control measures : Requires SIPs to include a program providing for enforcement of all SIP measures and the regulation of construction of new and modified stationary sources as necessary to assure that the NAAQS are achieved, including a perm it program as required in Parts C

and D.

WCDBOH Regulation Section 020.005 (See 38 FR 12702) authorizes the Control Officer to enforce all SIP measures including the following previously submitted Sections: 030.000; 030.005; 030.010; 030.015; 030.025; 030.030; 030.110; 030.115(1), (5), and Subsection B; 030.1201;030.205; 030.215; 030.245; 030.250 (See 46 FR 21758); 030.300; 030.305; 030.310; 030.3101-3105; 030.3107; 030.3108 (See 46 FR 43141); 030.218, 030.230, and 030.970A (See 77 FR 60915); 040.070; 040.075; 040.080; 040.085; 040.090 (See 46 FR 21758); and 050.001 (See 72 FR 33397).

The following Sections have not been submitted as part of the SIP, but have been adopted by the WCDBOH and further support this element requirement (See Attachment B): 010.1303 (Regulated Air Pollutant); 020.0051 (Board of Health - Powers and Duties); 020.020 (Control Officer - Powers and Duties); 030.002 (Construction or Modification of Permitted Operations); 030.500 (New Source Review (NSR) Applicability);

030.50 2 (Review for Emission Limitation Compliance); 030.503 (Conditions for Approval); 030.504 (Emission Offset Ratios); 030.505 (Completeness of Application); 030.506 (Requirements for Public Notice); 030.507 (Comments); 030.508 (Final Action); and 030.905 (Sources Requiring Part 70 Permits).

On March 3, 2008, the WCAQMD received full delegation of the federal PSD program (See Washoe County 2006 PM 2.5 

### NAAQS I -SIP, Attachment C, submitted December 4, 2009) and is incorporated into Nevada’s SIP (40 CFR 52.1485).

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 4 Element (D) Interstate transport provisions : Requires SIPs to contain adequate provisions prohibiting emissions generated within the state from contributing significantly to nonattainment in, or interfering with maintenance by, any other state with respect to the NAAQS, or from interfering with measures required to be included in the SIP of any other state to prevent significant deterioration or to protect visibility.

Gina McCarthy, Assistant Administrator of the US EPA issued a memo on November 19, 2012 to EPA Air Division Directors, Regions 1-10, regarding states’ and US EPA’s obligations with respect to the requirements of (D)(i)(I). Ms. McCarthy notes:

“I would also like to note that the recent CSAPR decision made certain holdings regarding the requirement for states to submit SIPs addressing the provisions of Clean Air Act section 110(a)(2)(D)(i)(I), the good neighbor provision that addresses upwind emissions linked to NAAQS attainment problems in downwind states. The decision sta tes that a SIP cannot be deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies that obligation. Although we have filed a petition for rehearing of the Court’s decision, including this element of the decision, and although the mandate for that decision has not yet been issued, we intend to act in accordance with the decision during the pendency of the appeal. Therefore, at this time the EPA does not intend to make findings that states failed to submit SIPs to comply with section 110(a)(2)(D)(i)(I). To the extent that states may inquire about their obligations to submit SIPs addressing this provision, we believe it would be appropriate to convey that at this time we do not intend to make such findings with respect to

se ction 110(a)(2)(D)(i)(I).”

Because US EPA has not informed Nevada of its contribution to any ozone NAAQS attainment problem in downwind states, the NDEP concludes that it is not obligated to address this requirement

at this time.

Element (E) Adequate re sources : Requires SIPs to provide necessary assurances for adequate personnel, funding, and authority under state law to carry out its SIP, to contain requirements addressing potential conflicts of interest, and to provide necessary assurances that the sta te retains responsibility for ensuring adequate implementation of the SIP where the state relies on a local or regional government for implementation of any SIP provision.

NRS 445B.500 authorizes the WCDBOH to implement and administer air quality management programs within the geographic boundaries of Washoe County. These programs are managed through the WCAQMD. For the most recent fiscal year (2011 -12), the WCAQMD consist ed of 19 allocated

full

- time staff. Primary funding sources are: 1) Operating permit fees; 2) EPA grants; 3) Nevada DMV funds; and 4) the City of Reno, City of Sparks, and County of Washoe via an inter- local agreement with the Washoe County Health Distric t (See Washoe County 2006 PM 2.5 

### NAAQS I

- SIP, Attachment D, submitted December 4, 2009).

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 5 Element (F) Stationary source monitoring system : Requires SIPs to establish a system to monitor emissions from stationary sources, to submit periodic emissions reports, to correlate the emissions reports with the corresponding SIP emission limits and standards, and to make emissions reports available to the public.

WCDBOH Regulation Section 020.005 (See 38 FR 12702) authorizes the Control Officer to enforce

all SIP measures including the following previously submitted Sections related to authority for stationary source monitoring and reporting: 030.210; 030.250 (See 46 FR 21758); and 030.218, 030.230 ; 030.235, and 030.970A (See 77 FR 60915).

The following Sections have not been submitted as part of the SIP, but have been adopted by the WCDBOH and further support this element requirement (See Attachment B): 020.0051 (Board of Health - Powers and Duties); and 020.060 (Sampling and Testing).

Element (G) Emergency episodes : Requires SIPs to provide for authority to address activities causing imminent and substantial endangerment to public health and to provide for adequate contingency plans to implement such authority.

Emergency powers are authorized under WCDBOH Regulation 050.001 (Emergency Episode Plan) (See 72 FR 33397 ). In addition, general emergency powers are provided in Nevada’s SIP in NRS

445B.560.

Element (H) Future SIP revisions : Requires SIPs to provide for SIP revisions in response to changes in the NAAQS, or availability of improved methods for attaining the NAAQS, and in response to an EPA finding that the SIP is substantially inadequate.

WCDBOH Regulation Section 020.005 (See 38 FR 12702) authorizes the Control Officer to enforce Section 020.0051 (Board of Health - Powers and Duties) which provides the WCDBOH the authority to revise a SIP “to achieve and maintain levels of air quality to protect human health”.

Element (I) SIP revisions for new non

- attainment areas :Requires SIP revisions to meet the applicable Part D requirements relating to nonattainment areas.

The WCAQMD commits to submit SIP revisions whenever the county, or portions of the county, are newly designated non- attainment for a ny federal NAAQS.

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 6

Element (J) [§121] Consultation with government officials, public notification, PSD and visibility protection : Requires states to provide a process for consultation with local governments and Federal Land Managers carrying out NAAQS implementation requirements; . . .

All SIP elements are adopted by the WCDBOH before being formally submitted as the Washoe County portion of the Nevada SIP. Participation by local political subdivisions is authorized by WCDBOH Regulation Section 020.005 (See 38 FR 12702) and an inter- local agreement between the City of Reno, City of Sparks, and the County of Washoe, Nevada (See Was hoe County 2006 PM 2.5 

### NAAQS I -SIP, Attachment D, submitted December 4, 2009). This inter

- local agreement requires that the WCDBOH include one elected official from each of the three political subdivisions in Washoe County. The WCAQMD is committed to include all stakeholders, such as local governments and federal land managers, in the SIP development process.

Element (J) [§127] . . . requires SIPs to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances; and . . .

WCDBOH Regulation Section 050.001 (See 72 FR 33397) authorizes the WCAQMD to advise the public on measures that are taken to reduce their exposure during elevated air pollutant

concentrations. N ear

- time ambient air monitoring data are posted on the WCAQMD website (www.washoecounty.us/health/aqm/home.html ). A Trends report, which summarizes monitored ambient air quality in Washoe County, is prepared annually and also posted on the WCAQMD

website

. Element (J)
[P art C PSD / Visibility] . . . requires SIPs to meet applicable requirements of Part C related to prevention of significant deterioration and visibility protection.

On July 31, 2007, EPA’s approval of Nevada’s interstate transport SIP (CAA 110(a)(2)(D)(i )) for the

8-hour O 3 

### and PM 2.5 

### NAAQS promulgated in July 1997 was published in the Federal Register (See 72 FR 41629). Also, Article 13 of Nevada’s SIP, “General Provisions for the Review of New Sources,” requires an environmental evaluation before a regi stration certificate may be issued. Finally, on March 3, 2008, the WCAQMD received full delegation of the federal PSD program (See Washoe County 2006 PM 2.5 

### NAAQS I -SIP, Attachment C, submitted December 4, 2009) and is incorporated into Nevada’s SIP (40 CFR 52.1485).

Element (K) Air quality modeling/data : Requires SIPs to provide for the performance of air quality modeling for predicting effects on air quality of emissions of any NAAQS pollutant and the submission of such data to EPA upon request.

WCDBOH Regulation Section 030.235 (Requirements for Source Sampling and Testing) (See 77 FR

60915 ) authorizes the Control Officer to require operators provide source stack testing or other types of testing to determine the quantity and effect of emissions produced by a stationary source.

In addition, the following Section has not been submitted as part of the SIP, but have been adopted by the WCDBOH and further support this element requirement (See Attachment B): 030.503 (Conditions for Approval).

### Washoe County Health District - AQMD February 28, 2013 Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 7 Ele ment (L) Permitting fees :
R equires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviewing, acting upon, implementing and enforcing a permit until such fee requirement is superseded by EPA approval of a fee program under Title V of the

CAA.

Permitting fees are authorized under WCDBOH Regulation Sections 030.210 (See 46 FR 21758) and 030.310 (See 46 FR 43141).

Element (M) Consultation/participation by affected local entities : Requires SIPs to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP.

All SIP elements are adopted in a public hearing by the WCDBOH before being formally submitted as the Washoe County portion of the Nevada SIP. Partic ipation by local political subdivisions is authorized by WCDBOH Regulation Section 020.005 (See 38 FR 12702) and an inter- local agreement between the City of Reno, City of Sparks, and the County of Washoe, Nevada (See Washoe County

2006 PM 2.5 

### NAAQS I

- SIP, Attachment D, submitted December 4, 2009). This inter

- local agreement requires that the WCDBOH include one elected official from each of the three political subdivisions in Washoe County.

### Attachment A

Letter from Matthew Lakin (EPA Region IX) to Kevin Dick (WC HD

- AQMD) Regarding the “2011 Annual Monitoring Network Plan” (November 1, 2011)UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX

Mr. Kevin Dick, Director

Air Quality Management Division

Washoe County Health District

1001 East Ninth Street, Suite A115

P.O. Box 11130
Reno, NV 89520-0027

Dear Mr. Dick: 75 Hawthorne Street
San Francisco, CA 94105 

## NOV 0 1 

## 2011

Thank you for your timely submittal of the 2011 Annual Monitoring Network Plan for the Washoe County Health District Air Quality Management Division (AQMD). EPA has reviewed the submitted

document and found that it is complete, informative, very detailed and meets the requirements set forth

under 40 CPR Part 58.10. We also appreciate your addressing in full our comments to last year's 2010

Network Plan. This letter serves as an official approval of the annual network plan and all of the proposed modifications except the Sparks site special purpose monitoring proposed for non-submission

into the AQS. This issue, along with special purpose monitoring at the Ren03 is further discussed in our
enclosed comments. AQMD should continue to work with EPA Region 9 staff to obtain the proper documentation and approvals necessary to establish proper special purpose monitoring at the Sparks and

Ren03 sites.

If you have any questions regarding this letter or the enclosed comments, please feel free to contact me

at (415) 972-385101' Elfego Felix at (415) 947-4141.

Enclosure Sincerely,

Matthew Lakin, Manager

Air Quality Analysis Office

Air Division

cc: Craig Petersen, Senior Air Quality Specialist, AQMD

Julie Hunter, Air Quality Specialist, AQMDComments on 2011 Network Plan for Washoe County AQMD

Please update next year's netlVork plan to reflect the following comments:



### 1. 40 CPR 58.20(b) requires any SPM data collected using an FRM, FEM, or ARM must meet the requirements of §58.11, §58.12, and appendix A or an approved alternative. Furthermore, SPM data

collected using an PRM, FEM, or ARM that meets appendix A must also repOtt to AQS. Pertaining

to this, EPA noted that the following corrections will need to be made for the AQMD network:

o For the new FEM particulate instruments that are planned for installation at the Sparks site (pp.8), AQMD will either need to meet the requirements of §58.11, §58.12, appendix A and

submit data into AQS, or submit an alternative plan for EPA approval that may allow for

non-submittal into AQS.

o It was noted that AQMD also operates PM continuous FEM instruments as SPMs at the

Ren03 site and is not currently submitting this data into AQS (pp.3). These Ren03 monitors

will also either need to meet the requirements of §58.11, §58.12, appendix A and submit data

into AQS, or submit an alternative plan for EPA approval that may allow for non-submittal intoAQS.

.

AQMD should continue to work closely with EPA Regional staff to ensure the appropriate

documentation and approvals are in place that allow for particulate monitoring at the Sparks and

Ren03 sites using FEM instrumentation that does not report to AQS.

2. The cover letter of AQMD's network plan says that no comments were received during the public inspection period of the plan. Page 1 of the Network Plan however contains the following language:

"Public comments received during the public inspection period were submitted along with this plan

to EPA Region IX." These two statements disagree. EPA requests that this information be clarified

in next year's plan and that a consistent message is delivered in the plan as well as the cover letter.

### Attachment B

Washoe County District Board of Health Regulations Governing Air Quality Management Not Included in the Washoe County Portion of the Nevada Ozone Infrastructure SIP But Further Support CAA 110(a)(2)(A)- (M) Requirements010.1303 "REG ULATED AIR POLLUTANT" shall mean the following:

1. Nitrogen oxides or any volatile organic compounds;

2. Any pollutant for which a national ambient air quality standard has been promulgated.

3. Any pollutant that is subject to any standard promulgated under section 111 of the Act.

4. Any class I or II substance subject to a standard promulgated under or established by title

VI of the Act.

5. Any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the Act, including the following:

a. Any pollutant subject to requirements under section 112(j) of the Act. If the administrator fails to promulgate a standard pursuant to section 112(e) of the Act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and

b. Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to section 112(g)(2) requirement. (Adopted 10/20/93)

020.0051 BOARD OF HEALTH
- POWERS AND DUTIES

Pursuant to the powers and responsibilities that have inured to the benefit of the Board of Health,

said Board shall, without excluding any other powers, responsibilities, and authority conferred on said Board in the Nevada Revised Statutes, have the following powers and/or responsibilities:

A. To adopt and enforce rules and regulations to reduce the release into the atmosphere of any air contaminants originating within the territorial limits of the Washoe County Health District in order to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, aesthetic and historic value within said Health District.

B. To establish ambient air quality standards in accordance with law.

C. To make such determinations and issue such orders as may be necessary to implement the provisions of these regulations and to achieve air quality standards in accordance with

law.

D. To institute proceedings to prevent continued violation of any order issued by the Board of Health, Hearing Board, or Control Officer, and to enforce these regulations.

E. To require access to records relating to emissions which cause or contribute to air pollution.

F. To apply or and receive grants or other funds or gifts from public or private agencies.

G. T o cooperate and contract with other governmental agencies including the State of Nevada, other states, and the federal government.H. To conduct investigations, research and technical studies consistent with the general purposes of the Nevada Revised St atutes.

I. To establish such emission control requirements, as may be necessary to prevent, abate, or control air pollution.

J. To require the registration of air pollution sources together with a description of the processes employed, fuels used, nature of emissions and other information considered necessary to evaluate the pollution potential of a source.

K. To prohibit, regulate or control, as specifically provided in Section 030.000 through

030.260 , the installation, alteration or establishment of any source capable of causing air pollution.

L. To issue or deny all requests or applications for a variance or waiver from any of the requirements of these regulations after due consideration of the recommendations of the Hearing Board and Contr ol Officer.

M. To require the submission of preliminary plans and specifications and other information as the Board deems necessary to process permits required by these regulations.

N. To enter into and inspect, at any reasonable time, any premises c ontaining an air contaminant source or a source under construction for purposes of ascertaining the state of compliance with these regulations.

O. To hold any hearing as authorized in Chapter 445 of the Nevada Revised Statutes.

P. To review recommendations of the Hearing Board and to take such additional evidence as the Board of Health deems necessary or to remand to the Hearing Board for such evidence as the Board of Health may direct on any matters arising under these regulations.

Q. To require elimination of devices or practices which cannot be reasonably allowed without generation of undue amounts of contaminants.

R. To specify the manner in which incinerators may be constructed and operated.

S. To delegate all above powers, except Subsect ions A, B, F, O, and P , to the Control Officer or his representatives as may be necessary to implement these regulations.

T. To appoint by resolution, or other appropriate action of the Board of Health, a Hearing Board consisting of seven (7) members who are not employees of the State of Nevada or any political subdivision of the State of Nevada, or which one (1) member must be an attorney admitted to practice law in the State of Nevada, or which one (1) member must be a professional engineer registered in the State of Nevada and one (1) member shall be licensed in Nevada as a general engineering contractor or a general building contractor as defined by NRS 624.215. All members of said Hearing Board shall be appointed to the terms as specified in NRS 4 45.481.

U. To institute, in any court of competent jurisdiction, legal proceedings to compel compliancewith these regulations and the Nevada Revised Statutes pertaining to the emission of air contaminants into the atmosphere within the territorial limits of the Washoe County Health

District.

020.020 CONTROL OFFICER
- POWER AND DUTIES

The Control Officer, or his designated agent or representative, shall enforce the provisions of these regulations in his name, or in the name of the Board of Health, in any one or combination of the following ways:

A. By issuing a written notice of violation, delivered personally or by registered or certified mail, to any person if reasonable cause exists to believe said person is violating these regulations.

B. By iss uing a warning to any person suspected of violating these regulations and by giving said person an opportunity to correct the cause of said violation prior to issuing a notice of violation or citation and referring the matter to the Board of Health or proper prosecuting authority in the Washoe County Health District;

C. By requesting the District Attorney of the County of Washoe, or other proper agency, person or prosecuting authority in the Washoe County Health District, to institute appropriate criminal, civil or administrative proceedings against the person or persons responsible for violation of any of these regulations.

D. By requesting the Board of Health to levy an appropriate administrative fine against any person found to have violated any of these regulations.

E. By reviewing each variance to ascertain if the variance holder is meeting all provisions of the variance or dates set forth in the compliance schedule; if they are not met, the Control Officer may notify the variance holder personally or by registered or certified mail to this effect and may suspend or revoke any variances or reject any schedule of compliance

involved with said infractions.

F. By requesting the Board of Health to institute all necessary and proper legal proceedings authorized by law to carry out the purposes of these regulations and purposes of Chapter 445 of the Nevada Revised Statutes, including injunctive relief.

020.060 SAMPLING AND TESTING

In addition to any other testing requirements provided for in these regulations, the Control Officer or the Board of Health may require any person to conduct or make arrangements to conduct testing of any source to determine compliance with these regulations. In the event such testing is required, the Control Officer may do any of the following:

A. Witness all tests as required by this Section.

B. Determine whether or not generally recognized methods of measurement have been used to determine the quantity of emissions from the source being tested and if not a dditional testing may be required.C. Determine the point or points at or within the source where testing shall be done, to determine the actual discharge into the atmosphere.

D. Make any modifications or adjustments in the testing requirements so as to be compatible with specific sampling conditions or needs as shown by good practice, judgement and experience.

E. Require the cost of any testing to be paid by the owner or person responsible for any

source of air contaminants.

F. Require additional tests of any source of air contaminants tested in accordance with this Section, provided such separate or additional tests shall be conducted on behalf of the Board of Health and at said Board's expense.

G. Require in writing the construction or creation of sampling holes, safe scaffolding and related facilities, to be provided at the expense of the owner or person responsible for any source of air contaminants being tested in accordance with this section.

H. Require the owner or person responsible for any source of any air contaminants being tested pursuant to this section to provide a suitable power source to the point of testing, so that sampling instruments can be operated as required.

I. All information gathered during any testing operation conducted pursuant to this Section will be provided to both the Control Officer or the Board of Health and the person or persons who own or control or are responsible for any source of air contaminants that are tested pursuant to this Section. All such information obtained pursuant to any testing required under this Section will be treated as confidential in accordance with the requirements of Section 020.055 of these regulations.

030.002 CONSTRUCTION OR MODIFICATION OF PERMITTED OPERATIONS (Amended 4/89, 10/20/93)

A written Authority to Construct shall be required to construct, erect, alter or replace any equipment which may cause, potentially cause, reduce, control or eliminate the issuance of air contaminants. A single Authority to Construct may be issued for all components of an integrated system or process. Plans and specifications drawn in accordance with acceptable engineering practices shall be required before issuance of an Authority to Construct. The applicant for any Authority to

Construct must notify the Control Officer in the application of any source which is or will become subject to 40 CFR Part 70 upon completion of the proposed construction. An Authority to Construct is not needed for routine operation and maintenance. This includes maint enance prescribed by the manufacturer, replacement of worn or broken components with like equipment,

etc.

030.500 NEW SOURCE REVIEW (NSR) APPLICABILITY

A major new source or major modification which would locate in an area designated as nonattainment for a pollutant for which the source or modification would be major shall not be allowed to construct unless the stringent conditions set forth below are met. These conditions are designed to insure that the new source's or modification's emission will be controlled to the greatest degree possible, that more than equivalent offsetting emission reductions ("emission offsets") will be progress toward achievement of the national ambient air quality standards. Forthe purposes of this part, a reconstructed source shall be treated as a new stationary source. Since major facility definition and requirements vary upon State and EPA area designations, a

map (Figure 1) is included to facilitate the determination of which requirements must be met.

030.502 REVIEW FO R EMISSION LIMITATION COMPLIANCE

Authority to construct any new source or modification shall be denied unless the new source or modification meets all applicable emission requirements in the Nevada State Implementation Plan (SIP), all applicable Federal New Source Performance Standards, a nd all applicable

National Emission Standards For Hazardous Air Pollutants.

030.503 CONDITIONS FOR APPROVAL (Amended 7/28/93, Revised 10/25/95)

If a major stationary source or major modification would be constructed in an area designated as

nonattainme nt for a pollutant for which the stationary source or modification is major, an Authority to Construct shall be denied unless the following conditions are met:

Condition 1 The new source or modification is required to meet an emission

limitation which s pecifies lowest achievable emission rate for such

source.

Condition 2 The applicant must certify that all existing major sources owned or operated by the applicant for any entity controlling, controlled by, or under common control of the applicant in the State of Nevada are in compliance with all applicable emission limitations and standards under the Clean Air Act (or are in compliance with an expeditious schedule which is federally enforceable or contained in a court decree).

Condition 3 Emission re ductions ("offsets") from existing sources in the same nonattainment area as the proposed new source or modification (whether or not under the same ownership) are required such that they

shall not interfere with or contribute to the interference with the

a ttainment of the applicable National Ambient Air Quality Standards. Only intrapollutant emission offsets will be acceptable (e.g. hydrocarbon increases may not be offset against SO 2 reductions). All emission reductions for the purpose of offsets shall be enforceable under the

Clean Air Act.

The terms of the offset emission reductions shall be specified and federally enforceable prior to permit issuance.

All offset emissions reductions shall be, by the time a new or modified source commences operatio n, in effect and enforceable and shall assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction.

All offset emissions reductions must be obtained from decr eases in actual emissions from the same or other sources in the area. No emissions reductions otherwise required by the Clean Air Act or other regulatory action my be credited for the purpose of meeting offset requirements.Condition 4 The emission offsets will provide a positive net air quality benefit in the affected area. Atmospheric simulation modeling is not necessary for volatile organic compounds and NOX. Fulfillment of Condition 3 and

Section 030.504 of these regulations will be considered adequate to

meet this condition.

Condition 5 The applicant must perform an analysis of at least two (2) alternative sites for the facility, production processes, and environmental control techniques. This analysis must demonstrate that the benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction or modification.

Condition 6 The Control Officer shall also require the review of any Major Stationary Source or Major Modification subject to New Source Review under this section that may have an impact on visibility in any mandatory Class I Federal area. Such visibility review will ensure the source's emissions

will be consistent with making reasonable progress toward State and National visibility goals.

Condition 7 The Administrator has not made a determination that the applicable implementation plan is not being adequately implemented for the attainment area in which the proposed source is to be constructed or

modified.

Condition 8 The proposed major source or major modification shall not contribute to nonattainment in, or interfere with maintenance by, any other State with respect to any national ambient air quality standard, or interfere with measures required to be included in the applicable implementation plan for any other State with respect to prevention of significant deterioration of air quality or to protect visibility.

All emission limitations shall be assessed in ligh t of the limits of "good engineering practice" on stack heights as specified in Section 030.614

.

Any major stationary source or major modification commencing construction without an Authority to Construct shall be subject to an enforcement action. Obtaining an Authority To Construct does not relieve the owner from complying with any applicable local, state or federal regulation.

At such time that a particular source or modification becomes a major stationary source or major modification solely by virtu e of a relaxation in any enforcement limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of regulations appro ved pursuant to this section shall apply to the source or modification as though construction had not yet commenced on the source or modification. All permits issued by the Control officer shall comply with all applicable terms of the State Implementation Plan for the non

- attainment area in

which the source is to be constructed.

030.504 EMISSION OFFSET RATIOS (Amended 7/28/93)

Emission reductions required under Section 030.503 shall be offset at a ratio of 1.2 to 1 when the offset sources are five (5) miles or less from the new source or modification. For offsetsources that are greater than five (5) miles from the new source or modification, the applicant shall determine an offset ratio based on atmospheric simulation modeling or an equivalent method to ensure a positive net air quality benefit. In no case shall the offset ratio for source located greater than five miles from the proposed project be less than 1.2 to 1. Non -r eactive organic compounds (those which are listed in 40 CFR 51.100(s)) cannot be used for offsets.

030.505 COMPLETENESS OF APPLICATION

Following submittal by the applicant, the Control Officer shall determine whether the application for permit to constr uct is complete not later than thirty (30) calendar days after receipt of the application, or after such longer time as both the applicant and the Control Officer may agree. Such determination shall be transmitted in writing immediately to the applicant at the address indicated on the application if it is determined to be incomplete, the determination shall specify which parts of the application are incomplete and how they can be made complete. Upon receipt by the Control Officer of any re

- submittal of the application, a new thirty (30) day period in which the Control Officer must determine completeness shall begin. Completeness of an application or resubmitted application shall be evaluated on the basis of the guideline for such, published by the

Control Officer. After acceptance of an application as complete, the Control Officer shall not subsequently request of an applicant any new or additional information which was not specified in the Control Officer's list of items to be included within such applications. However, the Control Officer may, during the processing of the application, request an applicant to clarify, amplify, correct or otherwise supplement the information required in such list in effect at the time the complete application was received. Making any such request does not waive, extend, or delay the time limits in this section for decision on the completed application, except as the applicant and Control Officer may both agree.

030.506 REQUIREMENTS FOR PUBLIC NOTICE (Amended 7/28/93, Re vised 10/25/95)

For those sources subject to Section 030.500, following acceptance of an application as complete, the Control Officer shall:

A. Perform the evaluations required to determine compliance with this section and make a preliminary written de cision as to whether an Authority to Construct should be approved, conditionally approved, or disapproved. The decision shall be supported by a succinct written analysis;

B. Within ten (10) calendar days following such decision, publish a notice by prom inent advertisement in at least one (1) newspaper of general circulation in the County, stating the preliminary decision of the Control Officer and where the public may inspect the information required to be made available. The notice shall provide thirty (30) days from the date of publication for the publication for the public to submit written comments on the preliminary decision;

C. At the time notice of the preliminary decision is published, make available for public inspection at the District office the information submitted by the applicant, the supporting analysis for the preliminary decision to grant or deny the Authority to Construct, including any proposed permit conditions, and the reasons therefore. The confidentiality of trade

secrets shall be considered in accordance with Section 020.055 of these regulations;

D. No later than the date of publication of the notice, a copy of said notice and any appropriate data is to be sent to the Nevada Department of Conservation and NaturalResources Div ision of Environmental Protection, the regional planning authority of Washoe County, local government offices, any Indian governing body whose lands may be affected by facility emissions, any Federal Land Manager whose lands may be affected (including visi bility effects) and the Regional Office of the U.S. Environmental Protection Agency; and

E. Applicant to bear cost of all public notices under this section and Section 030.508

.

F. The Control Officer shall contact any Federal Land Manager whose lands may be affected for comments on the proposed project within 30 days after the application has been deemed complete. This shall be for the purpose of obtaining comments on the proposed scope of review for affected lands and species.

030.507 COMMENTS

The Control Officer shall consider all written comments submitted during the thirty (30) day public comment period.

030.508 FINAL ACTION (Amended 7/28/93)

Within 180 days after acceptance of the application as complete and the completion of all required preconstruction monitoring and public notice periods (including those required under the District's Part 70 Permit regulations), the Control Officer shall take final action on the application after considering all written comments. The Control Officer shall provide written notice of the final action to the applicant, the U.S. Environmental Protection Agency, other Affected States and the Nevada Department of Conservation and Natural Resources and shall publish such notice in a newspaper of general circulation. The notice and all supporting documents shall be made available for public inspection during normal business hours.

030.905 SOURCES REQUIRING PART 70 PERMITS (Adopted 10/20/93, Revised 10/25/95)

A. Sources Required to Obtain a Part 70 Permit

The following sources and source categories shall be subject to Part 70 permitting:

1. Any Major Stationary Source;

2. Any source, including area sources, subject to a standard, limitation or other requirement under section 111 (New Source Performance Standards) of the Act;

3. Any source, including an area source, subject to a standard or other requirement under section 112 (Hazardous Air Pollutants) of the Act. However, a source which is subject to regulations or requirements only under section 112 (r) of the Act shall not be required to obtain a permit;

4. Any source that includes one or more units subject to Title IV (Acid Rain) of the
Act;

5. Any source in a source category designated by the EPA Administrator pursuant to
40 CFR Part 70.B. Exemptions

The following sources and source categories shall be exempted from Part 70 permit requirements:

1. Any source subject to this regulation solely because it is subject to 40 CFR Part 60, subpart AAA, Standards of Performance for New Residential Wood Heaters.

2. Any source subject to this regulation solely because it is subject to 40 CFR Part 61, subpart M, National Emission Standards for Hazardous Air Pollutants for Asbestos, Standards for Demolition and Renovation.

3. Insignificant Emission Levels

Sources with the potential to emit less than an annual average of two (2) pounds per day of any criteria pollutant or less than one (1) pound per day of any hazardous air pollutant on a facility wide basis are exempted from all part 70 permitting requirements. Such sources may still be required by the Control Officer

to obtain a non

- Part 70 operating permit under District regulations. No source which is itself subject to an applicable requirement may qualify as an insignificant

s

ource.

4. All Dry Cleaning operations with the potential to emit less than ten (10) tons per year of any criteria or hazardous air pollutant shall be exempted for a period of five (5) years from the initial EPA Part 70 program approval date unless required to obtain a permit under Section 030.905(A) (5)

.

5. All sources which would be subject to Part 70 permits under Section 030.905 (A) which are not major sources, affected sources or solid waste incineration units subject to permitting under section 129(e) of the act, are exempt from requirements to obtain a Part 70 permit for a period of 5 years from the date of EPA approval of the Washoe County Part 70 permit program.

6. Sources may seek exempt status by limiting facility emissions to levels below those defined for a major source as provided in Section 010.090, part D (prohibitory status) and part E (Synthetic Minor sources)

.

C. Sources Which Must be Permitted by the State of Nevada

Any facility whose principal business is to generate electricity using steam derived from the burning of fossil fuels must obtain any necessary Part 70 permit(s) from the State of

Nevada.