Department of Air Quality and Environmental Management 500 Grand Central Parkway, 1 st Floor Las Vegas, Nevada 89155



# CLARK COUNTY

AIR QUALITY REGULATIONS

Amended February 10, 2012CC Air Quality Regulations WHEREAS, it is recognized that there has been a growth in the amount of complexity of air pollution in Clark County, Nevada, brought ab out by, and incident to, the population growth of a nd industrial development in the said County, which conditions are likely to be aggravated and co mpounded by ad ditional population gr owth and industrial development in the future, all re sulting in seriou s potential danger to the public health and welfare of the residents of said County, and substantial inju ry to or interference with the reasonable use and enjoyment of property and th e conduct of busine ss therein, as well as injury to agricultural crop s and livestock, and hazards to air and ground transportation; and

WHEREAS, it is the responsibility of th e Clark County Board of County Commissioners to promot e and protect the health and welf are of the inhabitants of this County, which necessitates the c ontrol and regulation of activi ties affecting the quality of the air therein; and

WHEREAS, it is the public po licy of Clark County an d the purpose of these Regulations to achieve and main tain levels of air quality wh ich will protect human health and safety, prevent injury to plant and ani mal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of Clark County; and

WHEREAS, it is the intent of these Regulations to:

(a) Require the use of reasonably av ailable methods to prevent, reduce or control air pollution throughout Clark County;

(b) Maintain cooperative programs;

(c) Facilitate cooperati on across jurisdictional lines in dealing with problems of air pollution not confin ed within a single jurisdiction; and

WHEREAS, the quality of air is dec lared to be affect ed with the public interest and these Regulations are enacted in the exercise of the police power of this county and the municipal entities comprising Cl ark County to protect the health, peace, safety and general welfare of its people as required by State law; and

WHEREAS, Clark County Board of County Commissioners has initiated and conducted an air pollution cont rol program, including a comprehensive air monitoring program for the purpose of determining air quality stan dards and source emission standards; and

WHEREAS, the need for control of air contam inants, and the emi ssion thereof at their source, was first determin ed by an air pollution survey of Clark Co unty conducted in 1962 and 1963, the findings of which surv ey and the problems id entified therein having been confirmed by subsequent measurements an d experience gained in the conduct of an air pollution control program established pursuant to authority vested in the Clark County Department of Air Quality an d Environmental Management; andCC Air Quality Regulations WHEREAS, the Clark County Board of Count y Commissioners has taken into consideration all of the fact s and circumstances bearing up on the reasonableness of the emission of air contaminants in t he area including bu t not limited to:

(a) The character and degree of injury to or interference with health and property or the re asonable use and enjoyment of property or conduct of business;

(b) The social and economic value of the source of air contaminants;

(c) The technical practicability and economic reasonableness of reducing or eliminating the emission of air contaminants from such

source;

(d) The location involv ed, the density of population, the atmospheric condition, and the relationship of the emissions to the general air pollution conditio n of the area;

(e) The cost and effect iveness of control equipment available; and

(f) Efforts previously made and the equipment previously installed to control or decrease such emissions; and

WHEREAS, recent developments in State and Federal law, as well as developing air pollution control technolog y, and the need for more prec ise and equitable standards and procedures, require th e updating and amendment of the current Air Quality Regulations of the Clark County Board of County Commissioners;

NOW, THEREFORE, the Clark County Board of County Commi ssioners, in accordance with the authority vested in it by Chapter 445 of Nevada Revised Statutes, does hereby adopt, promulgate and order co mpliance therewith within Clark County, Nevada, the following amended Regulations, to be known as "Air Quality Regulations."Amended February 10, 2012 CC Air Quality Regulations i Section TABLE OF CONTENTS Pages

0 Definitions 1 – 21

2 Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations in th e State Implementation Plan 1 – 6

4 Control Officer 1 – 4

5 Interference with Control Officer 1 – 1

6 Injunctive Relief 1 – 1

7 Hearing Board and Hearing Officer 1 – 7

8 Persons Liable for Penalties – Punishment: Defense 1 – 1

9 Civil Penalties 1 – 2

10 Compliance Schedules 1 – 1

11 Ambient Air Quality Standards Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

12 Preconstruction Review for New or Modified Stationary Sources Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

12.0 Applicability, General Requirem ents and Transition Procedures 1 – 3

12.1 Permit Requirements For Minor Sources 1 - 25

12.2 Permit Requirements For Major Sources In Attainment Areas (Prevention Of Significant Deterioration) 1 – 65

12.3 Permit Requirements For Major Sources In Nonattainment Areas 1 – 44

12.4 Authority To Construct Application And Permit Requirements For Part 70 Sources 1 – 13

12.5 Part 70 Operating Permit Requirements 1 – 38

12.6 Confidentiality 1 – 2

12.7 Emission Reduction Credits 1 – 11

12.9 Annual Emissions Inventory Requirement 1 – 2

12.10 Continuous Monitoring Requirem ents for Stationary Sources 1 – 8

12.11 General Permits for Minor Stationary Sources 1 – 6Amended February 10, 2012 CC Air Quality Regulations ii Section TABLE OF CONTENTS Pages

12.12 Transfer of Permit 1 - 2

12.13 Posting of Permit 1

13 National Emission Standards for Hazardous Air Pollutants 1 – 11

14 New Source Performance Standards 1 – 8

16 Operating Permits Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

18 Permit and Technical Service Fees 1 – 13

19 Part 70 Operating Permits Attachment A Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

20 Emission Standards for Hazardous Air Pollutants for Source Categories Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

21 Acid Rain Permits 1 –2

22 Acid Rain Continuous Emission Monitoring 1 –2

24 Sampling and Testing – Records and Reports Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

25 Affirmative Defense for Excess Emissions Due to Malfunctions, Startup, and Shutdown 1 – 4

26 Emission of Visible Air Contaminants 1 - 1

27 Particulate Matter from Process Weight Rate 1 – 2

28 Fuel Burning Equipment 1 – 2

29 Sulfur Contents of Fuel Oil Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

30 Incinerators Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

32 Reduction of Animal Matter 1 – 1

33 Chlorine in Chemical Processes 1 – 4Amended February 10, 2012 CC Air Quality Regulations iii Section TABLE OF CONTENTS Pages

34 Performance Standards for Metallic and/or Nonmetallic Mineral Mining and Processing Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

35 Diesel Engine Powered Electrical Generating Equipment Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

40 Prohibitions of Nuisance Conditions 1 – 1

41 Fugitive Dust 1 –3

42 Open Burning 1 – 2

43 Odors in the Ambient Air 1 – 1

44 Prohibitions on Planting, Selling, or Offering to Sell Fruitless Mulberry and European Olive Trees 1 – 2

45 Idling of Diesel Powered Motor Vehicles 1 – 1

49 Compliance Requirements for Boilers and Steam Generators Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

50 Storage of Petroleum Products 1 – 2

51 Petroleum Product Loading into Tanks, Trucks And Trailers 1 –2

52 Gasoline Dispensing Facilities Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

53 Oxygenated Gasoline Program 1 – 3

54 Cleaner Burning Gasoline (CBG): Wintertime Program Suspended by the Board of County Commissioners, Effective 09/29/09 n/a

55 Preconstruction Review for New or Modified Stationary Sources in the 8-Hour Ozone Nonattainment Area Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

58 Emission Reduction Credits Repealed by the Board of County Commissioners, Effective 07/01/10 n/a

59 Emission Offsets Repealed by the Board of County Commissioners, Effective 07/01/10 n/aAmended February 10, 2012 CC Air Quality Regulations iv Section TABLE OF CONTENTS Pages

60 Evaporation and Leakage Repealed by the Board of County Commissioners, Effective 04/19/11 n/a

70 Emergency Procedures 1 – 2

80 Circumvention 1 – 1

81 Provisions of Regulations Severable 1 – 1

90 Fugitive Dust From Open Areas and Vacant Lots 1 – 9

91 Fugitive Dust From Unpaved Roads, Unpaved Alleys, and Unpaved Easement Roads 1 – 9

92 Fugitive Dust From Unpaved Pa rking Lots and Storage Areas 1 – 9

93 Fugitive Dust From Paved Roads an d Street Sweeping Equipment 1 – 10

94 Permitting and Dust Control for Construction Activities 1 – 19Amended 11-16-10 CC Air Quality Regulations 0-1 SECTION 0: DEFINITIONS

In these Air Quality Regulatio ns (AQRs), incorporated into the Clark County Code at Section 9.08.130, un less the context ot herwise requires:

"Act" means the Clean Air Act (CAA) , as amended, 42 U.S.C. 7401, et seq.

"Actual Emissions" means the actual rate of emissions of a regulated air pollutant from an emissions unit, as determined in accordance with this definition:

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the regulated air pollutant during a consecutive 24-month period which precedes the particular date and which is repres entative of normal source operation. The Control Officer shall allow the us e of a different time period upon a determination that it is more repres entative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of material s processed, stored, or combusted during the selected time period.

(b) If there is inadequate information to det ermine actual historical emissions, the Control Officer may presume that source-specific al lowable emissions for the unit are equivalent to t he actual emissions of the unit.

(c) For any emissions unit that ha s not begun normal operations on the particular date, actual emissions shall e qual the potential to emit of the unit on that date.

"Administrator" means the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.

"Affected Source" means a source that includes one or more a ffected units that are subject to the acid rain requirement s under Title IV of the Act or subject to a standard or other requirement under Sections 112( d), (f) or (h) of the Act.

"Affected State(s)" means all States whose ai r quality may be affect ed that are located contiguous to or within fifty (50) miles of Clark County, Nevada , including Arizona, California, and Utah. Any Indian tribe located in Clark County or within fifty (50) miles of the permitted source shall be considered an Affected State.

"Affected Unit" means a unit th at is subject to any requirem ent under Title IV of the Act.

"Agricultural Operation s" means the growing of crops for pr ofit or the growing of crops for the purpose of providing life s upport to a considerab le number of people, animals, or fowl.Amended 11-16-10 CC Air Quality Regulations 0-2 “Air Contaminants” means any solid, liquid, or gaseous ma tter, any odor, or any form of energy that is capable of be ing released into the atmosphe re from an emi ssion source.

"Airplane Refueling Area " means a place capable of receiv ing, storing and dispensing one or more types of ga soline or petroleum distillate fo r consumption by airplanes.

"Air Pollution" means the presence in the outd oor atmosphere of one or more air pollutants or any combination thereof in such qu antity and duration as may tend to:

(a) Injure huma n health or welfare, animal or plant life, or property;

(b) Limit visibility or interfere with sceni c, aesthetic and hi storic values of the State; or

(c) Interfere with the enjoym ent of life or property.

"Air Quality Area" means the airshed regions within Clark County, Nevada, designated as a serious Nonattainment Area, moderate Nonattainment Area, or Prevention of Significant Deterioration (PSD) Area. The following table lists the air quality areas for each criteria air pollutant by ai r quality planning region:

Air Quality Areas for each Criteria Air Pollutant by Air Quality Planning Region
PM 10 CO VOC NO
x SO 2 and Pb
Serious Nonattainment Area LV LV

Moderate Nonattainment Area
Prevention of Significant Deterioration (PSD) Area IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA 1 IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA LV, EV, IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA

1 See “Airshed Regions within Clark County, Ne vada” table on p. 3 for region abbreviations.

“Air Quality Planning Region” means an area within Clark County, Nevada, consisting of one hydrographic area, as listed in the definition of airshed region, which is used for air quality planning purposes.Amended 11-16-10 CC Air Quality Regulations 0-3 "Airshed Region" or “Airshed” means an area within Clark County, Neva da, consisting of one hydrographic area as list ed in the following table:

A IRSHED R EGIONS within Clark County, Nevada

A IR Q UALITY P LANNING R EGION A IRSHED R EGION A IR Q UALITY P LANNING R EGION Abbreviation Las Vegas Valley H YDROGRAPHIC A REA 212 LV Eldorado Valley H YDROGRAPHIC A REA 167 EV North Ivanpah Valley H YDROGRAPHIC A REA 164A IV South Ivanpah Valley H YDROGRAPHIC A REA 164B SI Jean Lake Valley H YDROGRAPHIC A REA 165 JL South Hidden Valley H YDROGRAPHIC A REA 166 SH Garnet Valley H YDROGRAPHIC A REA 216 GV North Hidden Valley H YDROGRAPHIC A REA 217 NH Paiute Valley H YDROGRAPHIC A REA 214 PV Colorado River Valley H YDROGRAPHIC A REA 213 CV Mesquite Valley H YDROGRAPHIC A REA 163 MS Pahrump Valley H YDROGRAPHIC A REA 162 PR South Three Lakes Valley H YDROGRAPHIC A REA 211 ST Frenchman Flat H YDROGRAPHIC A REA 160 FF Indian Springs Valley H YDROGRAPHIC A REA 161 IS North Three Lakes Valley H YDROGRAPHIC A REA 168 NT Tikapoo Valley H YDROGRAPHIC A REA 169B TV California Wash H YDROGRAPHIC A REA 218 CW Muddy River Springs Area H YDROGRAPHIC A REA 219 MR Lower Meadow Valley Wash H YDROGRAPHIC A REA 205 MW Coyote Springs Valley H YDROGRAPHIC A REA 210 CS Lower Moapa Valley H YDROGRAPHIC A REA 220 LM Virgin River Valley H YDROGRAPHIC A REA 222 VV Black Mountains Area H YDROGRAPHIC A REA 215 BA Gold Butte Area H YDROGRAPHIC A REA 223 GB Greasewood Area H YDROGRAPHIC A REA 224 GA

If a hydrographic area extends beyond the boun dary of Clark County and the State of Nevada, only the portion that is within the boundary of Nevada is inclu ded in the definition of airshed region.

"Allowable Emissions" means the Emissions rate of a Stationary Source calculated using the maximum rated capacity of the source (unless the source is subject to practically enforceable limits which restri ct the operating rate, hours of operation, or both) and the most stringent of the following:Amended 11-16-10 CC Air Quality Regulations 0-4 (a) Any applicable standards as set forth in these AQRs or 40 CFR Parts 60, 61 or 63;

(b) Any applicable Nevada Stat e Implementation Plan (SIP ) emission limitation, including those with a future compliance date; or

(c) The emissions rate spec ified as a practically en forceable permit condition, including those with a future compliance date.

"Apex Valley" means the geogr aphical area that coinci des with the boundary of Hydrographic Area 216 (also known as Garnet Valley) as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map is contained in the defini tion of Hydrographic Areas.

"Applicable Requirement" means any of the fo llowing requirements as they apply to an emissions unit covered by a permit issu ed pursuant to Section 12 of the AQRs:

(a) Any standard or requirement incl uded in the Nevada SIP approved or promulgated by EPA through rulemaki ng under Title I of the Act that implements the relevant r equirements of the Act, incl uding any revisions to that plan promulgated in 40 CFR Part 52;

(b) Any term or condition of any permit issued pursuant to Section 12 of the AQRs;

(c) Any requirement under Secti on 111 (“New Source Performance Standards”) of the Act;

(d) Any requirement under Section 112 (“Hazardous Air Pollutants”) of the Act;

(e) Any standard or other requirement of the Acid Rain Program under Title IV of the Act or the regulat ions promulgated thereunder;

(f) Any requirements est ablished pursuant to Sect ion 504(b) or Section 114(a)(3) (“Monitoring, Analysis a nd Compliance”) of the Act;

(g) Any requirement relating to soli d waste incineration under Section 129 (“Solid Waste Combustion”) of the Act;

(h) Any requirement for consumer or commercial products under Section 183(e) (“Ozone”) of the Act;

(i) Any requirement for tank vessels under Section 183(f) (“Tank Vessel Standards”) of the Act;Amended 11-16-10 CC Air Quality Regulations 0-5 (j) Any standard or require ment of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the EPA determines that any such requirement need not be contained in a Part 70 Permit;

(k) Any national ambient air quality st andard or increment or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) (“Temporary Sources”) of the Act;

(l) Any requirement necessary to comp ly with the prohibition in Sections 126(a)(1) and 126(c) (“Interstate Poll ution Abatement”) of the Act; and

(m) Any requirement under the AQRs, e.g., “Emission of Visible Air Contaminants,” “Odors in the Ambient Air,” and “Prohibitions of Nuisance Conditions.”

"Application Area" means the area where su rface coating is applied by spraying, dipping or flow-coating techniques.

“Authority to Construct Permit” or “Part 70 Authority to Construct Permit” means a permit issued to a Part 70 source by the Cont rol Officer pursuant to Section 12.4.3 of the AQRs that:

(a) Authorizes the construction and an in itial period of operat ion of a new Part 70 source, or the modification or re construction of an existing Part 70 source; and

(b) Includes the conditions which apply to the construction and an initial period of operation of a new Part 70 source, or the modification or reconstruction of an existing Part 70 source.

"Best Management Practices" means dust control measures that are based on each project soil type, pr oject activity, a nd phasing as requi red by the applicable standards of Sections 91 through 94 of these AQRs. Thes e practices shall be in cluded in each Dust Control Permit and Dust Mitigation Plan and are established to meet the goal of reducing particulate emissions from constr uction sites. Addi tionally, some practices are designed to address the economic and environmental purpose s of reducing the amount of water to be used for dust control.

"British Thermal Unit" or “BTU” means that quantity of heat re quired to raise the temperature of one pound of water 1 degree F.

“Building, structure, facility, or installation” means all of t he pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial gr ouping if they belong to the same ‘‘MajorAmended 11-16-10 CC Air Quality Regulations 0-6 Group’’ (which have the same first two digit code) as described in the Standard Industrial Classification Manual , 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101–0066 and 003–005–00176–0, respectively) or the North American Indu stry Classification System, as published in 2002.

"Building Vent" means an op ening of a building through which there is mechanically induced air flow for the purpos e of exhausting emissions.

"Chemical Process" means a ma nufacturing operation in whic h one or more changes in chemical composition, chemical properti es, or physical proper ties are involved.

"Clearing and Grubbing" means t he removal of tree st umps, shrubs, trash, and dirt piles before excavation of a site.

"Combined Tank Capacity" means all gasoline storage tanks at the gasoline station.

"Combustible Refuse" means an y waste material that can be consumed by combustion.

"Commence" or “Comme ncement” as applied to construction of a st ationary source or modification means that th e owner or operator has al l necessary preconstruction approvals or permits and has:

(a) Begun, or caused to begin, a continuous program of actual on-site construction of the sour ce, to be comple ted within a reasonable time or

(b) Entered into binding ag reements or contractual obligations, which cannot be canceled or modified with out substantial loss to t he owner or operator, to undertake a program of actual construc tion of the source to be completed within a reasonable time.

“Commence Operation” or "Commencing Operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start-up of a unit’s combustion chamber that changes t he location, form, physical properties, or chemical character of a material.

"Commercial and Residential C onstruction" means construction of structures intended to be utilized solely as personal dwellings, incl uding but not limi ted to single family homes, duplexes, fourplexes, apartments, condominiums, and to wn houses; construction of institutional structures, schools, libraries, churches, hospitals , parks, office structures; shopping malls; residential streets within a subdivision; improvements to existi ng curbed paved roads; parking lots, parking lot structures ; and construction of underground utilities for sanitary sewer, wate r, electricity, natural gas and communication.

“Complete” means, in reference to an app lication for a permit, that the application contains all of the information necessary for processing the applica tion. Designating anAmended 11-16-10 CC Air Quality Regulations 0-7 application complete for purposes of permit pr ocessing does not preclude the reviewing authority from requesting or accept ing any additional information.

"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit), that would result in a change in emissions.

"Construction Activity " means the following activiti es: commercial and residential construction, flood control cons truction, and highway constructi on as defined in Section 0.

"Control Measure" means a technique, practice, or procedure used to prevent or minimize the generation, emission, entra inment, suspension, and/or airb orne transport of fugitive dust.

"Control Officer" means the Air Pollution Control Officer appoi nted by the County Manager, the Control Officer’s designee or individual staff members who have been delegated the authority by the Control Officer or his /her designee to pe rform specific Control Officer functions.

“Date of Submittal” means t he date a document is postma rked, if the document is delivered by the U.S. Postal Service. If the document is hand delivered by the document owner, his/her representa tive or a commercial ca rrier, the date of submittal is the date the document is date stamped by the department.

“Designated Trail” means any trail des ignated by a public agency for use by equestrians, hikers, bicycles, or ot her nonmotorized forms of travel.

"Dispatchable Peak Shaving" means a program by which pea k shaving operations will be scheduled and controlled by the serving public ut ility to those times es sential to maintain a reliable, area-wide, supply so urce of electrical energy.

"Disturbed Surface Area" mean s a portion of the earth's su rface (or material placed thereupon) which is being moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby increas ing the potentia l for the emission of fugitive dust.

"Dust Palliative" means hygroscopic material, non-toxic chemical stab ilizer or other dust palliative material that is not prohibited for ground surface application by the EPA or the Nevada Division of Environm ental Protection (NDEP) or by any applicable law or regulation, as a treatment material for reducing fugitive dust emissions. Water, solutions of water and chemical surfactant s, and foam are not dust palliatives for the purpose of these regulations.

"Dust Suppressant" means water, solution of water and chemical surfactants, foam, or any other dust palliative which is not prohi bited for ground surface application by theAmended 11-16-10 CC Air Quality Regulations 0-8 EPA or NDEP or by any app licable law or regulation, as a treatment material for reducing fugitive dust emissions.

"Electric Utility Steam Generati ng Unit" means any steam electric generating unit that is constructed for the purpose of supplying more t han one third (1/3) of its potential electric output capacity and more than twenty-five (25) MW of electric al output to an y utility power distribution system for sale. Any steam supplied to a st eam distribution system for the purpose of providing steam to a steam-electric generator th at would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

"Eldorado Valley" mean s the geographical area that coin cides with the boundary of the Hydrographic Area 167 as reported in the Hydrographic Areas Ma p, prepared by the Division of Water Resources, Rev. 9/71. An ap proximate map is contained in the definition of hydrographic areas.

"Emergency" means a si tuation arising from sudden and reason ably unforeseeable events beyond the control of the so urce, including Acts of God.

"Emission(s)" or "Emit(s)" m eans the release or the passin g into the ambi ent air of a regulated air pollutant.

“Emission Limit” or “Emission Limitation” me ans a requirement establ ished by the Control Officer or the Administrato r that limits the quantity, rate, or concentration of emission of air pollutants on a continuous basis , including any requirement re lating to the operation or maintenance of a source to assure contin uous emission reduct ion, and any design, equipment, work practice or o perational standard promulgate d under these regulations or the Act.

“Emissions Unit" means an y part or activity of a stationa ry source that emits or has the potential to emit any regulated air pollutant.

"EPA" means the United States Environmental Protection Agency.

"Ethanol" means an alcohol with the chemical formula CH 3 CH 2 OH.

"Excess Emissions" means em issions in excess of an emission limitation.

"Existing Emissions Unit" mean s, unless otherwise specifie d in these regulations, an emissions unit that has either been authorized to commence construction or modification or has commenced construction or modification prior to the effective date of rule.

"Existing Stationary So urce" means, unless othe rwise specified in these regulations, any stationary source that has either been authorized to commence construction or modification or has commenced construction or modification prior to the effective date of rule.Amended 11-16-10 CC Air Quality Regulations 0-9 “Federal Land Manager ” means, with respect to any lands in the United States, the Secretary of the department with authority over such lands.

"Federally Enforceable" means all limitations and conditi ons which are enforceable by the Administrator.

"Flood Control Construction" m eans construction of flood dete ntion basins, flood diversion channels, box culverts, and excavations intend ed to capture or retain water.

"Fuel" means material which is capable of releasing energy or power by combustion or other chemical or physical reaction.

"Fuel Burning Equipment" means any device used for the burn ing of fuel for the primary purpose of producing heat or power by indi rect heat transfer in which the products of combustion do not co me into direct contact with any other materials.

"Fuel Oil" means a liquid fuel derived from crude oil or petro leum, including distillate oil, residual oil, and used oil.

"Fugitive Dust" means particulate matter, that is not collected by a capture system, is entrained in the ambient air and is caused from human and/or natural activities, such as, but not limited to, movement of soil, ve hicles, equipment, blas ting, and wind. For the purpose of these regulations, fugitive dust does not include particulate matter emitted directly from the exhaust of moto r vehicles and other internal combustion engines, from portable brazing, soldering, or welding equip ment, and from p ile drivers, and does not include emissions from proce ss and combustion sources that are subject to other sections of these regulations.

"Fugitive Emissions" means those emissions which could not reason ably pass through a stack, chimney, vent, or othe r functionally equivalent opening.

"Gasoline" means any pe troleum distilla te having a Reid Vapor Pr essure (RVP) of four 4 pounds per squa re inch or greater.

"Gasoline Dispensing Operation” means a facility, except bulk distribution terminal, that is capable of receiving, storing, and dispensing to a motor vehi cle one or more grades of gasoline.

“Good Engineering Practice (G EP) Stack Height” means a stack height meeting the requirements described in Subs ection 12.2.7.3 of the AQRs.

“Hazardous Air Pollutant" or “HAP” means any air pollutant listed in or pursuant to Section 112(b) of the Act.Amended 11-16-10 CC Air Quality Regulations 0-10 "Highway Construction " means construction of roadway systems including arterials, expressways, interstate s, tunnels, overpasses, bridges, interchanges and airport runway improvements, but not residential streets within a subdivision.

"Hydrographic Basin Areas" or “Hydrographi c Areas” means the areas within Clark County, Nevada as defined in the State of Nevada Hydr ographic Areas Map , prepared by the Division of Water Resources, Rev. 9/71. A hydr ographic area may extend into adjacent county(s), but the hy drographic area will terminate at the st ate boundary. The following map, provid ed for quick reference, represents the hydrographi c areas and air quality planning regions within the Clark County boundary and ex cludes only th e portion of the hydrographic area that is outside of the Nevada boundary:Amended 11-16-10 CC Air Quality Regulations 0-11 One Inch = 15 milesAmended 11-16-10 CC Air Quality Regulations 0-12 "Incinerator" means any furnac e used in the process of bu rning waste for the primary purpose of reducing the volume of the waste by removing combustible matter.

"Insignificant Activities and Emissions" means those activities that meet the criteria set forth in subsection 12.5.2.5.

"Ivanpah Valley" means the geog raphical area that coincide s with the boundary of the Hydrographic Area 164A (also known as North Ivanpah Va lley) as reported in the Hydrographic Areas Map, prepared by the Division of Wate r Resources, Rev. 9/71. An approximate map is contained in th e definition of hydrographic areas.

"Las Vegas Valley" means that geographical area that coinci des with the boundary of the Hydrographic Area 212 as reported in the Hydrographic Areas Ma p, prepared by the Division of Water Resources, Rev. 9/71. An approximat e map is contained in the definition of hy drographic areas.

"Leak Free" means a liquid leak of le ss than three (3) drops per minute.

"Methyl Tertiary Butyl Ethe r (MTBE)” means an ether wi th the chemical formula (CH 3 ) 3 C(-OCH 3 ).

"Motocross Race Course" mean s a closed loop course es tablished on improved or unimproved property upon which the actual track ma y be dirt, gravel, pavements or other surface encompassing an area of less than fifty (50) acres.

"Motor Vehicle" means every dev ice in, upon, or by which any person or property is, or may be, transported or drawn upon a road or highway, except de vices moved by human power or used exclusivel y upon stati onary rails.

"Natural Cover" means any vegetation that ex ists on the property.

“Nonattainment Area" means an y geographic region of the Unit ed States that has been designated as “nonattainment” under Section 107 of the Act for any pollutant for which a National Ambient Air Quality Standard exists.

"Non-metallic Mineral" means any of the foll owing minerals or any mi xture that contains more than fifty pe rcent (50%) by weight any of the following minerals:

(a) Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quar tz, quartzite, marl, marble, slate, shale, oil shale, and shell;

(b) Sand and Gravel;

(c) Clay, including Kaol in, Fireclay, Bentonite, Fuller’s Earth, Ball Clay, and Common Clay;Amended 11-16-10 CC Air Quality Regulations 0-13 (d) Rock Salt;

(e) Gypsum;

(f) Sodium Compounds , including Sodium Carbonate, Sodium Chloride, and Sodium Sulfate;

(g) Pumice;

(h) Gilsonite;

(i) Talc and Pyrophyllite;

(j) Boron, including Borax, Kernite, and Colemanite;

(k) Barite;

(l) Fluorspar;

(m) Feldspar;

(n) Diatomite;

(o) Perlite;

(p) Vermiculite;

(q) Mica; and

(r) Kyanite, including Andalusit e, Sillimanite, Topaz, and Dumortierite.

"Non-Metallic Mineral Processi ng Plant" means any co mbination of equipment that is used to crush or grind any nonmetallic mineral wh erever located, including lime plants, power plants, steel m ills, asphalt co ncrete plants, portl and cement plants, or any other facility processing nonmetallic minerals, except as provided in 40 CFR § 60.670(b) and (c).

“Non-Road Easement” m eans an easement not utilized by the easement holder, or others with the permission of the easement hol der, for travel by motor vehicle more often than twelve (12) times withi n any twelve (12) month period.

"Normal Farm Cultural Practice" means all ac tivities by the owne r, lessee, agent, independent contractor, and/or supplier conducted on any fac ility for the production of crops and/or nursery plants. Disturbances of the field surf ace caused by turning under stalks, tilling, leveling, planting, fertilizing , or harvesting are inclu ded in this definition.Amended 11-16-10 CC Air Quality Regulations 0-14 "Nuisance" means anything that is injurious to health, offensive to the senses, or an obstruction to the fr ee use of property, so as to interfere with the reasonable or comfortable enjoyment of life or property.

"Odor" means those qualities of matter that make it per ceptible to the ol factory senses of

man.

"Off-Road Vehicle" means any self-pr opelled conveyance specifically designed for offroad use, including, but not limited to, off- road or all-terrain equipment, trucks, cars, motorcycles, motorbikes, or motor buggies.

"Opacity" means the degree to which emission s reduce the transmission of light and obscure the view of an object in the background.

"Open Areas And Vacant Lots" means any of the following described in paragraphs (a) through (e) below. For the purpose of these r egulations, vacant portion s of residential or commercial lots that are imm ediately adjacent an d owned and/or oper ated by the same individual or entity are considered on e vacant open ar ea or vacant lot.

(a) An unsubdivided or und eveloped tract of land.

(b) A subdivided lot, whic h contains no approved or permitted buildings or structures of a temporar y or permanent nature.

(c) An undeveloped or par tially developed lot.

(d) Non-road easements.

(e) Unpaved parts of controlled access freeway right-of-ways, except those portions subject to Section 93 requirements.

"Open Fire" means any fire wherein the produc ts of combustion are emitted into the open air and are not directed theret o through a stac k or chimney.

“Operation and Maintenance Plan” means a pl an for an emission control system that specifies the key system operating parameter s, such as temperatures, pressures, and/or flow rates, necessary to monitor the emission control system to ensure its proper operation and maintenance. The plan shoul d include recordkeeping requirements sufficient to verify that necessary maint enance activities have been performed and key system operating parameter s were monitored.

"Owner” and/or “Operator" means any person who owns, l eases, operates, controls, or supervises a facility, building, stru cture, or installation that dire ctly or indirectly results or may result in emissions of any air pollutant for which a national, state of Nevada, or Clark County standard is in effect. For the pur poses of Sections 90 through 94, "Owner”Amended 11-16-10 CC Air Quality Regulations 0-15 and/or “Operator" means any person who owns, leases, operates, maintains, controls, or supervises a fugitive dust source subject to the requirements of these regulations.

"Oxygenated Gasoline" means gasoline bl ended with a compon ent or components containing oxygen, generally an alcohol or ether.

"Part 70 Operating Permit" me ans any permit or group of permits covering a Part 70 Source that are issued, renewed, amended , or revised pursuant to Section 12.5.

“Part 70 Source” means the following:

(a) Any source defined as a major stati onary source under Sections 12.2.2(ff) or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 1, 2010;

(b) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act, but only if the Administrator has determined that the s ource is required to obtain a Part 70 Operating Permit;

(c) Any source, including an area s ource, subject to a standard or other requirement under Sections 112(d), (f), or (h) of the Act, but only if the Administrator has determined that t he area source subject to such standards is required to obt ain a Part 70 Operating Permit. A source is not a Part 70 Source solely because it is subject to regulations or requirements under Section 112(r) of the Act;

(d) Solid waste incineration units, incl uding hospital/medical/ infectious waste incinerators, municipal waste inci nerators, and commercial and industrial waste incinerators, that are required by Section 129(e) of the Act to obtain a Part 70 Operating Permit;

(e) Any source with an affected unit, as defined in 40 CFR Pa rt 72, that is subject to the requirements of the Ti tle IV Acid Rain Program under the Act;

(f) Any source that is a non-major muni cipal solid waste landfill with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters; or

(g) Any source designated by the Admini strator pursuant to 40 CFR § 70.3.

"Particulate Matter (PM)" means any material, except uncombined water, that exists in a finely divided form as a liquid or so lid at referenced conditions of 25 o C and 760 mm
mercury.Amended 11-16-10 CC Air Quality Regulations 0-16 "Pave" or “Paved” means the application and maintenance of asphalt, concrete, or other similar material on a roadway surface (e.g., asphaltic concrete, concrete pavement, or rubberized asphalt).

“Permanent” means an emission reduction which is federally enforceable for the life of a corresponding increase in emissions. For fe deral Emission Reduction Credits (ERCs), emission reductions for a stationary source ar e permanent if the reduc tions are federally enforceable and the reductions occur ov er the duration of the ERC rule.

"Person" means the United States of America, the State of Nevada , or any individual, group of individuals, partnership, firm, compan y, corporation, association, trust estate, political subdivision, administra tive agency, public or quasi-public corporation, or other legal entity.

“PM 2.5 ” means particulate matter, both filterabl e and condensable, wi th an aerodynamic diameter less than or equal to a nomina l two and one half (2 .5) micrometers.

"PM 10 " means particulate matter, both filterable and condensable, wi th an aerodynamic diameter less than or equal to a nominal ten (10) micrometers.

"Potential to Emit" means t he maximum capacity of a stationary source to emit any regulated air pollutant under its physical and ope rational design. Any physical or operational limitation on the capacity of the source to emit an air pollutant, including air pollution control equipmen t and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, s hall be treated as part of its design only if the limitation or the effect it would have on emissions is en forceable as a practical matter. Secondary emissions do not co unt in determining the potentia l to emit of a stationary

source.

"Prime Coat" means the first of two or more coatings applied to a surface.

"Process Weight" means the total weight of all materials introduc ed into any specific process, which process may cause any disc harge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and ga seous fuels and combustion air will no t. "Process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete opera tion thereof, excluding any time during which the equipment is idle.

“Public Road” means a road owned and/or operated by a gov ernmental entity, who has accepted ownership of the road through a forma l action of its gover ning board; and, who has also accepted maintenance responsibilitie s for the road through a separate action of its governing board or designee. All other roads are private.

“Quantifiable” means an emissi on reduction that can be re liably and replicably measured or determined.Amended 11-16-10 CC Air Quality Regulations 0-17 “Reasonably Available Control Technology (RACT)” means the lowest emissions limitation that a particular source is ca pable of meeting by the application of control technology that is reasonabl y available, considering te chnological and economical feasibility. In determining RACT, the following shall be considered:

(a) Energy and environment al impacts and costs;

(b) Cost effectiveness;

(c) Control technology in use by similar sources; and

(d) Technical feasibility.

For the purposes of this definition, a contro l technology shall be deemed RACT if it is or meets an EPA control technology guideli ne limitation for the applicable source category, is a New Source Performanc e Standard, Maximum Achievable Control Technology standard, or any ot her federally enforceable limit ation or condition relied upon as RACT in a nonattain ment or maintenance plan.

RACT may be determined on a case-by-case or source category-specific basis, at the option of the person performing the contro l technology review, and shall take into account relevant findings and determi nations in EPA's RACT/BACT/LAER Clearinghouse. The determination of cost effectiveness may consider the analysis contained in the EPA Office of Air Quality Planning and Standards Cost Control Manual

.
"Reclaimed Water" means waste water that, as a result of appropriate treatment, is suitable for subsequent beneficial use. Recl aimed water does not meet the State of Nevada standards for potable water.

"Reconstruction" or "Reconstruct " means: (1) for the purpose of meeting the requirements of 40 CFR Part 60 (“New So urce Performance Standards”), the definition at 40 CFR § 60.15, or (2) for the purpos e of meeting the requirements of 40 CFR Part 63 (“National Emission Standards for Hazardous Air Pollutant s”), the definition at 40 CFR § 63.2.

"Regulated Air Pollutant(s )" means the following:

(a) Any air pollutant for which a standard has been adopted pursuant to Section 109 of the Act, or any pr ecursor to such air pollutants;

(b) Any pollutant that is subject to any standard promulgated in Section 111 of the Act;

(c) Any pollutant that is otherwise subject to regulation under the Act, except that any or all hazardous air pollutant s either listed in Section 112 of the Act or added to the list pursuant to Se ction 112(b)(2) of the Act, and which have not been delisted pursuant to Se ction 112(b)(3) of the Act, are notAmended 11-16-10 CC Air Quality Regulations 0-18 regulated New Source Review pollut ants unless the listed hazardous air pollutant is also regulated as a c onstituent or precur sor of a general pollutant listed under section 108 of the Act;

(d) Any pollutant that is a Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

(e) A regulated New Source Review pol lutant, as defined in Section 12.2.2.

"Renewal" means the process by which a perm it is reissued at the end of its term.

“Road Easement” means an easement utilized by the easement hol der, or others with the permission of the easement holder, for travel by motor vehicle. In the case of a road easement, the owner and/or operat or is the easement holder.

“Secondary Emissions” means emissions that occur as a result of the construction or operation of a major stationary source or major modification , but do not co me from the major stationary source or major modification itself. Secondary emissi ons must be specific, well-defined, quantifiable, and impact the sa me general area s as the stationary source modification that causes the secondary emissions. Se condary emissions include emissions from any offsite sup port facility that would not be constructed or increase its emissions except as a result of the construction or operation of the ma jor stationary source or major modification . Secondary emissions do not in clude any emissi ons that come directly from a mobile source, such as emissions from the tailp ipe of a motor vehicle, from a train, or from a vessel.

“Shutdown” means the cessation of operation of any air pollution control equipment or process equipment for any purpose.

"Single Coat" means a single film of coating ap plied directly to the material being coated omitting the prime coat application.

"Slow Curing (SC)" means a cutb ack asphalt generally us ing a low volatility fuel oil as a solvent.

"Stack" means any point in a sour ce designed to emit solids, li quids, or gases into the air, including a pipe or duct, but not including flares.

"Stage I" means gasoli ne vapor recovery during transfer of gasoline from gasoline delivery vehicles to stationary tanks used fo r refueling mo tor vehicles.

"Stage II" means gasoline vapo r recovery during motor vehi cle refueling operations from stationary tanks.

"State" means any nonfe deral permitting authority, including any local agen cy, interstate association, or statewide program.Amended 11-16-10 CC Air Quality Regulations 0-19 "Stationary Source" means any build ing, structure, facility, or installation that emits or may emit any regulated air pollutant.

“Surplus” means an emission reduction that has not been relied on in any air quality program related to any SIP, that is not a Nevada SIP requirement, that is not a requirement of a state air quality program that has been adopted but is not in the Nevada SIP, is not credit ed in any federal reasonable further progress or other milestone demonstration, is not a requirement of a consent dec ree, is not a requirement of a federal rule that focuse s on reducing criteria air pollutants or their precursors, and has not already been credited in any other air quality progr am. The purpose of requiring that emissions offsets be surplus is to pr ohibit double counting of emission reductions.

"Top Coat" means the final film of coating applied to a two-coat operation.

"Top Off" means to atte mpt to dispense gasoline to a motor vehi cle fuel tank after a vapor recovery dispensing nozzle has shut off automatically. Th e filling of those vehicle tanks in which the nature and config uration of the fill pipe caus es premature shutoff of the dispensing nozzle, and wh ich are filled only afte r the seal between th e fill pipe and the nozzle is broken, shall not be considered topping off.

"Topsoil" means the layer of the soil that, by its humus conten t, supports vegetation. It is usually the top six inches of soil but may ex tend deeper.

"Unpaved Parking Lot" means any area of 5,000 square feet or larger that is not paved and that is used for parking, maneuvering, or storing motor vehicles; material handling and storage yards; or vehicle and equipment storage yards.

"Vapor" means the gaseous phases of a substance that, at normal temperature and pressures, is a liquid or solid.

"Vapor Control System" means a de vice, or combination of devi ces, into which vapors are passed before being vented into the ambient air.

"Vapor Tight" means a reading of less than 10,000 parts per million above background as methane when measur ed at a distance of one centimeter from the leak source with a portable hydrocarbon de tection instrument. “Backgroun d” is defined as the ambient concentration of organic compounds determin ed at least three me ters upwind from any equipment to be inspected and uninfluen ced by any specific emissions unit.

"Volatile Organic Compound (V OCs)" means any co mpound of carbon, excluding carbon monoxide, carbon dioxide, ca rbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in at mospheric photochemical reactions.

(a) The following organic compounds sha ll not be defined as VOCs because of their negligible photochemical reactivity:Amended 11-16-10 CC Air Quality Regulations 0-20 (1) methane; (2) ethane; (3) methylene chloride (dichloromethane); (4) 1,1,1-trichloroethane (methyl chloroform); (5) 1,1,2-trichloro-1,2,2- trifluoroethane (CFC-113); (6) trichlorofluor omethane (CFC-11); (7) dichlorodifluoromethane (CFC-12); (8) chlorodifluoromethane (HCFC-22); (9) trifluoromethane (HFC-23); (10) 1,2-dichloro 1,1,2, 2-tetrafluoroethane (CFC-114); (11) chloropentafluor oethane (CFC-115); (12) 1,1,1-trifluoro 2,2- dichloroethane (HCFC-123); (13) 1,1,1,2-tetrafl uoroethane (HFC- 134a); (14) 1,1-dichloro 1- fluoroethane (HCFC-141b); (15) 1-chloro 1,1-di fluoroethane (HCFC-142b); (16) 2-chloro-1,1,1,2-tet rafluoroethane (HCFC-124); (17) pentafluoroethane (HFC-125); (18) 1,1,2,2-tetrafl uoroethane (HFC-134); (19) 1,1,1- trifl uoroethane (HFC-143a); (20) 1,1-difluoroethane (HFC-152a); (21) parachlorobenzotrifluoride (PCBTF); (22) cyclic, branched, or linear co mpletely methylated siloxanes; (23) acetone; (24) perchloroethylene (t etrachloroethylene); (25) 3,3- dichloro-1,1,1,2,2- pentafluoropropane (HCFC-225ca); (26) 1,3-dichloro-1,1,2,2,3 - pentafluoropropane (HCFC-225cb); (27) 1,1,1,2,3,4, 4,5,5,5-decafluoropent ane (HFC 43-10mee); (28) difluoromethane (HFC-32); (29) ethylfluoride (HFC-161); (30) 1,1,1,3,3,3- hexaf luoropropane (HFC-236fa); (31) 1,1,2,2,3- pentafluoropropane (HFC-245ca); (32) 1,1,2,3,3-pentaf luoropropane (HFC-245ea); (33) 1,1,1,2,3- pentafluoropropane (HFC- 245eb); (34) 1,1,1,3,3- pentafluoropropane (HFC-245fa); (35) 1,1,1,2,3,3- hexaf luoropropane (HFC-236ea); (36) 1,1,1,3,3- pentafluorobutane (HFC-365mfc); (37) chlorofluoromethane (HCFC-31); (38) 1 chloro-1-fluor oethane (HCFC-151a); (39) 1,2- dichloro-1,1,2-t rifluoroethane (HCFC-123a); (40) 1,1,1,2,2,3, 3,4,4-nonafluoro-4- methoxy-butane (C 4 F 9 OCH 3 or HFE7100); (41) 2-(difluoromethoxymethyl )-1,1,1,2,3,3,3- heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); (42) 1-ethoxy-1,1,2,2,3, 3,4,4,4- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE7200);Amended 11-16-10 CC Air Quality Regulations 0-21 (43) 2-(ethoxydifluoromethyl )-1,1,1,2,3,3,3- heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); (44) Methyl acetate, 1,1,1,2,2, 3,3-heptafluoro-3-me thoxy-propane (nC 3 F 7 OCH 3 , HFE-7000), 3-ethoxy-1, 1,1,2,3,4,4,5,5,6,6,6- dodecafluoro-2-(trifluoromethy l) hexane (HFE-7500), 1,1,1,2,3,3,3- heptafluoropropane (HFC 227ea), meth yl formate (HCOOCH[3]), (1) 1,1,1,2,2,3,4,5,5, 5-decafluoro-3-methox y-4-trifluoromethylpentane (HFE-7300), and perfluoroca rbon compounds which fall into these classes: (i) Cyclic, branched, or linear, co mpletely fluorinated alkanes; (ii) Cyclic, branched, or linear, co mpletely fluorinated ethers with no unsaturations; (iii) Cyclic, branched, or linear, co mpletely fluorinated tertiary amines with no unsaturations; and (iv) Sulfur containing perfluoroc arbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (45) Tertiary butyl acetate (C 6 H 12 O 2 ).

(b) A VOC that is also a hazardous air pollutant listed pursu ant to Section 112 of the Act shall be subject to the more stringent requirements applicable under either category of pollutant.

History: Amended: July 9, 1987; November 17, 1988; J anuary 25, 1990; May 27, 1993; November 18, 1993; August 25, 1994; June 1995; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; April 24, 1997; January 22, 1998; April 23, 1998; June 22, 2000; November 16, 2000; May 24, 2001;November 20, 2001; December 4, 2001; June 3, 2003; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010; November 16, 2010.Amended 12/20/05 2-1 CC Air Quality Regulations 

### 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 2-2 CC Air Quality Regulations (a) Notice of Public Hearing. No tice 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 2-3 CC Air Quality Regulations 2.2.3 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 2-4 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 2-5 CC Air Quality Regulations 2.3.3 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 ofAmended 12/20/05 2-6 CC Air Quality Regulations changes 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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### ` CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 4 - CONTROL OFFICER

4.1 The administrative enfor cement of the Regulations shall be performed by the C ONTROL O FFICER

.

4.2 The C ONTROL O FFICER , or his designated agent, shall carry out the policies of the Clark County Board of County Commissioners, and each of the C ONTROL O FFICER 's acts shall be subject to revi ew by the Clark County Board of County Commissioners.

4.3 The C ONTROL O FFICER , or his representative, may enter into and inspect any property, premises or plac e on or at which an air contaminant source is located or is being constructed, inst alled or established at any reasonable time for the purpose of ascertaining the state of compliance with these Regulations.

4.3.1 No person shall:

4.3.2 Refuse entry or access to any aut horized representative of the Clark County Board of County Commissioners who requests entry for purposes of inspection, as provided in this se ction, and who presents appropriate credentials.

4.3.3 Obstruct, hamper or inte rfere with any such inspection.

4.3.4 If requested, the owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.

4.4 The C ONTROL O FFICER at any time may require from any person such information or analyses as will disclose the nature, extent, quantity or degree of air contaminants which are or ma y be discharged by such source, and type or nature of control equipment in use, and may require that such disclosures be certified by a professional engineer registered in the State. In addition to such report, the C ONTROL O FFICER may designate an authorized agent to make an independent study and r eport as to the nature, extent, quantity or degree of any ai r contaminants which are or may be discharged from source. An authorized agent so designated is authorized to inspect anyAmended 07/01/04 4-2 CC Air Quality Regulations article, machine, equipment, or other contrivance necessary to make the inspection and report.

4.5 The C ONTROL O FFICER may require any person responsible for E MISSION of air contaminants to make or hav e made tests to determine the E MISSION of air contaminants from any source, whenever the C ONTROL O FFICER has reason to believe that an E MISSION in excess of that allowed by the Air Quality Regulations is occurring. The C ONTROL O FFICER may specify testing methods to be used in accordance wit h good professional practice. The C ONTROL O FFICER may observe the testing. A ll tests shall be conducted by reputable, qualified personnel. The C ONTROL O FFICER shall be given a copy of the test results in writing and si gned by the person responsible for the
tests.

4.6 The C ONTROL O FFICER may conduct tests of E MISSION s of air contaminants from any source. Upon request of the C ONTROL O FFICER , the person responsible for the source to be test ed shall provide necessary holes in stacks or ducts and such other sa fe and proper sampling and testing facilities, exclusive of instruments and sensing devices as may be necessary for proper determination of the EMISSION of air contaminants.

4.7 Whenever the C ONTROL O FFICER believes that a statut e or regulation for the prevention, abatement or control of A IR P OLLUTION has been violated, he shall cause written notice to be served in person or by certified mail upon the P ERSON or P ERSONS responsible for the alleged violation.

4.7.1 The notice shall specify:

4.7.1.1 The statute or regul ation alleged to be violated.

4.7.1.2 The facts alleged to constitute the violation.

4.7.2 The notice may include an order to take corrective action within a reasonable time, which shall be specified.

4.7.2.1 A Corrective Action Order issued pursuant to Subsection 4.7.2 becomes final unless appealed to the Air Pollution Control H EARING B OARD , in writing, within ten (10) days after it is mailed to the person ordered to take corrective action.

4.7.2.2 A Corrective Action Order appeal ed to the Air Pollution Control H EARING B OARD is temporarily stayed pending disposition of the appeal by the Air Pollution Control H EARING B OARD

.
4.7.2.3 A Corrective Action Order appeal ed to the Air Pollution Control H EARING B OARD becomes final immediately upon its affi rmance by the Air Pollution Control H EARING B OARD

.Amended 07/01/04 4-3 CC Air Quality Regulations 4.7.2.4 Failure to comply with the terms of a final Corrective Action Or der is a violation of these Regulations.

4.7.3 With or without the issuance of an or der pursuant to Subsec tion 4.7.2, or if corrective action is not taken within the time specified:

4.7.3.1 The C ONTROL O FFICER may notify the person or persons responsible for the alleged violation to appear before t he Air Pollution Control H EARING B OARD at a specified time and place; or

4.7.3.2 The C ONTROL O FFICER may initiate proceedings befor e the Hearing Officer for the levying of the appropriate penalty and/or Order to Show Cause.

4.7.4 Nothing in this Section prev ents the Clark Count y Board of County Commissioners or the C ONTROL O FFICER from making efforts to obtain voluntary compliance through warning, conference or other appropriate

means.

4.7.5 The C ONTROL O FFICER may seek criminal fines not to exceed $10,000 per day per violation against any P ERSON who knowingly violates any applicable permit requirement; any permit condition; or any fee or filing requirement.

4.7.6 The C ONTROL O FFICER may seek criminal fines not to exceed $10,000 per day per violation against any P ERSON who knowingly makes false material statement, representation or certification in any form, in any notice or report required by a permit, or who knowi ngly renders inaccurate any required monitoring device or method.

4.8 Upon a finding by the Air Pollution Control H EARING B OARD that a P ERSON has not complied with the terms of an order, or upon the levying of a penalty by the Hearing Officer and/or Air Pollution Control H EARING B OARD , the C ONTROL O FFICER , in the name of the Clark County Board of County Commissioners, may initiate action in t he District Court or other court of competent jurisdiction for injunctive relie f, to collect the penalty levied, or for other appropriate remedy.

4.9 It is a condition of the issuance of an O PERATING P ERMIT or any registration required by these Regulati ons that the registrant or holder agrees to permit inspection of the premises to which t he permit or registration relates by the C ONTROL O FFICER at any time during the regi strant's or holder's hours of operation without prior notice. This condition shall be stated on each registration or application form, and O PERATING P ERMIT

.

4.10 If a source of air contaminant exists or is constructed without registration or is operated without an O PERATING P ERMIT , the C ONTROL O FFICER may inspect itAmended 07/01/04 4-4 CC Air Quality Regulations at any reasonable time, and may enter any premises to search for such a source If entry is refused, or pr ior to attempting to enter, the C ONTROL O FFICER may apply to any magistrate for a search warrant.

4.11 The C ONTROL O FFICER shall maintain all procedural forms and instructions pertaining to procedures set forth in these Regulations, and shall make such forms and instructions available upon request of any interested party.

4.12 Public Notification

4.12.1 The C ONTROL O FFICER shall notify the public on a regular basis of instances or areas in which any A MBIENT A IR quality standard was exceeded during any portion of the preceding calendar year.

4.12.2 The C ONTROL O FFICER shall advise the public of the health hazards associated with such an exceedance of an A MBIENT A IR quality standard.

4.12.3 The C ONTROL O FFICER shall increase the public awareness of

(1) Measures which can be taken to prevent an A MBIENT A IR quality standard from being exceeded; and

(2) Ways in which the public can parti cipate in regulatory and other efforts to improve air quality.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 5 - INTERFERENCE WITH CONTROL OFFICER

5.1 It is unlawful for any person:

5.1.1 To hinder, obstruct, delay, resist, inte rfere with, or attempt to interfere with, the C ONTROL O FFICER , or any individual to w hom authority has been duly delegated for the performance of any duty by these Regulations.

5.1.2 To refuse to permit the C ONTROL O FFICER or any individual to whom such authority has been delegated, to administe r or perform any function provided for herein, by refusing him at any r easonable time entrance to property or premises, except a private residenc e, containing equipment or open fire, discharging, or suspected and believed to be discharging, smoke, dust, gas, vapor, or odor into the open air.

5.1.3 To fail to disclose information when requested under oath or otherwise, to the C ONTROL O FFICER or any individual to whom such authority has been delegated.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 6 - INJUNCTIVE RELIEF

6.1 In addition to any remedy of law hereunder, the C ONTROL O FFICER may apply to a court of competent jurisdiction for ot her equitable and injunctive relief to enforce compliance with, or to restrain violations of any provision of these Regulations, or of any regulation or rule made and adopted pursuant thereto.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 7 – AIR POLLUTION CO NTROL HEARING BOARD AND HEARING OFFICER

7.1 The Air Pollution Control H EARING B OARD shall select a Chairman and ViceChairman and such other officers as it deems necessary and, subject to the approval of the Clark County Board of County Commissioners, may adopt a manual of procedures to govern its operation.

7.2 Members of the Air Pollution Control H EARING B OARD shall serve the following terms: Three shall be appointed for a term of one year, three shall be appointed for a term of two year s and one shall be appointed for a term of three years. Each succeeding term shall be for a period of three years.

7.3 The H EARING O FFICER (s) shall act, independent of eac h other in regards to decisions. H EARING O FFICER (s) shall be selected by the Clark County Board of County Commissioners, from qualified applicants to the Department of Air Quality and Environmental Management. The H EARING O FFICER (s) will be an independent contractor who serves at the pleasure of the Clark County Board of County Commissioners. T he Clark County Board of County Commissioners shall review and set su ch fees as are paid to the H EARING O FFICER and shall be in accord with t he fee schedule(s) annually approved by the Clark County Board of County Commissioners.

7.4 Alleged Violations:

7.4.1 Alleged Violations without Corrective Action:

7.4.1.1 The C ONTROL O FFICER may notify person or persons responsible for an alleged violation to appear before the H EARING O FFICER

.
7.4.1.2 If a hearing upon an alleged violation is held and if the Hearing Officer finds that a violation has occurred:

7.4.1.2.1 The H EARING O FFICER may levy such penalty that he deems appropriate to the violation, in accordance with Section 9 of these Regulations.Amended 07/01/04 7-2 CC Air Quality Regulations 7.4.1.2.2 If the H EARING O FFICER determines that emissions in excess of any limits, contained in the Regulations, were the result of a malfunction, then he shall dismiss the Notice of Violation, exc ept as otherwise provided herein. In determining whether or not a malfunction occurred, the H EARING O FFICER may use the guidelines of Subsection 25.1.1.

7.4.2 Alleged Violations with Corrective Action:

7.4.2.1 If an alleged violator does not agree with a Corrective Action Order issued by the C ONTROL O FFICER
, he may appeal to the Air Pollution Control H EARING B OARD

.

7.4 .2.2 The Air Pollution Control H EARING B OARD may affirm, modify, or rescind a Corrective Action Order previously issued by the C ONTROL O FFICER ; and

7.4.2.2.1 The Air Pollution Control H EARING B OARD may issue an order for abatement, control or other appropriate corrective action.

7.5 Request for Variance

7.5.1 The owner or operator of a source of Air C ontaminant or a person who desires to establish such a source may apply to the Air Pollution Control H EARING B OARD for a variance. There sha ll be a $140.00 fee for filing any request for a variance. The Air Pollution Control H EARING B OARD may grant a variance only if, after public hearing on due notice, it finds from a preponderance of the evidence that:

7.5.1.1 The emissions occurring or pr oposed do not endanger or tend to endanger human health or safety; and

7.5.1.2 Compliance with the Regulations w ould produce serious hardship without equal or greater benefits to the public.

7.5.2 Variance Applicants shall truthfu lly disclose all information required to process the variance application. Information determined to be false or misrepresented shall void the varianc e application and the application fee shall be forfeit.

7.5.2.1 Variances granted based on false or misrepresented application information shall be nullified by the Air Pollution Control H EARING B OARD and may result in enforcement action. All fees paid for the variance shall be forfeit.

7.5.3 A variance shall not be granted unless the Air Pollution Control H EARING B OARD has considered the relative interest s of first, the public; second, other owners of property likely to be affected by the E MISSIONS ; and last, the applicant.Amended 07/01/04 7-3 CC Air Quality Regulations 7.5.4 The Air Pollution Control H EARING B OARD may in granting a variance impose appropriate conditions upon an applicant, and may revoke the variance for failure to comply.

7.5.5 No S TATIONARY S OURCE shall be granted a varianc e from any applicable requirement, as defined in Section 0, or any requirement in Section 19.

7.6 Renewals of Variance

7.6.1 A variance may be renewed only under circumstances and upon conditions which would justify its original granting.

7.6.2 Application for any renewal must be made at least sixty (60) days prior to expiration of the variance to be r enewed, and the Air Pollution Control H EARING B OARD shall give public notice of the application.

7.6.3 If a protest is filed with the Air Pollution Control H EARING B OARD against the renewal, the Air Pollution Control H EARING B OARD shall hold a public hearing and shall not renew the variance unless it makes specific, written findings, of fact which justify the renewal.

7.7 Duration of Variance

7.7.1 If the variance is granted for any r eason, it shall be granted for one year or less.

7.8 No applicant is entitled to the granting or renewal of a variance as a right

.

7.9 Advice

7.9.1 Any interested person may file a petition with the Air Pollution Control H EARING B OARD for a declaratory order or advisory opinion as to the applicability of these Regulations or of actions by the Clark County Board of County Commissioners, or the C ONTROL O FFICER

.

7.10 Appeals

7.10.1 Any person aggrieved by:

7.10.1.1 The issuance, denial, renewal , suspension or revocation of an O PERATING P ERMIT ; or

7.10.1.2 The issuance, modification or rescission of any other order by the C ONTROL O FFICER may appeal to the Air Pollution Control H EARING B OARD

.Amended 07/01/04 7-4 CC Air Quality Regulations 7.10.2 The Air Pollution Control H EARING B OARD shall decide the appeal, and may order the affirmance, modification or reversal of any action taken by the C ONTROL O FFICER which is the subject of the appeal.

7.10.3 The Air Pollution Control H EARING B OARD shall decide the appeal, and may order the affirmance, modification or reversal of any action taken by the H EARING O FFICER which is the subject of the appeal.

7.10.4 The Air Pollution Control H EARING B OARD shall provide by rule for the time and manner in which appeals are to be ta ken to the Air Pollution Control H EARING B OARD . Appeals from any order issued pursuant to Subsection 4.7.2 shall be made in writi ng within ten (10) days of re ceipt by the violator of the order or from receipt by the viol ator of the writt en decision of the H EARING O FFICER , whichever is later.

7.11 Judicial Review

7.11.1 Any person aggrieved by an order or decision of the Air Pollution Control H EARING B OARD may seek judicial review in accordance with law.

7.11.2 Judicial review procedures for permits issued pursuant to Section 19.

7.11.2.1 Any person aggrieved by the fo llowing may seek judicial review:

(a) Failure of the C ONTROL O FFICER to take final action within the time specified in Section 19:

(1) Permit Issuance

(2) Permit Renewal

(3) Permit Revision

(b) Failure of the C ONTROL O FFICER to take final action on an application requesting minor permit modification wit hin ninety (90) days of receipt of such application.

(c) Failure of the C ONTROL O FFICER to reopen a permit under Subsection 19.5.6.1(e).

7.11.2.2 Subsection 7.11 shall be the exclusiv e means for obtaining judicial review of the permit terms and conditions

7.11.2.3 Petitions requesting judicial review shall be filed no later than thirty (30) days after the final decision of the Air Pollution Control H EARING B OARD asAmended 07/01/04 7-5 CC Air Quality Regulations provided in Subsection 7.10.2, or the failure of the C ONTROL O FFICER to act as set forth in Subsection 7.11.2.1.

7.12 Procedures

7.12.1 The Air Pollution Control H EARING B OARD shall meet withi n twenty (20) days after receipt of a request by the A IR Q UALITY C OMMITTEE , the C ONTROL O FFICER , or on its own initiative.

7.12.2 The Chairman, or in his absenc e the Vice-Chairman of the Air Pollution Control H EARING B OARD , may issue subpoenas to compel attendance of any person at hearing, and require the pr oduction of books, records, and other documents material to a hearing.

7.12.3 Four members of the Air Pollution Control H EARING B OARD must be present to hold a hearing, and a majority of those present must concur in any decision.

7.12.4 All testimony must be given under oath and recorded ver batim, by human or electronic means. Upon request, the Chai rman shall provide for a transcript at the expense of the requesting party.

7.12.5 Air Pollution Control H EARING B OARD procedures shall be governed by a manual of procedures adopted by the B oard where not inconsistent with Chapter 233B of NRS.

7.12.6 For the purpose of this Subsecti on an order of the Air Pollution Control H EARING B OARD shall be final ten (10) days after mailing to or personal service upon all of the aggrieved parties.

7.12.7 An aggrieved party may request a rehearing before the Air Pollution Control H EARING B OARD within ten (10) days of his receipt of the final order.

7.13 Procedures of the H EARING O FFICER

7.13.1 The H EARING O FFICER (s) shall meet upon the request of the C ONTROL O FFICER or on their own initiative.

7.13.2 The H EARING O FFICER may issue subpoenas to compel attendance of any person at the hearing, and require the production of books, records, and other documents material to a hearing.

7.13.3 The decision of the H EARING O FFICER or the C ONTROL O FFICER shall be final unless the violator or the C ONTROL O FFICER petitions for appeal of theAmended 07/01/04 7-6 CC Air Quality Regulations decision to the Air Pollution Control H EARING B OARD pursuant to Subsection 7.10.

7.13.4 All testimony shall be given under oath and recorded ver batim, by human or electronic means. Upon request, the H EARING O FFICER shall provide for a transcript at the expense of the requesting party.

7.13.5 H EARING O FFICER shall be governed by a manual of procedures adopted by the Clark County Board of County Commissioners, consistent with the Air Pollution Control H EARING B OARD procedures and policies and where not inconsistent with Chapter 233B of NRS.

7.13.6 For the purpose of this Subs ection, a written order of the H EARING O FFICER shall be final ten (10) days after mailing to or personal service upon all of the affected parties.

7.13.7 Actions of the H EARING O FFICER will be forwarded as an informational item to the Air Pollution Control H EARING B OARD

.

7.14 Conflict of Interest

7.14.1 A H EARING O FFICER or a member of t he Air Pollution Control H EARING B OARD may vote upon or consider a matter, if the benefit or detriment accruing to him as a result of the decision either individually or in a representative capacity as a member of a general business profession, occupation or group, is not greater than that accruing to any other member of the general business, profession, occupation or group.

7.14.2 A H EARING O FFICER or a member of the Air Pollution Control H EARING B OARD shall not vote upon, consider, or advoc ate the passage or failure of, but may otherwise participate in the consideration of a matter with respect to which the independence of judgment of a reasonable person in his situation would be materially affected by:

(a) His acceptance of a gift or loan;

(b) His pecuniary interest; or

(c) His commitment in a private capacity to the interest of others.

7.14.3 If a member of t he Air Pollution Control H EARING B OARD declares that he will abstain from voting because of the r equirements of Subsection 7.14.2, the necessary quorum to act upon and the num ber of votes necessary to act upon the matter, is reduced as though t he member abstaining were not a member of the Air Pollution Control H EARING B OARDAmended 07/01/04 7-7 CC Air Quality Regulations 7.14.4 If a H EARING O FFICER declares that he must abstain from rendering a decision because of the requirements of Subsection 7.14.2, the scheduled hearing will then be forwarded to a second H EARING O FFICER . If there are no qualified individuals, then the H EARING O FFICER (s) who are not disqualified per Subsection 7.14.2, then the Air Pollution Control H EARING B OARD will take action on the item as the reviewing administrative body.

History: Amended: September 3, 1981; July 8, 1985; April 23, 1987; November 18, 1993; May 26, 1994; December 19, 1996; April 24, 1997; December 21, 2000; June 3, 2003; July 1, 2004.Amended 07/01/04 8-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 8 - PERSONS LIABLE FOR PENALTIES - PUNISHMENT: DEFENSE

8.1 All P ERSONS owning, operating, or in control of any equipment or property who shall cause, permit, or participate in, any violation of these Regulations shall be individually and collectively liable to any penalty or punishment imposed by and under these Regulations.

8.2 It shall be a defense to any prosecu tion instituted against any employee or a P ERSON owning, operating, or conducting an y business, industry, or operation that the acts complained of were done and performed pursuant to the orders and directions of such O WNER O R O PERATOR , or his agent or representative, conducting such business, industry or operation.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 9 - CIVIL PENALTIES

9.1 Any person who violates any provisi on of these Regulations, including, but not limited to, any application requirement; any permit condition; any fee or filing requirement; any duty to allow or carry out inspection, entry or monitoring activities or any requirements by the Department of Air Q uality and Environmental Management is guilty of a civil offense and shall pay civil penalty levied by the Air Pollution Control H EARING B OARD and/or the H EARING O FFICER of not more than $10,000. Each day of violation constitutes a separate offense.

9.2 The following penalties apply to violations of Section 42 (Open Burning)

9.2.1 First Violation $ 200.00

9.2.2 Second Violation $ 400.00

9.3 The following minimum penalties appl y to violations of Section 94 (Permitting and Dust Control for C ONSTRUCTION A CTIVITIES ) (effective date January 1, 2001):

9.3.1 Violation of Section 94.4.5 (Failure to post sign) $ 250.00

9.3.2 Violation of Section 94.4.11 (Fa ilure to have Dust Monitor on Site $ 250.00

9.3.3 Violation of Secti on 94.6.6 or 94.7 (Failure to attend required Dust Control Class) $ 250.00

9.3.4 Any failure to comply as set forth in Section 94.6.7 $ 500.00

9.3.5 Any failure to comply as set forth in Section 94.6.8(a), Section 94.6.8(c), Section 94.6.8(e) or Section 94.6.8(f) $1,000.00

9.3.6 Any failure to comply as set fo rth in Section 94.6.8(b) or Section 94.6.8(d) $2,000.00

9.4 The minimum penalty for any violation of Section 90 (F UGITIVE D UST From O PEN A REAS A ND V ACANT L OTS ) (effective date JanuaryAmended 07/01/04 9-2 CC Air Quality Regulations 1, 2001) is: $ 500.00

9.5 The minimum penalty for any violation of Section 91 (F UGITIVE D UST From Unpaved Roads, Unpaved Alleys and Unpaved E ASEMENT Roads) is: $ 500.00

9.6 The minimum penalty for any violation of Section 92 (F UGITIVE D UST From U NPAVED P ARKING L OTS ) is: $ 500.00

9.7 The minimum penalty for any violation of Section 93 (F UGITIVE D UST from P AVED Roads and Street Sweeping Equipment) (effective date January 1, 2001) is: $ 500.00

9.8 For a F UGITIVE D UST violation at any commercial site where the current permit for C ONSTRUCTION A CTIVITIES covers 1 acre or more, the minimum penalty shall be not less than: (in effect until December 31, 2000) $2,000.00

9.9 The minimum penalty for a F UGITIVE D UST violation at any S TATIONARY S OURCE shall be: $2,000.00

9.10 The minimum penalty for a violati on of Section 4.7.2.4 (failure to comply with the terms of a final Corrective Action Order) related to C ONSTRUCTION A CTIVITIES or at a S TATIONARY S OURCE capable of emitting P ARTICULATE M ATTER shall be: $2,000.00

9.11 The minimum penalty for violation of Section 26 (E MISSION of Visible Air Contaminants), Section 14 (Visible E MISSION Limitation based on New Source Perform ance Standards), Section 12 (Preconstruction Review for New or Modified S TATIONARY S OURCES ), or E MISSION limitation violations of Section 16 (Operating Permits) shall be: $2,000.00

9.12 Any person aggrieved by an order issued pursuant to this section is entitled to review as provided in Chapter 233B of NRS.

9.13 Nothing contained in Section 9 of t hese Regulations shall be construed as limiting the authority of the Air Pollution Control H EARING B OARD or H EARING O FFICER to take other appropriate remedies as provided in these Regulations.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended : September 3, 1981; January 25, 1990; May 28, 1992; November 18, 1993; December 19, 1996; April 24, 1997; June 22, 2000; December 21, 2001; June 3, 2003; July 1, 2004.______________________________________________________________________ Amended 07/01/04 10-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 10 - COMPLIANCE SCHEDULES

10.1 Any existing source not in compliance with E MISSION limitations hereinafter adopted, or which is not operating unde r a compliance schedule approved by the Air Pollution Control H EARING B OARD , shall submit a compliance schedule to the C ONTROL O FFICER for review no later than 90 days after adoption of such E MISSION limitations.

10.2 The Air Pollution Control H EARING B OARD shall hold a public hearing on each compliance schedule within 60 days after submission of such schedule to the C ONTROL O FFICER

.

10.3 The Air Pollution Control H EARING B OARD may approve, disapprove, alter, or change all or any part of a compliance schedule, or may impose its own schedule upon the source involved.

10.4 Compliance schedules shall contain as a minimum:

10.4.1 A narrative description of how t he source will achieve compliance with such requirements and a schedule of re medial measures, including an enforceable sequence of actions with m ilestones, leading to compliance with A PPLICABLE R EQUIREMENTS

.
10.4.2 Any such schedule of compliance shall not sanction noncompliance with the A PPLICABLE R EQUIREMENTS on which it is based.

10.4.3 A schedule for submission of certified progress reports.

10.4.4 Appropriate in crements of progress.

10.4.5 Final date of comp liance with the appropriate E MISSION limitations.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: November 18, 1993; Febr uary 20, 2001; June 3, 2003; July 1, 2004.Adopted 11

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- i

SECTION 12.0: APPLICABILITY, GENERAL REQUIREMENTS AND TRANSITION PROCEDURES

12.0 Applicability, General Requirements and Transition Procedures

.......................... 1 12.0.1 Applicability

................................ ................................ ............................. 1 12.0.2 General Requirem ents

................................ ................................ ............ 1 12.0.3 Transition Procedures

................................ ................................ ............. 2Adopted 11

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- 1 12.0 Applicability, General Requirements and Transition Procedures

12.0.1 Applicability
The requirements of Section 12 apply as follows:

(a) Section 12 is applicable to any stationary source located in Clark County, Nevada, except for a plant which generates electricity by u sing steam produced by the burning of fossil fuel, which shall be pe rmitted under the jurisdictional requirements of the N evada Division of Environmental Protection (NDEP).

(b) Section 12.1 is applicable to any stationary source located in Clark County that has a potential to emit a regulated air pollutant that is equal to or greater than the thresholds listed in Section 12.1.1(c ) but has a potential to emit less than necessary for it to be a major stati onary source under Sections 12.2.2.1(ff) or 12.3.2(y), or a major source under 40 CFR § 70.2. This includes any Part 70 source that is exempt from the requirement to obtain a Part 70 Permit and that has a PTE equal to or greater than the thresholds listed in 12.1.1(c).

(c) Section 12.2 is applicable to any stationary source located in Clark County that has the potential to emit a regulated air pollutant that is equal to or greater than the thresholds listed in Section 12.2.2.1(ff) or makes any change that meets the definition of a major modification in Section 12.2.2.1(dd) and is located in an area designated attainment or unclassified for the specific pollutant emitted.

(d) Section 12.3 is applicable to any stationary source located in Clark County that has a potential to emit a regulated air pollutant that is equal to or greater than the thresholds listed in Section 12.3.2(y) or makes any change that meets the definition of a major modification in Section 12.3.2(x) and is located in an area designated nonattainment for the specific pollutant emitted.

(e) Sections 12.4 and 12.5 are applicable to any stationary source that is required to obtain a Part 70 Operating Permit. Section 12.4 contains the application requirements for any major source subject to the r equirements of Sections 12.2, 12.3 or 12.5.

(f) Section 12.11 is applicable to any stationary source that is not a m ajor stationary source, with a potential to emit that equals or exceeds the thresholds listed in Section 12.1.1(c) and that meets the applic ability requirements specified in Section 12.11.1.

12.0.2 General Requirements

All stationary sources, including any stationary source not required to obtain a Permit to Operate under the se regulations, shall be subject to other appl i-Adopted 11

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- 09 CC Air Quality Regulations 12.0

- 2 cable requirements that regulate activities at stationary sources, even though a Permit to Operate is not required. Such applicable requirements include, but are not limited to, opacity standards, nuisance pro hibitions, and fugitive dust control.

12.0.3 Transition Procedures

(a) Unless otherwise provided in the permit, the conditions in an Author ity to Construct Permit, Permit to Operate or Part 70 Operating Permit issued by the Control Officer before the effective date of these reg ulations continues in effect until one of the following occurs:

(1) The Authority to Construct Permit, Permit to Operate or Part 70 Operating Permit is terminated.

(2) The Control Officer issues or denies a permit to the source pu rsuant to Section 12. 1, 12.4, 12.5, or 12.11 after the effective date of these regulations.

(b) After the effective date of these regulations, all minor sources shall be subject to Section 12.1 as follows:

(1) A minor source that has submitted an application for a permit authorizing i ts construction and has not been issued a permit before the effective date of these regulations shall have that a pplication processed pursuant to Section 12.1 as amended on this date, unless its application was deemed complete before the effective date of these regulations. If the application was deemed complete before the effective date of these regulations, then the application shall be processed pursuant to the requir ements of Section 12 as they existed at that time.

(2) An existing minor source operating u nder a permit issued by the Control Officer prior to the effective date of these regulations must submit an application within five years of this date or earl ier if requested in writing by the Control Officer.

(3) An existing minor source that does not have an initial minor source permit may submit a permit application at any time after the effective date of these regulations, but shall submit a permit application within one hundred eighty (180) days of receipt of written notice from the Control Officer that an application is r equired.

(4) An existing minor source making a change that is subject to the notice, logging or permit revision provisions under Section 12.1.5, as amended on the effective date of these regulations, shall comply with the provisions of that se ction.Adopted 11

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- 3 (c) After the effective date of these regulations, all Part 70 sources r equired to obtain a Part 70 Operating Permit shall be subject to Se ctions 12.2, 12.3, 12.4, and/or 12.5 in accordance with the provisions in those sections.

History: Adopted Nove mber 3, 2009Adopted 11-03-09 CC Air Quality Regulations 12.1-i SECTION 12.1: PERMIT REQUIREMENTS FOR MINOR SOURCES

12.1 Permits for Minor Sources ............................................................................... 1 12.1.0 Applicab ility ..................................................................................................... 1 12.1.1 Definiti ons ....................................................................................................... 1 12.1.2 Emission Units and Activities Ex empt from Permit Requirements ................... 2 12.1.3 Permit Applic ation ........................................................................................... 5 12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing Minor Sour ces ................................................................................. 5 12.1.3.2 Timely App lication ........................................................................... 5 12.1.3.3 Complete Appl ication ...................................................................... 6 12.1.3.4 Permit Applicatio n Shield ................................................................ 6 12.1.3.5 Duty to Supplement or Correct App lication ..................................... 6 12.1.3.6 Application Content s ....................................................................... 7 12.1.4 Permit Cont ent ................................................................................................ 9 12.1.4.1 Terms and Cond itions ..................................................................... 9 12.1.4.2 Acknowledgment of Respons ibility for Co mpliance ....................... 15 12.1.5 Permit Application Proc essing Proc edures ................................................... 15 12.1.5.1 Action on Application ..................................................................... 15 12.1.5.2 Permit Processing Deadlines ........................................................ 16 12.1.5.3 Public Participation ........................................................................ 16 12.1.5.4 Permit Transfers ............................................................................ 19 12.1.6 Revisions to an Existing Minor Source Permit ............................................... 19 12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and Standards ...................................................................................................... 24Adopted 11-03-09 CC Air Quality Regulations 12.1-1 12.1 Permits for Minor Sources

12.1.0 Applicability

Section 12.1 is applicable to any stati onary source located in Clark County that has the potential to emit (PTE) a regulated air pollutant equal to or greater than the thresholds listed in Se ction 12.1.1(c), but less than the major source thresholds listed in 12.2.2 .1(ff) or 12.3.2(y) . This includes any Part 70 source that is exempt from the requirement to obtain a Part 70 Permit and has a PTE that equals or exceed s the thresholds listed in Section 12.1.1(c) or that takes a Voluntarily Accepted Emission Limit pursuant to Section 12.1.7.

12.1.1 Definitions

Unless the context requires otherwis e, the following terms shall have the meanings set forth below for purposes of Section 12.0, 12.1, 12.4, 12.5, and 12.11. When a term is not def ined, it shall have the meaning provided in Section 0, Chapter 9.08 of the Clark County Code, Nevada Revised Statutes (NRS) § 445B, the Federal Clean Air Act, or common usage, in that order of priority.

(a) “Exempt stationary source” means any stationary source with a potential to emit that is less than the levels listed in paragraph (c) below or that is listed in Section 12.1.2.

(b) “Existing minor source” means an y minor source that has been issued an “Authority to Construct” or “Permit to Operate” and that has not been issued an initial minor source permit but is required to have one, or that is determined by the C ontrol Officer to be an exempt stationary source prior to the e ffective date of this rule.

(c) “Minor source” means a stationary s ource that is not required to obtain an “Authority to Construct” pur suant to Section 12.4.3 or a Part 70 Operating Permit and that has a potential to emit equal to or greater than the following levels for any listed pollutant:

Type of Air Pollutant Potential to Emit (tpy)

PM 10 5

CO 25

VOC 5

NO x 5

SO 2 25 Lead (Pb) 0.3

H 2 S 1Adopted 11-03-09 CC Air Quality Regulations 12.1-2 (d) “Minor Source Permit” means a si ngle permit that authorizes the construction and operation of a new mi nor source or the modification and operation of an existing minor source.

(e) "Modification" or "Modify" means a physical change in, or a change in the method of operation, of a minor source that increases the source’s potential to emit any regulated air pollutant.

(f) “New minor source” means any st ationary source that has had its application for an initial minor source permit authorizing its construction and operation declared complete pursuant to Section 12.1.3.3 after [the effective date of this rule].

(g) “Significant” means an increase at a minor source in the potential to emit of any of the follo wing pollutants at a rate that would equal or exceed any of the following:

Type of Air Pollutant Potential to Emit (tpy)

_ PM 10 7.5

CO 35

VOC 20

NO x 20

SO 2 40
Lead (Pb) 0.6

H 2 S 5
Total Reduced Sulfur (including H 2 S) 5

12.1.2 Emission Units and Activities Exempt from Permit Requirements

(a) Construction and operation of any emission units or performance of any of the activities listed in Secti ons 12.1.2(c) or 12.5.2.5 shall be exempt from the requirement to obtain a permit under Section 12 subject to the following requirements:

(1) The exempt emission units and activities shall be listed in the source’s application and permit;

(2) The exempt emission units and acti vities shall remain subject to any other applicable requirements; and

(3) The potential to emit of all ex empt units and activities shall be considered in determining if a st ationary source is required to obtain a permit pursuant to Secti ons 12.1, 12.2, 12.3, 12.4, or 12.5.Adopted 11-03-09 CC Air Quality Regulations 12.1-3 (b) If a stationary source, based on info rmation submitted by its owner or operator, is determined by the Control Officer to be an exempt stationary source, or is categorically exempt under paragraph (c), the owner or operator may request a le tter of exemption confirming that status. The letter shall list all exempt emission units and activities.

(c) The following emission units and activities are exempt from the permitting requirements of Section 12.1:

(1) A laboratory, which means a plac e or activity, such as a medical, analytical, or veterinary labor atory, devoted to experimental study or teaching or to the test ing and analysis of drugs, chemicals, chemical compounds, or other substances, or to similar activities, provided that these activities are conducted on a laboratory scale and not sold or distributed commercially. Support activities necessary to the operation of the laboratory are considered part of the laborator y. Support activities do not include the provision of power to the laboratory from emission units that provide power to multip le projects or that would otherwise require permitting, such as boilers providing power to a source or solid waste disposal units (such as incinerators);

(2) Production of hot water for us e by on-site personnel not related to any industrial or production process;

(3) Emissions associated with paved and unpaved roads and parking lots that have public access, as well as activities associated with the repair and maintenanc e of paved and unpaved roads, including paving or sealing, or both, of parking lots and roadways. Such activities and emissions are subject to the requirements of Sections 91 and 92 of these regulations;

(4) Temporary “padding” machi nes used on an underground utility project, including the engine that powers them, provided there is no crusher and the project is being performed under the conditions of a Dust Control Permit issued pursuant to Section 94;

(5) Temporary on-site demolition debris “grinders,” including the engine that powers them, provid ed the project is being performed under the conditions of a Dust Control Permit issued pursuant to Section 94;

(6) Temporary trenching machines, including the engine that powers them, provided t he project is being performed under the conditions of a Dust Control Pe rmit issued pursuant to Section 94;Adopted 11-03-09 CC Air Quality Regulations 12.1-4 (7) Temporary operations and experim ental trials that involve construction, reconstruction, or modi fication of a source or emission unit and that meet t he following criteria:

(A) The construction, reconstruction, or modification will not increase the affected stationary sour ce’s potential to emit in excess of the applicable major source threshold as defined in Section 12.2.2( ff) or 12.3.2(y);

(B) The cumulative potential to emit from the construction, reconstruction, or modification of an emission unit or a stationary source will not increase the cumulative potential to emit of the affected stationar y source by more than fifteen (15) tons of all regulated pollutants for the duration of the operation;

(C) The duration of the tempor ary operation or experimental trial is less than thirty (30) days of total operating time;

(D) If the construction, reconstruction, or modification activities are part of a soil or water remediation project, and their purpose is to identify paramet ers necessary to design the project, the activities are exem pt from permitting if their duration is less than twenty-four (24) hours or, as determined necessary by the Control Office r, a greater period, not to exceed seventy-two (72) hours, based on the nature of the activities;

(E) If the construction, reconstr uction, or modification would otherwise require a permit revi sion, the owner or operator shall provide the Control Office r written notice of the proposed construction, reconstructi on, or modification at least seven (7) days before it begins. The notice shall contain the following information:

(i) A description of the purpose of the construction, reconstruction, or modification.

(ii) A description of how t he construction, reconstruction, or modification is ex perimental or not part of the normal operation or produc tion of the facility or

source;

(iii) The dates the owner or operator anticipates the construction, reconstruction, or modification will begin, operations will begin, and operations will cease;Adopted 11-03-09 CC Air Quality Regulations 12.1-5 (iv) An estimate of the pot ential emissions increase and the estimated actual emissions increase resulting from the construction or reconstruction; and

(v) The equipment involved in the construction, reconstruction, or modification.

(F) If the construction, reconstr uction, or modification would otherwise require a permit revisi on, the owner or operator shall provide the Depa rtment with written notice of the proposed construction, reconstruction, or modification no more than seven (7) days after concluding the temporary operation or experimental trial. The notice shall contain the following information:

(i) The actual start date of the construction, reconstruction, or modification;

(ii) The duration of the te mporary operat ion or experimental trial; and

(iii) The actual emissions during the temporary operation or experimental trial.

(G) The exemption provided by Section 12.1.2(c)(7) shall notapply to facilities or sources whose normal course of business involves operations that are experimental in nature, part of pilot plants, or charac terized by frequent product changes.

12.1.3 Permit Application

12.1.3.1 Duty to Apply For and Obtain a Permit For New or Modified Existing Minor Sources

Except as provided in Section 12.1 .6, no person shall commence construction of, operate, or make a modificati on to a minor source except in compliance with a minor source permit that authorizes such construction, operation, or modification.

12.1.3.2 Timely Application

(a) An existing minor source that do es not have an initial minor source permit issued pursuant to Section 12. 1 prior to the effective date of this regulation may submit a permit application at any time after the effective date of this section, but shall submit a permit application within one hundred eighty (180) days of receipt of written notice from the Control Officer that an application is required.Adopted 11-03-09 CC Air Quality Regulations 12.1-6 (b) For purposes of permit renewal, a timely application is one that is submitted to the Control Officer at least one hundred twenty (120) days, but no more than two hund red seventy (270) days, before the date of permit expiration.

12.1.3.3 Complete Application

To be deemed complete, an application must contain all information required under Section 12.1.3.6. It must also be accompanied by payment of the applicable fee(s) established in Section 18. Unless the Control Officer determines that an application is not co mplete within sixty (60) days of receipt, the application s hall be deemed complete. If, while processing an application that has bee n deemed complete, the Control Officer determines that additional information is necessary to evaluate or take final action on the application, he or she may request such information in writing and set a reasonable deadline for its submission. Fa ilure to provide the additional information by the deadline could result in denial of the application.

12.1.3.4 Permit Application Shield

If an existing minor source submits a timely and complete application for continued operation under an initial minor source per mit or renewal of a minor source permit, the source’s failure to have the permit or renewal is not a violation of these regulati ons until the Control Office r takes final action on the application. This application shield shall cease to apply if, after a completeness determination, the applicant fa ils to submit any additional information identified as needed to proce ss the application by a deadline the Control Officer has specified in writing.

12.1.3.5 Duty to Supplemen t or Correct Application

Any applicant who fails to submit any re levant facts or submits incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submission, submit such supplementary facts or corrected information promptly. An applicant shall al so provide additional information as necessary to address any requirements that become applicable to the source after the date the applicant file s a complete application, but before release of a draft permit.Adopted 11-03-09 CC Air Quality Regulations 12.1-7 12.1.3.6 Application Contents

(a) A permit application for (1) a new minor source, (2) an existing minor source that has not been issued an initial permit, (3) the renewal of an existing minor source permit, (4) a voluntarily accepted emission limitation or standard, (5) a signifi cant permit revisi on to a minor source permit, or (6) a minor permit revision to a minor source permit shall contain the following information:

(1) Identifying information, incl uding but not limited to company name and address (and plant name and address, if different from the company name), owner or operator’s name and agent, email address, telephone number and name(s) of plant site manager/contact with associated email addresses and telephone numbers.

(2) A description of the source’s processes and products using the North American Industrial Class ification System (NAICS);

(3) The following emissions-related information:

(A) The potential to emit of a ll regulated air pollutants emitted from each emission unit.

(B) Identification and description, including but not limited to manufacturer, model, rating an d serial number of each emission unit in sufficient det ail to establish the applicable requirements;

(C) The following information, to the extent it is needed to determine or regulate emissions: f uels, fuel use, raw materials, material usage rates, production rates, and operating schedules;

(D) Identification and description of air pollution control equipment and compliance monitoring devices or activities, including design specifications;

(E) Any limitations on source oper ation affecting emissions or on any work practice standards affecting emissions;

(F) Other information required by any applicable requirement;

(G) The calculations on whic h the information in paragraphs (A) through (F) is based; and

(4) A justification for any exem ption sought from any otherwise applicable requirement;Adopted 11-03-09 CC Air Quality Regulations 12.1-8 (5) At the option of the applicant, a declaration that it wants the entire permit, or specifically ident ified permit conditions or applicable requirements, to be federally enforceable;

(6) A certification signed by the responsible official stating that, based on information and belief formed after reasonable inquiry, the statements and information in t he application are true, accurate, and complete. Signature of t he certification statement shall subject the applicant to liability under Nevada state laws forbidding false or misleading statements;

(7) For a new or modified source , a schedule of construction, if applicable;

(8) A list of emission limitations and other requirements applicable to the source; and

(9) A list of emission units or acti vities claimed as exempt under 12.1.2(c).

(b) In addition to the information requ ired by paragraph (a), if the application is for a new minor source that will have a potential to emit that is significant for any regulated air pollutant, a demonstration of RACT for the affected pollutant shall be proposed and shall include the methodology by which RACT was determined and how compliance with RACT will be demonstrated.

(c) In addition to the information requ ired by paragraph (a), if the application is for a modification to an existing minor source and requires a minor source significant permit revision pursuant to Section 12.1.6(a)(7), the application shall contain the following:

(1) A description and quantification of the increase in the potential to emit resulting from the modification;

(2) A description and quantification of actual emissions of all regulated air pollutants before and after the modification;

(3) A proposed RACT for each affected pollutant, the methodology by which RACT was determined and how compliance with RACT is to be demonstrated, incl uding material usage limits, performance testing, or continuo us emissions monitoring, if applicable; and

(4) A schedule of compliance, if applicable.

(d) In addition to the information requ ired by paragraph (a), if the application is for a voluntar ily accepted emission limitation, the applicantAdopted 11-03-09 CC Air Quality Regulations 12.1-9 shall demonstrate that the emission limitation to be imposed to avoid an applicable requirement is more stringent than any emission limitation that would otherwis e be applicable to that source, including those in the Nevada SIP.

(e) An application for a minor permit revision for a minor source shall contain the information necessary to demonstrate that the change qualifies as a minor permit revision pursuant to Section 12.1.6(b).

12.1.4 Permit Content

12.1.4.1 Terms and Conditions

A minor source permit issued by the C ontrol Officer shall include terms and conditions that contain all of the following:

(a) Identification of a ll applicable requirements;

(b) A physical description of each emi ssion unit or units and operating information consistent with the application information;

(c) Emission limitations for any sour ce or emission unit that ensure:

(1) The ambient air quality standards will be attained or maintained;

(2) The public health will be protected; and

(3) Compliance with the requirement s of these AQRs and the Act.

(d) Monitoring, testing, reporting, and recordkeeping requirements that ensure reasonable information is provided to evaluate compliance consistent with permit terms and c onditions, the underlying requirements of these regulations, and the Act. At a minimum, the following shall be contained in each minor source permit:

(1) The permit shall incorporate all applicable monitoring requirements, including, where applicable, the following:

(A) All emissions monitoring and analysis procedures or test methods required by any applicable requirement;

(B) Where an applicable requireme nt does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring specifications sufficient to yield reliable data from the re levant time period that are representative of the source ’s compliance with the permit. Such monitoring requirements shall ensure that terms, testAdopted 11-03-09 CC Air Quality Regulations 12.1-10 methods, units, averaging peri ods, and other statisticalconventions are consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; and

(C) As necessary, requirements concerning the use, maintenance and, where appropriate, in stallation of monitoring equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requi rements and require, where applicable, the following:

(A) Records of required monitoring information that include the following:

(i) The date, place, as listed in the permit, and time of sampling or measurements;

(ii) The date(s) analyses were performed;

(iii) The company or entity t hat performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions at the time of sampling or
measurement.

(B) Retention of records of a ll required monitoring data and support information for a period of at least five (5) years from the date of the monito ring sample, measurement, report, or application. Support info rmation includes, but is not limited to, all calibr ation and maintenance records, all original strip-chart recordings for continuous monitoring instrumentation, data from t he data acquisition system and copies of all reports required by the permit.

(3) With respect to reporting, the permit shall incorporate all applicable reporting requirements and require the following:

(A) Submittal of reports of any required monitoring at a frequency determined by the Control Officer. All instances of deviations from permit require ments must be clearly identified in such reports. All requi red reports must be certified by a responsible official consistent with section 12.1.4.1(m)(3).Adopted 11-03-09 CC Air Quality Regulations 12.1-11 (B) Prompt reporting of deviati ons from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. TheControl Officer shall define "prompt" in the permit in relation to the degree and type of deviation likely to occur and the applicable requirements.

(e) A requirement that any revision of an emission limitation, monitoring, testing, reporting, or recordkeepi ng requirement be made consistent with the permit revision requi rements in Section 12.1.6;

(f) Emission limitations and standards , including those operational requirements and limitations necessary to: (1) ensure compliance with any RACT determination, if one has been required; (2) ensure the source does not require a major source Authority to Construct or Part 70 Operating Permit; (3) ensure comp liance with all applicable requirements at the time of permit issuance; and (4) ensure that any ambient air increment as prescri bed by Section 12.2.3 is not exceeded.

(g) The following conditions shall also apply:

(1) The permit shall specify and reference the origin of and authority for each term or condition.

(2) If these regulations allow a determination of an alternative emission limit for a source (equivalent to that co ntained in these regulations) to be made in the permit issuance, renewal, or significant revision process, and the Control Officer elects to use this limit, any permit containing an alternative emission limit based on such an equivalency determination shall include provisions to ensure that the emi ssions limit has been demonstrated to be quantifiable, account able, enforceable, and based on replicable procedures.

(3) If emission limitations are to be applicable to startup and shutdown, they shall be addressed on a case-by-case basis in the permit. Such limitations shall be designed to minimize the frequency of such events and the ex cess emissions they cause to the extent feasible, taking into consideration available technologies, safety, cost, and other applic able requirements. The limitations shall specify the allowabl e duration of the startup or shutdown and the maximum total hours allowed for startup and shutdown in a 12 month period.

(h) A permit term not to exceed five (5 ) years from the date of issuance;Adopted 11-03-09 CC Air Quality Regulations 12.1-12 (i) A severability clause to ensure t he continued validity of permit requirements in the event of a chal lenge to any portion of the permit;

(j) A list of exempt activities pursuant to Section 12.1.2(c);

(k) A provision to ensure the source pays fees to the Control Officer consistent with the approved fee schedule in Section 18;

(l) Terms and conditions that allow for changes by the source among reasonably anticipated operating scenar ios identified in its application, as approved by the Control Officer. Such terms and conditions shall require the source:

(1) To record in a log at the permitted facility, while making a change from one operating scenario to another, the scenario under which the facility is operating; and

(2) For each such alternative operating scenario, to comply with all applicable requirements and the r equirements of this rule.

(m) Compliance testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit, including the following:

(1) The Control Officer may require st ack testing, monitoring, or reporting to assure compliance with all applicable requirements. Any monitoring or testing shall be performed in accordance with Section 12.8 or other methods approved by the Control Officer.

(2) As a condition of the issuance of the permit, that the owner or operator agrees to permit inspecti on of the premises to which the permit relates, including the location where records must be kept under the conditions of the permit, by any authorized representative of the Control Office r at any time during the permittee’s hours of operation withou t prior notice to perform the following:

(A) Have access to and copy any records that must be kept un der the conditions of the permit;

(B) Inspect any facilities, equipm ent (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(C) Sample or monitor substanc es or parameter s for the purpose of assuring compliance with the permit or applicable requirements; andAdopted 11-03-09 CC Air Quality Regulations 12.1-13 (D) Document alleged violations using devices such as cameras or video equipment.

(3) Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official of truth, accuracy, and completeness. This certification, and any other cert ification requir ed under this section, shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

(4) A permit renewal for an existing source shall include a schedule for compliance with any requirem ent with which the source is not in compliance at the time of permit issuance. This shall include a schedule of remedial meas ures, including an enforceable sequence of actions (with milestones) leading to compliancewith any requirements with which the source was not in compliance at the time of permit issuance. This compliance schedule shall resemble, and be at least as stringent as, that contained in any judicial consent decree or administrative order the source is subject to. Any such schedule shall be supplemental to, and shall not sanction no ncompliance with, the applicable requirements on which it is based.

(5) The permit shall include any other compliance provisions the Control Officer may require.

(n) If the permit is for a new minor sour ce or a modification to an existing minor source that requires a sign ificant permit revision, the permit shall require that the permittee prov ide a written notice to the Control Officer no later than thirty (30) days prior to commencing operation that:

(1) The source as constructed or modified is the same as the source or modification authorized by the permit or revision; or

(2) The source as constructed or mo dified differs from the source or modification authorized by the pe rmit or revision issued, and the differences are listed and described. A source may be subject to enforcement action as a result of differences between the permitted and constructed source.

(3) If the permit is for a new source or modification to an existing source that requires no additi onal construction, then the owner or operator shall, as part of th e application, provide the notice specified in paragraph (1) or (2) at the time the application is deemed complete. In a situation involving a transfer in owner-Adopted 11-03-09 CC Air Quality Regulations 12.1-14 ship of the air quality permit, t he requirements of Section 12.12 shall apply.

(o) A condition stating t hat it shall not be a defense for a permittee in an enforcement action that it would have been nece ssary to halt or reduce the permitted activity in order to maintain compliance with the conditions in a permit issued pursuant to Section 12.1.

(p) A condition stating that the pe rmit may be modified, revoked, reopened and reissued, or terminated fo r cause by the Control Officer. The filing of a request by the permi ttee for a permit modification, termination, or of a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

(q) Each issued permit shall include provisions specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit may be reopened and revised under any of the following circumstances:

(1) Additional requirements (inc luding excess emissions requirements) become applicable to an a ffected source under the acid rain program. Upon approval by the Control Officer, excess emissions offset plans shall be deemed to be incorporated into the permit.

(2) The Control Officer determines that the permit contains a material mistake or that inaccura te statements were made in establishing the emissions standards or other terms or conditions of the permit.

(3) The Control Officer determines th at the permit must be revisedor revoked to assure compliance with the applicable requirements.

(4) Proceedings to reopen and issue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

(r) The permittee must comply with all conditions of the permit. Any permit noncompliance constitutes a vi olation of these regulations and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

(s) The permit does not convey any property rights of any sort, or any exclusive privilege.Adopted 11-03-09 CC Air Quality Regulations 12.1-15 (t) The permittee shall furnish to t he Control Officer, within a reasonable time, any information that the Cont rol Officer may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Control Officer copies of records r equired to be kept by the permit or, for information claimed to be confi dential, the permittee may furnish such records directly to the Contro l Officer along with a claim of confidentiality pursuant to Section 12.6.

(u) Include a condition that any person who has been issued a permit pursuant to this section shall post such permit in compliance with the requirements of Section 12.13

(v) Include a condition that the permi t shall not waive, or make less stringent, any limitations or require ments contained in or issued pursuant to the Nevada SIP, or that are otherwise federally enforceable.

(w) The Control Officer may impose addi tional conditions necessary to ensure compliance with any applicable requirement.

12.1.4.2 Acknowledgment of Responsibility for Compliance

The permit shall contain a statement that the permittee’s commencement of operation constitutes an acknowledgment that the permittee assumes the responsibility of ensuring that the s ource’s emission units and emission control equipment have been constructed and will be operated in compliance with all applicable requirements.

12.1.5 Permit Application Processing Procedures

12.1.5.1 Action on Application

(a) A new minor source permit, signifi cant permit revision, or permit renewal may be issued only if all of the following conditions have been
met:

(1) The Control Officer has received a complete application as prescribed by Section 12.1.3.3,

(2) The Control Officer has comp lied with the requirements for public participation under Section 12.1.5.3 as applicable;

(3) The Control Officer has determi ned that the conditions of the permit provide for compliance with all applicable requirements; andAdopted 11-03-09 CC Air Quality Regulations 12.1-16 (4) The Control Officer has determined that the source or emission units will not interfere with atta inment and maintenance of the NAAQS, and has imposed emissi on limitations in accordance with Sections 12.1.4. 1(c) and 12.1.4.1(f).

(b) Following the close of the public participation process prescribed by Section 12.1.5.3, the Control Officer shall issue or deny the permit or significant permit revision. The Cont rol Officer shall deny a permit or significant permit revision if the appl icant fails to demonstrate that the source will be designed, controll ed, and operated in a manner that meets all applicable requirements.

(c) If the Control Officer denies the permi t or significant permit revision, a notice of denial shall be served on the applicant by certified mail. The notice shall detail the grounds for denial and describe the applicant’s right to appeal the denial under Section 7.

(d) If the Control Officer issues the pe rmit or significant permit revision, the new or revised permit shall be provided to the applicant. The permit or revision becomes effective upon issuance unless stayed by the Air Pollution Cont rol Hearing Board.

12.1.5.2 Permit Processing Deadlines

The Control Officer shall either issue or deny the actions listed in the table below within the fo llowing deadlines, commenc ing after the date on which the application is determined to be complete. These time frames are exclusive of the days required for public participation, as specified in Section 12.1.5.3.

Action Deadline
(1) Permit for a new minor source 150 days (2) Initial permit for an existing minor source issued under Section 12.1 75 days

(3) Permit renewal 75 days
(4) Significant permit revision 120 days

12.1.5.3 Public Participation

(a) Notice of Proposed Action.

(1) After receipt of a complete application for (1) a new minor source with a potential to emit an y pollutant that exceeds 50 tpy for CO; 40 tpy for VOCs, SO 2 , or NO X ; 15 tpy for PM 10 ; or 0.6 tpy for lead; (2) a new minor source that will be located within 1,000 feet of t he outer boundary of a school, hospital, or residential area; or (3) a significant permit revision that is required because of a significant increase in an existing minor source’sAdopted 11-03-09 CC Air Quality Regulations 12.1-17 potential to emit, the Control Offi cer shall publish in a newspaper of general circulation within Clark County, Nevada, and on the Department’s web site, a Noti ce of Proposed Action on the application containing the following:

(A) The name and address of t he permittee or permit applicant and, if different, of the fac ility regulated by the permit;

(B) The date the Control Officer received the completed application;

(C) The location where documents relevant to the application, including the application, the proposed permit conditions,and determinations of RACT, if applicable, will be available;

(D) The nature of the source involved in the permit action;

(E) The pollutants to be emi tted by the source and the projected quantities of those pollutants;

(F) The name, address, and te lephone number of the Department representative whom in terested persons may contact for instructions on how to obtain additional information, such as a copy of the draft permit, the statement of basis, the application, relevant supporting materials, and other materials available to the Cont rol Officer that are relevant to the permitting decision;

(G) The location of the administrative record, the times at which the record will be open for public inspection, and a statement that all data subm itted by the applicant (except confidential information, in accordance with Section 12.6) are available as part of the administrative record;

(H) The Control Officer’s prelim inary determinati on whether theapplication for a permit should be approved or disapproved;

(I) An opportunity for any pers on to submit written comments on the application for a pe rmit and any relevant documents; and

(J) An opportunity for any pers on to request a public hearing, consistent with the requirem ents of subsection (b) below, at which oral and written co mments on the application will be received, or notice of su ch a hearing if one has been scheduled.Adopted 11-03-09 CC Air Quality Regulations 12.1-18 (2) All written comments must be received by the Control Officer within thirty (30) days from the pub lication date of the Notice of Proposed Action.

(3) The Control Officer shall consi der all written and oral comments, and all other documents on the adm inistrative record, before taking final action on the permit.

(4) The Control Officer shall send a copy of the Notice of Proposed Action to the applicant and to o fficials and agencies having jurisdiction over the location where the proposed construction would occur, including:

(A) The U.S. Environmental Pr otection Agency (EPA), if requested, except that the Notice of Proposed Action (NPA) shall be sent to EPA if the s ubject of the NPA is a voluntarily accepted emission limit pursuant to Section 12.1.7 that an applicant requests to avoid having to obtain a Part 70 Operating Permit ; and

(B) Any other person who requests such notice.

(b) During the Notice of Proposed Action public comment period specified in paragraph (a)(2), any person may petition the Control Officer in writing for a public hearing. All su ch petitions shall contain the petitioner’s name, address, daytime telephone number, email address, and reason for requesting a hearing.

(1) If a proper petition is filed and the Control Officer determines that there is a significant degree of public interest, the Control Officer shall hold a public hear ing no sooner than thirty (30) days, but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Cont rol Officer shall consider all relevant factors, including, but not limited to, the number of petitioners, the nature of their concer ns as stated in their petitions, the type and quantity of emission s emitted by the source and the proximity of the source to sensitive areas such as parks, schools, hospitals or residential areas.

(2) The petitioner and the applicant s hall receive at least seven (7) days’ prior written notice of the date and location of the public hearing. If the petition for hearing is denied, the Control Officer shall notify the petitioner within 30 days of receipt of the petition.

(c) An existing minor source that ha s applied for its initial minor source permit pursuant to Section 12.1 shall only be subject to the public participation requirements of Sect ion 12.1.5.3, paragraphs (a) andAdopted 11-03-09 CC Air Quality Regulations 12.1-19 (b), if the source’s PTE exceeds one or more of t he following: 50 tpy for CO; 40 tpy for VOCs, SO 2 , and NO x ; 15 tpy for PM 10 and 0.6 tpy for lead.

(d) An existing minor source that has applied for an init ial minor source permit pursuant to Section 12.1 and has a PTE below all the air pollutant thresholds listed in paragraph (c) shall have the proposed permit or permit revision posted on the Department’s website for a period of thirty (30) days, durin g which any person may submit comments to the Control Officer on th ose provisions in the proposed permit that differ from conditions in the source’s existing permit. The Control Officer shall consider such comments in determining the final language of the permit.

12.1.5.4 Permit Transfers

A minor source permit issued under Se ction 12.1 may be transferred from the existing permittee to a new permittee if the applicable permit transfer fee is paid pursuant to Section 18 and all t he applicable requirements of Section 12.12 are met.

12.1.6 Revisions to an Ex isting Minor Source Permit

(a) Significant Permit Revision. The following changes at a minor source require a significant permit revision and are subject to the permit application requirements in Section 12.1.3 and the public participation requirements in Section 12.1.5.3:

(1) Establishing or revising a vo luntarily accepted emission limitation or standard, as descr ibed in Section 12.1.7;

(2) A change in fuel not authorized by the permit, except for a switch from fuel oil or coal to natural gas or propane;

(3) A change that relaxes monitoring , testing, recordkeeping, or reporting requirements, except when the change results from:

(A) Equipment removal that results in a permanent decrease in actual emissions, if the source keeps on-site records of the change in a log that meets the requireme nts of paragraph (e) below and if the relaxed requirements in the permit apply solely to the equipment that was removed; or

(B) A change in an applicable requirement.

(4) A change that will cause the s ource to violate an existing applicable requirement if the permit was not revised.Adopted 11-03-09 CC Air Quality Regulations 12.1-20 (5) A change that will requir e any of the following:

(A) Except for a RACT dete rmination required by Section 12.1.6.(a)(7), a case-by-case determination of an emission limitation or other standard;

(B) A source-specific determinatio n of ambient impacts, or a visibility or increment analysis; or

(C) A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.

(6) Replacement of a piece of air pollution control equipment listed in the permit with one that the permittee cannot demonstrate will have the same or better pollutant removal efficiency. In determining the comparative removal e fficiency of air pollution controlequipment, the Control Officer shall rely upon relevant performance testing results, v endor performance guarantees, and emissions factors or data that m eet the requirem ents of Section 12.9(c).

(7) A modification that increases the source’s potential to emit a regulated air pollutant by an amoun t equal to or exceeding a significant increase. The modification shall apply RACT to each emissions unit to which the incr ease applies except the following emission increases are exempt:

(A) Emissions of a regulated air pol lutant that are subject to an emissions standard pr omulgated by the Administrator under Section 112 of the Act a fter November 15, 1990; and

(B) Emissions from an emissi ons unit subject to a general permit issued under Section 12.11 that establishes RACT.

(b) Minor Permit Revision. Making any of the changes listed in paragraphs (2)(A) through (E) at a minor source requires a minor permit revision.

(1) Within thirty (30) days of t he Control Officer’s receipt of an application for a minor permit revi sion pursuant to paragraph (2), the Control Officer shall:

(A) Issue the minor revision as proposed;

(B) Deny the minor revision because:

(i) It does not qualify as a minor permit revision because it is a significant permit revision;Adopted 11-03-09 CC Air Quality Regulations 12.1-21 (ii) It does not otherwise qualif y as a minor permit revision under the criteria in paragraph (b) above; or

(iii) There is insufficient in formation to determine if it qualifies as a minor permit revision.

(C) Amend and issue the revised minor source permit.

(2) The changes below may be im plemented seven (7) calendar days after filing a complete app lication on a form obtained from the Control Officer. The applic ation shall specify how the change qualifies as a minor permit revision under this section and propose language for the permit revision sought. No change listed in this section shall proceed if the Control Officer objects within the 7 day waiting period.

(A) Increasing operating hours or rates of production above the permitted level, any other physical change or change in method of operation t hat will result in an increase in the source’s PTE that is less than the significant levels listed in Section 12.1.1(g).

(B) A change in fuel from fuel o il or coal to natural gas or propane, if not authorized in the permit;

(C) A change that results in emissions subject to any new or revised monitoring, recordk eeping, or reporting requirement that is not already in the permit if the revision proposes monitoring, recordkeeping, and/or reporting that provides the requir ed quantification; or

(D) Replacement of an item of air pollution control equipment listed in the permit with one that has the same or better efficiency, but that employs a different technology or substantially different design. The application for the minor permit revision must demonstrat e the efficiency of the replacement air pollution control equipment.

(c) Administrative Permit Revision. The following changes at a minor source require a permit revision, but are considered administrative and occur automatically upon notice to the Control Officer. These changes are not subject to the revision processes in Sections 12.1.6(a) and (b):

(1) Corrects typographical errors;

(2) Identifies a change in the nam e, address, or phone number of any person identified in the permi t, or provides a similar minorAdopted 11-03-09 CC Air Quality Regulations 12.1-22 administrative change at the sour ce (except transfers of ownership, which are subject to the requirements of Section 12.12);

(3) Requires more frequent monito ring or reporting by the permittee;

(4) Incorporates newly applicable requirements that become newly applicable because of an amendment to an existing rule or adoption of a new rule;

(5) Incorporates alternative test ing or compliance monitoring requirements that have received t he Administrator's approval under 40 CFR Part 60, Pa rt 61, or Part 63;

(6) Incorporates newly applicable monitoring or testing requirements specified in 40 CFR Part 60, Part 61, or Part 63 that apply because of a change in applic ability of those requirements to the source, including removal fr om the permit of monitoring or testing requirements that no long er apply as a result of the change; or

(7) Incorporates test methods or monitoring requirements specifiedin an applicable requirement that the source may use as an alternative to the testing or moni toring requirements in the permit.

(8) An administrative revision to a permit condition adopted pursuant to Title IV of the Act shall be governed by regulations promulgated by the Admi nistrator under Title IV.

(d) Changes That Can Be Made With Prior Notice. The following changes at a minor source may be made without a permit revision if the source provides prior written notice of the change on a form specified by the Control Officer by the deadlines specifie d in the applicable paragraph below. No change list ed under this section shall proceed if the Control Officer objects within the applicable waiting period.

(1) Replacing an item of air polluti on control equipment listed in the permit with one that is not identical , but is substantially similar and has the same or better pollut ant removal efficiency: thirty (30) days after the date of receipt of the written notice by the Department. The Control Officer ma y require a verification of the efficiency of the new equipm ent by performance tests;

(2) A physical change, or a change in the method of operation, that increases actual emissions less t han ten (10) percent of the applicable major source threshold fo r the air pollutant(s) emitted, but does not increase the source’s potential to emit: seven (7)Adopted 11-03-09 CC Air Quality Regulations 12.1-23 days after the date of receipt of the written notice by the Control Officer.

(3) A change that would trigger an applicable requirement that already exists in the permit: thirty (30) days after the date of receipt of the written notice by the Control Officer, unless otherwise required by the applicable requirement;

(4) A change that amounts to reconstr uction of the source or an individual emission unit, unless th e reconstruction triggers a new applicable requirement: seven (7) days after the date of receipt of the written notice by the Control Officer. For purposes of this requirement, reconstruction of a s ource or an emission unit shall be presumed if the fixed capita l cost of the new component(s) exceeds fifty (50) percent of the fixed capital cost of a comparable entirely new source or emission unit; or

(5) A change that will result in the emissions of a new regulated air pollutant above an applicable regulat ory threshold, but that does not trigger a new appli cable requirement for that source category: thirty (30) days after the date of receipt of the written noticeby the Control Officer. For purposes of this requirement, the applicable regulatory threshold for a regulated air pollutant shall be ten (10) percent of t he applicable major source threshold for that pollutant.

(e) Changes That Can Be Ma de With On-Site Logging. The following changes may be made at a minor source if the source maintains an on-site record or log of the changes on a form obtained from the Control Officer:

(1) Implementing an alternative operating scenario provided for in the permit, including ra w material changes;

(2) Changing process equipment or operating procedures, or making any other physical change, if the permit requires the change to be logged;

(3) Adding any emission unit or activi ty listed in Section 12.1.2; or

(4) Replacing an item of air polluti on control equipment listed in the permit with an identical (i.e., same model, different serial number) item. The Control Officer may r equire verification of the efficiency of the new equipment by performance tests.

(f) The Control Officer may revise a permit annually for a minor source without notice or public input to in corporate changes in notices filedAdopted 11-03-09 CC Air Quality Regulations 12.1-24 pursuant to paragraphs (c) and (d) above and information contained in on-site records or logs main tained pursuant to paragraph (e).

(g) Any modification at a minor source that results in an increase in PTE equal to or greater than the emissi ons of a major st ationary source (as defined in Sections 12.2 and 12.3) is subject to the applicable permit requirements in Section 12.4, as well as those in Sections 12.2 and/or 12.3.

(h) In the event that a change to a mi nor source may correspond to more than one category of revision or change listed in this section, the category of revision or change impos ing the more stringent requirements shall apply.

12.1.7 Permits Containing Voluntarily Accepted Emission Limitations and Standards

(a) A source may voluntarily propose in its application, and accept in its permit, emission limitations or ot her standards that are permanent, quantifiable, enforceable as a prac tical matter, and more stringent than an otherwise applicabl e requirement to avoi d being subject to a major source New Source Review un der Sections 12.2 or 12.3; having to obtain a Part 70 Operating Permit under Section 12.5; becoming a major Hazardous Air Pollutants (HAPs) source; being subject to RACT; or meeting other applicable re quirements. For the purposes of this section, “enforceable as a pr actical matter” shall mean that the permit meets the following criteria:

(1) The permit conditions ar e permanent and quantifiable;

(2) The permit includes a legally enforceable obligation to comply;

(3) The limits impose an objective and quantifiable operational or production limit, or require the use of in-place air pollution control equipment;

(4) The permit limits have short-te rm averaging times consistent with the averaging times of the applicable requirement;

(5) The permit conditions are enf orceable and indep endent of any other applicable limitations; and

(6) The permit conditions for moni toring, recordkeeping, reporting, and testing to determine complianc e as specified in Section 12.1.4.1(d).Adopted 11-03-09 CC Air Quality Regulations 12.1-25 (b) A source that proposes a voluntar ily accepted emission limitation or other standard shall comply with the requirements of Section 12.1.3.6(d).

(c) Because the addition of a voluntarily accepted emission limitation or standard requires a significant permit revision, the public participation procedures set forth in Section 12.1 .5.3 shall be followed for sources requesting a voluntarily accepted em ission limitation or standard.

History: Adopted November 3, 2009Amended 11-16-10 CC Air Quality Regulations 12.2-i SECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT AREAS (PREVENTION OF SIGNIF ICANT DETERIORATION)

12.2 Prevention of Significant Deterior ation in Attain ment Areas ................................. 1 12.2.1 Applicability Pr ocedures ....................................................................... 1 12.2.1.1 Preconstruction Review Requirements ........................... 1 12.2.1.2 Construction of Major Stationary Sources or Modificati ons ................................................................... 1 12.2.1.3 Authority to Construct Permit Require ment ..................... 1 12.2.1.4 Projects ........................................................................... 1 12.2.1.5 Major Sources with Plantwide Applicability Limitations ... 2 12.2.1.6 Existing Emission Un it Projects ....................................... 2 12.2.1.7 Availability of Information ................................................ 4 12.2.1.8 Secondary Emissions ...................................................... 4 12.2.2 Definitions ............................................................................................. 4 12.2.3 Ambient Air In crement s ...................................................................... 26 12.2.4 Ambient Air Ceilings ........................................................................... 27 12.2.5 Restrictions On Area Classifications ................................................... 27 12.2.5.1 Class I Ar eas ................................................................. 27 12.2.5.2 Redesignation of Cla ss I Areas ..................................... 27 12.2.5.3 Class II Ar eas ................................................................ 27 12.2.5.4 Redesignating Areas ..................................................... 27 12.2.5.5 Exclusions from Incr ement Consum ption ...................... 28 12.2.6 Redesignat ion .................................................................................... 29 12.2.6.1 Clark Coun ty ................................................................. 29 12.2.6.2 Requirem ents ................................................................ 29 12.2.6.3 Reserved ....................................................................... 31 12.2.6.4 Administrator Approval .................................................. 31 12.2.6.5 Resubmitting Disappr oved Propos al ............................. 31 12.2.7 Stack Heig hts ..................................................................................... 31 12.2.7.1 Emission Limi tation ....................................................... 31 12.2.7.2 Time Fr ame ................................................................... 31 12.2.7.3 Stack Height Limitati on ................................................. 32 12.2.8 Exemptio ns ......................................................................................... 35 12.2.8.1 Nonattainment Areas .................................................... 35 12.2.8.2 Class I Ar eas ................................................................. 36 12.2.8.3 Class II Ar eas ................................................................ 36 12.2.8.4 Threshold Li mits ............................................................ 36 12.2.9 Control Technolog y Review ................................................................ 37 12.2.9.1 Major Stationar y Source s .............................................. 37 12.2.9.2 Major Modifi cations ....................................................... 37 12.2.9.3 Phased Constructi on Projec ts ....................................... 37 12.2.10 Source Impact Analysi s ...................................................................... 37 12.2.10.1 Demonstration of Impact ............................................... 37Amended 11-16-10 CC Air Quality Regulations 12.2-ii 12.2.10.2 Violation of Standar d ..................................................... 38 12.2.11 Air Quality Models .............................................................................. 38 12.2.11.1 Model Applic ability ........................................................ 38 12.2.11.2 Model Modifications a nd Substitu tions .......................... 38 12.2.12 Air Quality Analysis ............................................................................. 39 12.2.12.1 Preapplication Analysis ................................................. 39 12.2.12.2 Post-Construction Monitori ng ........................................ 40 12.2.12.3 Operations of Moni toring Stat ions ................................. 40 12.2.13 Source Info rmation ............................................................................. 40 12.2.13.1 Required Info rmation..................................................... 40 12.2.13.2 Information on Air Q uality Impac ts ................................ 40 12.2.14 Additional Impac t Analyse s ................................................................ 41 12.2.14.1 Visibility, Soils, and Vegetat ion ..................................... 41 12.2.14.2 Commercial, Residential, Indus trial, and Other Growth 41 12.2.15 Additional Requirements for Sour ces Impacting Class I Areas .......... 41 12.2.15.1 Notice to EPA ................................................................ 41 12.2.15.2 Federal Land Manager .................................................. 41 12.2.15.3 Impact of Denial on Air Q uality-Related Values ............ 42 12.2.15.4 Class I Vari ances .......................................................... 42 12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s Conc urrence ................................................ 43 12.2.15.6 Variance by the Governor with the President’s Concurre nce ................................................................. 43 12.2.15.7 Emission Limitations for Pres idential or Gubernatorial Varianc e ........................................................................ 43 12.2.16 Public Partic ipatio n ............................................................................. 44 12.2.16.1 Notice of Proposed Action ............................................. 44 12.2.16.2 Distribution of Notice ..................................................... 46 12.2.16.3 Public Hear ings ............................................................. 46 12.2.16.4 Time Fr ame ................................................................... 46 12.2.16.5 Comments and A pprovals ............................................. 46 12.2.16.6 Enhanced Public Partici pation Proced ures ................... 47 12.2.17 Source Obli gation ............................................................................... 47 12.2.17.1 Enforcem ent .................................................................. 47 12.2.17.2 Terminatio n ................................................................... 47 12.2.17.3 Complianc e ................................................................... 48 12.2.17.4 Relaxation in Enforcea ble Limita tions ........................... 48 12.2.18 Innovative Contro l Technol ogy ........................................................... 48 12.2.18.1 Request for A pproval .................................................... 48 12.2.18.2 Requirements for Approval ........................................... 48 12.2.18.3 Withdrawal of Approval ................................................. 49 12.2.18.4 BACT Extension for Failure or Withdrawal .................... 49 12.2.19 Plantwide Applicability Limits (P ALs) .................................................. 49 12.2.19.1 Applicab ility ................................................................... 50 12.2.19.2 Definiti ons ..................................................................... 50 12.2.19.3 Permit Application Requirem ents .................................. 52Amended 11-16-10 CC Air Quality Regulations 12.2-iii 12.2.19.4 General Requirements for Establishing PALs ............... 52 12.2.19.5 Public Participation Requirements for PALs .................. 53 12.2.19.6 Setting the 10-year Ac tuals PAL Level .......................... 53 12.2.19.7 Contents of a Part 70 Operat ing Permit Containing a PAL ...................................................................................... 54 12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit ...................... 55 12.2.19.9 Expiration of a PAL ....................................................... 56 12.2.19.10 Renewal of a PAL ......................................................... 57 12.2.19.11 Increasing a PAL during the PAL Effective Period ........ 58 12.2.19.12 Monitoring Requirem ents for PALs ............................... 60 12.2.19.13 Recordkeeping Re quirements ....................................... 62 12.2.19.14 Reporting and Notification Requirements ...................... 63 12.2.19.15 Transition Requ irements ............................................... 64 12.2.20 Invalidat ion ......................................................................................... 65

LIST OF TABLES

Table 12.2-1. Increment Li mits ................................................................................. 26 Table 12.2-2. Air Quality Impac t Limits ..................................................................... 36 Table 12.2-3. Significance Levels ............................................................................. 38 Table 12.2-4. Maximum Allowable Poll utant Incr eases ............................................ 42 Table 12.2-5. Maximum Allowable Increase ( μ g/m 3 ) ................................................ 44Amended 11-16-10 CC Air Quality Regulations 12.2-1 12.2 Prevention of Significant Deteri oration in Attainment Areas

12.2.1 Applicability Procedures

12.2.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.2 shall apply to the construction of any new major stationary source, or any project at an existing major stationary source, within the lim its set forth in Section 12.2.1.4, in an area designated as attainment or unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) of the Act.

12.2.1.2 Construction of Major Stat ionary Sources or Modifications

The requirements of Sections 12.2.9 through 12.2.17 apply to the construction of any new major stationary source, or the major modifi cation of any existing major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Cons truct Permit Requirement

No new major stationary source or majo r modification to which the requirements of Sections 12.2.9 through 12.2. 17 apply shall begin actual construction without an Authority to Construct Permit issued pursu ant to Section 12.4 that states that the major stati onary source or major modification will meet those requirements.

12.2.1.4 Projects

The requirements of Section 12.2 apply to projects at major stationary sources in accordance with the principl es set out in paragraphs (a) through (e) below:

(a) Except as otherwise pr ovided in Section 12.2.1.5, a project is a major modification for a regulated NSR polluta nt if it causes two (2) types of emissions increases: a significant emissions increase, and a significant net emissions increas e. The project is not a major modification if it does not cause a significant em issions increase. If the project causes a significant emissions incr ease, then the project is a major modification only if it also result s in a significant net emissions increase.

(b) The procedure for calculating (b efore beginning actual construction) whether a significant emissions in crease will occur depends upon the type of emissions units being added or modified as part of the project, according to paragraphs (c) through (e) of Section 12.2.1.4. The procedure for calculating (bef ore beginning actual construction) whether a significant net emissions increase will occur at the majorAmended 11-16-10 CC Air Quality Regulations 12.2-2 stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-Projected-Actual Appli cability Test for Projects that only involve Existing Emissions Units. A significant emissions increase of a regulated NS R pollutant is projected to occur if the sum of the difference between the proj ected actual emissions and the baseline actual emissions for each existing emission s unit equals or exceeds the significant am ount for that pollutant.

(d) Actual-to-Potential Test for Proj ects that Only Involve Construction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollut ant is projected to o ccur if the sum of the difference between the potential to emit from each new emissions unit following completion of the pr oject and the baseline actual emissions of these units before the pr oject equals or exceeds the significant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions in crease of a regulated NSR Pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraph (c) or (d) of Section 12.2.1.4, as app licable with respect to each emissions unit, equals or exceeds the signi ficant amount for that pollutant.

12.2.1.5 Major Sources with Plan twide Applicability Limitations

For any major stationary source for a Plantwide Applicab ility Limitation (PAL) for a regulated NSR po llutant, the major stationary source shall comply with the requirement s under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply w hen a project occurs at an existing emissions unit at a major stationary s ource, other than a s ource with a PAL,and the project is not a part of a major modification, and the owner or operator elects to use the method specifi ed in paragraphs (1)(A-D) of the definition of projected actual emission s, found in Section 12.2.2(nn).

(a) Before beginning actual construc tion of the project, and as a condition of the source's Authority to Construct Permit, the owner or operator shall document and maintain a reco rd of the following information:

(1) A description of the project;Amended 11-16-10 CC Air Quality Regulations 12.2-3 (2) Identification of t he emissions unit(s) whose emissions of a regulated NSR pollutant could be a ffected by the project; and

(3) A description of the applicability test used to determine that the project is not a major modificati on for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1)(C) of the definition of projected actual emissions, as found in Section 12.2.2(nn) and an explanation for why such amount was excluded, and any netting calculations if applicable.

(b) If the emissions unit is an exis ting emissions unit, before beginning actual construction, the owner or oper ator shall provide a copy of the information set out in Section 12.2.1.6( a) to the Control Officer. Nothing in this paragraph shall be cons trued to require the owner or operator of such a unit to obtain any determination from the Control Officer before beginning actual construction.

(c) The owner or operator shall moni tor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit i dentified in Section 12.2.1.6(a)(2); and calculate and maintain a record of the annual emissions, in tpy, for a period of five (5) years fo llowing resumption of regular operations after the change, or for a pe riod of ten (10) years following resumption of regular operations afte r the change if the project increases the design capacity of or potential to emit that regulated NSR pollutant at any emissions unit.

(d) If the emissions unit is an existi ng electric utility steam generating unit, the owner or operator shall s ubmit a report to the Control Officer within sixty (60) days a fter the end of each calendar year during which records must be generated under Section 12.2.1.6(c) setting out the unit’s annual emi ssions during the calendar year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer if the annual emissions, in tpy, from the project identified in Section 12.2. 1.6(a) exceed the baseline actual emissions (as documented and main tained pursuant to Section 12.2.1.6(a)(3)) by a significant am ount for that regulated NSR pollutant, and if such emissions differ fr om the projected actual emissions (prior to exclusion of the amount of emissions under the definition of projected actual emissions) as documented and ma intained pursuant to Section 12.2.1.6(a)(3). Such r eport shall be submitted to the Control Officer within sixty (60) days a fter the end of such year. The report shall contain the following:Amended 11-16-10 CC Air Quality Regulations 12.2-4 (1) The name, address, and teleph one number of the major stationary source;

(2) The annual emissions, as calculated pursuant to Section 12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to include in the report (e.g., an explanat ion as to why the emissions differ from the precons truction projection).

12.2.1.7 Availability of Information

The owner or operator of the source shall make the information required to be documented and maintained pursuant to Section 12.2.1. 6 available for review upon a request for inspection by the Control Officer.

12.2.1.8 Secondary Emissions

Secondary emissions shall not be cons idered in determining whether a stationary source would qualify as a majo r stationary source. If a stationary source is subject to Section 12.2 on t he basis of the direct emissions from the stationary source, the requirement s of Section 12.2.10, but no other provisions of Section 12.2, must also be met for secondary emissions.

12.2.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.2. When a term is not defined in these paragraphs, it sha ll have the meaning given in Section 0, or the Act, in that order of priority.

(a) “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with this definition.

(1) In general, actual emissions as of a particular date shall equal the average rate, in tpy, at wh ich the emissions unit actually emitted the regulated NSR pollut ant during a consecutive 24- month period which precedes the particular date and which is representative of normal source operation. The Control Officer shall allow the use of a differ ent time period upon a determination that it is more representat ive of normal so urce operation. Actual emissions shall be calcul ated using the unit’s actual operating hours, production ra tes, and types of materials processed, stored, or combust ed during the selected time period.Amended 11-16-10 CC Air Quality Regulations 12.2-5 (2) The Control Officer may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(3) For any emissions unit that has not begun normal operations on the particular date, actual emissi ons shall equal t he potential to emit of the uni t on that date.

(4) This definition shall not apply for calculating whether a significant emissions increase has occurr ed, or for establishing a PAL. Instead, projected actual emissi ons and baseline actual emissions shall apply for those purposes.

(b) “Allowable emissions” means the emissions rate of a stationary source calculated using the maximu m rated capacity of the source (unless the source is subject to practicably enforc eable limits which restrict the operating rate, or hour s of operation, or both) and the most stringent of the following:

(1) Any applicable standards set fo rth in these AQRs and 40 CFR Parts 60, 61 or 63;

(2) Any applicable emission limitatio n in the Nevada SIP, including those with a future compliance date; or

(3) The emissions rate specified as a practicably enforceable permit condition, including those with a future compliance date.

(c) “Baseline actual emissions” means t he rate of emissions, in tpy, of aregulated NSR pollutant, as determined in accordance with paragraphs (1) through (4) of this definition.

(1) For any existing electric ut ility steam generating unit, baseline actual emissions means the aver age rate, in tpy, at which the unit actually emitted the pollutant during any consecutive 24- month period selected by the owner or operator within the 5- year period immediately preceding when the owner or operator begins actual construction of t he project. The Control Officer shall allow the use of a differ ent time period upon a determination that it is more representat ive of normal source operation.

(A) The average rate shall inclu de fugitive emissions to the extent quantifiable, and emissions associated with startups and shutdowns, except emissi ons from a shutdown associated with a malfunction.

(B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while theAmended 11-16-10 CC Air Quality Regulations 12.2-6 source was operating above any emission limitation that was legally enforceable duri ng the consecutive 24-month period.

(i) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with wh ich the major stationary source must comply as of the particular date, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. For the purposes of determining baseline actual emissions for contemporaneouschanges pursuant to paragraph (ii)(1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limi tation is part of a Maximum Achievable Control Te chnology standard that the Administrator propos ed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the st ate of Nevada has taken credit for such emissions r eductions in an attainment demonstration or maintenance plan, consistent with the requi rements of 40 CFR 51.165(a)(3)(ii)(G).

(C) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to dete rmine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

(D) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions , in tpy, and for adjusting this amount if required by par agraph (1)(B) of this definition.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tpy, at which t he emissions unit actually emitted the pollutant during any consec utive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the dat e the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Cont rol Officer for a permit required under these regulations, whichever is earlier, except that theAmended 11-16-10 CC Air Quality Regulations 12.2-7 10-year period shall not include any period earlier than November 15, 1990.

(A) The average rate shall inclu de fugitive emissions to the extent quantifiable.

(B) The average rate shall incl ude emissions associated with startups and shutdowns, exce pt emissions from a shutdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the cons ecutive 24-month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would ha ve exceeded an emission limitation with which the major stat ionary source must currently comply had such major st ationary source been required to comply with such limitations during the consecutive 24- month period. For the purpose s of determining baseline actual emissions for c ontemporaneous changes pursuant to paragraph (ii)(1)(B) of the def inition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is part of a Maximum Achievable Control Technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nev ada has taken credit for such emissions reductions in an a ttainment demonstration or maintenance plan, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to dete rmine the baseline actual emissions for all the emissi ons units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions , in tpy, and for adjusting this amount if required by par agraphs (2)(C) and (D) of this definition.Amended 11-16-10 CC Air Quality Regulations 12.2-8 (3) For a new emissions unit, the bas eline actual emissions for purposes of determining the emission s increase that will result fromthe initial construction and operation of such unit shall equal zero; and thereafter, for all other pu rposes, shall equal the unit’s potential to emit.

(4) For a PAL for a stationary sour ce, the baseline actual emissions shall be calculated for existing el ectric utility steam generating units in accordance with the pr ocedures contained in paragraph (1) of this definition, for other existing emissions units in accordance with the procedures contai ned in paragraph (2) of this definition, and for a new emisssion s unit in accordance with the procedures contained in paragraph (3) of this definition.

(d) “Baseline area” means any intr astate area (and every part thereof) designated as attainment or unclassi fiable under 40 CFR Part 81 in which the major stationary source or major modification establishing the minor source baseline date would construct, or in which it would have an air quality impact equal to or greater than one (1) microgram per cubic meter (annual average) of the pollutant for which the minor source baseline date has been established.

(1) Area redesignations under 40 CFR Part 81 cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(A) Establishes a minor source baseline date; or

(B) Is subject to Section 12 of the AQRs.

(2) Any baseline area established originally for the Total Suspended Particulates (TSP) increments s hall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that such bas eline area shall not remain in effect if the Control Officer rescinds the corresponding minor source baseline date.

(e) “Baseline concentration” means:

(1) That ambient concentration level that exists in the baseline area at the time of the applicable mino r source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established, and shall include:

(A) The actual emissions, repres entative of sources in existence on the applicable minor so urce baseline date, except as otherwise provided in parag raph (2) of this definition; andAmended 11-16-10 CC Air Quality Regulations 12.2-9 (B) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operat ion by the applicable minor source baseline date.

(2) The following will not be includ ed in the baseline concentration and will affect the applicable ma ximum allowable increase(s):

(A) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

(B) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(f) “Basic design parameter” means:

(1) Except as provided in paragra ph (3) of this definition, for a process unit at a steam electric generating facility, the owner oroperator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate, or maximum hourly electric output rate and maximum steam flow rate. When establishi ng fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on British Thermal Units (B tu) content shall be used for determining the basic design para meter(s) for a coal-fired electric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any proce ss unit that is not at a steamelectric generating facility are maximum rate of fuel or heat input, maximum rate of material in put, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or oper ator should consider the primary product or primary raw materi al when selecting a basic design parameter.

(3) If the owner or operator belie ves the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of pr ocess unit, the owner or operator may propose to the Control Offic er an alternative basic design parameter(s) for the source’s pr ocess unit(s). If the Control Officer approves of the use of an alternative basic design parameter(s), the Control Officer shall issue a permit that is legally enforceable that records such basic design parameter(s) andAmended 11-16-10 CC Air Quality Regulations 12.2-10 requires the owner or operator to comply with such parameter(s).

(4) The owner or operator shall use credible information, such as results of historic maximum cap ability tests, design information from the manufacturer, or engineer ing calculations, in establishing the magnitude of the basic de sign parameter(s) specified in paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the owner or operator shall determi ne the process unit’s basic design parameter(s) using the ma ximum value achieved by the process unit in the 5-year pe riod immediately preceding the planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emission s, that applies to the process unit and that is legally enforceable.

(g) “Begin actual construction” means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities in clude, but are not limited to, installation of building supports and f oundations, laying of underground pipework, and construction of perman ent storage structures. With respect to a change in method of operat ing, this term refers to those on-site activities other than preparat ory activities which mark the initiation of the change.

(h) “Best Available Control Technol ogy (BACT)” means an emission limitation (including a visible emissi ons standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, taking into account energy, envir onmental, and economic impacts and other costs, determines is achiev able for such source or modification through applicati on of production proce sses or available methods, systems, and techniques, includ ing fuel cleaning or treatment or innovative fuel combustion techniq ues for control of such pollutant. In no event shall application of BACT result in emissi ons of any pollutant which would exceed the emi ssions allowed by any applicable standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or economi c limitations on t he application of measurement methodology to a particu lar emissions unit would make the imposition of an emissions st andard infeasible, a design, equip-Amended 11-16-10 CC Air Quality Regulations 12.2-11 ment, work practice, operational st andard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standar d shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which ac hieve equivalent results.

(i) “Building, structure, facility, or installation” means all of the pollutantemitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same pe rson (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of th e same industrial grouping if they belong to the same major group (i .e., which have the same SIC or NAICS code) as described in either the Standard Indust rial Classification manual, 1972, as amended by the 1977 supplement or the North American Industrial Class ification System manual.

(j) “Categorical stationary source” m eans any stationary source of air pollutants that belongs to one of the following categories:

(1) Fossil fuel-fired steam electr ic plants of more than 250 million Btu per hour heat input;

(2) Coal cleaning plants ( with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerator s capable of charging more than 50 tons of refuse per day;

(10) Hydrofluoric, sulfuric , or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock processing plants;Amended 11-16-10 CC Air Quality Regulations 12.2-12 (14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plant s (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil-fuel boilers (or comb ination thereof) totaling more than 250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber pr ocessing plants; and

(26) Charcoal production plants.

(27) Any other stationar y source category, which as of August 7, 1980 is being regulated under Sect ion 111 or 112 of the Act.

(k) “Clean coal technology” means any technology, including technologies applied at the precombustion , combustion, or postcombustion stage at a new or existing facility, which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen (NO x ) associated with the utilization of coal in the generation of electricity or process steam which was not in wi despread use as of November 15, 1990.

(l) “Clean Coal Technology Demonstrat ion Project” means a project using funds appropriated under the heading “Depar tment of EnergyClean Coal Technology,” up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similarprojects funded through appropriations for the EPA. The federal contribution for a qualifying project s hall be at least twenty (20) percent of the total cost of t he demonstration project.

(m) “Commence,” as applied to construction of a major stationary source or major modification, means that the owner or operator has all ne-Amended 11-16-10 CC Air Quality Regulations 12.2-13 cessary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreement s or contractual obligations, which cannot be canceled or modi fied without substantial loss to the owner or operator, to underta ke a program of actual construction of the source to be completed within a reasonable time.

(n) “Complete” means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designat ing an application complete for purposes of permit processing does not preclude t he Control Officer from requesting or accepting any additional information.

(o) “Construction” means any physica l change, or c hange in the method of operation, including fabrication, er ection, installation, demolition, or modification of an emissions unit, that would result in a change in emissions.

(p) “Continuous Emissions Monitoring System (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of Secti on 12.2 to sample, condition (if applicable), analyze, and provide a reco rd of emissions on a continuous basis.

(q) “Continuous Emissions Rate Mo nitoring System (CERMS)” means the total equipment required for t he determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(r) “Continuous Parameter Monitoring System (CPMS)” means all of the equipment necessary to meet the dat a acquisition and availability requirements of Section 12.2, to m onitor process and control device operational parameters and other info rmation, and to record average operational parameter value( s) on a continuous basis.

(s) “Electric Utility Steam Generating Unit” means any steam electric generating unit that is constructed fo r the purpose of supplying more than one-third of its potential electr ic output capacity, and more than 25 MW electrical output, to any ut ility power distribution system forsale. Any steam supplied to a steam distribution system for the purpose of providing steam to a st eam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output c apacity of the affected facility.Amended 11-16-10 CC Air Quality Regulations 12.2-14 (t) “Emissions unit” means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and includes an electric utility steam gener ating unit. For purposes of Section 12.2, there are two types of em issions units, as described in paragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any em issions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissi ons unit first operated. For the purposes of this definition, the date an emissions unit first operated shall not be extended by any shakedown period established pursuant to paragraph (ii)(6) of Section 12.2.2.

(2) An "existing emissions unit" is any emissions unit that does not meet the requirements in paragraph (1) of this definition. A replacement unit is an existing emissions unit.

(u) “Federally Enforceable” means a ll limitations and conditions which are enforceable by the Administrator.

(v) “Federal Land Manager” means, wit h respect to any lands in the United States, the Secretary of t he Department with authority over such lands.

(w) “Fugitive emissions” means thos e emissions which could not reasonably pass through a stack, chimney, v ent, or other functionally equivalent opening.

(x) “High terrain” means any area havi ng an elevation 90 0 feet or more above the base of the stack of a source.

(y) “Indian governing body” means t he governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the Unit ed States as possessing the power of self-government.

(z) “Indian reservation” means any f ederally recognized reservation established by treaty, agreement, exec utive order, or act of Congress.

(aa) “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantia l likelihood of achievin g greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reduct ions at lower cost in terms of energy, economics, or non-air- quality environmental impacts.

(bb) “Lowest Achievable Emission Rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:Amended 11-16-10 CC Air Quality Regulations 12.2-15 (1) The most stringent emission limi tation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed major stationary source demonstrat es that such limitations are not achievable; or

(2) The most stringent emission limitat ion which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modifica tion, means the LAER for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an a pplicable new source standard of performance.

For purposes of this definition onl y, the term “any state” means a state, the District of Columb ia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam , and American Samoa, and includes the Commonwealth of the Northern Mariana Islands.

(cc) “Low terrain” means any area other than high terrain.

(dd) “Major modification” means any physical change in, or change in the method of operation of, a major stati onary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source.

(1) Any significant emissions increa se from any emissions units or net emissions increase at a majo r stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.

(2) A physical change or change in t he method of operation shall not include:

(A) Routine maintenance, repair, and replacement;

(B) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supplyand Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;Amended 11-16-10 CC Air Quality Regulations 12.2-16 (D) Use of an alternative fuel at a steam generating unit, to the extent that the fuel is generated from m unicipal solid waste;

(E) Use of an alternative fuel or raw material by a stationary source which:

(i) The source was capable of accommodating before January 6, 1975, unless such change is prohibited under any federally enforceable permit conditionwhich was established after January 6, 1975 pursuant to Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or

(ii) The source is approved to use under any permit issued under Section 12 or under regulations approved pursuant to 40 CFR Pa rt 51, Subpart I, or 40 CFR 52.21.

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to S ubpart I of 40 CFR Part 51.

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a Temporary Clean Coal Technology Demonstration Project, provided that the pr oject complies with:

(i) The Nevada SIP; and

(ii) Other requirements nece ssary to attain and maintain the National Ambient Air Quality Standards during the project and after it is terminated.

(I) The installation or operati on of a permanent Clean Coal Technology Demonstration Proj ect that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant-by-pollutant basis; or

(J) The reactivation of a very clean coal-fired electric utility steam generating unit.Amended 11-16-10 CC Air Quality Regulations 12.2-17 (3) This definition shall not apply wi th respect to a particular regulated NSR pollutant when the majo r stationary source is complying with the requirements under Se ction 12.2.19 for a PAL for that regulated NSR pollutant. Inst ead, the definition of PAL major modification shall apply.

(4) The fugitive emissions of a majo r stationary source shall not be included in determining, for any of the purposes of Section 12.2, whether a particular physical change or change in the method of operation is a major modification unless the major stationary source is a categorical stationary source or belongs to any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

(ee) “Major source baseline date” means:

(1) In the case of particulate ma tter and sulfur dioxide, January 6, 1975, and

(2) In the case of nitrogen dioxide, February 8, 1988.

(ff) “Major stationary source”

(1) Means:

(A) Any of the categorical stationary sources of air pollutants which emits, or has the potentia l to emit, 100 tpy or more of any regulated NSR pollutant;

(B) Notwithstanding the stationar y source size otherwise specified in paragraph (1)(A) of this definition, any noncategorical stationary source which emits, or has the potential to emit, 250 tpy or mo re of a regulated NSR pollutant; or

(C) Any stationary source specified in paragraphs (1)(A) or (1)(B) of this definition which em its, or has the potential to emit, Greenhouse Gases (“GHGs”) that are subject to regulation as defined in 40 CFR § 52.21(b)(49) as of July 1, 2010; or

(D) Any physical change that w ould occur at a stationary source not qualifying under parag raphs (1)(A) or (1)(B) of this definition as a major st ationary source, if the change would constitute a major stationary source by itself.

(2) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.Amended 11-16-10 CC Air Quality Regulations 12.2-18(3) The fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of Section 12.2, whether it is a major stationary source, unless the source is a categorical stationary s ource or belongs to any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

(gg) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary sour ce or a major modification subject to Section 12 of the AQRs su bmits a complete application under the relevant regulations.

(1) The trigger date is:

(A) In the case of particulate matter and sulfur dioxide, August 7, 1977; and

(B) In the case of nitrogen dioxide, February 8, 1988.

(2) The baseline date is establishe d for each pollutant for which increments or other equivalent m easures have been established if:

(A) The area in which the propos ed source or modification would construct is designated as attainment or unclassifiable for the pollutant on the dat e of its complete application under Section 12.2 of the AQRs; and

(B) In the case of a major st ationary source, the pollutant would be emitted in significant amounts, or, in the case ofa major modification, there would be a significant net emissions increase of the pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that the Control Office r shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Control Officer, that the emissi ons increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering t hat date did not result in a significant amount of PM 10 emissions.

(hh) “Necessary preconstruction appr ovals or permits” means those permits or approvals required under air quality control laws and regulations which are part of the Nevada SIP, these regulat ions, or federal air quality control laws and regulat ions, including the Authority to Construct Permits issued pursuant to Section 12.4.Amended 11-16-10 CC Air Quality Regulations 12.2-19 (ii) “Net emissions increase (NEI)” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change, or change in the method ofoperation, at a stationary source as calculated pursu ant to Sections 12.2.1.4(a) through (e); and

(B) Any other increases and decr eases in actual emissions at the major stationary source that are cont emporaneous with the particular change and ar e otherwise creditable.

(C) For the purposes of calc ulating increases and decreases under paragraph (1)(B) of this definition, baseline actual emissions shall be determined as provided in the definition of baseline actual emissions, except that paragraphs (1)(C) and (2)(E) of that defin ition shall not apply.

(i) For the purposes of calculating increases under paragraph (1)(B) of this definit ion, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual emissions, except as provided in paragraph (1)(C)(iii) of this definition.

(ii) For the purposes of calculating increases under paragraph (1)(B) of this definit ion, if the Control Officerdetermines that there is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to Section 12.2.2(a)(1), actual emissions after the contemporaneous project shall be determined as provided in the definition of projected actual emissions.

(iii) For the purposes of calc ulating decreases under paragraph (1)(B) of this definit ion, actual emissions after the contemporaneous project shall be determined as provided in the definition of actual emissions.

(2) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between the date five (5) years before construction on the particular change commences and the date that the increase from the particular change occurs.Amended 11-16-10 CC Air Quality Regulations 12.2-20 (3) An increase or decrease in actual emissions is creditable only if the Control Officer has not relied on it in issuing a permit for the source under Section 12 or any other regulation approved by the Administrator pursuant to 40 CF R Part 51, which permit is in effect when the increase in actu al emissions from the particular change occurs.

(4) An increase in actual emissions is creditable only to the extent that the new level of actual em issions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent that:

(A) The old level of actual emissi ons or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is enforceable as a practi cal matter at and after the time that actual construction on the particular change begins;

(C) The Control Officer has not re lied on it in issuing any permit under Section 12, or any other regulations approved pursuant to 40 CFR Part 51, S ubpart I, nor has the state of Nevada relied on it in demonstrating atta inment or reasonable further progress; and

(D) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requi res shakedown, or any new emissions unit that replaces an ex isting emissions unit and that requires shakedown, becomes oper ational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days.

(jj) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under it s physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pol lution control equipment and restrictions on hours of operation or on t he types or amounts of material combusted, stored, or processed, shall be treat ed as part of its design only if the limitati on or the effect it would have on emissions is enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit of a stat ionary source.Amended 11-16-10 CC Air Quality Regulations 12.2-21 (kk) “Predictive Emissions Monitoring System (PEMS)” means all of the equipment necessary to monitor pr ocess and control device operational parameters and other informat ion, and calculate and record the mass emissions rate on a continuous basis.

(ll) “Prevention of Significant De terioration (PSD) Permit” means any permit that is issued under a majo r source preconstruction permit program that has been approved by the Administrator and incorporated into the Nevada SIP to impl ement the requirements of Part C, Subchapter I of the Act.

(mm) “Project” means a physical chan ge in, or change in the method of operation of, an existing stationary source.

(nn) “Projected actual emissions” m eans the maximum annual rate, in tpy, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five (5) years (12-month period) following the date the unit resumes r egular operation after the project, or in any one of the ten (10) years following that date if (1) the project involves increasing the design capacit y or potential to emit of any emissions unit for that regulated NS R pollutant, and (2) full utilization of the unit would result in a signifi cant emissions increase or a significant net emissions increase at the major stationary source.

(1) In determining the projected ac tual emissions (before beginning actual construction), the owner oroperator of the major stationary source:

(A) Shall consider all relevant information, including, but not limited to historical operational data, the company’s own representations, the company’s expected business activity and highest projections of business activity, the company’s filings with the county, state, or federal regulatory authorities, and compliance plans under these regulations;

(B) Shall include fugitive emissi ons to the extent quantifiable;

(C) Shall include emissions a ssociated with startups and shutdowns except emissions from a shutdown associated with a malfunction; and

(D) Shall exclude, only for calc ulating any increase in emissions that results from the par ticular project, that portion of the unit’s emissions following t he project that an existing unit could have accommodated dur ing the consecutive 24- month period used to establis h the baseline actual emissions and that are also unrelated to the particular project,Amended 11-16-10 CC Air Quality Regulations 12.2-22 including any increased utiliz ation due to product demand growth.

(E) In lieu of using the method set out in paragraphs (1)(A)-(D) of this definition, the owner oroperator of the major stationary source may elect to use the emissions unit’s potential to emit, in tpy.

(oo) “Reactivation of a very clean co al-fired electric utility steam generating unit” means any physical change, or change in the method of operation, associated with commencem ent of commercial operations by a coal-fired utility unit after a peri od of discontinued operation where the unit:

(1) Has not been in operation for the 2-year period prior to the enactment of the Act Amendments of 1990, and the emissions from such unit continue to be ca rried in the Clark County emissions inventory at the time of enactment;

(2) Was equipped prior to shutdow n with a continuous system of emissions control that achieved a removal efficiency for sulfur dioxide of no less than eighty-five (85) percent and a removal efficiency for particulates of no le ss than ninety-eight (98) percent;

(3) Is equipped with low-NOx burners prior to the time of commencing operations following reactivation; and

(4) Is otherwise in compliance with the requirements of these regulations.

(pp) “Regulated NSR pollutant,” for pu rposes of Section 12.2, means the following:

(1) Any pollutant for which a Nati onal Ambient Air Quality Standard has been promulgated and any consti tuents or precursors identified by the Administrator;

(2) Any pollutant that is subjec t to any standard promulgated under Section 111 of the Act;

(3) Any Class I or II substance su bject to a standard promulgated under or established by Title VI of the Act; or

(4) Any pollutant that otherwise is subject to regulation under the Act as defined in 40 CFR § 52.21(b )(49) as of July 1, 2010, except that the following pollut ants are not regulated NSR pollutants unless the listed pollutant is also regulated as a constituentAmended 11-16-10 CC Air Quality Regulations 12.2-23 or precursor of a general pollu tant listed under Section 108 of the Act:

(A) Any or all Hazardous Air Poll utants (HAPs) either listed in Section 112(b)(1) of the Act or added to the list pursuant to Section 112(b)(2) of the Act, and not delisted pursuant to Section 112(b)(3) of the Act; and

(B) Any or all substances lis ted pursuant to Section 112(r)(3) of the Act.

(qq) “Replacement unit” means an emissi ons unit for which all the criteria listed in paragraphs (1) through (4) of this defin ition are met. No creditable emission reductions shal l be generated from shutting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissi ons unit completely takes the place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of the process unit.

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it s hall constitute a new emissions unit.

(rr) “Repowering” means replacement of an existing coal-fired boiler withone of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, in tegrated gasification combined cycle, magnetohydrodynami cs, direct and indirect coal-fired turbines, integrated gasification fuel cells or—as determined by the Administrator, in consultation with the Secr etary of Energy—a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficien cy and with signifi cantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

(1) Repowering shall also include an y oil and/or gas-fired unit which has been awarded Clean Coal Technology DemonstrationAmended 11-16-10 CC Air Quality Regulations 12.2-24 Project funding as of January 1, 1991, by the U.S. Department of Energy.

(2) The Control Officer shall give expedited consideration to permit applications for any source that satisfies the requirements of Section 12.2.2(rr) and is grant ed an extension under Section 409 of the Act.

(ss) “Secondary emissions” means emi ssions which would occur as a result of the constructi on or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose ofSection 12.2, secondary emissions must be specific, we ll defined, quantifiable, and impact the same general area as the stati onary source or modification which causes the secondary emissions . Secondary emissions include emissions from any off-site suppor t facility which would not be constructed or increase its emissions exc ept as a result of the construction or operation of the major stati onary source or major modification.Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from t he tailpipe of a motor vehicle, from a tr ain, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution control equipment or process equipm ent for any purpose, except routine phasing out of process equipment.

(uu) “Significant” means:

(1) In reference to a net emissions increase or a source’s potential to emit any of the fo llowing pollutants, a ra te of emissions that would equal or exceed any of the following rates:

 Carbon monoxide: 100 tpy ;

 NO x : 40 tpy;

 Sulfur dioxide: 40 tpy;

 Particulate matter: 25 tpy;

 PM 10 : 15 tpy;

 PM 2.5 : 10 tpy of direct PM 2.5 emissions or 40 tpy of sulfur dioxide emissions or 40 tpy of nitrogen oxide emissions;

 Ozone: 40 tpy of volatile or ganic compounds or nitrogen oxides;

 Lead: 0.6 tpy;

 Fluorides: 3 tpy;Amended 11-16-10 CC Air Quality Regulations 12.2-25  Sulfuric acid mist: 7 tpy;

 Hydrogen sulfide (H 2 S): 10 tpy;

 Total reduced sulfur (including H 2 S): 10 tpy;

 Reduced sulfur compounds (including H 2 S): 10 tpy;

 Municipal waste combustor organics (measured as total tetra- through octa-chlorinated di benzo-p-dioxins and dibenzofurans): 3.2 x 10 -6 megagrams per year (3.5 x 10 -6 tpy).

 Municipal waste combustor me tals (measured as Particulate Matter): 14 megagrams per year (15 tpy);

 Municipal waste combustor ac id gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tpy);

 Municipal solid waste landfil ls emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tpy); and

 Ozone-depleting substances: 100 tpy.

 GHG: The sum of the six well -mixed GHGs on a mass basis greater than 0 tpy and the sum of the six well-mixed GHGs equal to or greater than 75, 000 tpy CO2e as defined in 40 CFR § 52.21(b)(49) as of July 1, 2010.

(2) “Significant” means, in referenc e to a net emissions increase or a source’s potential to emit a regulated NSR pol lutant that is not listed in this definition, any emissions rate.

(3) Notwithstanding the pollutant-spec ific significance levels specified in this definition “signific ant” means any emissions rate or any net emissions increase associ ated with a major stationary source or major modification whic h would construct within 10 kilometers of a Class I area and have an impact on such area equal to or greater than 1 microgram per cubic meter (24-hour average).

(vv) “Significant emissions increas e” means, for a r egulated NSR pollutant, an increase in emissions that is significant for that pollutant.

(ww) “Startup” means the setting into operation of any air pollution control equipment or process equipment for any purpose except the routine phasing in of process equipment.

(xx) “Stationary source” means any buildi ng, structure, facility, or installation which emits or may emit a regulated NSR pollutant.Amended 11-16-10 CC Air Quality Regulations 12.2-26 (yy) “Temporary Clean Coal Technology Demonstration Project” means a Clean Coal Technology Demonstrat ion Project that is operated for a period of five (5) years or less, and which complies with the requirements of these regulati ons and other requirem ents necessary to attain and maintain the National Ambient Air Q uality Standards during the project and after it is terminated.

12.2.3 Ambient Air Increments

In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration s hall be limited to the following:

Table 12.2-1. Increment Limits

Pollutant Maximum allowable increases ( μ g/m 3 )

Class I

Particulate Matter PM 10 , annual arithmetic mean 4

PM 10 , 24-hr maximum 8

Sulfur Dioxide Annual arithmetic mean 2

24-hr maximum 5

3-hr maximum 25
Nitrogen Dioxide Annual arithmetic mean 2.5

Class II

Particulate Matter PM 10 , annual arithmetic mean 17

PM 10 , 24-hr maximum 30

Sulfur Dioxide Annual arithmetic mean 20

24-hr maximum 91

3-hr maximum 512
Nitrogen Dioxide Annual arithmetic mean 25

Class III

Particulate Matter PM 10 , annual arithmetic mean 34

PM 10 , 24-hr maximum 60

Sulfur Dioxide Annual arithmetic mean 40

24-hr maximum 182

3-hr maximum 700
Nitrogen Dioxide Annual arithmetic mean 50

For any period other than an annual per iod, the applicable maximum allowable increase may be exce eded during one such period per year at any one location.Amended 11-16-10 CC Air Quality Regulations 12.2-27 12.2.4 Ambient Air Ceilings

No concentration of a pollutant sha ll exceed the concentration permitted under the secondary National Ambient Air Quality Standard or the primary National Ambient Air Quality Standard, whichev er is lowest for the pollutant, for a period of exposure.

12.2.5 Restrictions On Area Classifications

12.2.5.1 Class I Areas

All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated:

(a) International parks,

(b) National wilderness areas wh ich exceed 5,000 acres in size,

(c) National memorial parks which exceed 5,000 acres in size, and

(d) National parks which exceed 6,000 acres in size.

12.2.5.2 Redesignation of Class I Areas

Areas which were redesignated as Cla ss I under regulations promulgated before August 7, 1977, s hall remain Class I, but may be redesignated as provided in 40 CFR Part 51.

12.2.5.3 Class II Areas

Any other area, unless other wise specified in the legislation creating such an area, is initially des ignated Class II, but may be redesignated as provided in 40 CFR Part 51.

12.2.5.4 Redesignating Areas

The following areas may be redesignated only as Class I or II:

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a nati onal primitive area, a national preserve, a national recr eational area, a national wild and scenic river, a national wildlife refuge, a nat ional lakeshore or seashore; and

(b) A national park or nat ional wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.Amended 11-16-10 CC Air Quality Regulations 12.2-28 12.2.5.5 Exclusions from Increment Consumption

(a) The following concentrations sh all be excluded in determining compliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from stationary sources which have conv erted from the use of petroleum products, natural gas, or bo th by reason of an order in effect under Section 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order;

(2) Concentrations attributable to the increase in emissions from sources which have conv erted from using natu ral gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions fr om such sources before the effective date of such plan;

(3) Concentrations of particulate ma tter attributable to the increase in emissions from construction or other temporary emissionrelated activities of new or modified sources;

(4) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and

(5) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particula te matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the Administrator as m eeting the criteria specified in paragraph (a)(3) of Se ction 12.2.5.5.

(b) If the plan provides that the concentrations to which paragraphs (a)(1) or (a)(2) of Section 12.2.5.5 refers shall be excluded, it shall also provide that no ex clusion of such conc entrations shall apply more than five (5) years after the effective date of the order to which paragraph (a)(1) of Section 12.2.5.5 refe rs or the plan to which paragraph (a)(2) of Section 12.2.5.5, re fers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five (5) y ears after the later of such effective dates.

(c) For purposes of excluding conc entrations pursuant to paragraph (a)(5) of Section 12.2.5.5, the Admi nistrator may approve a plan revision that:Amended 11-16-10 CC Air Quality Regulations 12.2-29 (1) Specifies the time over whic h the temporary emissions increase of sulfur dioxide, particulate ma tter, or nitrogen oxides would occur. Such time is not to exceed two (2) years in duration unless a longer time is approved by the Administrator.

(2) Specifies that the time period for excluding cert ain contributions in accordance with paragraph (c)(1 ) of Section 12.2.5.5, is not renewable;

(3) Allows no emissions increase from a stationary source which would:

(A) Impact a Class I area or an area where an applicable increment is known to be violated; or

(B) Cause or contribute to the vi olation of a Na tional Ambient Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period specified in accordance wit h paragraph (c)(1) of Section 12.2.5.5, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceedthose levels occurring from such sources before the plan revision was approved.

12.2.6 Redesignation

12.2.6.1 Clark County

All areas of Clark Count y (except as otherwise provided under Section 12.2.5) are designated Class II as of December 5, 1974. Redesignation of any area of the county (exc ept as otherwise preclu ded by Section 12.2.5) may be proposed by the Control Officer, as provided below and subject to approval by the Administrator, as a revision to the Nevada SIP.

12.2.6.2 Requirements

(a) Clark County, through the state ofNevada, may submit to the Administrator a proposal to redesignate areas of the county Class I or Class II provided that:

(1) At least one public hearing has been held in accordance with the procedures establis hed in Section 12.2.16;

(2) Other states, Indian Governi ng Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least thirty ( 30) days prior to the public hearing;Amended 11-16-10 CC Air Quality Regulations 12.2-30 (3) A discussion of the reasons fo r the proposed redesignation, including a satisfactory descripti on and analysis of the health, environmental, economic, social a nd energy effects of the proposed redesignation, was prep ared and made available for public inspection at least thirty ( 30) days prior to the hearing and the notice announcing t he hearing contained appropriate notification of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an area that includes an y federal lands, the county, through the state of Nevada, has provided wr itten notice to the appropriate Federal Land Manager and affo rded adequate opportunity (not in excess of sixty (60) days) to confer with the county respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any Federal Land Manager had subm itted written comments and recommendations, the county shall have published a list of any inconsistency between such r edesignation and such comments and recommendations (together wit h the reasons for making such redesignation against the recommendation of the Federal Land Manager); and

(5) The county, through the state of Nevada, has proposed the redesignation after consultation with the elected leadership of local and other substate general pu rpose governments in the area covered by the pr oposed redesignation.

(b) Any area other than an area to which Section 12.2.5 refers may be redesignated as Class III if:

(1) The redesignation would meet the requirements of Section 12.2.6.2;

(2) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the county and the governor, after consultation with the appropriate committees of the legislature, if it is in sess ion, or with the leadership of the legislature, if it is not in sessi on (unless state law provides that the redesignation must be specific ally approved by state legislation), and if general purpose un its of local government representing a majority of the residents of the area to be redesignated enact legislati on or pass resolutions concurring in the redesignation;

(3) The redesignation would not caus e or contribute to a concentration of any air pollutant which would exceed any maximum al-Amended 11-16-10 CC Air Quality Regulations 12.2-31 lowable increase permitted under the classification of any other area or any National Ambient Air Quality Standard; and

(4) Any permit application for any major stationary source or major modification, subject to revi ew under Section 12.2.11, which could receive a permit under Secti on 12.2 only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.

12.2.6.3 Reserved

12.2.6.4 Administrator Approval

The Administrator will disapprove, withi n ninety (90) days of submission, a proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of Secti on 12.2.6 or is inconsistent with Section 12.2.5. If any such disapproval occurs, the classi fication of the area shall be that which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved Proposal

If the Administrator disapproves any proposed redesignat ion, the county may resubmit the proposal after corre cting the deficiencies noted by the Administrator.

12.2.7 Stack Heights

12.2.7.1 Emissi on Limitation

The degree of emission limitation require d for control of any air pollutant under Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height ofany source as exceeds good engineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with resp ect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.Amended 11-16-10 CC Air Quality Regulations 12.2-32 12.2.7.3 Stack Height Limitation

(a) The limitations set forth herein sha ll not apply to sta cks or dispersion techniques used by the owner or operator prior to December 31, 1970, for which the owner or operator had:

(1) Begun, or caused to begin, a continuous program of physical on-site construction of the stack;

(2) Entered into building agreemen ts or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack, to be co mpleted in a reasonable time; or

(3) Coal-fired steam electric generat ing units, subject to the provisions of Section 118 of the Act, which commenced operation before July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculat ed as the greater of the four numbers in paragraphs (b )(1) through (b)(4) of Section 12.2.7.3:

(1) 213.25 feet (65 meters);

(2) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable preconstruction permits or approvals required under 40 CFR Part 51 or 52, Hg = 2.5H;

(3) For all other stacks, Hg = H + 1.5L, where:

Hg = Good engineering practice stack height, measured from the ground-level elevation at the base of the stack
H = Height of nearby structur e, measured from the groundlevel elevation at the base of the stack
L = Lesser dimension (height or projected width) of nearby structure
provided that the EPA, the Contro l Officer, or a local control agency may require the use of a fiel d study or fluid model to verify good engineering practice (G EP) stack height for the source;

or

(4) The height demonstrated by a fl uid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations ofAmended 11-16-10 CC Air Quality Regulations 12.2-33 any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the sour ce itself, nearby structures, or nearby terrain obstacles.

(5) For a specific structure or te rrain feature, “ nearby” shall be:

(A) For purposes of applying the formulae in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, t hat distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile);

(B) For conducting demonstrations under paragraph (b)(4) of Section 12.2.7.3, not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten (10) times the maximum height (H+) of the feature, not to exceed two (2) miles if such feature achieved a height (H+) 0.8 km from t he stack. The height shall be at least forty (40) percent of the GEP stack height as determined by the formula provided in paragraph (b)(3) of Section 12.2.7.3 or 85 feet (26 meters ), whichever is greater, as measured from the ground-level elevation at the base of the stack.

(6) “Excessive concentrations” m eans, for the purpose of determining GEP stack height under par agraph (b)(4) of Section 12.2.7.3:

(A) For sources seeking credit fo r stack height exceeding that established under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground-le vel concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least forty (40) percent in ex cess of the maximum concentration experienced in the abs ence of such downwash, wakes, or eddy effects, and wh ich contributes to a total concentration due to emissions from all sources that is greater than a National Ambient Air Quality Standard. For sources subject to the requirements for permits or permit revisions under Section 12.2. 7.3, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain feat ures which individually is at least forty (40) percent in ex cess of the maximum concentration experienced in the abs ence of such downwash,Amended 11-16-10 CC Air Quality Regulations 12.2-34 wakes, or eddy effects, and greater than the applicable maximum allowable increase co ntained in Section 12.2.3.The allowable emissions rate to be used in making demonstrations under paragraph (b)(4) of Section 12.2.7.3shall be prescribed by the new source performance standard which is applicable to the source category unless the owner or operator dem onstrates that this emission rate is infeasible. Where such demons trations are approved by the Control Officer, an alter native emission rate shall be established in consultation with the source owner or operator;

(B) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, either:

(i) A maximum ground-level concentration due inwhole or in part to downwash, wakes, or eddy effects as provided in paragraph (b)(4) of Section 12.2.7.3, except t hat the emission rate specified by any applicable SIP shall be used; or

(ii) The actual presence of a local nuisance caused bythe existing stack, as determined by the Control Officer.

(C) For sources seeking credi t after January 12, 1979, for a stack height determined under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, where the Control Officer requires the use of a field study or flui d model to verify GEP stackheight; for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers; and for sources seeking stack height creditafter December 31, 1970, based on the aerodynamic influence of structures not adequat ely represented by the equations in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground-level concentr ation due in whole or in part to downwash, wakes, or eddy effects that is at least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(c) The degree of emission limitation required of any source after the respective date given in paragraph (a) of Section 12.2.7.3 for control of any pollutant shall not be affected by so much of any source’s stackAmended 11-16-10 CC Air Quality Regulations 12.2-35 height that exceeds good engineering practice, or by any other dispersion technique.

(d) Before the Control Officer issues an Authority to Construct Permit or permit revision under Section 12.2 to a source based on a good engineering practice stack height that exceeds the height allowed by paragraph (b) of Section 12.2.7.3, t he Control Officer shall notify the public of the availability of the demonstration study and provide the opportunity for a public hearing in a ccordance with the requirements of Section 12.2.16.

12.2.8 Exemptions

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a particular major stationary source or major modification if:

(a) The major stationary source ormajor modification would be a nonprofit health or nonprofit educational institution, or the major modification would occur at such an institution; or

(b) The source is a portable stationa ry source which has previously received a permit, and:

(1) The owner or operator proposes to relocate the major stationary source, and emissions of the majo r stationary source at the new location would be temporary;

(2) The emissions from the major stationary source would not exceed its allowable emissions;

(3) The emissions from the majo r stationary source would impact no Class I area and no area wher e an applicable increment is known to be violated; and

(4) Reasonable notice is given to th e Control Officer prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Control Officer not less than ten ( 10) days in advance of the proposed relocation unless a different time duration is previously approved by the Control Officer.

12.2.8.1 Nonattainment Areas

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a major stationary source or major modi fication with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the major stationary source or major modi fication is located in an area designated as nonattainment under 40 CFR 81.329.Amended 11-16-10 CC Air Quality Regulations 12.2-36 12.2.8.2 Class I Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 shall not apply to a major stationary source or major modification with respect to a particular pollutant if the allow able emissions of that pollu tant from the major stationary source or the net emissions incr ease of that pollutant from the major modification: (a) Would impact no Class I area and no area where an applicable increment is known to be violated; and

(b) Would be temporary.

12.2.8.3 Class II Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions ofeach regulated NSR pollutant from the modification after the application of BACT would be less than fifty (50) tpy.

12.2.8.4 Threshold Limits

The Control Officer may exempt a major stationary source or major modification from the requirements of Secti on 12.2.12, with respect to monitoring for a particular pollutant, if:

(a) The emissions increase of the po llutant from the new source, or the net emissions increase of the pollu tant from the modification, would cause, in any area, air quality impacts less than the following amounts.

Table 12.2-2. Air Quality Impact Limits

Pollutant Emissions Increase (μg/m 3 )
Carbon monoxide, 8-hour average 575
Nitrogen dioxide, annual average 14

PM 10, 24-hour average 10
Sulfur dioxide, 24-hour average 13

Ozone No de minimisair quality level is provided for ozone. However, any net increase of 100 tpy or more of VOCs or NO x subject to PSD would require an ambient impact analysis, including the gathering of ambient air quality data.
Lead, 3-month average 0.1
Fluorides, 24-hour average 0.25
Total reduced sulfur, 1-hour average 10Amended 11-16-10 CC Air Quality Regulations 12.2-37 Pollutant Emissions Increase (μg/m 3 )
Hydrogen sulfide, 1-hour average 0.2
Reduced sulfur compounds, 1-hour average 10

(b) The concentrations of the pollutant in the area that the major stationary source or major modification would affect are less than the concentrations listed in paragraph (a ) of Section 12.2.8.4; or

(c) The pollutant is not listed in paragraph (a) of Se ction 12.2.8.4.

12.2.9 Control Technology Review

A major stationary source or major modification shall meet each applicable requirement.

12.2.9.1 Major Stationary Sources

A new major stationary source sha ll apply BACT for each regulated NSR pollutant that it would have the potent ial to emit in significant amounts.

12.2.9.2 Major Modifications

A major modification shall apply BACT for each regulated NSR pollutant for which it would result in a significant net emissions increase at the stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change, or change in the method of operation, in the emissions unit.

12.2.9.3 Phased Construction Projects

For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phas e of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determi nation of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impact

The owner or operator of the proposed major stationary source or major modification shall demonstrate that a llowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (i ncluding secondary emissions), would not cause or contribute to air pollution in violation of:Amended 11-16-10 CC Air Quality Regulations 12.2-38 (a) Any NAAQS in any air quality control region; or

(b) Any applicable maximum allowable increase over the baseline concentration in any area.

12.2.10.2 Violati on of Standard

A major stationary source or major m odification will be considered to cause or contribute to a violation of a Na tional Ambient Air Quality Standard when such source or modification would, at a minimum, exceed the significance levels listed in Table 12.2-3 at any lo cality that does not (or would not) meet the applicable national standard.

Table 12.2-3. Significance Levels

Pollutant Annual Significance Levels Averaging time (hours)

24 8 3 1

SO 2 1.0 μg/m 3 5 μg/m 3 25 μg/m 3

PM 10 1.0 μg/m 3 5 μg/m 3

NO 2 1.0 μg/m 3

CO 0.5 mg/m 3 2 mg/m 3

12.2.11 Air Quality Models

12.2.11.1 Model Applicability

All estimates of ambient concentrati ons required under Section 12.2 shall be based on applicable air quality models, databases, and other requirements specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”).

12.2.11.2 Model Modificati ons and Substitutions

Where an air quality model specifie d in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”) is inappropriate, the model may be modified or another model subs tituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis. Written approval of t he Administrator must be obtained for any modification or substitution. In addi tion, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with Section 12.2.16.Amended 11-16-10 CC Air Quality Regulations 12.2-39 12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

(a) Any application for an Authority to Construct Permit under Section 12.2 shall contain an analys is of ambient air quality in the area that the major stationary source or majo r modification would affect for each of the following :

(1) For the source, each pollutant that it would have the potential to emit in a significant amount; or

(2) For the modification, each polluta nt for which it would result in a significant net emissions increase.

(b) With respect to any such polluta nt for which no Nati onal Ambient Air Quality Standard exists, the analysis shall contain su ch air quality monitoring data as the Control Office r determines is necessary to assess ambient air quality for that pollu tant in any area that the emissions of that pollutant would affect.

(c) With respect to any such pollu tant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring dat a gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation ofthe standard or any maximum allowable increase.

(d) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one (1) year and shall represent at least the year pr eceding receipt of the application; except that, if the Control Office r determines that a complete and adequate analysis can be accomplis hed with monitoring data gathered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have been gathered over at least that shorter period.

(e) The owner or operator of a prop osed new stationary source or modification of an existing stationar y source of volatile organic compounds who satisfies all conditions of 40 CFR Part 51, Appendix S, Section IV may provide post-approv al monitoring data for ozone in lieu of providing preconstructi on data as required under Section 12.2.12.1.

(f) With respect to any requirement s for air quality monitoring of PM 10 , the owner or operator of the major stationary source or major modification shall use a monitoring method approved by the Administrator and shall estimate the ambi ent concentrations of PM 10 using the dataAmended 11-16-10 CC Air Quality Regulations 12.2-40 collected by such approved monitoring method in accordance with estimating procedures approved by the Control Officer.

12.2.12.2 Post-Construction Monitoring

The owner or operator of a major stat ionary source or major modification shall, after construction of the major st ationary source or major modification,conduct such ambient monitoring as the Control Officer determines is necessary to determine the effect emissi ons from the major stationary source or major modification ma y have, or are having, on air quality in any area.

12.2.12.3 Operations of Monitoring Stations

The owner or operator of a major stat ionary source or major modification shall meet the requirements of 40 CF R Part 58, Appendi x B during the operation of monitoring stat ions for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed ma jor stationary source or major modification shall submit a ll information necessary to perform any analysis or make any determination required under Section 12.2.13.

12.2.13.1 Required Information

With respect to a major stationary sour ce or major modification to which Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such information shall include:

(a) A description of the nature, loca tion, design capacity, and typical operating schedule of the major stationar y source or majo r modification, including specifications and drawi ngs showing its design and plant layout;

(b) A detailed schedule for construction of the major stationary source or major modification;

(c) A detailed description as to w hat system of continuous emission reduction is planned for the major stat ionary source or major modification, emission estimates, and any ot her information necessary to determine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Contro l Officer, the owner or oper ator shall also provide information on:Amended 11-16-10 CC Air Quality Regulations 12.2-41 (a) The air quality impact of the majo r stationary source or major modification, including meteorological and topographical data necessary to estimate such impact; and

(b) The air quality impacts, and the nat ure and extent of any or all general commercial, residential, indu strial, and other growth which has occurred since the major source bas eline date in the area the major stationary source or major modification would affect.

12.2.14 Additional Impact Analyses

12.2.14.1 Visibility, Soils, and Vegetation

The owner or operator shall provide an analysis of t he impairment to visibility, soils, and vegetation that would occur as a result of the proposed major stationary source or major modifica tion, and general commercial, residential, industrial and other growth associ ated with the major stationary source or major modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercia l or recreational value.

12.2.14.2 Commercial, Residential, Industrial, and Other Growth

The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.

12.2.15 Additional Requirements for Sources Impacting Class I Areas

12.2.15.1 Notice to EPA

The Control Officer shall transmit to the Administrator a copy of each permit application relating to a major stationar y source or major modification, and provide notice to the Administrator of every action related to the consideration of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager and the federal official charged with direct responsibility for management of Class I lands have an affirmative responsibility to protect the air quality-related valu es (including visibility) of any such lands and to consider, in consultation with the Administrator, whether a proposed source or modification would hav e an adverse impact on such values. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or major modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307.Amended 11-16-10 CC Air Quality Regulations 12.2-42 12.2.15.3 Impact of Denial on Air Quality-Related Values

A Federal Land Manager of any Class I lands may present to the county, after the Control Officer’s preliminar y determination (required under procedures developed in accordance with Sect ion 12.2.16), a demonstration that the emissions from the proposed sour ce or modification would have an adverse impact on the air quality-related valu es (including visibility) of any federal mandatory Class I lands, notwithst anding that the change in air quality resulting from emissions from such s ource or modification would not cause or contribute to concentrations whic h would exceed the maximum allowable increases for a Class I area. If the count y, through the state of Nevada, concurs with such demonstration, the Cont rol Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that the emissions from such source would have no adverse impact on the air quality-related values of such lands (including visibility), notwithstandi ng that the change in air quality resulting from emissions from such s ource or modification would cause or contribute to concentrations which would exceed the ma ximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies to the state of Nevada, the Control Officer may, provided that applicable requirem ents are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur diox ide and particulate matter would not exceed the following maximum allowable increases ov er baseline concentration for such pollutants.

Table 12.2-4. Maximum Allowable Pollutant Increases

Pollutant Maximum allowable increase ( μ g/m 3 )

Particulate Matter:

PM 10 , annual arithmetic mean 17

PM 10 , 24-hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hr maximum 325
Nitrogen dioxide:

Annual arithmetic mean 25Amended 11-16-10 CC Air Quality Regulations 12.2-43 12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s Concurrence

(a) The owner or operator of a pro posed source or modification which cannot be approved under procedures developed pursuant to Section 12.2.16 may demonstrate to t he governor, through the ControlOfficer, that the source or modification cannot be constructed by reason of any maximum allowable increas e for sulfur dioxide for periods of twenty-four (24) hours or less applicable to any Class I area and, in the case of federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility).

(b) The Control Officer, through the gov ernor, after consideration of the Federal Land Manager’s recommendatio n (if any) and subject to his concurrence, may grant, after noti ce and an opportunity for a public hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the C ontrol Officer may issue a permit to such source or modification in accordance with provisions developed pursuant to Section 12. 2.16, provided that the applicable requirements of the Nevada SI P are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Cont rol Officer, through the governor, and the Federal Land M anager shall be transferr ed to the president in any case where the governor re commends a variance in which the Federal Land Manager does not concur.

(b) The president may approve t he governor’s recommendation if he finds that such variance is in the national interest.

(c) If such a variance is approved, t he Control Officer may issue a permit in accordance with provisions de veloped pursuant to the requirements of Section 12.2.16, provided that the applicab le requirements of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitati ons for Presidential or Gubernatorial Variance

In the case of a permit issued underprocedures developed pursuant to Section 12.2.16, the source or modifica tion shall comply with emission limitations as may be necessary to assure t hat emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exce ed the maximum allowable increases over the baseline concentration shown in Table 12.2-5, and to assure that such emissions would not cause or contribute to concentrations which ex-Amended 11-16-10 CC Air Quality Regulations 12.2-44 ceed the otherwise applicable maximum a llowable increases for periods of exposure of twenty-four ( 24) hours or less for more than eighteen (18) days, not necessarily consecutive, during any annual period.

Table 12.2-5. Maximum Allowable Increase ( μ g/m 3 )

Period of exposure Low Terrain High Terrain

24-hr maximum 36 62

3-hr maximum 130 221

12.2.16 Public Participation

12.2.16.1 Notice of Proposed Action

(a) An application shall be deemed to be complete unless, within sixty (60) days of receipt, the Control Offi cer notifies the applicant by certified mail that the application is def icient and not complete. In the event of a deficiency, the date of receipt of the app lication shall be the date on which the Control Office r received all required information.

(b) Within one (1) year after receip t of a complete application, the Control Officer shall:

(1) Make a preliminary determinat ion whether cons truction should be approved, approved with condit ions, or disapproved; and

(2) Make available in at least one (1) location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summar y of other materials, if any, considered in making the preliminary determination.

(c) After receipt of a complete applic ation for an Authority to Construct Permit under Sections 12.2, or 12. 3 and 12.4, the Control Officer shall publish in a newspaper of gener al circulation within Clark County, Nevada, within each region in which the proposed source would be constructed, and on the department 's web site a Notice of Proposed Action on the application containing the following:

(1) The date of the department’s re ceipt of the completed application;

(2) The location where documents relevant to the application will be available;

(3) For an Authority to Construct Permit reviewed pursuant to Section 12.2, a summary of the following:Amended 11-16-10 CC Air Quality Regulations 12.2-45 (A) The results of air quality modeling and any other air quality impact analyses;

(B) The results of the analysis of alternatives;

(C) The determination of BACT; and

(D) The level of PSD increm ents to be consumed by the source, as determined under Section 12.2.3.

(4) For an Authority to Construct Permit reviewed pursuant to Section 12.3, a summary of the following:

(A) Statewide compliance demonstration;

(B) Air quality impact analysis;

(C) Determination of the LAER; and

(D) Description of the emissions offsets relied upon in the application.

(5) The department’s pr eliminary determinati on of whether the application should be appr oved or disapproved;

(6) The proposed Authority to Construct Permit conditions;

(7) A determination by the Control Officer that the approval of the construction will not cause or cont ribute to a violation of a National Ambient Air Quality Standar d, a PSD increm ent identified in Section 12.2.3, or otherwise violate any pr ovisions of the Nevada SIP;

(8) The total PTE of each regulat ed NSR pollutant, as applicable;

(9) An opportunity for any person to submit wri tten comments on the application and any documents re levant to the application; and

(10) An opportunity for any pers on to request a public hearing at which oral and written comments on the application will be received, or notice of such a hearing if one has been scheduled.

(d) All written comments must be rece ived by the Cont rol Officer within thirty (30) days from the publicatio n date of the Notice of Proposed Action.Amended 11-16-10 CC Air Quality Regulations 12.2-46 12.2.16.2 Distributio n of Notice

The Control Officer shall send a copy of the Notice of Proposed Action to the applicant and to officials and agencies having jurisdiction over the location where the proposed construction would occur, including:

(a) Any other state or local air pollution control agencies;

(b) The chief executives of the ci ty and county where the source would be located;

(c) Any comprehensive regional land use planning agency;

(d) Any state, Federal Land Manager, and Indian governing body whose lands may be affected by emissions fr om the source or modification;

(e) The Regional Administra tor for EPA’s Region 9; and

(f) Any other person who requests such notice.

12.2.16.3 Public Hearings

During the Notice of Proposed Action pu blic comment peri od specified in Section 12.2.16.1, any pers on may petition the Control Officer, in writing, for a public hearing. All such petitions shall contain th e petitioner’s name, address, daytime telephone number, and t he reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer det ermines that there is a significant degree of public interest, t he Control Officer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy ( 70) days, after the date of the Notice of Proposed Action. In determining if a significant degr ee of public interest exists, the Control Officer shall consid er all relevant factors, including, but not limited to, the number of petitioners, the natur e of their concerns as stated in their petitions, the type and quantity of pollutants emitted by the source and the proximity of the source to sensitive areas like parks, schools, hospitals, residential areas or Class 1 air sheds.

The petitioner and the applicant shall re ceive no less than seven (7) days’ prior written notice of the date and loca tion of the public hearing. Any notice of hearing shall also be posted on the department’s website no less than seven (7) days prior to the public hearing.

12.2.16.5 Comments and Approvals

The Control Officer shall also:Amended 11-16-10 CC Air Quality Regulations 12.2-47 (a) Consider all written comments submitted within a time specified in the notice of public co mment, and all comments received at any public hearing(s), in making a final dec ision on the approvability of the application. The Control Officer shal l make all comments available for public inspection in the same locations where the Control Officer made available preconstruction info rmation relating to the proposed source or modification;

(b) Make a final determination whether construction should be approved, approved with conditions, or disapproved; and

(c) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Control Officer made ava ilable preconstruction information and public comments relating to the source.

12.2.16.6 Enhanced Public Participation Procedures

If the terms and conditions of an Authority to Construct Permit are to be incorporated into a Part 70 Operating Permit through an administrative permit revision, as provided in paragraph (a)(5) of Section 12.5.2.13, in addition to the foregoing public partic ipation procedures, the app licant shall comply with the requirements of Section 12.5.2.17.

12.2.17 Source Obligation

12.2.17.1 Enforcement

Any owner or operator who constructs or operates a source or modification not in accordance with t he application submitted pursuant to Section 12.2 and with any changes to t he application as required by the Control Officer, or with the terms of its Authority to Construct Permit, or any owner or operator of a source or modification subj ect to Section 12.2 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Pe rmit, shall be subject to enforcement action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not commenced within eighteen (18) months after receipt of such permit if construction is discontinued for a per iod of eighteen (18) mont hs or more, or if construction is not completed within a r easonable time. The Control Officer may extend the 18-month period upon a satisfactory showing of good cause why an extension is justified. This provision doe s not apply to the time period between construction of the approved phases of a phased constructionAmended 11-16-10 CC Air Quality Regulations 12.2-48 project; each phase must commence construction within eighteen (18) months of the projected and approved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Construct Permit shall not relieve any owner or operator of the responsibil ity to comply fully with applicable provisions of the Nevada SIP and any other requirem ents under local, st ate, or federal law.

12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stati onary source or modification becomes a major stationary source or major modifica tion solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the stationary source ormodification otherwise to emit a pollutant, then the requirement s of Sections 12.2.9 th rough 12.2.17 shall apply to the stationary source or modifi cation as though construction had not yet commenced on the stationary source or modification.

12.2.18 Innovative C ontrol Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationar y source or major modification may request the Control Office r to approve a system of innovative control technology.

12.2.18.2 Requirements for Approval

The Control Officer may, with the consent of the governor of the state of Nevada and the governors of other affect ed states, determine that the major stationary source or major modificati on may employ a system of innovative control technology if:

(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfar e, or safety in its operation or function;

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to th at which would have been required under Section 12.2.9.2 by a date s pecified by the Control Officer. Such date shall not be later than four (4) years from th e time of startup or seven (7) years from permit issuance;

(c) The major stationary source or major modification would meet the requirements of Sections 12.2. 9 and 12.2.10, based on the emis-Amended 11-16-10 CC Air Quality Regulations 12.2-49 sions rate that the stationary sour ce employing the system of innovative control technology would be r equired to meet on the date specified by the Control Officer;

(d) The major stationary source or major modification would not, before the date specified by the Control Officer:

(1) Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or

(2) Impact any area where an applicable increment is known to be violated.

(e) All other Applicable Requirements, including those for public participation, have been met; and

(f) The provisions of Section 12.2.15 (relating to Class I areas) have been satisfied with respect to all periods during the life of the major stationary source or major modification.

12.2.18.3 Withdrawal of Approval

The Control Officer shall withdraw any ap proval to employ a system of innovative control technology m ade under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the required continuous emissi ons reduction rate;

(b) The proposed system fails before t he specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

(c) The Control Officer decides at an y time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

12.2.18.4 BACT Extension for Failure or Withdrawal

If a major stationary source or major m odification fails to meet the required level of continuous emission reduction wit hin the specified time period, or the approval is withdrawn in accordance with Section 12.2.18.3, the Control Officer may allow the major stationary sour ce or major modifi cation up to an additional three (3) years to meet t he requirement for the application of BACT through use of a demonstrated system of control.

12.2.19 Plantwide Applicability Limits (PALs)

The provisions in Sections 12.2.19. 1 through 12.2.19.15 of this section govern actuals PALs.Amended 11-16-10 CC Air Quality Regulations 12.2-50 12.2.19.1 Applicability

(a) The Control Officer may approve t he use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in Sections 12.2.19.1 through 12.2.19. 15. The term “PAL” shall mean “actuals PAL” throughout Section 12.2.19.

(b) Any physical change in, or chan ge in the method of operation of, a major stationary source that main tains its total source-wide emissions below the PAL level, meet s the requirements of Section 12.2.19, and complies with the Aut hority to Construct Permit:

(1) Is not a major modifica tion for the PAL pollutant;

(2) Does not have to be approv ed through the PSD program; and

(3) Is not subject to the provisions in Section 12.2.17.4.

(c) Except as provided under paragr aph (b)(3) of Section 12.2.19.1, a major stationary source shall cont inue to comply with all applicable federal, state or county requirement s, emission limitat ions, and work practice requirements that were est ablished prior to the effective date of the PAL.

12.2.19.2 Definitions

(a) Unless the context otherwise requ ires, the following terms shall have the meanings set forth below for t he purposes of Section 12.2.19. When a term is not defi ned in these paragraphs , it shall have the meaning given in Section 0, Section 12.4, or the Act.

(1) “Actuals PAL for a major stat ionary source” means a PAL based on the baseline actual emissions of all emissions units at the source that emit, or have the pot ential to emit, the PAL pollutant.

(2) “Allowable emissions” means “a llowable emissions” as defined in paragraph (a)(3) of Section 12.2.2, except as that definition is modified according to paragraph (A) of this definition:

(A) The allowable emissions for any emissions unit shall be calculated considering any emis sion limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.

(3) “Major emissions unit” means:Amended 11-16-10 CC Air Quality Regulations 12.2-51 (A) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollu tant in an attainment area;

or

(B) Any emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount that is eq ual to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas.

(4) “PAL” means an emission limitation, expressed in tpy, for a pollutant at a major stationary source that is enforceable as a practical matter and established sour ce-wide in accordance with Sections 12.2.19.1 through 12.2.19.15.

(5) “PAL effective date” generally means the date of issuance of the Authority to Construct Permit. Ho wever, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modificati on becomes operational and begins to emit the PAL pollutant.

(6) “PAL effective period” means the period beginning with the PAL effective date and ending t en (10) years later.

(7) “PAL major modification” means , notwithstanding the definitions for major modification and net emissions increase, any physical change in, or change in the met hod of operation of, the PAL source that causes it to emit t he PAL pollutant at a level equal to or greater t han the PAL.

(8) “PAL pollutant” means the pollu tant for which a PAL is established at a major stationary source.

(9) “Significant emissions unit” m eans an emissions unit that emits, or has the potential to emit, a PAL pollutant in an amount that is equal to or greater than the signif icant level as defined in these AQRs or the Act, whichever is lo wer, for that PAL pollutant, but less than the amount that woul d qualify the unit as a major emissions unit.

(10) “Small emissions un it” means an emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount less than the significant level for that PAL pollutant as defined in these AQRs or the Act, whichever is lower.Amended 11-16-10 CC Air Quality Regulations 12.2-52 12.2.19.3 Permit Application Requirements

As part of a an applicati on for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source s hall submit the following information to the Contro l Officer for approval:

(a) A list of all emissions units at t he source designated as small, significant, or major based on their potentia l to emit. In addition, the owner or operator of the source shall indica te which, if any, federal, state or county applicable requirem ents, emission limitations, or work practices apply to each unit;

(b) Calculations of the baseline actu al emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of t he unit, but also emissions associated with startup, shut down, and malfunction; and

(c) The calculation proce dures that the major stationary source owner or operator proposes to use to conver t the monitoring system data to monthly emissions and annual em issions based on a 12-month rolling total for each month as requir ed by paragraph (a) of Section 12.2.19.13.

12.2.19.4 General Requirements for Establishing PALs

(a) The Control Officer may establis h a PAL at a major stationary source, provided that, at a minimu m, the requirements in paragraphs (a)(1) through (a)(7) of Section 12.2.19.4 are met.

(1) The PAL shall impose an annual emi ssion limitation, in tpy, that is enforceable as a practical ma tter, for the entire major stationary source. For each month duri ng the PAL effective period after the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from eac h emissions unit under the PAL for the previous twelve (12) c onsecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly em issions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

(2) The PAL shall be established in an Authority to Construct Permit that meets the public participa tion requirements in Section 12.2.19.5.

(3) The Authority to Construct Pe rmit shall contain all the requirements of Section 12.2.19.7.Amended 11-16-10 CC Air Quality Regulations 12.2-53 (4) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit, or have the potential to emit, the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate em issions of only one pollutant.

(6) Each PAL shall have a PAL effe ctive period of t en (10) years.

(7) The owner or operator of the ma jor stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Sections 12.2.19.12 through 12.2.19.14 for each emissions un it under the PAL through the PAL effective period.

(b) At no time during or after the PAL effective period are emissions reductions of a PAL pollutant which occur during the PAL effective period creditable as decreases for pur poses of offsets under Section 12.3.6 unless the level of the PAL is reduced by the amount of such emissions reductions and such reducti ons would be creditable in the absence of the PAL.

12.2.19.5 Public Participat ion Requirements for PALs

PALs for existing major stationary source s shall be established, renewed, or increased through the public participati on procedures in Section 12.2.16.

12.2.19.6 Setting the 10-year Actuals PAL Level

(a) Except as provided in paragraph (b ) of Section 12.2.19.6, the actuals PAL level for a major stationary sour ce shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source plus an amount equal to the applicable significant level for the PAL pollu tant under these AQRs or under the Act, whichever is lower. When est ablishing the actuals PAL level for a PAL pollutant, only one consecutiv e 24-month period must be used to determine the baseline actual emi ssions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollu tant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Co ntrol Officer shall specify a reduced PAL level( s) (in tpy) in the Authority to Construct Permit, to become effective on the futu re compliance date(s) of any applicable federal or state regulator y requirement(s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (thi s does not include modifications to existing units) on which actual co nstruction began after the 24-month period, in lieu of adding the baseline actual emi ssions as specified inAmended 11-16-10 CC Air Quality Regulations 12.2-54 paragraph (a) of Secti on 12.2.19.6, the emi ssions must be added to the PAL level in an amount equal to the PTE of the units.

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

The contents shall include the informa tion in paragraphs Section 12.2.19.7 (a) through (j) as listed below:

(a) The PAL pollutant and the applic able source-wide emission limitation in tpy.

(b) The effective date and the expirati on date of the PAL conditions (i.e., PAL effective period).

(c) Specification in the permit that if a major st ationary source owner or operator applies to renew the PAL conditions in accordance with Section 12.2.19.10 befor e the end of the PAL effective period, then the PAL conditions shall not expire at the end of the PAL effective period. It shall remain in effect until a revised Part 70 Operating Permit is issued by the Control Officer;

(d) A requirement that emission calc ulations for compliance purposes include emissions from startups , shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stationary source is subject to the r equirements of Section 12.2.19.9;

(f) The calculation proce dures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total, as required by paragraph (a) of Section 12.2.19.13;

(g) A requirement that the major st ationary source owner or operator monitor all emissions units in a ccordance with the provisions under Section 12.2.19.12;

(h) A requirement to retain th e records required under Section 12.2.19.13 on-site. Such records may be retained in an electronic format;

(i) A requirement to submit t he reports required under Section 12.2.19.14 by the required deadlines; and

(j) Any other requirement s that the Control Offic er deems necessary to implement and enforce the PAL conditions.Amended 11-16-10 CC Air Quality Regulations 12.2-55 12.2.19.8 PAL Effective Period and Reopen ing of the PAL Conditions in a Part 70 Operating Permit

The conditions in a Part 70 Operating Permit that contain a PAL shall include the following information:

(a) PAL Effective Period. The Control Officer shall specify a PAL effective period of ten (10) year s from the date of issuance.

(b) Reopening of the PAL Conditions in a Part 70 Operating Permit

(1) During the PAL effective period, the permit shall require the Control Officer to reopen the PAL conditions in a Part 70 Operating Permit to:

(A) Correct typographical/calculatio n errors made in setting the PAL, or reflect a more accura te determination of emissions used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under Section 12.3; or

(C) Revise the PAL to reflect an increase in the PAL, as provided under Section 12.2.19.11.

(2) The Control Officer may reopen t he conditions of a Part 70 Operating Permit authorizing a PAL for the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date.

(B) Reduce the PAL consistent with any other requirement that is enforceable as a practica l matter, and that the Control Officer may impose on the major stationary source under the Nevada SIP.

(C) Reduce the PAL if the Contro l Officer determines that a reduction is necessary to avoid ca using or contributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air quality-related value that has been identified for a feder al Class I area by a Federal Land Manager and for which information is available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Section 12.2.19.8 for the correction of typographical/calculation er-Amended 11-16-10 CC Air Quality Regulations 12.2-56 rors that do not increase the PAL level, all other reopenings shall be carried out as significant permit revisions to a Part 70 Operating Permit.

12.2.19.9 Expiration of a PAL

Any PAL which is not renewed in acco rdance with the procedures in Section 12.2.19.10 shall expire at the end of the PAL effective period, and the requirements in paragraphs (a) through (e ) of Section 12.2.19.9 shall apply.

(a) Each emissions unit (or each group of emissions units ) that existed under the PAL shall comply with an allowable emi ssion limitation under a revised Part 70 Operating Permit established according to the procedures in paragraphs (a)(1) and (a)(2) of Section 12.2.19.9:

(1) Within the time frame specifie d for PAL renewals in paragraph (b) of Section 12.2.19.10, the major stationary source shall submit a proposed allowable emissi on limitation for each emissions unit (or each group of emissi ons units, if such a distribution is more appropriate as deci ded by the Control Officer) by distributing the PAL allowable emissions for the affected major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that becam e effective during the PAL effective period, as required under paragraph (e) of Section 12.2.19.10, such distribution shal l be made as if the PAL had been adjusted.

(2) The Control Officer will deci de whether and how the PAL allowable emissions will be distributed and issue a revised Part 70 Operating Permit incorporating a llowable limits for each emissions unit, or each group of emi ssions units, as the Control Officer determines is appropriate.

(b) Each emissions unit(s) shall co mply with the allowable emission limitation on a 12-month rolling basis. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, orCPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (a)(2) of Section 12.2.19.9, the source s hall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.Amended 11-16-10 CC Air Quality Regulations 12.2-57 (d) Any physical change in, or change in the method of operation at, the major stationary source will be subjec t to major NSR requirements if such change meets the definit ion of major modification.

(e) The major stationary source owner or operator shall continue to comply with any federal, state or county applicable requirements that may have applied either during the PAL effective period or prior to the PAL effective period, except for those limitations that were eliminated by the PAL in accordance wit h the provisions of paragraph (b)(3) of Section 12.2.19.1.

12.2.19.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specif ied in Sections 12.2.19.5 and 12.4 in approving any request to renew the PAL conditions in a Part 70 Operating Pe rmit, and will provide both the proposed PAL level and a written rational e for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for t he source for consideration by the Control Officer.

(b) Application Deadline. A major stationary sour ce owner or operator shall submit a timely application to the Control Officer to request renewal of the PAL conditions in a Part 70 Operating Permit. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) prior to, the date of expiration of the Part 70 Operating Permit contai ning the PAL. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL conditions in a Part 70 Operating Permit with in this time period, then the PAL conditions shall continue to be effect ive until the revised permit with the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL conditions shall be incorporated into the application for renewal of the affected Part 70 Operating Permit, and shall contain the information required in paragraphs (c)(1) thro ugh (c)(4) of Section 12.2.19.10:

(1) The information required in paragraphs (a) through (c) of Section 12.2.19.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all em issions units under the PAL (with supporting documentation); andAmended 11-16-10 CC Air Quality Regulations 12.2-58 (4) Any other information the owner or operator wishes the Control Officer to consider in determini ng the appropriate level for renewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will considerthe options outlined in paragraphs (d)(1) and (d)(2) of this Sect ion 12.2.19.10. However, in no case may any such adjustment fail to comply with paragraph (d)(3) of Section 12.2.19.10.

(1) If the emissions level calculated in accordance with Section 12.2.19.6 is equal to or greater than eighty (80) percent of the PAL level, the Control Officer ma y renew the PAL at the same level without considering the fact ors set forth in paragraph (d)(2) of Section 12.2.19; or

(2) The Control Officer may set the PAL at a level that he determines to be more representative of the source’s baseline actual emissions, or that he or she determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the ar ea, desire to reward or encourage the source’s voluntary emi ssions reductions, or other factors as specifically identified by the Control Officer in his or her written rationale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stat ionary source is less than the PAL, the Control Officer shall adj ust the PAL to a level no greater than the PTE of the source; and

(B) The Control Officer shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with t he provisions of Section 12.2.19.11.

(e) If the compliance date for a federal or state requirement that applies to the PAL source occurs during t he PAL effective period, and if the Control Officer has not already adj usted for such requirement, the PAL shall be adjusted at the time the affected Part 70 Operating Permit is renewed.

12.2.19.11 Increasing a PAL duri ng the PAL Effective Period

(a) The Control Officer may increase a PA L emission limitation only if the major stationary source complies wit h the provisions in paragraphs (a)(1) through (a)(4) of Section 12.2.19.11:Amended 11-16-10 CC Air Quality Regulations 12.2-59 (1) The owner or operator of the major stationary source shall submit a complete application to requ est an increase in the PAL limit as a significant revision to the affected Part 70 Operating Permit. Such application shall ident ify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, t he major stationary source owner or operator shall demonstra te that the sum of the baseline actual emissions of the small emission s units, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BA CT-equivalent controls), plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. T he level of control that would result from BACT-equi valent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the app lication is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was es tablished within the preceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permitpursuant to Section 12.4 for all emissions unit(s) identified in paragraph (a)(1) of Section 12.2.19 .11, regardless of the magnitude of the emissions increase re sulting from them. The emissions unit(s) shall comply wit h any emissions requirements resulting from the Authority to Construct Permit issuance process, even though it has also become subject to the PAL or continues to be subject to the PAL.

(4) The PAL conditions in a Part 70 Operating Permit shall require that the increased PAL level be effective on the day any emissions unit that is part of the significant permit revision becomes operational and begins to em it the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissi ons of the significant and major emissions units (assuming applicati on of BACT-equivalent controls as determined in accordance wit h paragraph (a)(2) of Section 12.2.19.11), plus the su m of the baseline act ual emissions of the small emissions units.Amended 11-16-10 CC Air Quality Regulations 12.2-60 (c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level purs uant to the public notice requirements of Section 12.2.19.5.

12.2.19.12 Monitoring Re quirements for PALs

(a) General Requirements

(1) The PAL conditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that accurately determines plantwide emi ssions of the PAL pollutant in terms of mass per unit of ti me. Any monitoring system authorized for use in the PAL condi tions must be based on sound science and meet generally accept able scientific procedures for data quality and manipulat ion. Additionally, the information generated by such system must m eet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL conditions.

(2) The PAL monitoring system must employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in paragr aphs (b)(1) through (b)(4) of Section 12.2.19.12, and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL monitoring system may also em ploy an alternative monitoring approach that meets paragraph (a)(1 ) of Section 12.2.19.12 if approved by the Control Officer.

(4) Failure to use a monitoring syst em that meets the requirements of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requireme nts for Approved Monitoring Approaches. The following are acceptabl e general monitoring approaches when conducted in acco rdance with the minimum requirements in paragraphs (c) through (i) of Section 12.2.19.12:

(1) Mass balance calculations for activities using coatings or solvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.Amended 11-16-10 CC Air Quality Regulations 12.2-61 (c) Mass Balance Calculations. An owner or operat or using mass balance calculations to monitor PAL pol lutant emissions from activities using coatings or solvents shall meet the followin g requirements:

(1) Provide a demonstrated means of validating the published content of the PAL pollut ant that is contained in, or created by all materials used in or at, the emissions unit;

(2) Assume that the emissions unit emits all of t he PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

(3) Where the vendor of a material or fuel which is us ed in or at the emissions unit publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Control Officer determines there is site-specific data or a sitespecific monitoring program to support another content within the range.

(d) CEMS. An owner or operator using CE MS to monitor PAL pollutant emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator us ing a CPMS or PEMS to monitor PAL pollutant emissions s hall meet the following requirements:

(1) The CPMS or PEMS must be based on current site-specific datademonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another, less frequent interval approved by the Control Offi cer, while the emissions unit is operating.

(f) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions s hall meet the following requirements:Amended 11-16-10 CC Air Quality Regulations 12.2-62 (1) All emission factors shall be adju sted, if appropriate, to account for the degree of uncertainty or lim itations in the factors’ development;

(2) The emissions unit shall oper ate within the designated range of use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor wit hin six (6) months of permit issuance unless the Control Officer determines that testing is not required.

(g) A source owner or operator mu st record and report maximum potential emissions without considering enf orceable emission limitations or operational restrictions for an emi ssions unit during any period of time that there is no monitori ng data, unless another method for determining emissions during such periods is specified in the Authority to Construct Permit.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of Section 12.2.19.12, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit issuance:

(1) Establish default value(s) for determining compliance with the PAL based on the highest potenti al emissions reasonably estimated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no corre lation between monitored parameter(s) and the PAL pollutant em issions is a violation of the PAL.

(i) Revalidation. All data used to establis h the PAL pollutant must be revalidated through performance testi ng or other scientifically valid means approved by the Control Office r. Such testing must occur at least once every five (5) years afte r issuance of the Part 70 Operating Permit containing the PAL conditions.

12.2.19.13 Recordkeeping Requirements

(a) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section 12.2.19 and of theAmended 11-16-10 CC Air Quality Regulations 12.2-63 PAL, including a determination of eac h emissions unit’s 12-month rolling total emissions, for five (5) year s from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective per iod plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 70 Operating Permit and any applicat ions for revisions to the affected Part 70 Operating Permi t relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the conditions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance.

12.2.19.14 Reporting and No tification Requirements

The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the Contro l Officer, in accordance with the conditions in the affected Part 70 Operat ing Permit. The reports shall meet the requirements in paragraphs (a) th rough (c) of Section 12.2.19.14.

(a) Semiannual Report. The semiannual report shall be submitted to the Control Officer within thirty ( 30) days of the end of each reporting period. This report shall contain the information required in paragraphs (a)(1) through (7) of Section 12.2.19.14:

(1) The identification of the owner and operator and the permit number;

(2) Total annual emissions (in tpy) , based on a 12-month rolling total for each month in the reporting period recorded pursuant to paragraph (a) of Section 12.2.19.14;

(3) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions;

(4) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period;

(5) The number, duration, and caus e of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any moni toring system, whether the shutdown was permanent or te mporary, the reason for the shutdown, the anticip ated date that the m onitoring system willAmended 11-16-10 CC Air Quality Regulations 12.2-64 be fully operational or replaced with another monitoring system, whether the emissions unit monito red by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determi ned by method included in the permit, as provided by paragraph (g ) of Section 12.2.19.12; and

(7) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(b) Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL conditions, including periods where no monitoring was available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The devia tion reports shall be submitted within the time limits pr escribed by the affect ed Part 70 Operating Permit. The reports shall cont ain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that exper ienced the deviation or that was exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(c) Revalidation Results. The owner or operator shall submit to the Control Officer the results of any re validation test or method within three (3) months after completi on of such test or method.

12.2.19.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with the requirements in Sections 12. 2.19.1 through 12.2.19.15 after the Administrator has approved regulati ons incorporating these requirements into the Nevada SIP.

(b) The Control Officer may superse de any PAL which was established prior to the date of approval of t he Nevada SIP by the Administrator with a PAL that complies with the r equirements of Sections 12.2.19.1 through 12.2.19.15.Amended 11-16-10 CC Air Quality Regulations 12.2-65 12.2.20 Invalidation

If any provision of Secti on 12.2.19, or the application of such provision to any person or circumstance, is held invalid, the remainder of Section 12.2.19, or the application of such provision to per sons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010. Amended November 16, 2010.Adopted 05

- 18

- 10 CC Air Quality Regulations 12.3

- i SECTION 12.3: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN NONATTAINMENT AREAS

12.3 Permit Requirements for Major Sources in Nonattainment Areas

........................ 1 12.3.1 Applicability Procedures

................................ ................................ ....... 1 12.3.1.1 Prec onstruction Review Requirements

................................ 1 12.3.1.2 Construction of Major Sources or Modifications

................... 1 12.3.1.3 Authority to Construct Permit Requirement

.......................... 1 12.3.1.4 Projects

................................ ................................ ................ 1 12.3.1.5 Major Sources with Plantwide Applicability Limitations

........ 2 12.3.1.6 Existing Emission Unit Projects

................................ ............ 2 12.3.1.7 Availability of Information

................................ ...................... 4 12.3.1.8 Secondary Emissions

................................ ........................... 4 12.3.2 Definitions

................................ ................................ ............................. 4 12.3.3 Statewide Compliance

................................ ................................ ........ 23 12.3.4 Analysis of Alternatives

................................ ................................ ...... 23 12.3.5 Lowest Achievable Emission Rate

................................ ..................... 23 12.3.5.1 Applicable Requirements

................................ .................... 23 12.3.5.2 Permit Requirements to Achieve LAER

.............................. 23 12.3.6 Emissions Offset

................................ ................................ ................. 24 12.3.6.1 Sufficiency of Reductions

................................ ................... 24 12.3.6.2 Offset Methods

................................ ................................ ... 24 12.3.6.3 Restrictions on Trading Pollutants

................................ ...... 24 12.3.6.4 Timing

................................ ................................ ................. 25 12.3.6.5 Quantity

................................ ................................ .............. 25 12.3.6.6 Emission Reduction Requirements

................................ .... 26 12.3.6.7 Location of Internal Reductions

................................ .......... 27 12.3.6.8 Emission Reducti on Credit Requirements

.......................... 27 12.3.6.9 ERC Registry

................................ ................................ ...... 28 12.3.7 Source Obligation

................................ ................................ ............... 28 12.3.7.1 Enforcement

................................ ................................ ....... 28 12.3.7.2 Termination

................................ ................................ ........ 28 12.3.7.3 Compliance

................................ ................................ ........ 28 12.3.7.4 Relaxation in Enforceable Limitations

................................ 28 12.3.8 Public Participation

................................ ................................ ............. 29 12.3.9 Plantwide Applicability Limits (PAL)

................................ .................... 29 12.3.9.1 Applicability

................................ ................................ ........ 29 12.3.9.2 Definitions

................................ ................................ ........... 29 12.3.9.3 Permit Application Requirements

................................ ....... 31 12.3.9.4 General Requirements for Establishing PALs

.................... 31 12.3.9.5 Public Participation Requirements for PALs

....................... 32 12.3.9.6 Setting the 10

- year Actuals PAL Le vel

............................... 32 12.3.9.7 Part 70 Operating Permits with PALs

................................ . 33 12.3.9.8 PAL Effective Period and Reopening of PAL Conditions

.... 34 12.3.9.9 Expiration of a PAL

................................ ............................. 35Adopted 05

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- 10 CC Air Quality Regulations 12.3

- ii 12.3.9.10 Renewal of a PAL

................................ ............................... 36 12.3.9.11 Increasing a PAL during the PAL Effective Period

............. 38 12.3.9.12 Monitoring Requirements f or PALs

................................ ..... 39 12.3.9.13 Recordkeeping Requirements

................................ ............ 42 12.3.9.14 Reporti ng and Notification Requirements

........................... 42 12.3.9.15 Transition Requirements

................................ .................... 43 12.3.10 Potential Visibility Impacts

................................ ................................ .. 44 12.3.11 Invalidation

................................ ................................ ......................... 44

LIST OF TABLES

Table 12.3

- 1. Federal Offset Ratio Requirements by Area Designation and Pollutant

................................ ................................ ................................ 26Adopted 05

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- 1 12.3 Permit Requirements for Major Sources in Nonattainment Areas

12.3.1 Applicability Procedures

12.3.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.3 shall apply to the construction of any new major stationary source or any project at an existing major stationary source in an area designated as nonattainment for any N ational Ambient Air Quality Standard under Section 107(d)(1)(B) of the Act [42 USC § 7407(d)(1)(B)].

12.3.1.2 Construction of Major Sources or Modifications

The requirements of Sections 12.3.3 through 12.3.8 apply to the constru ction of any new major stationa ry source or the major modification of any e xisting major stationary source if the stationary source or modification is m ajor for the regulated NSR pollutant for which the area is designated nonattainment under 40 CFR Part 81, except as Section 12.3 otherw ise provides.

12.3.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requir ements of Sections 12.3.3 through 12.3.8 apply shall begin actual constru ction without an Authority to Construct Permit issued pursuant to Section 12.4 that states that the major stationary source or major modification will meet those requirements.

12.3.1.4 Projects

The requirements of Section 12.3.1.4 apply to projects at major stationary sources in accordance with the principles set out in paragraphs (a) through (e) of Section 12.3.1.4.

(a) Except as otherwise provided in Section 12.3.1.5, a project is a major modification for a regulated NSR pollutant if it causes two (2) types of emissions increases: a significant emissions increase and a signif icant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions i ncrease.

(b) The procedure for calculating (before beginning actual construction) whether a significant emissions increase will occur depends upon the type of emissions units being added or modified as part of theAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 2 project, accordin g to paragraphs (c) through (e) of Section 12.3.1.4. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the major stationary source is contained in the definition of net emissions i ncrease. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions i ncrease and a significant net emissions increase.

(c) Actual

- to

- Projected

- Actual Applicability Test for Projects that Onl y Involve Existing Emissions Units. A significant emissions i ncrease of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

(d) Actual

- to

- Potential Test for Projects that Only Involve Constru ction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the PTE from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

(e) Hybrid Test for Projects that Involve Multiple Types of Emi ssions Units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraphs (c) or (d) of Section 12. 3.1.4, as applicable with respect to each emi ssions unit, equals or exceeds the significant amount for that pollutant.

12.3.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source with a PAL for a regulated NSR pollutant, the majo r stationary source shall comply with the requirements in Section 12.3.9.

12.3.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing emissions unit at a major stationary source, other than a source with a P AL; the project is not a part of a major modification; and the owner or operator elects to use the method specified in paragraphs (1)(A) through (1)(D) of the definition of projected actual emissions.

(a) Before beginning actual construction of the project, a nd as a cond ition of the source’s Authority to Construct Permit, the owner or o p-Adopted 05

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- 3 er a tor shall document and maintain a record of the following inform ation:

(1) A description of the project;

(2) Identification of the emissions unit(s) whose emissions of a r egulated N SR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the project is not a major modification for any regulated NSR poll utant, including the baseline actual emissions, the projected a ctual emissio ns, the amount of emissions excluded under par agraph (1)(D) of the definition of projected actual emissions and an explanation for why such amount was excluded, and any ne tting calculations, if applicable.

(b) If the emissions unit is an existing emissions uni t, before beginning actual construction, the owner or operator shall provide a copy of the information set out in paragraph (a) of Section 12.3.1.6 to the Control Officer. Nothing in this paragraph shall be construed to require the

owner or operator of suc h a unit to obtain any determination from the Control Officer before beginning actual construction, except such

owner or operator may still be subject to the requirements of Section 12.1, Section 12.4, or other applicable requirements.

(c) The owner or operato r shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit identified in paragraph (a)(2) of Section 12.3.1.6; and calculate and maintain a record of the annual emi ssions (in tpy) for a period of five (5) years following resumption of regular operations after the change, or for a period of ten (10) years following resumption of regular operations after the change if the project increases the design capacity of, or po tential to emit that regulated NSR pollutant at, any emissions unit.

(d) If the emissions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer within sixty (60) days after the end of eac h calendar year during which records must be generated under paragraph (c) of Section 12.3.1.6 setting out the unit’s annual emissions during the calendar year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit othe r than an ele ctric utility steam generating unit, the owner or operator shall submit a report to the Control Officer if the annual emissions, in tpy, from the project identified in paragraph (a) of Section 12.3.1.6 exceed the baseline actual emissions (as documented and maintained pursuantAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 4 to paragraph (a)(3) of Section 12.3.1.6), by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions (prior to exclusion of the amount of emi ssions under the definition of projected actual emissions) as doc umented and maintained pursuant to paragraph (a)(3) of Section 12.3.1.6. Such report shall be submitted to the Control Officer within sixty (60) days after the end of such year. The report shall contain the following:

(1) The name, address, and telephone number of the major stati onary source;

(2) The annual emissions, as calculated pursuant to paragraph (c) of Section 12.3.1.6; and

(3) Any other information that the owner or operator wishes to i nclude in the report (e.g. , an explanation as to why the emissions differ from the preconstruction projection).

12.3.1.7 Availability of Information

The owner or operator of the source shall make the information required to be documented and maintained pursuant to Section 12.3.1.6 available for review upon a request for inspection by the Control Officer.

12.3.1.8 Secondary Emissions

Secondary emissions shall not be considered in determining whether a st ationary source would qualify as a major stationary source. If a stationary source is subject to Section 12.3 on the basis of the direct emissions from the stationary source, the requirements of Section 12.3.6, but no other pr ovisions of Section 12.3, must also be met for secondary emissions.

12.3.2 Definitions

Unless the context otherwise requires, the fol lowing terms shall have the meanings set forth below for the purposes of Section 12.3. When a term is not defined in these paragraphs, it shall have the meaning given in Section 0, or in the Act, in that order of priority.

(a) "Actual emissions" means the act ual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with this definition.

(1) In general, actual emissions as of a particular date shall equal the average rate, in tpy, at which the emissions unit actually emi tted the regulated NSR pollutant during a consecutive 24

- month period which precedes the particular date and which isAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 5 representative of normal source operation. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual o perating hours, production rates, and types of materials processed, stored, or combusted during the selected time p eriod.

(2) The Control Officer may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(3) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the PTE of the unit on th at date.

(4) This definition shall not apply for calculating whether a signif icant emissions increase has occurred, or for establishing a PAL under Section 12.3.9. Instead, projected actual emissions and baseline actual emissions shall apply for those purposes

. (b) "Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which r estrict the operating rate, hours of operation, or both) and the most stringent of the following:

(1) Any applicable standards set forth in these AQRs and 40 CFR Parts 60, 61, or 63;

(2) Any applicable emission limitation in the Nevada SIP, including those with a future compliance date; or

(3) The emissions rate specified a s a federally enforceable permit condition, including those with a future compliance date.

(c) "Baseline actual emissions" means the rate of emissions, in tpy, of a regulated NSR pollutant, as determined in accordance with par agraphs (c)(1) through (c)(4) of t his definition.

(1) For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tpy, at which the unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator wit hin the 5

- year period immediately preceding when the owner or operator begins actual construction of the project. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operat ion.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 6 (A) The average rate shall include fugitive emissions, to the extent quantifiable, and emissions associated with startups and shutdowns, except emissions from a shutdown ass ociated with a malfunction.

(B) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was l ega l ly enforceable during the consecutive 24

- month period.

(C) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must comply as of the particular date, had such major stationary source been required to comply with such limitations during the consecutive 24

- month period. For the purposes of dete rm ining baseline actual emissions for contemporaneous changes pursuant to paragraph (1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emi ssion limitation is part of a m aximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has taken credit for such emissions reductions in an attainment de monstration or maintenance plan, consistent with the r equirements of 40 CFR 51.165(a)(3)(ii)(G).

(D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period must be used to determine the baseline ac tual emissions for the emissions units being changed. A diffe rent consecutive 24

- month period can be used for each r egulated NSR pollutant.

(E) The average rate shall not be based on any consecutive 24

- month period for which there is inadequate information for determining annual emissions, in tpy, and for adjusting this amount if required by this definition.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tpy, at which the emissions unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 10

- year period immediately preceding either the date the owner or operator begins actual construction of the project, or t he date a complete permit appl i-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 7 cation is received by the Control Officer for a permit required under these AQRs, whichever is earlier, except that the 10

- year period shall not include any period earlier than November 15, 1990.

(A) The average rate shall includ e fugitive emissions to the e xtent quantifiable.

(B) The average rate shall include emissions associated with startups and shutdowns, except emissions from a shu tdown associated with a malfunction.

(C) The average rate shall be adjusted downward to exclude
any non compliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24

- month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must comply as of a particular date, had such major stationary source been required to comply with such limitations during the consecutive 24

- month period. For the purposes of dete rmining basel ine actual emissions for contemporaneous changes pursuant to paragraph (1)(B) of the definition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emi ssion limitation is part of a maximum achi evable control technology standard that the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the State of Nevada has taken credit for such emissions reductions in an a ttainment demonstration or maintenance plan, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24

- month period must be used to determine the baseline actual emissi ons for all the emissions units being changed. A di fferent consecutive 24

- month period can be used for each regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive 24

- month period for which there is inadequate information for determ ining annual emissions, in tpy, and for adjusting this amount if required by paragraphs (2)(B) and (2)(C) of this definition.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 8 (3) For a new emissions unit, the baseline actual emissions for pu rposes of determining the emissions increase that will result from
t he initial construction and operation of such unit shall equal z ero; and thereafter, for all other purposes, shall equal the unit’s PTE.

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility stea m generating units in accordance with the procedures contained in paragraph (1) of this definition; for other existing emissions units, in acco rdance with the procedures contained in paragraph (2) of this d efinition; and for a new emissions unit, in accord ance with the procedures contained in paragraph (3) of this definition.

(d) "Basic design parameter" means:

(1) Except as provided in paragraph (3) of this definition, for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either ma ximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specific ations in terms of weight or volume, the mi nimum fuel quality based on Btu content shall be used for determining the basic design parameter(s) for a coal

- fired electric utility steam gen erating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any proce ss unit that is not at a steam electric generating facility are maximum rate of fuel or heat i nput, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources havin g multiple end products and raw materials, the owner or operator should consider the prim ary product or primary raw material when selecting a basic d esign parameter.

(3) If the owner or operator believes the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Control Officer an alternative basic design parameter(s) for the source’s process unit(s). If the Control O fficer approves of th e use of an alternative basic design param eter(s), the Control Officer shall issue a permit that is legally e nforceable that records such basic design parameter(s) and requires the owner or operator to comply with such param eter(s).Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 9 (4) The owner or operator s hall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establis hing the magnitude of the basic design parameter(s) specified in paragraphs (1) and (2) o f this definition.

(5) If design information is not available for a process unit, then the owner or operator shall determine the process unit’s basic d esign parameter(s) using the maximum value achieved by the process unit in the 5

- year period immediately prec eding the planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to e xceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.

(e) "Begin actual construction" means in general, initiation of physical

on

- site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are no t limited to, i nstallation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With r espect to a change in method of operating, this term refers to those

on

- site activities other than prep aratory activities which mark the ini tiation of the change.

(f) "Best Available Control Technology (BACT)" means an emission lim itation (including a visible emissions standard) based on the max imum degree of reduction for each regulated NSR pollutant which

wou ld be emitted from any proposed major stationary source or m ajor modification which the Control Officer, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or m odif ication through application of production processes or available m ethods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of BACT result in emissions of any poll utant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the Control Officer dete rmines that technological or economic limitations on the application of measurement methodology to a p articular emissions unit would make the imposition of an emissions standard infeasible, a design, equi pment, work practice, operational standard or combination thereof may be prescribed instead to satisfy the requirement for the applic ation of BACT. Such s tandard shall, to the degree possible, set forthAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 10 the emissions reduction achievable by implementation of such d esign, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(g) "Building, structure, facility, or installation" means all of the pollutant

emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common
cont rol) except the activities of any vessel. Pollutant

- emitting activ ities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same SIC or NAICS code) as described in either the Standard Ind ustrial Classification (SIC) manual, 1972, as amended by the 1977 supplement or the North American Industry Classification System (NAICS) manual.

(h) "Categorical stationary source" means any stationary source of air pollutants that belongs to one of the following categories of stationary

sources :

(1) Fossil fuel

- fired steam electric plants of more than 250 million Btu per hour heat input;

(2) Coal cleaning plants (with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerators capable of charging more than 50 tons of refuse per day;

(10) Hydrofluoric, sulfuric, or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock pr ocessing plants;

(14) Coke oven batteries;Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 11 (15) Sulfur recovery plants;

(16) Carbon black plants (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil

- fuel boilers (or combin ation thereof) totaling more than 250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capac ity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber processing plants;

(26) Charcoal production plants; and

(27) Any other stationary source category, which as of August 7, 1980 is being regulated under Section 111 or 112 of the Act.

(i) "Clean coal technology" means any technology, including technol ogies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility which will achieve significant r edu c tions in air emissions of sulfur dioxide or oxides of nitrogen ass ociated with the utilization of coal in the generation of electricity, or process steam which was not in widespread u se as of November 15, 1990.

(j) "Clean Coal Technology Demonstration Project" means a project u sing funds appropriated under the heading “Department of Energy

Clean Coal Technology,” up to a total amount of $2.5 billion for commercial demonstration of clean co al technology, or similar projects funded through appropriations for the EPA. The federal co ntribution for a qualifying project shall be at least twenty (20) percent of the total cost of the demonstration project.

(k) "Commence," as applied to construction of a major stationary source or major modification, means that the owner or operator has all n e-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 12 cessary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual on

site construction of the source, to be completed within a re asonable time; or

(2) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of a ctual co nstruction of the source, to be completed within a reasonable time.

(l) "Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Control Officer from requesting or accepting any additional information.

(m) "Construction" means any physical change, or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit), that would result in a change in emissions.

(n) "Continuous Emissions Monitoring System (CEMS)" means all of the equipment that may be required to meet the data acquisition and availability requirements of Section 12.3, to sample, condition (if a pplicable), analyze, and provide a record of emissions on a continuous basis.

(o) "Continuous Emissions Rate Monitoring System (CERMS)" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(p) "Continuous Pa rameter Monitoring System (CPMS)" means all of the equipment necessary to meet the data acquisition and availability r equirements of Section 12.3, to monitor process and control device operational parameters and other information and to record average
oper ational parameter value(s) on a continuous basis.

(q) "Electric Utility Steam Generating Unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one

- third of its potential electric output capacity, and more tha n 25 MW of electrical output, to any utility power distribution system. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also considered in d etermining the ele ctrical energy output capacity of the affected facility.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 13 (r) "Emission Reduction Credit (ERC)" means a unit of emission redu ction (in tpy) that has been issued by the Control Officer in accordance with the provisions set forth in Sections 12. 3.6 and 12.7.

(s) "Emissions Unit" means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and i ncludes an electric utility steam generating unit. For purposes of Se ction 12.3, there are two types of e missions units as described in p aragraphs (1) and (2) of this definition:

(1) A “new emissions unit” is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operate d. For the purposes of this definition, the date an emissions unit first ope rated shall not be extended by any shakedown period esta blished pursuant to paragraph (aa)(6) of Section 12.3.2.

(2) An “existing emissions unit” is any emissions unit that does not

me et the requirements in paragraph (1) of this definition. A r eplacement unit is an existing emissions unit.

(t) "Federally Enforceable" means all limitations and conditions which are enforceable by the Administrator.

(u) "Federal Land Manager" means, with respect t o any lands in the United States, the Secretary of the Department with authority over such lands.

(v) "Fugitive Emissions" means those emissions which could not re asonably pass through a stack, chimney, vent, or other functionally equivalent opening.

(w) "Lowest A chievable Emission Rate (LAER)" means, for any source, the more stringent rate of emissions based on the following:

(1) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary s ource, unless the owner or operator of the proposed major stationary source demonstrates that such limitations are not achievable; or

(2) The most stringent emission limitation which is achieved in pra ctice by such class or category of stationary sources. This limit ation, when applied to a major modification, means the LAER for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any poll u-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 14 tant in excess of the amount allowable under an applicable new source standard of performance.

For purposes of this definition only, the term “any state” means a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and Ame rican Samoa, and i ncludes the Commonwealth of the Northern Mariana Islands.

(x) "Major Modification" means any physical change in, or change in the method of operation of, a major stationary source that would result in a significant emissions increase of a re gulated NSR pollutant and a significant net emissions increase of that pollutant from the major st ationary source.

(1) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for vo latile organic compounds shall be considered si gnificant for ozone.

(2) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for nitrogen oxides shall be considered significant f or ozone unless EPA has granted a waiver for nitrogen oxides emissions under Section 182(f) of the Act and the waiver co ntinues to apply.

(3) A physical change or change in the method of operation shall not include:

(A) Routine maintenance, repair, and replacement ;

(B) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any s uperseding legislation), or by reason of a natural gas cu rtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule u nder Section 125 of the Act;

(D) Use of an alternative fuel at a steam generating unit, to the extent that the fuel is generated from municipal solid waste;

(E) Use of an alternative fuel or raw material by a stationary source which:Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 15 (i) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally enforceable permit condition which was established after December 21, 1976 pursuant to Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I.

(ii) The source is approved to use under any permit i ssued under Section 12.

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited und er any federally enforceable permit condition which was established after December 21, 1976;

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a Temporary Clean Coal Technology Demonstration Project,
prov ided that the project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and mai ntain the National Ambient Air Quality Standards du ring the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal T echnology Demonstration Project that constitutes rep owering, provided that the project does not result in an i ncrease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a poll utant

- by

- pollutant basis; or

(J) The reactivation of a very clean coal

- fired electric utility steam generating unit.

(4) This definition shall not apply with respect to a particular reg ulated NSR pollutant when the Major Stationary Source is co mplying with the requirements under Section 12.3. 9 for a PAL for that regulated NSR pollutant. Instead, the definition of PAL m ajor modification shall apply.

(5) The fugitive emissions of a major stationary source shall not be included in determining, for any of the purposes of Section 12.3, whether a partic ular physical change or change in the method of operation is a major modification unless the major stationary source is a categorical stationary source or belongs to any otherAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 16 stationary source category which, as of August 7, 1980, was b eing regulated unde r Section 111 or 112 of the Act.

(y) "Major Stationary Source" means:

(1) Any stationary source of air pollutants which emits, or has the potential to emit, 100 tpy or more of any regulated NSR poll utant except:

(A) For an area designated nonattainment for PM 10 and cl ass ified as “serious,” a major stationary source is a stationary source which emits, or has the potential to emit, seventy (70) tpy or more of PM 10

. (B) A major stationary source is a stationary source which emits, or has the potential to emit, fifty (50) tpy or more in an area classified as “serious” nonattainment for CO where stationary sources significantly contribute to ambient CO levels, as determined under regulations issued by EPA pursuant to the Act.

(C) For an area designated nonattainment for ozone, a sou rce with the potential to emit VOC or NOx in the following amounts shall be considered a major stationary source:

(i) ≥100 tpy in areas classified as “marginal” or “mo derate”;

(ii) ≥50 tpy in areas classified as “serious”;

(iii) ≥25 tpy in areas classified as “severe”; a nd

(iv) ≥10 tpy in areas classified as “extreme.”

(2) Any physical change that would occur at a stationary source not qualifying as a major stationary source under paragraph (1) of this definition, if the change would constitute a major stationary source by itself under paragraph (1).

(A) A major stationary source that is major for volatile organic compounds shall be considered major for ozone.

(B) A major stationary source that is major for nitrogen oxides shall be considered major for ozone, unless EPA has granted a waiv er for nitrogen oxides emissions under Se ction 182(f) of the Act and the waiver continues to apply.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 17 (3) The fugitive emissions of a stationary source shall not be i ncluded in determining for any of the purposes of Section 12.3 whether it is a major stationary source, unless the source is a categorical stationary source or belongs to any other stationary source category which, as of August 7, 1980, was being reg ulated under Section 111 or 112 of the Act.

(z) "Necessary preconstruction approvals or permits" means those pe rmits or approvals required under air quality control laws and regul ations that are part of the Nevada SIP, these AQRs, or federal air
qua l ity control laws and regulations, including the Authority to Co nstruct Permits issued pursuant to Section 12 .4.

(aa) "Net Emissions Increase " means, with respect to any regulated NSR pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change, or change in the method of operation, at a stati onary source as calculated pursuant to paragraphs (a) through (e) of Section 12.3.1.4; and

(B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the p articular change and are otherwise creditable.

(i) For the purposes of calculating increases and d ecreases under paragraph (1)(B) of this definition, baseline actual emissions prior to the contempor aneous project shall be determined as provided in the definiti on of baseline actual emissions, except that paragraphs (1)(D) and (2)(E) of that definition shall not apply.

(ii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be d ete rmined as provided in the definition of actual emissions, except as provided in paragraph (1)(E) of this definition.

(iii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, if the Control Officer determines that there is no sufficiently represent ative time period of actual emissions after a conte mporaneous project, pursuant to paragraph (a)(1) of Section 12.3.2, actual emissions after the conte m-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 18 poraneous project shall be determined as provided in the definition of projected a ctual emissions.

(iv) For the purposes of calculating decreases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual emissions.

(2) An increase or decrease in actua l emissions is contemporan eous with the increase from the particular change only if it occurs between the date five (5) years before construction on the pa rticular change commences and t he date that the increase from the particular change occurs.

(3) An increa se or decrease in actual emissions is creditable only if the Control Officer has not relied on it in issuing a permit for the source under Section 12, or any other regulation approved by the Administrator pursuant to 40 CFR Part 51 or 40 CFR Part 52.21, wh ich permit is in effect when the increase in actual emissions from the particular change occurs.

(4) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions i s creditable only to the extent that:

(A) The old level of actual emissions or the old level of allow able emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is enforceable as a practical matter at and after the time that actual constr uction on the particular change begins;

(C) The Control Officer has not relied on it in issuing any pe rmit under Section 12 or any other regulations approved pursuant to 40 CFR Part 51, Subpart I, nor has the state of Nevada relied on it in demonstrating attai nment or reaso nable further progress; and

(D) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source o ccurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 19 Any replacement unit that requires shakedown, or any new emissions unit that replaces an existing emissions unit and that requires shaked own, becomes operational only after a reason able shakedown period, not to exceed one hundred eighty (180) days.

(bb) "Nonattainment Major New Source Review (NSR) Program" means a major source preconstruction permit program that has been a pproved by the Administ rator and incorporated into the Nevada SIP, or a program that implements 40 CFR Part 51, Appendix S, Sections I through VI. Any permit issued under such a program is a major NSR permit.

(cc) "Permanent" means an emission reduction which is federally enfo rceable for the life of a corresponding increase in emissions. For fe deral Emission Reduction Credits (ERCs), emission reductions for a stationary source are permanent if the reductions are federally enfo rceable and the reductions occur over the duration of the E RC rule.

(dd) "Potential to Emit (PTE)" means the maximum capacity of a stati onary source to emit a pollutant under its physical and operational d esign. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air poll ution control equipment and restrictions on hours of operation or on the types or amounts of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emi ssions is federally enfor ceable. Secondary emissions do not count in determining the PTE of a stationary source.

(ee) "Predictive Emissions Monitoring System (PEMS)" means all of the equipment necessary to monitor process and control device oper ational parameters and other information, and calculate and record the mass emissions rate on a continuous basis.

(ff) "Prevention of Significant Deterioration (PSD) Permit" means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorp orated into the Nevada SIP to implement the requirements of Part C, Subchapter I of the Act.

(gg) "Project" means a physical change in, or change in the method of operation of, an existing major stationary source.

(hh) "Projected Actual Emissions" means t he maximum annual rate, in tpy, at which an existing emissions unit is projected to emit a reg ulated NSR pollutant in any one of the five (5) years (12

- month period) following the date the unit resumes regular operation after theAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 20 project, or in any one of the ten (10) years following that date, if the project involves increasing the design capacity or PTE of any emi ssions unit for that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stati onary source:

(A) Shall consider all relevant information, including, but not limited to, historical operational data, the company’s own representations, the company’s expected business activity and the company’s highest projections of business activity, the company’s filings with the county, state or federal reg ulatory authorities, and compliance plans under these AQRs;

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shu tdowns, except emissions from a shutdown associated with a malfunction; and

(D) Shall exclude, only fo r calculating any increase in emi ssions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emi ssions and that are also unrelated to the particular project, including any increased utilization due to product demand growth.

(2) In lieu of using the method set out in paragraphs (1)(A) through (1)(D) of this definition, the owner or operator of the major st ationary source may elect to use the emissions unit’s PTE in tpy.

(ii) "Regulated NSR Pollutant," for purposes of Section 12.3, means:

(1) Nitrogen oxides or any volatile organic compounds;

(2) Any pollutant for which a National Ambient Air Quality Standard has been promulgated and any constituents or precursors ide ntified by the Administrator; or

(3) Any pollutant that is a constituent or precursor of a general po llutant listed under paragraphs (1) or (2) of this definition, pr o-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 21 vided that a constituent or precu rsor pollutant may only be reg ulated under NSR as part of regulation of the general pollutant.

(jj) "Replacement Unit" means an emissions unit for which all the criteria listed in paragraphs (1) through (4) of this definition are met. No cr editable emission red uctions shall be generated from shutting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an exis ting emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of the process unit.

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforce able as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

(kk) " Secondary Emissions" means emissions which would occur as a r esult of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of Sectio n 12.3, secon dary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facilit y which would not be co nstructed or increase its emissions except as a result of the constru ction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come d irectly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(ll) "Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for any purpose except ro utine phasing out of process equipment.

(mm) "Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:

(1) Carbon monoxide:Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 22 (A) 100 tpy; or

(B) 50 tpy in an area designated nonattainment for CO and classified as "serious," and where stationary sources si gni f icantly contribute to ambient CO levels as determined under regulations issued by EPA pursuant to the Act.

(2) Nitrogen oxides: 40 tpy;

(3) Sulfur dioxide: 40 tpy;

(4) Oz one:

(A) 40 tpy of VOCs; or

(B) 40 tpy of nitrogen oxides, unless EPA has granted a waiver for nitrogen oxides emissions under Section 182(f) of the Act and the waiver continues to apply.

(5) PM 10 : 15 tpy;

(6) PM 2.5: 10tpy of direct PM2.5 emissions or 40 tpy of sulfur dioxide emissions or 40 tpy of nitrogen dioxide emissions; and

(7) Lead: 0.6 tpy.

(nn) "Significant Emissions Increase" means, for a regulated NSR poll utant, an increase in emissions that is significant for that pollutant.

(oo) "Startup" means the setting int o operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment.

(pp) "Stationary Source" means any building, structure, facility, or install ation which emits or may emit a regulated NSR pol lutant.

(qq) "Surplus" means an emission reduction that has not been relied on in any air quality program related to any SIP, that is not a Nevada SIP requirement, that is not a requirement of a state air quality program that has been adopted but is not in the Nevada SIP, is not credited in any federal reasonable further progress or other milestone demo nstration, is not a requirement of a consent decree, is not a requir ement of a federal rule that focuses on reducing criteria air pollutants or their precursors, and has not already been credited in any other air quality program. The purpose of requiring that emissions offsets be surplus is to prohibit double

- counting of emission reductions.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 23 (rr) "Temporary Clean Coal Technology Demonstration Project" means a Clean Coal Technology Demonstration Project that is operated for a period of five (5) years or less, and which complies with the SIP for the state in which the project is located and with other requirements necessary to attain and maintain the National Ambient Air Q uality Standards during the project and after it is terminated.

12.3.3 Statewide Compliance

Prior to issuance of an Authority to Construct Permit for a new major stati onary source or major modification subject to Section 12.3, the applicant shall either demonstrate that each existing major stationary source owned or o perated by the applicant in the state of Nevada is in compliance with all appl icable emission limitations and standards under the Act or is in compliance with an expeditious schedule w hich is federally enforceable or contained in a court decree.

12.3.4 Analysis of Alternatives

Prior to issuance of an Authority to Construct Permit for a new major stati onary source or major modification subject to Section 12.3, t he applicant shall submit an ana lysis of alternative sites, sizes, production processes, and e nvironmental control techniques for the proposed source that demonstrates, to the satisfaction of the Control Officer, that the benefits of the proposed source significantly outweigh the environ mental and social costs imposed as a result of its location, construction, or modification.

12.3.5 Lowest Achievable Emission Rate

12.3.5.1 Applicable Requirements

A major stationary source or major modification shall meet each applicable requirement

.

12.3.5.2 Permit Requirement s to Achieve LAER

An Authority to Construct Permit for a new major stationary source or major modification shall contain terms and conditions sufficient to ensure that the major stationary source or major modification will achieve LAER in acco rdance with p aragraphs (a) and (b) of Section 12.3.5.2:

(a) A new major stationary source shall achieve LAER for each reg ulated NSR pollutant that it would have the potential to emit in signif icant amounts.

(b) A major modification shall achieve LAER for each regulated NSR p o llutant for which it would result in a significant net emissions increaseAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 24 at the stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change, o r change in the m ethod of operation, in the emissions unit.

12.3.6 Emissions Offset

12.3.6.1 Sufficiency of Reductions

Prior to issuance of an Authority to Construct Permit for a new major stati onary source or major modification, the Control Officer shall make a determ ination that, by the time the source is to commence operation, sufficient of fsetting emissions reductions will be surrendered prior to commencing operation, such that allowable emissions from existing sources in the nona ttainment area, from new or modified sources which are not major stationary sources, and from the proposed source or modification will be sufficiently less than total emissions from existing sources prior to the application for the offset. At a minimum, this determination requires the applica nt to satisfy the offset requirements in Section 12.3.6.2.

12.3.6.2 Offset Methods

Pollutant

- specific emissions shall be offset with federally enforceable ERCs or with internal emission reductions.

(a) ERCs from one or more sources may be used, alone or in combin at ion with internal emission reductions, in order to satisfy offset r equirements.

(b) Internal emission reductions used to satisfy offset requirements shall be governed by Sections 12.3.6.3 through 12.3.6.8 and Section 12.7.

(c) ERCs used to satisfy offset requireme nts shall be governed by Se ctions 12.3.6.3 through 12.3.6.6, Section 12.3.6.8, and Section 12.7.

12.3.6.3 Restrictions on Trading Pollutants

(a) Pursuant to the Nevada Revised Statutes, Section 445.B.508 (2)(c), purchasing or selling credits of one type of pollutant is prohibited if such credits would be used subsequently to produce a different type of pollutant.

(b) For the purposes of satisfying the offset requirements with respect to ozone, offsetting of VOC emissions increases with NO X emissions decreases, or NO X emiss ions increases with VOC emissions d ecreases, shall not be prohibited trading.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 25 (c) For the purposes of satisfying the offset requirements with respect to PM 2.5 , offsetting of PM 2.5 emissions increases with SO 2 or NO x emi ssions decreases, or SO 2 or NO x emissions increases with PM 2.5 d ecreases, shall not be prohibited trading.

12.3.6.4 Timing

(a) Internal emission reductions used to satisfy an offset requirement must be federally enforceable at the time of issuance of the Authority to Construct Permit containing the offset req uirements.

(b) Except as provided by paragraph (c) of Section 12.3.6.4, the d ecrease in actual emissions used to generate ERCs or internal emi ssion reductions must occur by no later than the commencement of operation of the new or modified major stationary sou rce.

(c) Where the new facility is a replacement for a facility that is being shut down in order to provide the necessary offsets, the Control Officer may allow up to one hundred eighty (180) calendar days for shak edown or commissioning of the new facility be fore the existing facility is required to cease operation.

12.3.6.5 Quantity

The quantity of ERCs or internal emission reductions required to satisfy of fset requirements shall be determined in accordance with the following:

(a) The unit of measure for offsets, ERCs, a nd internal emission redu ctions shall be tpy. All calculations and transactions shall use emission rate values rounded to the nearest one one

- hundredth (0.01) tpy.

(b) The quantity of ERCs or internal emission reductions required shall be calculated as the pro duct of the amount of increased emissions, as determined in accordance with paragraph (c) of Section 12.3.6.5, and the offset ratio, as determined in accordance with paragraph (d) of Section 12.3.6.5.

(c) The amount of increased emissions shall be determined a s follows:

(1) The amount of increased emissions includes fugitive emissions in the case of all major stationary sources, including categorical

sources.

(2) When the offset requirement is triggered by the construction of a new major stationary source, the amount o f increased emi ssions shall be the sum of the PTE of all emissions units.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 26 (3) When the offset requirement is triggered by a major modification of an existing major stationary source, the amount of increased emissions shall be the sum of the differences between the a llowable emissions after the modification and the actual emi ssions before the modification for each emissions unit.

(d) The offset ratio shall be expressed as a ratio of emissions reductions to emissions increases.

(1) The following table contains offset ratios by designated area and pollutant.

(2) The ratios listed in Table 12.3

- 1 shall be applied based on the classifications contained in the table for a specific pollutant.

Table 12.3

- 1. Federal Offset Ratio Requirements by Area Designation and Pollutant

Area Designation Pollutant Offset Ratio

Nonattainment without Designation NO X 1:1

VOC 1:1

Serious Nonattainment Area CO 1:1

PM 10 1:1

(e) The major stationary source shall be given credit for any portion of the NEI that was previously offset. A pre

- modification PTE may only include fugitive emissions if the fugitive emissions were included in the emissions inventory prior to the modification.

12.3.6.6 Emission Reduction Requirements

Emission reductions used to satisfy an offset requirement shall meet the fo llowing requirements:

(a) Emission reductions used to satisfy offset requirements must be real, surplus, permanent, quantifiable, and federally enforceable.

(b) Permitted sources whose internal emission reductions are used to satisfy offset requirements must a ppropriately amend or cancel their Authority to Construct Permit and/or Part 70 Operating Permit to r eflect their new reduced PTE, including practicably enforceable cond itions to limit their PTE.

(c) Emission reductions used to satisfy offset requirements must be su rplus at the time of issuance of the Authority to Construct Permit co ntaining the offset requirements.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 27 12.3.6.7 Location of Internal Reductions

Internal emission reductions used to satisfy offset requirements shall occur at the same major stationary sour ce at which the increase in emissions o ccurs. Emission reductions not meeting this criterion shall meet the requir ements for ERCs prescribed by Section 12.7.

12.3.6.8 Emission Reduction Credit Requirements

ERCs used to satisfy an offset requirement shall meet the following r equirements:

(a) Restrictions on offsetting emissions between airshed regions:

(1) Except as provided by paragraph (a)(2) of Section 12.3.6.8, of fsetting emissions from a source located within an airshed region with ERCs from a source located in a di fferent airshed region shall not be allowed.

(2) The Control Officer may approve the use of NO X and VOC ERCs between airshed regions for the same nonattainment area within the Clark County boundary to satisfy NO X and VOC offset requirements for that nonattainm ent area.

(b) The source owner or responsible official utilizing ERCs to satisfy of fsets must demonstrate to the satisfaction of the Control Officer that such utilization will not significantly cause or contribute to a violation of a National Ambient Air Quali ty Standard or an exceedance of a PSD increment identified in Section 12.2.

(c) The use of ERCs shall not provide:

(1) Authority for, or the recognition of, any pre

- existing vested right to emit any regulated NSR pollutant;

(2) An exemption to a stationary source for emission limitations e stablished in accordance with New Source Performance Sta ndards pursuant to Section 14;

(3) Authority for, or the recognition of, any rights that would be co ntrary to applicable law; or

(4) An exemption to a stationary source from any other ai r pollution control requirements of federal, state, or county laws, rules, and regulations.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 28 12.3.6.9 ERC Registry

(a) The ERC Registry and its use shall not interfere with the attainment or maintenance of any National Ambient Air Quality Standard.

(b) The ERC Registry a nd its use shall assure that the use of ERCs does not contravene applicable requirements of the Act and Nevada Revised Statues (NRS) Chapter 445B.

12.3.7 Source Obligation

12.3.7.1 Enforcement

Any owner or operator who constructs or operates a source or modification
not in accordance with the application submitted pursuant to Section 12.3 or 12.4 and any changes to the application as required by the Control Officer

, or with the terms of its Authority to Construct Permit , or any owner or oper ator of a source or modificati on subject to Section 12.3 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Permit , shall be subject to enforcement action.

12.3.7.2 Termination

Approval to construct shall terminate if construction is not commenced wit hin eighteen (18) months after receipt of such approval, if construction is di scontinued for a period of eighteen (18) months or more, or if construction is not completed within a reasonable time. The Control Officer ma y extend the 18

- month period upon a satisfactory showing of good cause why an exte nsion is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence co nstruction within eighteen (18) months of the pr ojected and approved commencement date.

12.3.7.3 Compliance

Approval to construct shall not relieve any owner or operator of the respo nsibility to comply fully with applicable provisions of the SIP and any other r equ irements under local, state, or federal law.

12.3.7.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the stationary source or modification otherwise to emit a po llutant, then the requirements of Sections 12.3.3 through 12.3.7 shall applyAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 29 to the stationary source or modification as though construction had not yet commenced on the stationary source or modification.

12.3.8 Public Participation

Issuance of an Authority to Construct Permit pursuant to Section 12.3 and Section 12.4 shall be subject to the public participation requirements in S e ction 12.2.16.

12.3.9 Plantwide Applicability Limits (PAL)

12.3.9.1 Applicability

(a) The Control Officer may approve the use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in Sections 12.3.9.1 through 12.3.9.15. The term “PAL” shall mean “a ctuals PAL” throughout Section 12.3.9.

(b) Any physical change in, or change in the method of operation of, a major stationary source that maintains its total source

- wide emi ssions below the PAL level, meets the requirements of Sections 12.3.9.1 t hrough 12.3.9.14, and complies with the PAL conditions in its Part 70 Operating Permit:

(1) Is not a major modification for the PAL pollutant;

(2) Does not have to be approved through the plan’s Nonattainment Major NSR Program; and

(3) Is not subject to the provisions in Section 12.3.7.4.

(c) Except as provided under paragraph (b)(3) of Section 12.3.9.1, a m ajor stationary source shall continue to comply with all applicable fe deral or state requirements, emission limitations, and work practice requirements that were establ ished prior to the effective date of the PAL.

12.3.9.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.3.9. When a term is not defined in these paragraphs, it shall have t he meaning given in Section 12.3.2, Section 0, or in the Act.

(a) "Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the source that emit, or have the potential to emit, the PAL pollutant.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 30 (b) "Allowable emissions" means allowable emissions as defined in p aragraph (b) of Section 12.3.2, except as this definition is modified a ccording to paragraphs (1) and (2) below:

(1) The allowable emissions for any emissions unit shall be calc ulated considering a ny emission limitations that are enforceable as a practical matter on the emissions unit’s PTE.

(2) An emissions unit’s PTE shall be determined using the definition in paragraph (d)(d) of Section 12.3.2, except that the words “or enforceable as a practical mat ter” should be added after “Fe derally Enforceable.”

(c) "Major emissions unit" means:

(1) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollutant in an attainment area; or

(2) Any emissions unit that emits, or has the potentia l to emit, the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas.

(d) "PAL" means an emission limitation, expressed in tpy, for a pollutant at a major stat ionary source, that is enforceable as a practical matter and established source

- wide in accordance with Sections 12.3.9.1 through 12.3.9.15.

(e) "PAL effective date" generally means the date of issuance of the Part 70 Operating Permit containing the PAL condit ions, or the date on which a significant permit revision containing the PAL conditions b ecomes effective. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational an d begins to emit the PAL poll utant.

(f) "PAL effective period" means the period beginning with the PAL e ffective date and ending ten (10) years later.

(g) "PAL major modification" means, notwithstanding the definitions for major modification and net emissions incr ease, any physical change in, or change in the method of operation of, the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(h) "PAL pollutant" means the pollutant for which a PAL is established at a major statio nary source.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 31 (i) “Project” means a physical change in, or change in the method of operation of, an existing stationary source.

(j) "Significant emissions unit" means an emissions unit that emits, or has the potential to emit, a PAL pollutant in an amount that is e qual to or greater than the significant level as defined in paragraph (m)(m) Section 12.3.2 or in the Act, whichever is lower, for that PAL poll utant, but less than the amount that would qualify the unit as a major emissions unit.

(k) "Small emissions unit" means an emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount less than the significant level as defined in paragraph (m)(m) Section 12.3.2 or in the Act, whichever is lower, for that PAL pollutant.

12.3.9.3 Permit Application Re quirements

As part of an application for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Control Officer for approval:

(a) A list of all emissions units at the sourc e designated as small, signif icant, or major based on their PTE. In addition, the owner or operator of the source shall indicate which, if any, federal, state or county a pplicable requirements, emission limitations, or work practices apply to each unit;

(b) Ca lculations of the baseline actual emissions (with supporting doc umentation). Baseline actual emissions are to include emissions ass ociated not only with operation of the unit, but also emissions ass ociated with startup, shutdown, and malfunction;

(c) The calcu lation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rol ling total for each month, as required by paragraph (a) of Section 1 2.3.9.13.

12.3.9.4 General Requirements for Establishing PALs

(a) The Control Officer may establish a PAL at a major stationary source, provided that, at a minimum, the requirements in paragraphs (a)(1) through (a)(7) of Section 12.3.9.4 are met.

(1) The PAL shall impose a n annual emission limitation, in tpy, that is enforceable as a practical matter, for the entire major stati onary source. For each month during the PAL effective period a fter the first twelve (12) months of establishing a PAL, the majorAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 32 stationary source ow ner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month du ring the first eleven (11) m onths from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

(2) The PAL shall be established in a Part 70 Operating Permit as a significant permit revision.

(3) The Part 70 Operating Permit shall contain all the requirements of Section 12.3.9.7.

(4) The PAL shall include fugitive emissions, to the extent quantif iable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Sections 12.3.9.12 through 12.3.9.14 for each emissions unit under the PAL through the PAL effective period.

(b) At no time (during or after the PAL effective period ) are emissions reductions of a PAL pollutant, which occur during the PAL effective period, creditable as decreases for purposes of offsets under Section 12.3.6 unless the level of the PAL is reduced by the amount of such emissions reductions and such redu ctions would be creditable in the absence of the PAL.

12.3.9.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or increased through the public participation procedures in Section 12.2.16.

12.3.9.6 Setting the 10

- year Actuals PAL Level

(a) Except as provided in paragraph (b) of Section 12.3.9.6, the Actuals PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicableAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 33 significant level for the PAL pollutant under these AQRs or under the Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24

- month period must be used
to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24

- month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24

- month pe riod must be subtracted from the PAL level. The Control Officer shall sp ecify a reduced PAL level(s) (in tons/yr) in the Part 70 Operating Pe rmit to become effective on the future compliance date(s) of any a pplicable federal or state regulatory requirement (s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (which does not include modifications to existing units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actu al emissions as specified in paragraph (a) of Section 12.3.9.6, the emissions must be added to the PAL level in an amount equal to the PTE of the units.

12.3.9.7 Part 70 Operating Permits with PALs

Contents of a Part 70 Operating Permit containing a PAL shall inclu de the information in paragraphs (a) through (j) of Section 12.3.9.7:

(a) The PAL Pollutant and the applicable source

- wide emission limitation in tpy;

(b) The effective date and the expiration date of the PAL conditions (PAL effective period).

(c) Specification in th e permit that if a major stationary source owner or operator applies to renew the PAL conditions in accordance with Section 12.3.9.9 before the end of the PAL effective period, then the PAL conditions shall not expire at the end of the PAL effective period

. It shall remain in effect until a revised Part 70 Operating Permit is i ssued by the Control Officer.

(d) A requirement that emission calculations for compliance purposes i nclude emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once t he PAL conditions expire, the major stati onary source is subject to the requirements of Section 12.3.9.9;

(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rolling total, as required by paragraph (a) of Section 12.3.9.13;Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 34 (g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under Section 12.3.9.12;

(h) A requirement to retain the records required under Section 12.3.9.13

on

- site. Such records may be retained in an electronic format;

(i) A requirement to submit the reports required under Section 12.3.9.14 by the required deadlines; and

(j) Any other requirements that the Control Officer deems necessary to implement and enforce the PAL conditions.

12.3.9.8 PAL Effective Period and Reopening of PAL Conditions

The plan shall require the information in paragraphs (a) and (b) of Section 12.3.9.8.

(a) PAL Effective Period. The Control Officer shall specify a PAL effe ctive period of ten (10) years from the date of issuance.

(b) Reopening of the PAL conditions in a Part 70 Operating Permit.

(1) During the PAL effective period, the plan shall require the Co ntrol Officer to reopen the PAL c onditions in a Part 70 Operating Permit to:

(A) Correct typographical/calculation errors made in setting the PAL, or reflect a more accurate determination of emissions used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major st ationary s ource creates creditable emissions reductions for use as offsets under Section 12.3.6; or

(C) Revise the PAL to reflect an increase in the PAL as pr ovided under Section 12.3.9.11.

(2) The Control Officer may reopen the PAL conditions in a Part 70 Operating Permit for the following:

(A) Reduce the PAL to reflect newly applicable federal r equirements with compliance dates after the PAL effective date.

(B) Reduce the PAL consistent with any other requirement that is enforceable as a practical matter, and that the ControlAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 35 Off icer may impose on the major stationary source under the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a r eduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard or PSD increment violation, or t o an adverse impact on an air

- quality

- related value that has been identified for a federal Class I area by a Federal Land Manager and for which information is available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Se ctio n 12.3.9.8 for the correction of typographical/calculation e rrors that do not increase the PAL level, all other reopenings shall be carried out as significant permit revisions to a Part 70 Operating Permit.

12.3.9.9 Expiration of a PAL

Any PAL which is not renewed in accordance with the procedures in Section 12.3.9.10 shall expire at the end of the PAL effective period, and the r equirements in paragraphs (a) through (e) of Section 12.3.9.9 shall apply.

(a) Each emissions unit (or each group of emissions units) that exi sted under the PAL shall comply with an allowable emission limitation u nder a revised Part 70 Operating Permit established according to the procedures in paragraphs (a)(1) and (a)(2) of Section 12.3.9.9.

(1) Within the time frame specified for PAL renewals in paragraph (b) of Section 12.3.9.10, the major stationary source shall su bmit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Control Officer) b y distribu ting the PAL allowable emissions for the affected major stati onary source among each of the emissions units that existed u nder the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL e ffect ive period, as required under paragraph (e) of Section 12.3.9.10, such distribution shall be made as if the PAL had been adjusted.

(2) The Control Officer will decide whether and how the PAL allo wable emissions will be distributed and issue a revised Part 70 O perating Permit incorporating allowable limits for each emi ssions unit, or each group of emissions units, as the Control O fficer determines is appropriate.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 36 (b) Each emissions unit(s) shall comply with the allowable emission lim itation on a 12

- month rolling bas is. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limit ation.

(c) Until the Control Officer issues the revised Part 70 Operating Permit incorporating al lowable limits for each emissions unit, or each group of emissions units, as required under paragraph (a)(2) of Section 12.3.9.9, the source shall continue to comply with a source

- wide, multi

- unit emissions cap equivalent to the level of the PAL emission l imitation.

(d) Any physical change or change in the method of operation at the m ajor stationary source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modific ation.

(e) The major stationary source owner or o perator shall continue to comply with any federal, state or county applicable requirements that may have applied either during the PAL effective period or prior to the PAL effective period except as provided in paragraph (b)(3) of Section 12.3.9.1.

12.3.9.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specified in Sections 12.3.9.5 and 12.5 in approving any request to renew the PAL cond itions in a Part 70 Operating Permit for a major stationary source, and will provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Control Officer.

(b) Application deadline. A major stationary source owner or operator shall submit a timely application to the Control Officer to request r enewal of the PAL conditions in a Part 70 Operating Permit. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) months prior to, the date of expiration of the Part 70 Operating Permit. This deadline for application submi ttal is to ensure that the permit will not expire before the permit is r enewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL conditions in a Part 70 O perating Permit within this time period, then the PAL conditions shall continue to be effective until the revised permit with the renewed PAL conditions is issued.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 37 (c) Application Requirements. T he application to renew PAL cond itions shall be incorporated in the application for renewal of the a ffected Part 70 Operating Permit and shall contain the information r equired in paragraphs (c)(1) through (c)(4) of Section 12.3.9.10:

(1) The information requ ired in paragraphs (a) through (c) of Se ction 12.3.9.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with supporting documentation); and

(4) Any other information the owner or operator wishes the Control Officer to consider i n determining the appropriate level for r enewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will consider the options outlined in par agraphs (d)(1) and (d)(2) of Section 12.3.9.10. However, in no case may any such adjustment fail to comply with paragraph (d)(3) of Se ction 12.3.9.10.

(1) If the emissions level calculated in accordance with Section 12.3.9.5 is equal to or greater than eighty (80) percent of the PAL level, the Control Officer may renew the PAL at the same level without considering the factors set forth in paragraph (d)(2) of Section 12.3.9.10; or

(2) The Control Officer may set the PAL at a level that he dete rmines to be more representative of the source’s baseline actual emissions, or that he determines to be appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source’s voluntary emissions reductions, or other factors as specifically identified by the Control Officer in his written rati onale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.3.9.10:

(A) If the PTE of the major stationary source is less than the PAL, the Control Officer shall adjust the PAL to a level no greater than the PTE of the source; and

(B) The Control Officer shall not approve renewed PAL level higher than the current PAL unless the major stationaryAdopted 05

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- 10 CC Air Quality Regulations 12.3

- 38 source has complied with the provisions of Section 12.3.9.11.

(e) If the compliance date for a federal or state requirement that applies to the PAL source occurs during the PAL effective period, and if the Control Officer has not already adjusted for such requirement, the PAL shall be adjusted at the time of the affected Part 70 Operating Permit is renewed.

12.3.9.11 Increasing a PAL during t he PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (a)(1) through (a)(4) of Section 12.3.9.11.

(1) The owner or operator of the major stationary sour ce shall su bmit a complete application to request an increase in the PAL li m it as a significant revision to the affected Part 70 Operating Permit. Such application shall identify the emissions unit(s) co ntributing to the increase in emissions so as to caus e the major stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of t he baseline actual emissions of the significant and major emissions units, assuming application of BACT

- equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. The level of control that would result from BACT

- equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, u nless the emissions unit is currently required to comply with a BACT or LAER r equirement that was established within the pr eceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(3) The owner or operator o btains an Authority to Construct Permit pursuant to Section 12.4 for all emissions unit(s) identified in p aragraph (a)(1) of Section 12.3.9.11, regardless of the magnitude of the emissions increase resulting from them. These emissions unit(s) shall comply with any emissions requirements resulting from the nonattainment Authority to Construct Permit issuance process, even though they have also become subject to the PAL or continue to be subject to the PAL.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 39 (4) The PAL conditions in a Part 70 Operating Permit sha ll require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL significant permit revision becomes operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the su m of the a llowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls as determined in accordance with paragraph (a )(2) of Section 12.3.9.11), plus the sum of the baseline actual emissions of the small emissions units.

(c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level pursuant to the public notice requir ements of Secti on 12.3.9.5.

12.3.9.12 Monitoring Requirements for PALs

(a) General requirements.

(1) The PAL conditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that acc urately determines plantwide emissions of the PAL pollutant in
term s of mass per unit of time. Any monitoring system auth orized for use in the PAL conditions must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information ge nerated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL co nditions.

(2) The PAL monitoring system must employ one or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in paragraphs (b)(1) through (b)(4) of Section 12.3.9.12 and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.3.9.12, the PAL monitoring system may also employ an alternative monitoring approach that meets paragraph (a)(1) of Section 12.3.9.12 if approved by the Control Officer.

(4) Failure to use a monitoring system that meets the requ irements of Section 12.3.9.12 renders the PAL invalid.

(b) Minimum performance requirements for approved monitoring a pproaches. The following are acceptable general monitoring a p-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 40 proaches when conducted in accordance with the minimum requir ements in paragraphs (c) through (i) of Section 12.3.9.12:

(1) Mass balance calculations for activities using coatings or so lvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.

(c) Mass Balance Calculations. An owner or operator using mass ba lance calculations to monitor PAL pollutant em issions from activities using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published co ntent of the PAL pollutant that is contained in or created by all materials used in or at the emissions uni t;

(2) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

(3) Where the vendor of a material or fue l which is used in or at the emissions unit publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Control Officer determines there is sit e

- specific data or a site

specific monitoring program to support another content within the range.

(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performa nce specific ations found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least every fifteen (15) minutes while the emissions unit is operating.

(e) CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(1) The CPMS or PEMS must be based on current site

- specific d ata demonstrating a correlation between the monitored param e-Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 41 ter(s) and the PAL pollu tant emissions across the range of o peration of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another, less frequent i nterval approved by the Control Officer while the emissions u nit is operating.

(f) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements:

(1) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or li mitations in the factors’ deve lopment;

(2) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant emissions unit that relies on an emiss ion factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site

- specific emission factor within six (6) months of permit i ssuance unless the Control Officer determines that testing is not required.

(g) A source owner or ope rator must record and report maximum pote ntial emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time whenever there is no monitoring data unless another method for determi ning emissions during such periods is specified in the Part 70 Operating Permit containing the PAL.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of Section 12.3.9.12, where an owner or operator of an emissions unit cannot demonstrate a co rrelation between the monitored param eter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit i ssuance:

(1) Establish default value(s) for determining compliance with the PAL b ased on the highest potential emissions reasonably est imated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored p arameter(s) and the PAL pollutant emissio ns is a violation of the PAL.Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 42 (i) Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Control Officer. Such testing must occur at least once every five ( 5) years after issuance of the Part 70 Opera ting Permit containing the PAL conditions.

12.3.9.13 Recordkeeping Requirements

(a) The PAL conditions shall require an owner or operator to retain a copy of all records necessary to determine compliance with any r equirement of Section 12.3.9 and of the PAL, including a determin ation of each emissions unit’s 12

- month rolling total emissions, for five (5) years from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to r etain a copy of the following records for the d uration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in the Part 70 Operating Permit application and any applications for revisions to the Part 70 O perating Permit; and

(2) Each an nual certification of compliance pursuant to the cond itions in the affected Part 70 Operating Permit and the data r elied on in certifying the compliance.

12.3.9.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring repor ts and prompt deviation reports to the Control Officer, in accordance with the co nd i tions in the affected Part 70 Operating Permit. The reports shall meet the requirements in paragraphs (a) through (c) of Section 12.3.9.14.

(a) Semiannual Report. The semiannu al report shall be submitted to the Control Officer within thirty (30) days of the end of each reporting period. This report shall contain the information required in par agraphs (a)(1) through (a)(7) of Section 12.3.9.14:

(1) The identification of owner and op erator and the permit number;

(2) Total annual emissions (in tpy) based on a 12

- month rolling total for each month in the reporting period.

(3) All data relied upon, including, but not limited to, any quality a ssurance or quality control data, in calculating the monthly and annual PAL pollutant emissions;Adopted 05

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- 10 CC Air Quality Regulations 12.3

- 43 (4) A list of any emissions units modified or added to the major st ationary source during the preceding 6

- month period;

(5) The number, duration, and cause of any deviations or monito ring malfunctions (other than the tim e associated with zero and span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitor ing system will be fully operational or replaced with another monitoring system, whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method in cluded in the permit, as provided by paragraph (g) of Section 12.3.9.12 ; and

(7) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(b) Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL conditions, including periods where no monitoring is available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirem ent. The deviation reports shall be submitted within the time limits prescribed by the affected Part 70 Operating Permit. The reports shall contain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requireme nt that experienced the deviation or that was exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(c) Revalidation Results. The owner or operator shall submit to the Control Officer the results of any revalidation test or method within three (3) months after completion of such test or method.

12.3.9.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with the requirements in Sections 12.3.9.1 through 12.3.9.15 after theAdopted 05

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- 44 Administrator has approved regulations incorporating these requir ements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established prior to the date of approval of the Nevada SIP by the Administrator with a PAL that complies with the requirements of Sections 12.3.9.1 through 12.3.9.15.

12.3.10 Potential Visibility Impacts

The Control Officer shall consult with the Federal Land Manager on a pr oposed major stationary source or major modification that may impact visibil ity in any Class I Area, in accordance with 40 CFR 51.307.

12.3.11 Invalidation

If any provision of Section 12.3, or the application of such provision to any person or circumstance, is held inv alid, the remainder of Section 12.3, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010Adopted 05

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- 10 CC Air Quality Regulations 12.4

- i SECTION 12.4: AUTHORITY TO CONSTRUCT APPLICATION AND PERMIT REQUIREMENTS FOR PART 70 SOURCES

12.4 AUTHORITY TO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70 SOURCES

................................ ................................ ................................ ............ 1 12.4.1 Authority to Construct Permit Required; Duration

................................ ... 1 12.4.1.1 Commencement of Construction: Timing Requirements

......... 1 12.4.2 Definitions

................................ ................................ ............................... 1 12.4.2.1 Use of Terms

................................ ................................ .......... 1 12.4.3 Authority to Construct Permit for Part 70 Sources

................................ .. 5 12.4.3.1 Application Submission, Proces sing and Issuance Requirements for Stationary Sources Subject to Sections 12.2 or 12.3

................................ ................................ ............. 5 12.4.3.2 Application Submission and Processing Requirements for Part 70 S ources Not Subject to Section 12.2, Section 12.3, or Section 12.4.3.3

................................ ................................ .... 11 12.4.3.3 Application Submission and Processing Requirements for Construction or Reconstru ction of a Part 70 Source Subject to a Standard under Sections 112(d), (f), or (h) of the Act (a MACT source)

................................ ................................ ....... 12 12.4.3.4 Authority to Construct Permit Revisions

................................ 12 12.4.3.5 Administrative Permit Revisions for Title IV Acid Rain Sources

................................ ................................ ................. 13Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 1 12.4 AUTHORITY TO CONSTRUCT PERMIT REQUIREMENTS FOR PART 70 SOURCES

12.4.1 Authority to Construct Permit Required; Duration

12.4.1.1 Commencement of Construction: Timing Requirements

(a) No person shall begin actual construction of a New Part 70 source, or modify or reconstruct an existing Part 70 source that falls within the preconstruction review applicability criteria, without first obtaining an Authority to Construct Permit from the Control Officer.

(b) If a person commences the construction, modification, or reconstru ction of a Part 70 source within eighteen (18) months a fter the date of issuance of an Authority to Construct Permit and construction is not discontinued for a period greater than twelve (12) months, and pr ovided that a timely and complete Part 70 Operating Permit applic ation is submitted pursuant to Section 1 2.5.2.1, the Authority to Construct Permit shall remain in effect until a Part 70 Operating Pe rmit is granted or denied, or the modification or reconstruction is i ncorporated into a Part 70 Operating Permit through a permit revision.

(c) Notwithstanding the pr ovisions of paragraph (b) of Section 12.4.1.1, if an existing Part 70 Operating Permit would prohibit such construction or change in operation, the source must obtain a Part 70 permit rev ision pursuant to Section 12.5.2.14 before commencing operation.

12.4.2 Defi nitions

12.4.2.1 Use of Terms

The following definitions apply to terms used in Section 12.4. Unless the context requires otherwise, the following terms shall have the meanings set forth for the purposes of Section 12.4. When a term is not defined, it shall have the meaning provided in Section 0, 40 CFR 70.2, the Act, or common usage, in that order of priority.

(a) “Existing Part 70 source” means a Part 70 source that either has a valid Part 70 Operating Permit issued prior to the effective date of Section 12.4 or has a n application for a Part 70 Operating Permit deemed complete prior to the effective date of Section 12.4.

(b) “Minor NSR significant levels” means an increase in the potential to emit that equals or exceeds the following rates for the pollutants listed:Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 2 Typ e of Air Pollutant Potential to Emit (tpy)

PM 2.5 , directly emitted 5.0

PM 10 7.5

CO 50

VOC 20

NO x 20

SO 2 20 Lead (Pb) 0.6

H 2 S 5 Total Reduced Sulfur (including H 2 S) 5

(c) "Modification" or "Modify" means a project which meets any of the preconstruction review applicability criteria in paragraph (e) of Se ction 12.4.2.1 or that requires a minor or significant permit revision pursuant to Section 12.5.2.14.

(d) “New Part 70 source” means a Part 70 source that is not an existing Part 70 source.

(e) “P reconstruction review applicability criteria” means any of the follo wing:

(1) At an existing major stationary source, a project that will result in a “major modification” as defined in Sections 12.2 or 12.3;

(2) A new Part 70 source or a modification to an exis ting Part 70 source that is subject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other r equirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, including, but not limited to, constr uction or reconstruction that requires preconstruction review under 40 CFR § 63.5; or

(5) For a solid waste incineration unit, a project that will result in a modification for purposes of Section 129(g)(3) of the Act.

(f) “Project” means a physical change in, or c hange in the method of operation of, a major stationary source.

For purposes of this definition, a physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair and replacement.Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 3 (2) Use of an alternative fuel or raw material by reason of any order under Section 2 (a) and (b) of the Energy Supply and Enviro nmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.

(3) Use of an alterna tive fuel by reason of an order or rule under Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the e xtent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary sour ce which:

(A) The source was capable of accommodating before Jan uary 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was e stablished after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations appr oved pursuant to 40 CFR Part 51 Subpart I; or

(B) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pu rsuant to 40 CFR Part 51, Subpart I.

(6) An increase in the hours of operation or in the production rate, unl ess such change would be prohibited under any federally e nforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations a pproved pursuant to 40 CFR Subpart I or 51.166.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

(9) The installation or operation of a permanent clean coal techno logy demonstration project that constitutes repowering, provided that the project does not res ult in an increase in the potential toAdopted 05

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- 10 CC Air Quality Regulations 12.4

- 4 emit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant

- by

- pollutant basis.

(10) The reactivation of a very clean coal

- fired electric utility steam generating unit.

(g) “Responsible offic ial” means one of the following:

(1) For a corporation: a president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function, or any other person who performs similar policy or d ecision

- making functions for the cor poration, or a duly authorized representative of such person if the representative is respons ible for the overall operation of one or more manufacturing, pr oduction, or operating facilities applying for or subject to a permit and either:

(A) The operating faci lities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is a pproved in advance by the Control Officer.

(2) For a partnership or s ole proprietorship: a general partner or the proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a fe deral agency includes the chief executive officer having respo nsibility for the overall operations of a principal geographic unit of the agency; or

(4) For Title IV affected sources:

(A) The designated representative, as defined in 40 CFR 72.2, ins ofar as actions, standards, requirements, or prohibitions under Title IV of the Act, “Acid Deposition Control,” or the regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other purposes under Section 12.4

.Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 5 12.4.3 Authority to Construct Permit for Part 70 Sources

12.4.3.1 Application Submission, Processing and Issuance Requirements for Stationary Sources Subject to Sections 12.2 or 12.3

(a) Application Requirements

An application for an Authority to Construct Permit shall be submitted on a form provided by the Control Officer. The application shall co ntain the following information related to the construction or project:

(1) A description of all emissions of regulated air pollutants from all affected emissions units and a projec ted operating schedule for each emissions unit;

(2) An identification and a description of all points of emissions and a process description of all activities, including design capacity, which may generate emissions of the regulated air pollutants described pu rsuant to paragraph (a)(1) of Section 12.4.3.1 in sufficient detail to establish the basis for the applicability of standards and fees;

(3) The emission rates of all regulated air pollutants, including fug itive emission rates. The emission rates must be descri bed in tons per year and for such shorter

- term averages as are nece ssary to establish compliance using the applicable standard re ference test method or other methodology specified in paragraph (a)(7) of Section 12.4.3.1;

(4) A description of any new or modifie d air pollution control equi pment to be operated at the stationary source;

(5) The calculations on which the information described in Section 12.4.3.1 are based, including a fuel description and specific ations;

(6) Citations to and a description of all applicable requirements;

(7) The applicable test method or other methodology used for d etermining compliance with each applicable requirement;

(8) A control technology demonstration for RACT shall be submitted for a modification to an existing Part 70 source that requires an Authority to Construct Permit because: (i) the modification will increase the source’s potential to emit by an amount that is greater than the minor NSR significant level in paragraph (b) of Section 12.4.2.1; and (ii) a control technology demonstration is not otherwise required by Section 12.2 or 12.3.The control tec h-Adopted 05

- 18

- 10 CC Air Quality Regulations 12.4

- 6 nology demonstration shall only apply to the pollutant exceeding the minor NSR significant level. The application shall describe how RACT was determined and how compliance with RACT is to be m easured, including, if applicable, material usage limits, performance testing and continuous emissions monitoring.

(9) If applicable, a description of how performance testing will be conducted, including test methods and a general description of testing proto cols;

(10) If applicable, the information necessary to establish a basic d esign parameter;

(11) If applicable, a description of how the permittee proposes to comply with the compliance assurance monitoring requirements in 40 CFR Part 64, including a plan describing how the applicant will comply with the monitoring design criteria in 40 CFR 64.3; and

(12) If any information or data in the application is proposed to be treated as confidential, a demonstration of compliance with the Certification of Confidentiality procedure s in Section 12.6.1.

(13) If the applicant wishes to be subject to the enhanced public pa rticipation procedures in Section 12.2.16.6, a declaration to that effect.

(b) Additional Application Requirements for Sources Subject to Section 12.2 (Major Source PSD)

If th e new or modified Part 70 source is subject to the Prevention of Significant Deterioration preconstruction review provisions of Section 12.2, the application shall also contain the following:

(1) The control technology review required by Section 12.2.9;

(2) The s ource impact analysis required by Section 12.2.10;

(3) The air quality analysis required by Section 12.2.12;

(4) The source information required by Section 12.2.13;

(5) The additional impact analyses required by Section 12.2.14; and

(6) Any other information that the Control Officer determines is n ecessary to process the application in accordance with Section 12.2 or Section 12.3.Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 7 (c) Additional Application Requirements For Sources Subject to Section 12.3 (Major Source Nonattainment NSR)

If the new or modified Part 70 so urce is subject to the nonattainment area preconstruction review provisions of Section 12.3, the applic ation shall also contain the following:

(1) The statewide compliance demonstration required by Section 12.3.3;

(2) The alternatives analysis required by Section 12.3.4;

(3) The LAER demonstration and draft permit conditions required to ensure compliance with LAER required by Section 12.3.5.2;

(4) An air impact analysis including dispersion modeling;

(5) The information necessary to demonstrate that the applicant has satisfie d or will satisfy the emissions offset requirements in Section 12.3.6; and

(6) Any other information that the Control Officer determines is n ecessary to process the application in accordance with Section 12.2 or Section 12.3.

(d) Application Processing Procedures

Any application for a new or modified Part 70 source subject to par agraph (a) of Section 12.4.3.1 shall be processed in accordance with the following procedures:

(1) Within one hundred (100) days after the date of receipt of an application for an Authority t o Construct Permit, the Control O fficer shall determine if the application is complete. If substantial additional information is required, the Control Officer shall d etermine that the application is incomplete and return the applic ation to the applicant. I f substantial additional information is not required, the Control Officer shall determine the application to be complete.

Unless the Control Officer determines that the application is i ncomplete within one hundred (100) days after the date of receipt of th e application, the official date of submittal of the application shall be deemed to be the date on which the Control Officer d etermines that the application is complete or the 101st day after the date of receipt, whichever is earlier. Within one year after the date the application is determined to be complete, the Co n-Adopted 05

- 18

- 10 CC Air Quality Regulations 12.4

- 8 trol Officer shall initiate the public participation procedures in Section 12.2.16.

(2) If, after the date the application is determined to be complete, the Control Officer discovers that addition al information is r equired to act on the application, the Control Officer may request additional information necessary to determine whether the pr oposed project will comply with all of the applicable requirements set forth in Section 12.2 or Section 12.3, as applicable. The a pplicant must provide in writing any additional information that the Control Officer requests within the time specified in the written request of the Control Officer. Any delay in the submittal of the requested information may result in a corresponding delay in the action of the Control Officer on the application or a determin ation of incompleteness.

(e) Permit Content

An Authority to Construct Permit issued pursuant to Section 12.4 shall contain each of the following conditions:

(1) The permi ttee shall retain records of all required monitoring and performance demonstration data and supporting information for five (5) years after the date of the sample collection, measur ement, report, or analysis. Supporting information includes all records reg arding calibration and maintenance of the monitoring equipment, all original strip

- chart recordings for continuous

mo n itoring instrumentation, and if applicable, all other records required to be maintained pursuant to 40 CFR 64.9(b).

(2) Each of the conditions and requirements of the permit is seve rable and, if any are held invalid, the remaining conditions and requirements continue in effect;

(3) The permittee shall comply with all conditions contained in the permit. Any noncompliance constitutes a violation and is grounds for:

(A) An action for noncompliance;

(B) Revocation and reissuance or the termination of the permit by the Control Officer; or

(C) The reopening or rev ising of the permit by the permittee as directed by the Control Officer.Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 9 (4) The need to halt or reduce activity to maintain compliance with the conditions of the permit is not a defense to noncompliance with any condition of the permit;

(5) The Control Officer ma y revise, revoke and reissue, reopen and revise, or terminate the permit for cause;

(6) The permit does not convey any property rights or any exclusive privilege;

(7) The permittee shall provide the Control Officer, within a reaso nable time, with any information t hat the Control Officer requests in writing to determine whether cause exists for revising, revo king and reissuing, or terminating the permit, or to determine compliance with the conditions of the permit. Upon request, the permittee shall also furnish to t he Control Officer copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of conf identiality;

(8) The permittee shall allow the Control Officer, or any authorized representative of the Control Officer, upon presentation of cr edentials, to enter the permittee’s premises where the source is located or emissions related activity is conducted and to:

(A) Have access to and copy, during n ormal business hours, any records that are kept pursuant to the conditions of the permit;

(B) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(C) Sample or monitor, substances or parameters to determine compliance with the conditions of the permit or applicable requirements; and

(D) Document alleged violations using devices such as ca meras or video equipment.

(9) A responsible official of the source shall certify that, based on i n formation and belief formed after a reasonable inquiry, the statements made in any document required to be submitted by any condition of the permit are true, accurate, and complete;Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 10 (10) The permit must contain:

(A) All applicable requirements, em ission limits, and sta ndards, provided, however, that applicable requirements that are not required by the Act or implementing federal regulations, and that are not in the Nevada SIP, may be i ncluded in the permit but shall be specifically designated as be ing not federally enforceable and not enforceable by a citizen's suit pursuant to the Act, and shall be designated as “county only requirements.” Terms and conditions so designated are not subject to the requirements that apply to permit review by EPA and affected states;

(B) Monitoring, recordkeeping, and reporting requirements su fficient to meet the requirements of 40 CFR Part 64 or p aragraph (d) of Section 12.5.2.6, as deemed necessary by the Control Officer;

(C) Such other conditions as necessary to demonstrate co mpliance with the requirements in Section 12.2 or Section 12.3 for construction, subject to those sections.

(11) The permittee shall maintain documentation of the records r equired by paragraph (a) of Section 12.2.1.6 or paragraph (a) of Section 12.3.1.6, if applicable.

(12) The permittee shall report start of construction, construction i nterruptions exceeding nine (9) months, and completion of co nstruction. The report shall be given to the Control Officer not later than fifteen (15) working days after occurrence of the event;

(13) The permittee shall provide written notification of the actual date of commencing operation, received by the Control Officer, within fifteen (15) calendar days after such date;

(14) The permittee shall provide separate written notification for

com mencing operation for each unit of phased construction, which may involve a series of units commencing operation at different times;

(15) A source that is a new Part 70 source or a major modification to an existing Part 70 source shall, within sixty (60) days after achieving the maximum rate of production of the new source or modification, but not later than one hundred eighty (180) days after commencing operation, conduct performance tests and furnish the Control Officer a written report of the results of the tests. The Control Officer may require such testing to occurAdopted 05

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- 10 CC Air Quality Regulations 12.4

- 11 sooner than the 180 day limit if there are adequate grounds to do so. The performance tests required by the Authority to Co nstruct Permit shall be conducted in accordance with the applic able test method and Section 12.8; and

(16) The permittee shall post the permit in a location which is clearly visible and accessible to the facility’s employees and represen tatives of the department.

(17) The permittee shall pay all fees assessed pursuant to Section 18.

12.4.3.2 Application Submission and Processing Requirements for Part 70 Sources Not Subject to Section 12.2, Section 12.3, or Section 12.4.3.3

(a) In order to obtain an Authority to Construct Permit, the owner or o perator of a proposed new Part 70 source that is no t subject to Section 12.2 or Section 12.3, or the owner or operator of an existing Part 70 source proposing a modification that increases the source’s potential to emit by an amount equal to or greater than the minor NSR signif icant level in paragraph (b) of Section 12.4.2.1, but that is not a major modification under Section 12.2 or Section 12.3, shall submit an a pplication on a form prescribed by the Control Officer.

(1) The application shall contain the information specified in par agraph (a) of Section 12.4. 3.1 and a “Control Technology R eview” that meets the requirements of Section 12.2.9, except that Reasonably Available Control Technology (RACT) shall be the technology standard instead of Best Available Control Techno logy. The applicant shall also include a demonstration that the new Part 70 source or modification does not cause an excee dance of the ambient air quality standards in Section 11 or an e xceedance of ambient air increments specified in Section 12.2.3.

(2) The determination of completeness and the pr ocedures for processing the application shall be those in paragraph (d) of Section 12.4.3.1.

(3) The public participation procedures specified in Section 12.1.5.3 shall apply to a permit revision processed under Section 12.4.3.2(a).

(4) The contents of the Authori ty to Construct Permit issued pu rsuant to Section 12.4.3.2(a) shall be those in Section 12.4.3.1(e).

(b) In order to obtain an Authority to Construct Permit, the owner or o perator of an existing Part 70 source that is proposing a modification that increases th e source’s potential to emit by an amount less thanAdopted 05

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- 10 CC Air Quality Regulations 12.4

- 12 the minor NSR significance level in paragraph (b) of Section 12.4.2.1 shall comply with the minor revision process listed in Section 12.5.2.14, including the application procedures listed in paragraph (a) (3) of Section 12.5.2.14.

12.4.3.3 Application Submission and Processing Requirements for Constru ction or Reconstruction of a Part 70 Source Subject to a Standard under Sections 112(d), (f), or (h) of the Act (a MACT source)

In addition to any other applicable app lication requirements in Section 12.4, if a new Part 70 source, or the reconstruction of an existing Part 70 source that creates a “new affected source” or “reconstructed affected source” that is a major source under 40 CFR Part 63, the owner or operator s hall comply with the application requirements under 40 CFR 63.5 and paragraph (a) of Section 12.4.3.1. The Authority to Construct Permit for such source shall comply with the requirements in 40 CFR 63.5(e).

12.4.3.4 Authority to Construct Permit Revisions

(a) An Autho rity to Construct Permit shall only be revised administrativ ely or as a significant permit revision.

(1) An administrative permit revision is a permit revision that:

(A) Corrects typographical errors;

(B) Identifies a change in the name, address, or phone number of an y person identified in the permit, or provides a similar minor administrative change;

(C) Requires more frequent monitoring or reporting by the permittee;

(D) Allows for a change in ownership or operational control of a source where the Control Officer determines that no ot her change in the permit is necessary, provided that a wri tten agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee has been submitted to the Co ntrol Officer and the permit transfer procedures specified in Section 12.12 are complied with; or

(E) Incorporates any other type of change which the Admini strator has determined to be similar to those in paragraphs (a)(1)(A) through (a)(1)(D) of Section 12.4.3.4.

(2) An administr ative permit revision may be made by the Control Officer consistent with the following:Adopted 05

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- 10 CC Air Quality Regulations 12.4

- 13 (A) The Control Officer shall take no more than thirty (30) days from receipt of a request for an administrative permit rev ision to take final action on such request, and may incorp orate the revision without providing notice to the public or affected states provided that the revised permit designates any such permit revisions as having been made pursuant to Section 12.4.3.4.

(B) The Control Officer shall provide a copy of the r evised permit to the Administrator.

(C) The source may implement the changes addressed in the request for an administrative revision immediately upon submittal of the request. However, if the Control Officer d etermines that the change does not qualify as an ad mini str a tive revision, the source may be subject to enforcement proceedings for violation of any existing permit terms and conditions.

(3) A significant permit revision to an Authority to Construct Permit is any revision to the permit that is not an administra tive permit revision.

(A) A significant permit revision shall be subject to the same application, determination of completeness, processing procedures, public participation, notification, and tim etables as the original Authority to Construct Permit, except tha t the scope of the procedures shall be limited to the r evision and issues relevant to that revision and the proc edures specified in paragraphs (c) and (d) of Section 12.5.2.18 do not apply.

(b) From and after the date of commencing operation, an Authority to C onstruct Permit shall only be revised pursuant to the procedures for revising a Part 70 Operating Permit in Sections 12.5.2.13 and 12.5.4.14.

12.4.3.5 Administrative Permit Revisions for Title IV Acid Rain Sources

Administrative permit revisions to permit condition s governed by the Federal Clean Air Act Title IV Acid Rain Program shall comply with 40 CFR Part 72, as incorporated by reference in Section 21.

History: Adopted May 18, 2010Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- i

SECTION 12.5: PART 70 OPERATING PERMIT REQUIREMENTS

12.5 PART 70 OPERATING PERMIT REQUIREMENTS

................................ ....... 1 12.5.1 Definitions

................................ ................................ ................................ ....... 1 12.5.2 Part 70 Operating Permit Requirements

................................ ......................... 4 12.5.2.1 Permit Applications: Timely and Complete Applications

............ 4 12.5.2.2 Permit Applications: Duty to Supplement or Correct Application 6 12.5.2.3 Permit Applications: Standard Requirements

............................ 7 12.5.2.4 Permit Applications: Certification

................................ ............. 10 12.5.2.5 Permit Applications: Insignificant Activit ies and Emissions

...... 10 12.5.2.6 Permit Content: Standard Requirements

................................ . 14 12.5.2.7 Permit Content: Federally Enforceable Requirements

............. 21 12.5.2.8 Permit Content: Compliance Requirements

............................. 21 12.5.2.9 Permit Content: Permit Shield

................................ .................. 23 12.5.2.10 Permit Issuance: Action on Application

................................ .... 24 12.5.2.11 Permit Renewal and Expiration

................................ ................ 25 12.5.2.12 Permit Revision: Ch anges that Do Not Require a Permit Revision

................................ ................................ ................... 26 12.5.2.13 Permit Revision: Administrative Permit Revision

..................... 27 12.5.2.14 Permit Revisions: Minor and Significant

................................ .. 28 12.5.2.15 Permit Revision: Reopening for Cause

................................ .... 32 12.5.2.16 Permit Revision: Reopenings for Cause by EPA

..................... 33 12.5.2.17 Public Participation

................................ ................................ .. 34 12.5.2.18 Permit Review by EPA and Affected States

............................ 35 12.5.2.19 Temporary Sources

................................ ................................ . 37 12.5.2.20 Part 70 General Permit

................................ ............................ 37Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 1 12.5 PART 70 OPERATING PERMIT REQUIREMENTS

12.5.1 Definitions

The following definitions apply to defined terms used in Section 12.5. Unless the context requires otherwise, the following terms shall have the meanings set forth for the purposes of Section 12.5. When a term is not defined, it shall have the meaning provided in Section 0, Section 12.4, 40 CFR 70.2, the Act, or common usage, in that order of priority.

(a) “Deviation” means a variation from any permit terms, including terms that establish emission limitations, operating conditions, or work
pra c tice standards, and those terms intended to show compliance with those limitations, conditions, or standards, including monitoring, recordkeeping , and reporting requirements. A deviation is not nece ssarily a violation.

(b) “Exempt Source” means that the following source categories are e xempted from the obligation to obtain a Part 70 Operating Permit:

(1) Any source that has obtained a voluntarily accepted emission limit, pursuant to Section 12.1.7, to avoid having to obtain a Part 70 Operating Permit, unless a Part 70 Operating Permit is r equired by some other provision or requirement of the Act;

(2) Any source that would be required to obtain a permit solely b ecause it is subject to Section 14.1(b)(62) of these AQRs, “Sta ndards of Performance for New Residential Wood Heaters” (40 CFR 60.530, Subpart AAA); or

(3) Any source that would be required to obtain a permit solely b ecause it is subject to Section 13.1(b)(8) of these AQRs, “Emi ssion Standard for Asbestos” (40 CFR 61.145, Subpart M).

(c) “Existing Part 70 source” means a Part 70 source that either has a valid Part 70 Operating Permit issued prior to the effective date of Section 12.5 or has an application for a P art 70 Operating Permit deemed complete prior to the effective date of Section 12.5.

(d) “Minor NSR significant levels” means an increase in the potential to emit that would equal or exceed the following rates for the pollutants listed:

Type of Air Pollutant P otential to Emit (tpy)

PM 2.5 , directly emitted 5.0

PM 10 7.5

CO 50Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 2 VOC 20

NO x 20

SO 2 20 Lead (Pb) 0.6

H 2 S 5 Total Reduced Sulfur (including H 2 S) 5

(e) "Modification" or "Modify" means a project which meets any of the preconstruction review applicability criteria in paragraph (g) of Se ction 12.5.1 or that requires a minor or significant permit revision pu rsuant to Section 12.5.2.14.

(f) “New Part 70 source” means a Part 70 source that is not an existing Part 70 source.

(g) “Preconstruction review app licability criteria” means any of the follo wing:

(1) At an existing major stationary source, a project that will result in a major modification as defined in Section 12.2 or 12.3;

(2) A new Part 70 source or a modification to an existing Part 70 source that is s ubject to Section 12.4.3.2;

(3) Any project that is subject to a standard, limitation, or other r equirement under 40 CFR Part 60;

(4) Any project that is subject to a standard under 40 CFR Part 63, including, but not limited to, construction or reconstruction that requires preconstruction review under 40 CFR 63.5; or

(5) For a solid waste incineration unit, a project that will result in a modification for purposes of Section 129(g)(3) of the Act.

(h) “Project” means a physical change in, or change in the method of operati on of, a major stationary source.

For purposes of this definition, a physical change or change in the method of operation shall not include:

(1) Routine maintenance, repair and replacement.

(2) Use of an alternative fuel or raw material by reason of any order under Section 2 (a) and (b) of the Energy Supply and Enviro nmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 3 (3) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act.

(4) Use of an alternative fuel at a steam generating unit to the e xtent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary source which:

(A) The source was capable of accommodating before Jan uary 6, 1975, unless such change would be prohibited under any federally enforceable permit condition which was e stablished after January 6, 1975 pursuant to 40 CFR 52.21 or under regulations approved pursuant to 40 CFR Part 51 Subpart I; or

(B) The source is approved to use under any permit issued under 40 CFR 52.21 or under regulations approved pu rsuant to 40 CFR Part 51 Subpart I.

(6) An increase in the hours of operation or in the production rate, unless such change would be prohibit ed under any federally e nforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations a pproved pursuant to 40 CFR Part 51, Subpart I.

(7) Any change in ownership at a stationary source.

(8) The installation , operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:

(A) The Nevada State Implementation Plan and;

(B) Other requirements necessary to attain and maintain the national ambient air q uality standards during the project and after it is terminated.

(9) The installation or operation of a permanent clean coal techno logy demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant

- by

- pollutant basis.

(10) The reactivation of a very clean coal

- fired electric utility steam generating unit.Adopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 4 (i) “Responsible official” means one of the following:

(1) Fo r a corporation: a president, secretary, treasurer, or vice

president of the corporation in charge of a principal business function, or any other person who performs similar policy or d ecision

- making functions for the corporation, or a duly authorized
repr esentative of such person if the representative is respons ible for the overall operation of one or more manufacturing, pr oduction, or operating facilities applying for or subject to a permit and either:

(A) The operating facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million in second quarter 1980 dollars; or

(B) The delegation of authority to such representative is a pproved in advance by the Control Officer.

(2) For a partnership or sole proprietorship: a general partn er or the proprietor, respectively;

(3) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this definition, a principal executive officer of a fe deral agency include s the chief executive officer having respo nsibility for the overall operations of a principal geographic unit of the agency; or

(4) For Title IV affected sources:

(A) The designated representative, as defined in 40 CFR 72.2, insofar as actions, standards, requirements, or prohibitions under Title IV of the Act, “Acid Deposition Control,” or the regulations promulgated there under are concerned; or

(B) The responsible official as defined above for any other purposes under Section 12.5.

12.5.2 Part 70 Operating Permit R equirements

12.5.2.1 Permit Applications: Timely and Complete Applications

For each Part 70 source, the owner or operator shall submit a timely and complete permit application. A pre

- application conference may be held at the request of the owner or operator of the Part 70 source to assist a source in submitting a complete permit application.

(a) Timely application.Adopted 05

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- 5 (1) A timely application for a source applying for a Part 70 Opera ting Permit for the first time is one that is submitted within twelve (12) months after the s ource becomes subject to the permit pr ogram. If a source submits a timely application under this prov ision, it may continue operating under its Authority to Construct Permit until final action is taken on its application for a new Part 70 Operating Permit.

(2) For purposes of permit renewal, a timely application is a co mplete application that is submitted at least six (6) months and not greater than eighteen (18) months prior to the date of permit e xpiration. If a source submits a timely application under this pr ovision, it may continue operating under its current Part 70 Ope rating Permit until final action is taken on its application for a renewed Part 70 Operating Permit.

(3) A timely application for an existing Part 70 source that has o btained an Authority to Con struct Permit is one that is submitted within twelve (12) months after commencing operation of the modification or reconstruction authorized by the permit, or on or before such earlier date that the Control Officer may establish. However, where an existing Part 70 Operating Permit would prohibit such construction or change in operation, the source must obtain a Part 70 permit revision pursuant to Section 12.5.2.14 before commencing operation.

(4) In order to be deemed a timely application, the application must also meet the complete application provisions listed in par agraph (b) of Section 12.5.2.1.

(b) Complete application.

(1) To be deemed complete, an application must provide all info rmation necessary to evaluate the subject source and its applic ation and to determ ine all applicable requirements, including the emission rates information required by paragraph (a)(3) of Se ction 12.4.3.1. Applications for permit revisions need supply only such information as is related to the proposed change. A r esponsible official sha ll certify the submitted information consi stent with Section 12.5.2.4.

(2) Unless the Control Officer notifies the source in writing within sixty (60) days of receipt of the application that an application is not complete, such application shall be deemed to b e complete.

(3) A completeness determination shall not be required for a minor permit revision.Adopted 05

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- 6 (4) If, while processing an application that has been determined or deemed to be complete, the Control Officer determines that a dditional information is necessary to e valuate or take final action on that application, the Control Officer may request such info rmation in writing and set a reasonable deadline for a response. Failure to provide the information requested in a timely manner may result in a determination that t he application is incomplete.

(5) The submittal of a complete application shall not affect the r equirement that any source shall have an Authority to Construct Permit issued pursuant to Section 12.4.3 prior to construction.

(c) Area source

- specific requirements.

(1) I f a regulation promulgated by the administrator under Section 111 or 112 of the Act (42 U.S.C. 7411 or 7412) requires area sources to submit an application for a Part 70 Operating Permit, each area source covered by the requirement must submit an applicati on in accordance with that regulation.

(d) Confidential Information. Claims of confidentiality as to information submitted to EPA shall be made pursuant to applicable federal r equirements in 40 CFR Part 2. Claims of confidentiality as to inform ation submitted to the department shall be made pursuant to Section 12.6. In the case where a source has submitted information to the Control Officer under a claim of confidentiality that also must be submitted to EPA, the Control Officer shall either submit the inform ati on to EPA or require the source to submit a copy of such inform ation directly to EPA.

(e) Late applications. An application submitted after the deadlines esta blished for timeliness shall be accepted for processing, but shall not be considered a timely applicat ion. Submitting an application shall not relieve a source of any enforcement actions resulting from su bmitting a late application.

12.5.2.2 Permit Applications: Duty to Supplement or Correct Application

Any applicant who fails to submit any relevant facts, or who h as submitted incorrect information in a permit application, shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide add itional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a draft permit. A responsible official shall certify the add itional information consistent with the requir ements of Section 12.5.2.4.Adopted 05

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- 7 12.5.2.3 Permit Applications: Standard Requirements

Information as described below for each emissions unit at a Part 70 source shall be included in the application, except for insignificant activities. The application shall be submitted on a form provided by the Control Officer.

(a) Identifying information, including company name, company address, plant name and address if different from company name and a ddress, owner’s name and agent, and telephone number and name of the responsible offic ial, plant site manager, or contact;

(b) A description of the source’s processes and products by Standard Industrial Classification Code (SIC) or the North American Industry Classification System (NAICS), including any associated with each alternate scenario i dentified by the source;

(c) The following emissions

- related information:

(1) The potential to emit of all air pollutants for which the source is major, and the potential to emit of all regulated air pollutants, i ncluding HAPs, from any emissions unit, except for insignificant activities;

(2) Identification and description of all points of emissions described in paragraph (c)(1) of Section 12.5.2.3 in sufficient detail to e stablish the basis for an air impact analysis and applicability of applicable requirements;

(3) Emiss ions rates in tons per year, including fugitive emission rates, and in such terms as are necessary to establish co mpliance with applicable requirements, consistent with the results of performance tests conducted pursuant to the source’s Part 70 Operating P ermit or the source’s Authority to Construct Permit, whichever is more current;

(4) The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules;

(5) Identificati on and description of air pollution control equipment and compliance monitoring devices or activities; and

(6) Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air poll utants and HAPs at th e Part 70 source.

(d) Other information required by any applicable requirement, including:Adopted 05

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- 8 (1) Information related to stack height limitations developed pu rsuant to Section 12.2.7.3; and

(2) The calculations on which the information in paragraphs (c)(1) through (c)( 6) of Section 12.5.2.3 is based.

(e) The following air pollution control requirements:

(1) Citation and description of all applicable requirements, and

(2) Description of or reference to any applicable test method for d etermining compliance with each applicable requir ement.

(f) Other specific information that may be necessary to implement and enforce applicable requirements or to determine the applicability of such requirements;

(g) An explanation of any proposed exemptions from otherwise applic able requirements;

(h) If alternativ e operating scenarios are to be identified in the permit pursuant to paragraph (j) of Section 12.5.2.6, such information as is necessary for the Control Officer to define those scenarios and d etermine the applicable requirements for each proposed scenario;

(i) If emissions trading is proposed, the legal authority for the trading and a description of the proposed conditions for determining co mpliance with the trading requirements, including replicable procedures that ensure that the emissions trades are quanti fiable and enforce able.

(j) A compliance plan that contains all of the following:

(1) A description of the compliance status of the source with r espect to all applicable requirements;

(2) A compliance statement and compliance schedule, as follows:

(A) For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

(B) For applicable requirements that will become effective du ring the permit term, a statement that the source will meet such requi rements on a timely basis. A statement that the source will meet, in a timely manner, applicable requir ements that become effective during the permit term shallAdopted 05

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- 9 satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement ; and

(C) A schedule of compliance for any emissions unit at the source that will not be in compliance with any applicable requirement at the time of permit issuance. Such a sch edule shall include a schedule of remedial measures, inclu ding an enfor ceable sequence of actions with milestones, leading to compliance with the applicable requirements

. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent d ecree or administrative order to which the s ource is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

(3) A schedule for submission of certified progress reports no less than every six (6) mont hs for sources required to have a sch edule of compliance to remedy a violation.

(4) The compliance plan content requirements specified in par agraphs (j)(1) through (j)(3) of Section 12.5.2.3 shall apply and be included in the “acid rain” portion of a complianc e plan for a Title IV affected source, except as specifically superseded by regul ations promulgated under Title IV of the Act, “Acid Deposition Control,” with regard to the schedule and methods the source will use to achieve compliance with the acid rain e mission limit ations.

(k) Requirements for compliance certification, including all of the follo wing:

(1) A certification of compliance with all applicable requirements by a responsible official consistent with Section 12.5.2.4 of the AQRs and Section 114(a)(3) of t he Act, “Enhanced Monitoring and Compliance Certification”;

(2) A statement of methods used for determining compliance, i ncluding a description of monitoring, recordkeeping, and repor ting requirements and test method; and

(3) A statement indicating the source’s co mpliance status with any applicable enhanced monitoring and compliance certification r equirements of the Act.

(l) For acid rain portions of permit applications and compliance plans, submit a current EPA Acid Rain Permit Application or New Unit E xemption form, as applicable.Adopted 05

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- 10 (m) If a PAL is requested, the information required by Section 12.2.19 for establishing a PAL.

12.5.2.4 Permit Applications: Certification

Any application form, report, or compliance certification submitted pursuant to Section 12.5 shall contain certifi cation by a responsible official of truth, accuracy, and completeness. This certification, and any other certification required under Section 12.5, shall state that, based on information and b elief formed after reasonable inquiry, the statements and inform ation in the document are true, accurate, and complete.

12.5.2.5 Permit Applications: Insignificant Activities and Emissions

An application may not omit information needed to determine the applicabil ity of, or to impose, any applicable requirement.

(a) The following types of activities and emissions units may be pr esumptively omitted from a permit application for a Part 70 Operating Permit. Certain of these listed activities include qualifying statements intended to exclude many similar activities:

(1) Combustion emission s from propulsion of mobile sources;

(2) Air

- conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act;

(3) Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing/industrial or commercial process;

(4) Noncommercial food preparation;

(5) Consumer use of office equipment and products, not including printing establishments or businesses primarily involved in ph otographic reproduction;

(6) Janitorial services and consumer use of janitorial products;

(7) Internal combustion engines used for landscaping purposes;

(8) Laundry activities, except for dry

- cleaning and steam boilers;

(9) Bathroom/toilet vent emissions;

(10) Emergency (backup) electrical generators at residential loc ations ;Adopted 05

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- 11 (11) Tobacco smoking rooms and areas;

(12) Blacksmith forges;

(13) Plant maintenance and upkeep activities (e.g., groundskeeping, general repairs, cleaning, painting, welding, plumbing, re

- tarring roofs, installing insulation, and paving parking lots), provided these a ctivities are not conducted as part of a manufacturing process, are not related to the source’s primary business activ ity, and not otherwise triggering a permit revision Cleaning and painting activities qualify as insignificant activities if they are not subject to VOC or HAP control requirements. Asphalt batch plant owners/operators must still get a permit if otherwise r equired.

(14) Repair or maintenance shop activities not related to the source’s primary business activity, not including emissions from surfa ce coating or degreasing (solvent metal cleaning) activities, and not otherwise triggering a permit revision;

(15) Portable electrical generators that can be moved by hand from one location to another;

(16) Hand

- held equipment for buffing, polishing, cutting, drilli ng, sa wing, grinding, turning, or machining wood, metal, or plastic;

(17) Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals;

(18) Air compressors and pneum atically operated equipment, inclu ding hand tools;

(19) Batteries and battery charging stations, except at battery man ufacturing plants;

(20) Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOCs or HAPs;

(21) Storage tan ks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, provided appropriate lids and covers are utilized;

(22) Equipment used to mix and package soaps, vegetabl e oil, grease, animal fat, and nonvolatile aqueous salt solutions, pr ovided appropriate lids and covers are utilized;Adopted 05

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- 12 (23) Drop hammers or hydraulic presses for forging or metalworking;

(24) Equipment used exclusively to slaughter animals, but not inclu ding other eq uipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

(25) Vents from continuous emissions monitors and other analyzers;

(26) Natural gas pressure regulator vents, excluding venting a t oil and gas production facilities;

(27) Hand

- held applicator equipment for hot melt adhesives with no VOCs in the adhesive formulation;

(28) Equipment used for surface coating, painting, dipping, or spra ying operations, except those that will emit VOCs or HAPs;

(29) CO 2 lasers, used only on metals and other materials which do not emit HAPs in the process;

(30) Consumer use of paper trimmers/binders;

(31) Electric or steam

- heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam;

(32) Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants;

(33) Laser trimmers using dust collection to prevent fugitive emi ssions;

(34) Bench

- scale laboratory equipment used for physical or chemical analysis, but not lab fume hoods or vents;

(35) Routine calibration and maintenance of laboratory equipment or other analytical instruments;

(36) Equipment used for quality control/assurance or inspection pu rposes, including s ampling equipment used to withdraw mat erials for analysis;

(37) Hydraulic and hydrostatic testing equipment;

(38) Environmental chambers not using HAP gases;

(39) Shock chambers;Adopted 05

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- 13 (40) Humidity chambers;

(41) Solar simulators;

(42) Fugitive emissions related to movement of passenger veh icles, provided the emissions are not counted for applicability purpo ses and any required fugitive dust control plan or its equivalent is submitted;

(43) Process water filtration systems and demineralizers;

(44) Demineralized water tanks and demineralizer vents;

(45) Boi ler water treatment operations, not including cooling towers;

(46) Oxygen scavenging (deaeration) of water;

(47) Ozone generators;

(48) Fire suppression systems;

(49) Emergency road flares;

(50) Steam vents and safety relief valves;

(51) Steam leaks;

(52) Steam cleaning operations; and

(53) Stea m sterilizers.

(b) Any person may petition the Control Officer for a rule to be adopted under the procedures in Section 2 to add an activity or emission unit to this list of insignificant activities and emissions which may be e xcluded from a Part 70 Operating Permit application. The petition shall include the following information:

(1) A complete description of the activity or emission to be added to the list;

(2) A complete description of all air contaminants that may be emi tted by the activity or emission, including emission rate, air poll ution control equipment, and calculations used to determine emissions; and

(3) An explanation of why the activity or emission should be e xempted from the application requirements for an operating pe rmit.Adopted 05

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- 14 (c) The Control Officer shall review, on a case

- by

- case basis, insignif icant activities for an individual Part 70 source that are listed in the application but do not require a detailed description. No activity with the potential to emit greater than two (2) tpy of any criteria pollutant, fiv e (5) tpy of a combination of criteria pollutants, five hundred (500) pounds per year of any HAP, or one (1) tpy of a combination of HAPs shall be eligible to be determined an insignificant activity under Se ction 12.5.2.5.

12.5.2.6 Permit Content: Standard Requirements

Each Part 70 Operating Permit shall include the following elements:

(a) Emission limitations and standards, including those operational r equirements and limitations that assure compliance with all applicable requirements at the time of permit iss uance or that become effective within the term of the permit:

(1) The permit shall specify, and reference the origin of and author ity for, each term or condition, and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.

(2) Where an applicable requirement is more stringent than an a pplicable requirement of regulations promulgated under Title IV of the Act, “Acid Deposition Control,” both provisions shall be i ncorporated into the permit.

(3) If the Nevada SIP allows a determination of an alternative emi ssions limit at a Part 70 source, equivalent to that contained in the SIP, to be made during the permit issuance, renewal, or si gnificant revision process, and the Control Officer elects to use such process, any permit containing such equivalency determ ination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, a ccountable, enforceable, and based on replicable procedures.

(b) All terms and conditions of a ny Authority to Construct Permit, to the extent that such terms and conditions apply to operations. The permit shall identify those terms and conditions and the authority upon which they are based, and shall contain a statement that any changes to any such terms and conditions must be processed in a ccordance with the applicable permit revision procedures in Section 12.4, 12.5.2.13 or 12.5.2.14 and applicable SIP requirements;Adopted 05

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- 15 (c) Permit duration.

(1) The Control Officer shall issue permits for a fixed term of fiv e (5) years in the case of “acid rain” sources, and for a term not to exceed five (5) years in the case of all other sources.

(2) Notwithstanding paragraph (c)(1) of Section 12.5.2.6, the Co ntrol Officer shall issue permits for solid waste incineration units combusting municipal waste and subject to a standard under Section 129(e) of the Act shall be issued for a period not to e xceed twelve (12) years and shall review such permits at least every five (5) years.

(3) A condition or requirement in a Part 70 Operating Permit that i ncorporates conditions from an Authority to Construct Permit d erived from Sections 12.2 or 12.3 requirements shall remain in e ffect and enforceable after expiration or termination of the Part 70 Operating Permit in which they are contained;

(d) M onitoring and related recordkeeping and reporting requirements.

(1) Each permit shall contain the following requirements with r espect to monitoring:

(A) All monitoring and analysis procedures or test methods r equired under applicable monitoring and testing requir ements, including 40 CFR Part 64, and any other proc edures and methods that may be promulgated pursuant to Sections 114(a)(3) or 504(b) of the Act. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monit oring or testing prov isions provided the specified monitoring or testing is ad equate to assure compliance at least to the same extent as the monitoring or testing applicable requirements that are not included in the permit as a result of such streamlining;

(B) Where the applicable requirement does not require perio dic testing or instrumental or non

- instrumental monitoring, compliance monitoring may consist of recordkeeping d esigned to serve as monitoring or periodic monitoring suff icient to yield reliable data from the relevant time period that are representative of the source’s compliance with the permit. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicab le r equirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph; andAdopted 05

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- 16 (C) As necessary, requirements concerning the use, mainte nance, and, where appropriate, installation of monitoring equipment or methods.

(2) With respect to recordkeeping, the permit shall incorporate all applicable recordkeeping requirements and require, where a pplicable, the following:

(A) Records of required monitoring information that include the following:

(i) The date, place as defined in the permit, and time of sampling or measurements;

(ii) The dates analyses were performed;

(iii) The company or entity that performed the analyses;

(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or measurement.

(B) Retention of records of all required monitoring data and support information for a period of at least five (5) years from the date of the monitoring sample, measurement, r eport, or application. Support information includes all cal ibration and maintenance records and all original strip

- chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

(3) For sources that contain emissions units subject to 40 CFR Part 64 (Compliance Assurance Monitoring, or CAM), the following general terms and conditions shall become terms and cond itions of the permit:

(A) The permittee shall install, calibrate, maintain, and operate a monitoring system according to the manufacturer’s spec ifications or other written procedures that provide adequate assurance that the system would reasonably be expected to function in accordance with the requirements in 40 CFR 64.7.

(B) At all times, the permittee shall properly maintain the mon itoring system, including, but not limited to, maintaini ngAdopted 05

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- 17 parts if necessary for routine repairs of the monitoring sy stem.

(C) The permittee shall collect data at all required intervals du r ing emissions unit operation, except for, as applicable, monitoring malfunctions, repairs associated with monito ring malfuncti ons, and required quality assurance or control activities, as follows:

(i) Data recorded during monitoring malfunctions, r epairs associated with malfunctions, and required quality assurance or control activities shall not be used for purposes of CAM.

(ii) The permi ttee shall maintain records of the begi nning date and time, ending date and time, and cause (including unknown cause, if applicable) for monitoring downtime incidents (other than downtime associated with zero and span or other daily calibr ation checks, if applicable).

(iii) The permittee shall use all data collected during all periods other than those identified in paragraph (d)(3)(C)(i) of Section 12.5.2.6 in assessing the o peration of the control device and associated control system.

(iv) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures caused in part by poor maintenance or careless operation are not malfunctions and shall be considered deviations.

(D) All incidents of moni toring downtime recorded under par agraph (d)(3)(C)(i) of Section 12.5.2.6 shall be reported pu rsuant to paragraph (d)(4) of Section 12.5.2.6.

(E) The permittee shall comply with the requirements of an approved CAM quality improvement plan, if required by the C ontrol Officer.

(4) With respect to reporting, the permit shall incorporate all appl icable reporting requirements, including those in 40 CFR 64.9(a), if applicable, and require all of the following:

(A) Submittal of reports of any required monitoring every six (6) months, or more frequently if specified by an applicable requirement or by the Control Officer. All instances of dev i-Adopted 05

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- 18 ations from permit requirements, including monitoring downtime, must be clearly identified in such reports. All required monitoring repor ts submitted must be certified by a responsible official pursuant to section 12.5.2.4;

(B) Reporting of deviations from permit requirements, including those attributable to malfunction, startup, or shu tdown

. Deviations shall be reported promptly. All reports o f deviations shall identify the probable cause of the devi ations and any corrective actions or preventative measures taken. “Promptly,” for purposes of reporting, shall mean as follows:

(i) A deviation caused by excess emissions shall be reported according to the requirements of Section 25.6.1.

(ii) A deviation from a permit requirement that poses a potential imminent and substantial danger to public health, safety, or the environment, if violated, shall be reported according to the requirements of Se ction 25.6.2; a nd

(iii) All other deviations shall be reported within six (6) months of the date the permittee first learns of the deviation

. (C) Written Report of Deviations

. A written report must be submitted at the time specified in paragraph (d)(4)(B) of Section 12.5.2.6. Th is form does not provide an exemption from reporting all malfunctions or emergencies, which shall be reported according to Section 25.6. All deviation reports submitted must be certified by a responsible official

. (5) Claims of confidentiality shall be govern ed by Section 12.6.

(e) Acid Rain Allowances. For Title IV affected sources, a permit cond ition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder:

(1) No permit revisio n shall be required for increases in emissions that are authorized by allowances acquired pursuant to the Acid Rain Program, provided that such increases do not require a permit revision under any other applicable requirement.

(2) No limit shall be placed on t he number of allowances held by the source. The source may not, however, use allowances as aAdopted 05

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- 19 defense to noncompliance with any other applicable requir ement.

(3) Any such allowance shall be accounted for according to the procedures established in regulations pr omulgated under Title IV of the Act

. (f) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portions of the permit;

(g) Standard provisions stating the following:

(1) The permittee must comply with all conditions of the Part 70 Operating Permit. Any permit noncompliance may constitute a violation of these AQRs, Nevada law, and the Act, and is grounds for any of the following: enforcement action; permit termination; revocation and re

- issuance; revision; or denial of a permit renewal application.

(2) The need to halt or reduce activity is not a defense. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted a ctiv ity in order to maintain compliance with the conditions of this permit.

(3) The permit may be revised, revoked, reopened, and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and re

- issuance, or term ination, or of a notification of planned changes or anticipated nonco mpliance, does not stay any permit condition.

(4) The permit does not convey any property rights of any sort, or any exclusive privilege.

(5) The permittee shall furnish to the Control Officer, w ithin a re asonable time, any information that the Control Officer may r equest in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit, or to dete rmine compliance with the permit. Upon request, the permit tee shall also furnish to the Control Officer copies of records r equired to be kept by the permit or, for information claimed to be confidential, the permittee may furnish such records directly to the Administrator along with a claim of confidentiality.

(6) On a timely basis, the permittee shall meet all applicable r equirements that become effective during the permit termAdopted 05

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- 20 (h) Emission Fee. A provision to ensure that the source pays fees co nsistent with Section 18;

(i) Emissions Programs. A provision stating that no per mit revision shall be required, under any approved economic incentives, marke table permits, emissions trading, and other similar programs or processes, for changes that are provided for in the permit;

(j) Alternative Operating Scenarios. Terms and conditions f or reaso nably anticipated operating scenarios identified by the source in its application as approved by the Control Officer. Such terms and co nditions:

(1) Shall require the source, contemporaneously with making a change from one operating scenario to another , to record in a log at the permitted facility a record of the scenario under which it is operating;

(2) Shall extend the permit shield to all terms and conditions under each such operating scenario; and

(3) Must ensure that the terms and conditions of each such a ltern ative scenario meet all applicable requirements and the requir ements of Section 12.5.

(k) Emissions Trading. Terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to th e extent that the applicable requirements and the Nevada SIP provide for trading such increases and decrea ses without a case

- by

- case approval by the Control Officer and the trading is necessary solely for the purpose of complying with a fede rally enforceab le emissions cap that is established in the permit ind ependent of any otherwise applicable requirements. Such terms and conditions:

(1) Shall include all terms required to determine compliance, inclu ding replicable procedures and permit terms that ensure that emissions trades are quantifiable and enforceable;

(2) Shall extend the permit shield to all terms and conditions that a llow such increases and decreases in emissions; and

(3) Shall ensure that the terms and conditions meet all applicable requirements and that th e permitting of affected sources occurs in accordance with the deadlines in Title IV of the Act and the regulations promulgated thereunder.Adopted 05

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- 21 (l) Any application form, report, or compliance certification submitted pursuant to these AQRs shall contain certificati on by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the stat ements and information in the document are true, accurate, and co mplete; and

(m) The permit shall specify that any person who has been issued a permit under Section 12.5 shall post such permit in a location which is clearly visible and accessible to the facility’s employees and repr ese ntatives of the department.

12.5.2.7 Permit Content: Federally Enforceable Requirements

(a) Except as provided in paragraph (b) of Section 12.5.2.7, all terms and conditions in a Part 70 Operating Permit, including any prov isions designed to limit a source’s PTE, are e nforceable by EPA and by citizens pursuant to a citizen's suit filed under the Act.

(b) Notwithstanding paragraph (a) of Section 12.5.2.7, applicable r equirements that are not required by the Act or implementing federal regulations shall be included in the per mit, but shall be specifically designated as being not federally enforceable and not enforceable by a citizen's suit pursuant to the Act and shall be designated as “cou nty

- only requirements.” Terms and conditions so designated are not subject to the requir ements that apply to permit review by EPA and affected states.

(c) The Control Officer shall determine which conditions are “county

- only requirements” in each Part 70 Operating Permit.

12.5.2.8 Permit Content: Compliance Requirements

All Part 70 Operating Permits shall contain all of the following elements with respect to compliance:

(a) Compliance certification, testing, monitoring, reporting, and recor dkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, includin g any report, r equired to be submitted pursuant to Section 12.5.2 shall contain a ce rtification by a responsible official that meets the requirements of Se ction 12.5.2.4;

(b) Inspection and entry requirements that require that, upon present ation of credentials and other documents as may be required by law, the permittee shall allow the Control Officer or an authorized repr e-Adopted 05

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- 22 sentative to enter the permittee’s premises where a Part 70 source is located or emissions related activity is conducted and to:

(1) Have acces s to and copy any records that must be kept under the conditions of the permit;

(2) Inspect any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

(3) Sample or monitor substances or parameters for the purpose of assuring compliance with the permit or applicable requirements; and

(4) Document alleged violations using devices such as cameras or video equipment.

(c) A schedule of compliance consistent with paragraph (j) of Section 12.5.2.3 and 40 CFR 70.5(c)(8);

(d) Progress reports consistent with an applicable schedule of co mpliance to be submitted semiannually, or at a more frequent period if specified in the applicable requirement or by the Control Officer. Such progress reports sh all contain all of the following:

(1) Dates for achieving the activities, milestones, or compliance r equired in the schedule of compliance, and dates when such a ctivities, milestones, or compliance were achieved; and

(2) An explanation of why any dates in the sche dule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Pe rmits shall include all of the following:

(1) Annual submission of compliance certification, or more frequen tly if specified in the applicable requirement or by the Control O fficer;

(2) In accordance with paragraph (d) of Section 12.5.2.6, a means for monitoring t he compliance of the source with its emission l imitations, standards, and work practices;

(3) A requirement that the compliance certification include all of the following (provided that the identification of applicable inform a-Adopted 05

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- 23 tion may reference the permit or p revious reports, as applic able):

(A) The identification of each term or condition of the permit that is the basis of the certification;

(B) The identification of the methods or other means used by the owner or operator for determining the compliance st atus with ea ch term and condition during the certification p eriod. The methods and means shall include, at a minimum, the monitoring and related recordkeeping and reporting r equirements described in 40 CFR 70.6(a)(3). If necessary, the owner or operator also shall ide ntify any other material information that must be included in the certification to comply with Section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;

(C) The status of compliance with the terms an d conditions of the permit for the period covered by the certification, i nclu d ing whether compliance during the period was cont inuous or intermittent. The certification shall be based on the method or means designated in paragraph (e)(3)(B) of Section 12.5 .2.8. The certification shall identify each devi ation and take it into account in the compliance certification. The certification shall also identify, as possible exceptions to compliance, any periods during which compliance is r equired and in which an exc ursion or exceedance (as d efined under 40 CFR Part 64) occurred; and

(D) Such other facts as the Control Officer may require to d etermine the compliance status of the source.

(4) A requirement that all compliance certifications be submitted to EPA as well as to t he Control Officer.

(f) Such additional requirements as may be specified pursuant to Se ction 114(a)(3) of the Act, “Enhanced Monitoring and Compliance Ce rtification,” and Section 504(b) of the Act, “Monitoring and Analysis.”

12.5.2.9 Permit Content: Permit Shield

(a) Except as otherwise provided in Section 12.5.2.9, the Control Officer may include in each Part 70 Operating Permit a permit shield prov ision stating that compliance with the conditions of the permit shall be deemed compliance with any applicable requiremen ts as of the date of permit issuance, provided that:Adopted 05

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- 24 (1) Such applicable requirements are included and are specifically identified in the permit; or

(2) The Control Officer, in acting on the permit application or rev ision, determines in writing that other requirem ents specifically identified are not applicable to the source, and the permit i ncludes the determination or a concise summary thereof.

(b) A Part 70 Operating Permit that does not expressly state that a pe rmit shield exists shall be presumed not to provide suc h a shield.

(c) Nothing in this paragraph or in any operating permit shall alter or a ffect any of the following:

(1) The provisions of Section 303 of the Act, “Emergency Orders,” including the authority of the Administrator under that section;

(2) The applicable requi rements of the Acid Rain Program, consi stent with Section 408(a) of the Act;

(3) The ability of the Control Officer to obtain information from a source, and the ability of EPA to obtain information from a source, under Section 114 of the Act, “Inspection, Mon itoring, and Entry”; and

(4) The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit i ssuance.

12.5.2.10 Permit Issuance: Action on Application

(a) A permit, permit revision, or renewal may be approved only if all of the following conditions have been met:

(1) The Control Officer has received a complete application for a permit, permit revision, or permit renewal, except that a co mplete application need not be received before a Part 70 general permit is is sued pursuant to Section 12.5.2.20;

(2) Except for revisions qualifying as administrative or minor permit revisions under Section 12.5.2.13 or paragraphs (a) and (b) of Section 12.5.2.14, the Control Officer has complied with the a pplicable requirements for pu blic participation in Section 12.5.2.17;

(3) The Control Officer has complied with the requirements for not ifying and responding to EPA and affected states under par agraph (b) of Section 12.5.2.18;Adopted 05

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- 25 (4) The conditions of the permit provide for compliance with all a pplicable requirements and the requirements of Section 12.5; and

(5) EPA has received a copy of the proposed permit or permit rev ision and any notices required under paragraphs (a) and (b) of Section 12.5.2.18, and has not objected to issuance of the pe rmit under paragraph (c) of Section 12.5.2.18 within the time p eriod specified therein.

(b) Except as provided under regulations promulgated under Title IV of the Act for the permitting of Title IV affected sources under the Acid Rain Program, the Control Officer s hall take final action on each permit application, including a request for permit revision or renewal, within eighteen (18) months after receiving a complete application.

(c) The Control Officer shall provide a statement that sets forth the legal and factual b asis for the draft permit conditions, including references to the applicable statutory or regulatory provisions or conditions in an applicable Authority to Construct Permit. The Control Officer shall send this statement to EPA along with each proposed Part 70 Ope rating Permit and to any other person who requests it.

(d) Upon issuance of a Part 70 Operating Permit or revision to that pe rmit, any Authority to Construct Permit issued for an emissions unit subject to that permit or revision is terminated for that e missions unit. However, the terms and conditions of the Authority to Construct Permit remain in effect, in accordance with paragraph (b) of Section 12.5.2.6.

(e) The submittal of a complete application shall not affect the requir ement that any source have a pr econstruction permit under Title I of the Act.

12.5.2.11 Permit Renewal and Expiration

(a) Permits being renewed are subject to the same procedural requir ements, including those for public participation and affected state and EPA review, that apply to initial permit iss uance.

(b) Permit expiration terminates the source’s right to operate unless a timely and complete renewal application has been submitted.

(c) If a timely and complete renewal application is submitted and the Control Officer fails to issue or deny the renewal perm it before the end of the term of the current permit, then all of the terms and cond itions of the current permit, including the permit shield, shall remain in effect until renewal or denial.Adopted 05

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- 26 (d) Except as provided in paragraph (b) of Section 12.5.2.12 and par ag raphs (a) and (b) of Section 12.5.2.14, no Part 70 source may ope rate after the time that it is required to submit a timely and complete application under Section 12.5.2 except in compliance with a permit issued thereunder. If a Part 70 source submits a ti mely and complete application for permit issuance (including for renewal), the source’s failure to have a Part 70 Operating Permit is not a violation of Section 12.5 until the Control Officer takes final action on the permit applic ation. This protection sh all cease to apply if, subsequent to the co mpleteness determination, the applicant fails to submit, by the deadline specified in writing by the Control Officer, any additional information identified as being needed to process the application.

12.5.2.12 Permit Revisi on: Changes that Do Not Require a Permit Revision

(a) A Part 70 source may make changes that are not addressed or pr ohibited by the permit without a permit revision, unless such changes are subject to any requirements under Title IV of the Act or are mo difications under any provisions of Title I of the Act.

(1) Each such change shall meet all applicable requirements and shall not violate any existing permit term or condition.

(2) Sources must provide at least seven (7) days’ written notice to the Control Officer and EPA of each such change, except for changes that qualify as insignificant under Section 12.5.2.5. Such written notice shall describe each such change, including the date, any change in emissions, pollutants emitted, and any applicable requirements tha t would apply as a result of the change.

(3) The change shall not qualify for a permit shield.

(4) The permittee shall keep a record describing changes made at the source that result in emissions of a regulated air pollutant subject to an applicable requirement, b ut not otherwise reg ulated under the permit, and the emissions resulting from those changes.

(b) A Part 70 source may make changes without requiring a permit rev ision if the changes are defined as Section 502(b)(10) changes under the Act, are not modifications under any provisions of Title I of the Act, and do not exceed the emissions allowable under the permit (whether expressed in the permit as a rate of emissions or in terms of total emissions). For each such change, the written notification r equired by para graph (a)(2) of Section 12.5.2.12 shall apply. The change shall not qualify for a permit shield.Adopted 05

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- 27 12.5.2.13 Permit Revision: Administrative Permit Revision

(a) An administrative permit revision is a permit revision that:

(1) Corrects typographical errors;

(2) Identifies a chang e in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the permi ttee;

(4) Allows for a change in ownership or operationa l control of a source if the Control Officer determines that no other change in the permit is necessary, provided that a written agreement co ntaining a specific date for transfer of permit responsibility, co verage, and liability between the current and new permittee has been submitted to the Control Officer and the permit transfer procedures in Section 12.12 have been complied with;

(5) Incorporates into the permit the terms and conditions of an A uthority to Construct Permit for a modification if the terms and conditions were subject to the procedures prescribed by Section 12.2.16.6; or

(6) Incorporates into the permit the terms and conditions in an A uthority to Construct Permit issued pursuant to Sections 12.4.3.3 or 12.4.3.4 if the terms and conditions were adopte d under the procedures prescribed by Section 12.2.16.6.

(b) Administrative permit revisions for purposes of the “acid rain” portion of the permit shall be governed by regulations promulgated under Title IV of the Act.

(c) Administrative Permit Revisions Procedures

. An administrative permit revision may be made by the Control Officer consistent with the following:

(1) The Control Officer shall take no more than sixty (60) days from receipt of a request for an administrative permit revision to take final action on such r equest, and may incorporate such changes without providing notice to the public or affected states, provided that the Control Officer designates any such permit revisions as having been made pursuant to an administrative permit revision.

(2) The Control Offic er shall submit a copy of the revised permit to EPA.Adopted 05

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- 28 (d) The source may implement the changes addressed in the request for an administrative revision immediately upon submittal of the request.

(e) The Control Officer shall, upon taking final action for an administ r ative permit revision, allow coverage by the permit shield for admini strative permit revisions made pursuant to paragraph (a)(5) of Section 12.5.2.13 which meet the relevant requirements of paragraph (c) of Section 12.5.2.13 and paragraph (c) of Section 1 2.5.2.14 for signif icant permit revisions.

12.5.2.14 Permit Revisions: Minor and Significant

A significant permit revision is any revision to a Part 70 Operating Permit that cannot be accomplished under the Section 12.5.2.14 provisions for m inor or administrative p ermit revisions. Any permit revision for purposes of the “acid rain” portion of the permit shall be governed by regulations pro mulgated by the Administrator under Title IV of the Act and shall require a significant permit revision.

(a) Minor Permit Revision P rocedures.

(1) Criteria. Minor permit revision procedures may be used only for those permit revisions that:

(A) Do not violate any applicable requirement, including any provision of the Nevada SIP (including specific control strategies);

(B) Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit;

(C) Do not require or change a case

- by

- case determination of an emission limitation or other standard, or a source

specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;

(D) Do not seek to establish or change a permit term or cond ition for which there is no corresponding underlying appl icable requirement, and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such term or condition would include a federally enforceable emissions cap assumed to avoid classification as a modification under any provision of Title I of the Act, or an alternative emissions limit approved pu rsu ant to regulations promulgated under Section 112(i)(5) of the Act, “Early Reduction”;Adopted 05

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- 29 (E) Are not modifications under any provision of Title I of the Act; and

(F) Are not modifications subject to paragraph (a)(8) of Section 12.4.3.1.

(2) Emissions Trading. Minor permi t revision procedures may be used for permit revisions involving the use of economic ince ntives, marketable permits, emissions trading, and other similar approaches, to the extent that such minor Part 70 Operating Permit revision procedures are explicitly provided for in the N evada SIP or an applicable requirement.

(3) Application. A permittee shall submit a standard application form provided by the department requesting a minor permit rev ision. The form shall include all of the following:

(A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft minor permit revision la nguage;

(C) Certification by a responsible official that the proposed r evision meets the criteria for a minor permit revision; and

(D) The information the Control Officer needs in order to notify EPA and affected states.

(4) EPA and Affected State Notification. Within five (5) working days of receipt of a complete minor permit revision applicati on, the Control Officer shall notify EPA and affected states of the requested permit revision.

(5) Timetable for Approval. The Control Officer may not issue a final permit revision approval until after EPA’s 45

- day review p eriod or until EPA has notified the C ontrol Officer that EPA will not object to issuance of the permit revision, whichever is first. Within ninety (90) days of the Control Officer’s receipt of a co mplete application under minor permit revision procedures or fi fteen (15) days after the end of EPA’s 45

- day review period u nder this paragraph, whichever is later, the Control Officer shall:

(A) Issue the permit revision as proposed;

(B) Deny the permit revision;Adopted 05

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- 30 (C) Determine that the requested revision does not meet the minor permit revision criteria and shou ld be reviewed u nder the significant revision procedures; or

(D) Revise the draft minor permit revision and transmit to EPA the new proposed revision. Transmittal to EPA initiates the approval process described in paragraph (a) of Section 12.5.2.18.

(6) Source’s A bility to Make a Change. A Part 70 source may make the change proposed in its minor permit revision applic ation thirty (30) days after it files such application. After the source makes the change allowed by the preceding sentence, and until the Control Off icer takes any of the actions specified in paragraphs (a)(5)(A) through (a)(5)(D) of Section 12.5.2.14, the source must comply with both the applicable requirements promulgated by EPA governing the change and the proposed permit terms and conditions. Durin g this time period, the source need not comply with the existing permit terms and conditions it seeks to modify. However, if the source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and con ditions it seeks to modify may be enforced against it.

(7) Permit Shield. A permit shield shall not extend to minor permit revisions.

(b) Group Processing of Minor Permit Revisions. Consistent with this paragraph, the Control Officer may modify the procedure outl ined in paragraph (a) of Section 12.5.2.14 to process groups of a source’s applications for certain modifications eligible for minor permit revision processing.

(1) Criteria. Group processing of modifications may be used only for those permit revisions:

(A) That a re minor permit revisions; and

(B) That collectively are below the following threshold levels: ten (10) percent of the emissions allowed by the permit for the emissions unit for which the change is requested,
twe n ty (20) percent of the applicable definition of major
st a tionary source in Sections 12.2, 12.3, and 12.5, or five (5) tpy, whichever is less.

(2) Application. An application requesting the use of group processing procedures shall include the following:Adopted 05

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- 31 (A) A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

(B) The source’s suggested draft permit revision language;

(C) Certification by a responsible official that the proposed revision meets the criteria for use of group process ing procedures, and a request that such procedures be used;

(D) A list of the source’s other pending applications awaiting group processing, and a determination of whether the r equested revision, aggregated with these other applic ations, equals or exceeds the threshold set under par agraph (b)(1)(B) of Section 12.5.2.14;

(E) Certification that the source has notified EPA of the pr oposed revision. Such notification need only contain a brief description of the requested revision; and

(F) Completed forms for the Control Of ficer to use to notify EPA and affected states of the revisions for which group processing is sought.

(3) EPA and Affected State Notification. On a quarterly basis or within five (5) business days of receipt of an application demo nstrating that the aggregate o f a source’s pending applications equals or exceeds the threshold level set under paragraph (b)(1)(B) of Section 12.5.2.14, whichever is earlier, the Control Officer shall notify EPA and affected states of the requested permit revisions.

(4) Timetable for Issu ance. The provisions of paragraph (a)(5) of Section 12.5.2.14 shall apply to modifications eligible for group processing, except that the Control Officer shall take one of the specified actions within one hundred eighty (180) days of receipt of the applica tion or fifteen (15) days after the end of EPA’s 45

- day review period under paragraph (c) of Section 12.5.2.18, whichever is later.

(5) Source’s Ability to Make a Change. The provisions of par agraph (a)(6) of Section 12.5.2.14 shall apply to modifications e lig ible for group processing.

(6) Permit Shield. Revisions eligible for group processing shall not be entitled to the permit shield.Adopted 05

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- 32 (c) Significant Permit Revision Procedures.

(1) Criteria. Significant permit revision procedures shall be used for applications requestin g permit modifications that do not qualify as minor permit revisions or as administrative permit revisions, including the creation of a PAL pursuant to Section 12.2.19. At a minimum, every significant change in existing monitoring permit terms or condition s, and every relaxation of reporting or recor dkeeping permit terms or conditions, shall be considered signif icant. Nothing herein shall be construed to preclude the permi ttee from making changes consistent with this part that would render existing permit c ompliance terms and conditions irrel evant.

(2) Significant permit revisions shall meet all requirements for i ssuance and renewal of a Part 70 Operating Permit under Se ctions 12.5.2.10 and 12.5.2.11, including those for applications, public participation, revie w by affected states, and review by EPA, as they apply to permit issuance and permit renewal. The Control Officer shall complete review on the majority of signif icant permit revisions within nine (9) months after receipt of a complete application.

12.5.2.15 Permit R evision: Reopening for Cause

(a) Each Part 70 Operating Permit shall include provisions specifying the conditions under which the permit will be reopened prior to the exp iration of the permit. A permit shall be reopened and revised under any of the following c ircumstances:

(1) New applicable requirements become applicable to a Part 70 source that is a major stationary source under Section 12.2, Section 12.3, or 40 CFR 70.3(a)(1) with a remaining permit term of three (3) or more years. Such a reopening shall be comp leted not later than eighteen (18) months after promulgation of the applicable requirement. No such reopening is required if the e ffective date of the requirement is later than the date on which the permit is due to expire unless the original permit or its terms and conditions has been extended pursuant to paragraph (c) of Section 12.5.2.11;

(2) Additional requirements (including excess emissions requir ements) become applicable to an affected source under the Acid Rain Program. Upon approval by the Administrato r, excess emissions offset plans shall be deemed to be incorporated into the permit;Adopted 05

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- 33 (3) The Control Officer or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or cond itions of the permit; or

(4) The Administrator or the Control Officer determines that the permit must be revised or revoked to assure compliance with the applicable requirements.

(b) PAL conditions are to be revised under Section 12.3.9.8 or par agrap h (b) of Section 12.2.19.8

(c) Proceedings to reopen and issue a permit shall follow the same pr ocedures as apply to initial permit issuance, and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expe ditiously as practicable.

(d) Reopenings under paragraph (a)(1) of Section 12.5.2.15 shall not be initiated before a notice of such intent is provided to the source by the Control Officer at least thirty (30) days in advance of the date that the permit is to b e reopened, except that the Control Officer may pr ovide a shorter time period in the case of an emergency.

12.5.2.16 Permit Revision: Reopenings for Cause by EPA

(a) The Control Officer shall, within ninety (90) days after receipt of not ification that EPA finds that cau se exists to terminate, revise, or r evoke and reissue a permit, forward to EPA a proposed determination of termination, revision, or revocation and reissuance, as appropriate. The Control Officer may request a 90

- day extension if a new or r evised permit ap plication is necessary or if the Control Officer dete rmines that the permittee must submit additional information.

(b) The Administrator will review the proposed determination from the permitting authority within ninety (90) days of receipt.

(c) The Control Officer shall have ninety (90) days from receipt of an EPA objection to resolve the objection and to terminate, revise, or r evoke and reissue the permit in accordance with the Administrator’s objection.

(d) If the Control Officer fails to submit a proposed det ermination pu rsuant to paragraph (a) of Section 12.5.2.16, or fails to resolve the Administrator’s objection pursuant to paragraph (b) of Section 12.5.2.16, the Administrator will terminate, modify, or revoke and reissue the permit after taking the followi ng actions:Adopted 05

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- 34 (1) Providing at least thirty (30) days’ notice to the permittee in wri ting of the reasons for any such action. This notice may be given during the procedures in paragraphs (a) through (c) of Section 12.5.2.16; and

(2) Providing the permittee an oppor tunity for comment on the A dministrator’s proposed action and an opportunity for a hearing.

12.5.2.17 Public Participation

The Control Officer shall provide for public notice, comment, and an oppo rtunity for a hearing on initial permit issuance, significant revision s, reope nings for cause, and renewals in accordance with the following procedures.

(a) Notice shall be given by publication in a newspaper of general circ ulation in the area where the source is located; to persons on a mai ling list developed by the Control Of ficer, including those who request in writing to be on the list; and by other means if necessary to assure adequate notice to the affected public.

(b) The notice shall identify the Part 70 source; the name and address of the permittee; the activity or activiti es involved in the permit action; the emissions change involved in any permit revision; the name, a ddress, and telephone number of a person from whom interested pe rsons may obtain additional information, including copies of the permit draft, the applicatio n, all relevant supporting materials (including any compliance plan or compliance and monitoring certifications), and all other materials available to the Control Officer that are relevant to the permit decision; a brief description of the comment procedur es; and the time and place of any hearing that may be held, including a statement of procedures to request a hearing, unless a hearing has already been scheduled.

(c) The Control Officer shall provide such notice and opportunity for pa rticipation by affected s tates as provided for by Section 12.5.2.18.

(d) Timing. The Control Officer shall provide at least thirty (30) days for public comment and shall give notice of any public hearing at least thirty (30) days in advance of the hearing.

(e) The Control Officer shall ke ep a record of the commenters and also of the issues raised during the public participation process, and such records shall be available to the public and to EPA.Adopted 05

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- 35 12.5.2.18 Permit Review by EPA and Affected States

(a) Transmission of Information to EPA.

(1) The Control Off icer shall provide to EPA a copy of each permit application, including any application for permit revision, each proposed permit, and each final operating permit, unless the Administrator has waived this requirement for a category of sources, including any class, type, or size within such category. The applicant may be required by the Control Officer to provide a copy of the permit application, including the compliance plan, directly to EPA. Upon agreement with EPA, the Control Officer may submit to EPA a p ermit application summary form and any relevant portion of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in a computer

- rea dable format compatible with EPA’s national database management system.

(2) The Control Officer shall keep for five (5) years such records and submit to EPA such information as EPA may reasonably require to ascertain whether the Operating Permit Program compli es with the requirements of the Act or of 40 CFR Part 70.

(b) Review by Affected States

(1) The Control Officer shall give notice of each draft permit to any affected state on or before the time that the Control Officer pr ovides this notice to the public under par agraph (a) of Section 12.5.2.17, except to the extent that paragraphs (a) or (b) of Se ction 12.5.2.14 requires the timing of the notice to be different.

(2) The Control Officer, as part of the submittal of the proposed permit to EPA, or as soon as possible aft er the submittal for m inor permit revision application, shall notify EPA and any a ffected state in writing of any refusal by the Control Officer to a ccept all recommendations for the proposed permit that the affected state submitted during the public or af fected state r eview period. The notice shall include the Control Officer’s re asons for not accepting any such recommendation. The Control Officer is not required to accept recommendations that are not based on applicable requirements or the provisions of S ection 12.5.2.

(c) EPA Objection

(1) If EPA objects to the issuance of a permit in writing within forty

five (45) days of receipt of the proposed permit and all nece s-Adopted 05

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- 36 sary supporting information, then the Control Officer shall not i ssue the permit.

(2) Failure of the Control Officer to do any of the following shall constitute grounds for an objection by EPA:

(A) Comply with paragraph (a) or (b) of Section 12.5.2.18;

(B) Submit any information necessary to adequately review the proposed permit; or

(C) Process the permit under the procedures in Section 12.5.2.17.

(3) If the Control Officer fails, within ninety (90) days after the date of an objection by EPA, to revise and submit a proposed permit in response to the objection, EPA may issue or deny the permit in accordance with the requi rements of the federal program promulgated under 40 CFR Part 71.

(d) Public Petitions to EPA. If EPA does not object in writing under p aragraph (c) of Section 12.5.2.18, any person may petition EPA under the provisions of 40 CFR 70.8(d) within sixty (60) days after the exp iration of EPA’s 45

- day review period to make such objection. If EPA objects to the permit as a result of a petition, the Control Officer shall not issue the permit until EPA’s objection has been resolved, except that a petition for review doe s not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45

- day review period and prior to an EPA objection. Any such petition shall be based only on objections to the permit that were raised with reasonabl e specificity during the public comment period provided for in Section 12.5.2.17, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period. If the Control Officer has issued a permit prior to receipt of an EPA objection under this paragraph, EPA may modify, terminate, or revoke such permit consistent with the procedures in 40 CFR 70.7(g), except in unusual circumstances, and the Control Officer may thereafter issue only a revised permit that satisfies EPA’s objection. In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.

(e) Prohibition on Default Issuance. The Control Officer shall n ot issue an operating permit, including a permit renewal or revision, until a ffected states and EPA have had an opportunity to review the pr oposed permit as required under Section 12.5.2.18.Adopted 05

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- 37 12.5.2.19 Temporary Sources

(a) The Control Officer may issue a single permit authorizing emissions from similar operations by the same source owner or operator at mu ltiple temporary locations. The operation must be temporary and i nvolve at least one (1) change of location during the term of the pe rmit. No acid rain source or a sour ce subject to the provisions of Section 112 of the Act shall be permitted as a temporary source. Permits for temporary sources shall include the following:

(1) Conditions that will assure compliance with all applicable r equirements at all authorized locations;

(2) Requirements that the owner or operator notify the Control O fficer at least ten (10) days in advance of each change in loc ation; and

(3) Conditions that assure compliance with all other provisions of Section 12.

12.5.2.20 Part 70 General Permit

(a) The Control Officer may, after notice and opportunity for public parti cipation provided under 40 CFR Part 70.7(h), issue a Part 70 general permit covering numerous similar Part 70 sources.

(b) Any general permit shall comply with all requirements applicable to other Part 70 Operating Permits and shall identify criteria by which sources may qualify for the general permit. To sources that qualify, the Control Officer shall grant the conditions and terms of the general permit. Notwithstanding the shield provisions of Section 12.5.2.9, th e source shall be subject to enforcement action for operation without a Part 70 Operating Permit if the source is later determined not to qua lify for the conditions and terms of the general permit. General pe rmits shall not be authorized for affected sourc es under the Acid Rain Program unless otherwise provided in regulations under Title IV of the Act.

(c) Part 70 sources that would qualify for a general permit must apply to the Control Officer for coverage under the terms of the general pe rmit, or must apply f or an individual Part 70 Operating Permit. The Control Officer may, in the general permit, provide for applications which deviate from the requirements of Section 12.5.2.3, provided that such applications meet the requirements of Section 12.5.2.20 and incl ude all information necessary to determine qualification of, and to assure compliance with, the general permit. Without repeating the public participation procedures required under Section 12.5.2.17, the Control Officer may grant a source’s request for aut horization toAdopted 05

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- 10 CC Air Quali ty Regulations 12.5

- 38 operate under a general permit, but such a grant shall not be a final permit action for purposes of judicial review.

(d) If the Administrator does not object within forty

- five (45) days after receiving a proposed Part 70 general permit which cove rs stationary Sources that would otherwise be required to apply for individual Part 70 Operating Permits, the general permit becomes effective at the end of the 45

- day period. If the Administrator objects to the general permit, the Part 70 general permit b ecomes effective only when the objection is resolved.

(e) After the effective date of a Part 70 general permit, the owner or o perator of any stationary source that meets the criteria set forth in the Part 70 general permit may request authority to operate unde r the Part 70 general permit. The request must be in writing and must i nclude all information required by the Part 70 general permit.

History: Adopted May 18, 2010Adopted 05

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- 10 CC Air Quality Regulations 12.6

- i SECTION 12.6: CONFIDENTIALITY

12.6 Confidentiality

................................ ................................ ................................ .. 1 12.6.1 Certification of Confidentiality

................................ ................................ .......... 1 12.6.2 Control Officer’s Action on a Claim of Confident iality

................................ ...... 1 12.6.3 Effect of the Submission of a Certification of Confidentiality or Appeal

........... 2 12.6.4 Limitation of this Regulation

................................ ................................ ............ 2Adopted 05

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- 1 12.6 Confidentiality

Information obtained by the Control Officer either in performance of the Control Officer’s duties under these AQRs or submitted by a business or individual pursuant to these AQRs, s hall be public information unless otherwise designated as confidential pursuant to NRS 445B.570 and Section 12.6.

12.6.1 Certification of Confidentiality

A business or individual submitting information to the Control Officer or with regard to information obtained by the Control Officer may provide a Certification of Confidentiality in writing that the information is confidential. Such certification shall include:

(a) A clear identification of the information claimed as confidential including a stamped or typed legend or other notice employing language such as “confidential” or “proprietary.” Confidential information contained in an otherwise non

- confidential document shall be submitted separately.

(b) A justification for the claim of confidentiality with specific referen ce to the criterion in NRS 445B.570(6) on which the claim is based and the facts supporting the position that the criterion has been met.

12.6.2 Control Officer’s Action on a Claim of Confidentiality

Within thirty (30) days of receipt of a Certification of Confid entiality, the Control Officer shall provide written notice by certified mail to the business or individual submitting the Certification that:

(a) The certification is verified and approved; or

(b) The certification is denied in whole or in part.

The notice shall state the basis for the determination, that it constitutes final action by the Control Officer on the Certification, and that the Control Officer will make information that has not been certified as confidential available to the public in accordance with N evada public records law unless, within twenty (20) calendar days after receipt of the denial, the business or individual files a notice of appeal and petitions the Clark County Air Pollution Control Hearing Board in writing for a hearing to determine whe ther the Control Officer properly determined that the information was not confidential information. As applicable, Section 7 of these AQRs shall govern the appeals process.Adopted 05

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- 10 CC Air Quality Regulations 12.6

- 2 12.6.3 Effect of the Submission of a Certification of Confidentiality or Appeal

(a) Upon the submission of a Certification of Confidentiality in accordance with Section 12.6.1, the information for which a Certification has been sought shall not be made available to the public until the Control Officer has denied the Certification in whole or in p art and the appeal period has run.

(b) Upon the filing of a timely appeal, the information for which a Certification of Confidentiality has been sought shall not be made available to the public until the Hearing Board renders a decision determining that the de nial of certification was proper.

12.6.4 Limitation of this Regulation

Nothing in Section 12.6 shall be construed as limiting the disclosure of information to the public under the provisions of NRS 445B.570(2), (3), and (4).

History: Adopted May 18, 2010Adopted 05

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- 10 CC Air Quality Regulations 12.7

- i SECTION 12.7: EMISSION REDUCTION CREDITS

12.7 Emission Reduction Credits (ERCs)

................................ ............................... 1 12.7.1 Applicability

................................ ................................ ................................ ..... 1 12.7.2 Emission Reduction Credit (ERC) Registry and Tracking System

.................. 1 12.7.3 Procedures for Processing an ERC Application

................................ .............. 2 12.7.4 Limits on the Use of ERCs

................................ ................................ .............. 4 12.7.5 Criteria for Granting ERCs

................................ ................................ .............. 5 12.7.6 Notice o f Proposed Action and Public Hearing Procedures for ERCs

............. 7 12.7.7 ERC Transfer Requirements

................................ ................................ ........... 8 12.7.8 Procedures for Redeeming ERCs

................................ ................................ ... 9 12.7.9 Additional Control Officer Authority Related to ERCs

................................ .... 10 12.7.10 ERC Reciprocity

................................ ................................ ............................ 11Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 1 12.7 Emission Reduction Credits (ERCs)

12.7.1 Applicability

(a) Section 12.7 provides for the creation, banking, trading, and use of ERCs. This section applies to the following:

(1) A stationary source with a federally enforceable offset requir ement;

(2) A stationary source with a federal ly enforceable permit that co ntains requirements associated with ERCs; and

(3) Any party involved with the trading of ERCs.

(b) The Control Officer may allow the issuance, trading, use, redemption or banking of eligible ERCs for CO, PM 10 , VOC, and NO X in acco rdanc e with the limitations set forth in this section.

(c) ERCs earned pursuant to this section are a privilege and do not co nstitute an interest in property or create any contractual rights.

12.7.2 Emission Reduction Credit (ERC) Registry and Tracking System

(a) The Control Officer shall establish and maintain an ERC Registry to record and track all ERC and offset requirement transactions.

(b) The ERC Registry established by the Control Officer shall be acces sible to the public and shall contain the following information for all ERC and offset requirement transactions:

(1) The owner’s name;

(2) The project that generated the ERCs;

(3) The pollutant; and

(4) The quantity of ERCs.

(c) The ERC Registry shall not contain information that has been deemed confidential pursuant to Section 12.6 and Nevada R evised Statutes Chapters 239 and 445B.

(d) When an ERC is recorded in the ERC Registry under the owner’s account, it is banked. When an ERC is redeemed to satisfy a stati onary source’s offset requirement, the ERC is no longer banked b ecause it is expended and no longer available for use.Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 2 12.7.3 Procedures for Processing an ERC Application

(a) An application for generating an ERC pursuant to this section shall be submitted to the Control Officer. The applicant shall use the cu rrent ERC application form, as provided by the department. Such a pplication must be signed by the stationary source owner, operator or responsible official and the applicant must pay a non

- refundable a pplication fee at time of submittal pursuant to these AQRs.

(b) An ERC application must be submitted to t he Control Officer within the following time limits; otherwise, the ERC application shall be invalid:

(1) For a source with a partial shutdown, the application must be submitted within one hundred and eighty (180) calendar days a fter the date of issuance of th e revised federally enforceable permit containing the conditions associated with a partial shu tdown that generated the emission reductions for the requested ERCs;

(2) For a source with a full (source wide) shutdown, the application must be submitted within one hundred and eighty (180) calendar days after the date of the voluntary termination of the federally enforceable permit containing the conditions associated with a stationary source shutdown that generated the emission redu ctions for the requested ERCs;

(3) Fo r a source with a reconfiguration/operational change, the a pplication must be submitted after the stationary source has o perated under normal conditions for at least twelve (12) consecutive months after the date of issuance of the revised federally enforce able permit containing the conditions ass ociated with a change that generated the emission reductions for the requested ERCs. The normal operational period shall not i nclude shakedown or phase

- in operations;

(4) For a source with a reconfiguration/operational change and a partial shutdown, the application must be submitted after the source has operated under normal conditions for at least twelve (12) consecutive months after the issuance of the revised fede rally enforceable permit containing the conditions ass ociated with the change and the partial shutdown that generated the emi ssion reductions for the requested ERCs. The normal operational period shall not include shakedown or phase

- in operations.

(5) For paragraphs (3) and (4) of Section 12.7.3(b), the applicat ion must be submitted within five (5) years after the issuance of theAdopted 05

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- 10 CC Air Quality Regulations 12.7

- 3 revised federally enforceable permit containing the conditions associated with the change that generated the emission redu ctions for the requested ERCs.

(c) In addition to paragraphs (a) and (b) of Section 12.7.3, an ERC a pplication is eligible for consideration if the following requirements are
met:

(1) The application must apply to a stationary source;

(2) Emission units associated with the application must be co mpliant with all permit conditions f or all timeframes associated with the emission reductions;

(3) Emission reductions must be based on a shutdown, application of innovative control technologies, and/or process improv ements; and

(4) Emission reductions must be for CO, PM 10 , VOC, or NO X

. (d) The Control Officer shall determine the completeness of an applic ation submittal within sixty (60) calendar days of receipt of such an application. An application shall be deemed complete only when the Control Officer has all necessary information to process the appli c ation. At a minimum, the applicant shall provide all required inform ation as indicated in the current ERC application form and any additional information upon request from the Control Officer. If such application is deemed incomplete, then the Control Off icer shall r equest additional information as necessary to determine eligibility of such emission reductions.

(e) When the application is deemed complete, the Control Officer shall draft a proposed ERC determination of the approvability of the r equested ERCs ba sed on the criteria in Section 12.7.5. If the Control Officer requires additional information from the applicant during the analysis, the Control Officer shall issue an incompleteness letter to the applicant to request the additional information. Upon re ceipt of the additional information the Control Officer shall determine if the application is complete in accordance with Section 12.7.3(d).

(f) The Control Officer shall provide EPA the proposed final ERC dete rmination for review and comment for a period not to exceed thirty (30) calendar days. After the 30

- day EPA review and comment p eriod, the Control Officer shall consider any comments received from EPA and update the proposed ERC determination, if necessary.Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 4 (g) Within sixty (60) calendar days after the EPA re view and comment period, public participation of the proposed ERC determination shall be accomplished in accordance with Section 12.7.6.

(h) Within sixty (60) calendar days after the public comment period or a fter the public hearing, whichever occurs later, th e Control Officer shall consider all comments received during the public comment p eriod and issue to the applicant a final ERC determination of the a pprovability of the requested ERCs based on the criteria in Section 12.7.5. The final ERC determination sh all contain, at a minimum the following:

(1) The applicant’s information;

(2) The stationary source information;

(3) The quantity and type of ERCs to be approved and issued, if any, per specific pollutant;

(4) Any conditions that must be satisfied prior to the ERCs beco mi ng effective;

(5) The decision to approve or disapprove the ERC application, in full or in part; and

(6) If ERCs are approved for issuance, the Control Officer shall record the issuance transaction in the ERC Registry. The Co ntrol Officer shall produce an ERC Cred it Balance Summary R eport and include the report as an attachment to the final ERC determination.

(i) If the Control Officer does not approve the applicant’s ERC request, the applicant may, within twenty (20) calendar days after receipt of the final ERC deter mination, petition the Clark County Air Pollution Control Hearing Board in writing for a hearing to determine whether the Control Officer properly disapproved the applicant’s ERC request based on the approvability criteria in Section 12.7.5. As applicable, Section 7 of these AQRs shall govern the appeals process.

12.7.4 Limits on the Use of ERCs

The ERC shall not provide or allow:

(a) Authority for or the recognition of any pre

- existing vested right to emit any regulated air pollutant;

(b) Exemption from the RACT, BACT, LAER or any other control r equirement pursuant to these AQRs;Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 5 (c) Dual accounting of emission reductions that have already been i ncluded as part of Clark County’s baseline emissions in the Nevada SIP;

(d) For emission reductions already required by law;

(e) Auth ority for or the recognition of any rights that would be contrary to applicable law; or

(f) An exemption to a stationary source from any other air pollution co ntrol requirements under federal, state or local laws, rules and regul ations.

12.7.5 Criteria for Granting E RCs

The Control Officer shall not issue any ERC unless the following requir ements are met:

(a) Emission reductions used to generate the ERC shall be real, surplus, permanent, quantifiable, and federally enforceable.

(b) A revised federally enforceable Minor Sourc e Permit to Operate or Part 70 Operating Permit has been issued which contains practicably enforceable conditions to limit the emission unit's PTE to the allow able emissions of the stationary source.

(c) The emissions baseline for determining ERCs for emission s redu ctions is the emissions limit under the Nevada SIP in effect at the time the application for a federally enforceable authority to construct is filed, except that the emissions baseline shall be the actual emissions of the emissions unit from which th e ERC is obtained when:

(1) The demonstration of reasonable further progress and attai nment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review progr am was adopted;

or

(2) The Nevada SIP does not contain an emission limitation for that emissions unit.

(d) Where the Nevada SIP requires certain equipment controls in lieu of an emission limitation (e.g., floating roof tanks for petroleum storage), baseline allowa ble emissions shall be based on actual operating conditions for the previous two (2) year period (i.e., actual throughput and vapor pressures) in conjunction with the required equipment co ntrols.Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 6 (e) ERCs for an emissions reduction shall only be granted to the extent that the Control Officer has not relied on it in issuing any permit u nder regulations approved pursuant to 40 CFR Part 51, Subpart I, or it has not been relied on in an attainment demonstration or reasonable further progress demonstration in a nona ttainment area plan.

(f) Stationary sources with existing actual emissions exceeding the a llowable emissions specified in the source’s federally enforceable a uthority to construct or operating permit (whichever is in effect) are not eligible to apply for ERCs.

(g) Where a stationary source is subject to both (1) an emission limit ation established in a New Source Performance Standard (NSPS) or a National Emission Standard for Hazardous Air Pollutants (N ESHAPs), ( i.e., requirements under Sections 111 and 112, respec tiv ely, of the Act); and (2) a different Nevada SIP limitation, the more stringent limitation shall be used as the baseline for determining ERC S . The difference in emissions between the Nevada SIP and the NSPS or NESHAPs for such a stationary source shall not be used as a basis for ERCs. However, if a stationary source is not subject to a NSPS or NESHAPs emissions limit, for example if its construction had commenced prior to the proposal of an NSPS or NESHAPs for that source category, ERC s may be granted if the stationary source accepts a federally enforceable emission limit that is more stringent than the Nevada SIP emission limitation.

(h) Where the emissions limit under the Nevada SIP allows greater emissions than the potential to emit of the emissions unit, ERC s shall only be creditable for emission reductions below the allowable limit of the stationary source and the permitted emissions unit.

(i) Stationary source shutdowns.

(1) Emissions reductions achieved by shutting down an existing source or curtailing product ion or operating hours below bas eline levels may be approved only if the shutdown or curtailment occurred after the last day of the base year for the SIP planning process. The Control Officer may consider a prior shutdown or curtailment to have occurred af ter the last day of the base year if the projected emissions inventory used to develop the attai nment demonstration explicitly includes the emissions from such previously shutdown or curtailed emissions units. However, in no event will ERCs be approved for shutdowns that occurred prior to November 15, 1990.

(2) Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below bas e-Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 7 line levels and not meeting the criteria in paragraph (i)(1) of Se ction 12.7.5 may be used in the absence of an approved attai nment demonstration only if the shutdown or curtailment occurred on or after the date the new source permit application is filed, or, if the applicant can establish that the proposed new source is a replacement fo r the shutdown or curtailed source, and the cutoff date provisions of paragraph (i)(1) of Section 12.7.5 are o bserved.

12.7.6 Notice of Proposed Action and Public Hearing Procedures for ERCs

(a) After receipt of a complete ERC application and issuance of pr oposed ERC determination, the Control Officer shall publish in a newspaper of general circulation within Clark County, Nevada, and on the department’s web site a notice of the following items regarding the applicant:

(1) Submittal date of the ERC application;

(2) A vailability of information;

(3) Availability of review and analysis of the application based on its compliance with each applicable regulation;

(4) A summary of the required air pollution controls (if applicable);

(5) A summary of the number and type of ERCs requested and whether the Control Officer proposes to approve or disapprove the ERC request in whole or in part;

(6) Availability of the proposed ERC determination documents.

(7) Availability of revised federally enforceable authority to construct or operating permit condi tions (if applicable);

(8) Opportunity for any person to submit written comments on the ERC application, relevant information or data and the proposed ERC determination.

(b) The applicant shall reimburse DAQEM for all newspaper costs ass ociated with the public not ice.

(c) The notice shall indicate that all comments must be submitted to the Control Officer in writing within thirty (30) calendar days from the
pu b lication date of the Notice of Proposed Action.

(d) The notice shall indicate the opportunity for any person to re quest a public hearing.Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 8 (e) During the thirty (30) day public comment period specified in Section 12.7.6(c), any person may petition the Control Officer, in writing, for a public hearing. All such petitions shall contain: the petitioner’s name, address, dayti me telephone number; and comments related to the proposed action.

(f) If a proper petition is filed that contains comments related to the pr oposed action and the Control Officer determines that there is a signi ficant degree of public interest, the Control Offi cer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy (70) days, after the date of the Notice of Proposed Action. In determining if a significant degree of public interest exists, the Control Officer shall consider all relevant factors, including, but not limited to, the number of petitioners and the nature of their concerns as stated in their petitions.

(g) The petitioner and the applicant shall receive no less than seven (7) days’ prior written notice of the date and location of the public hea ring. Any notice of hearing shall also be posted on the department’s website no less than seven (7) days prior to the public hearing.

12.7.7 ERC Transfer Requirements

(a) ERCs may be transferred in whole or in part.

(b) An ERC transfer request shall be limited to two (2) parties, i.e., the current owner of the ERCs (transferor) and the transferee.

(c) All applicable Section 18 fees associated with the ERC transfer shall be paid in full prior to or upon subm ission of the ERC transfer r equest.

(d) The ERC Credit Balance Summary Report on or after the effective date of this section of the AQRs, signed by the Control Officer, shall be the sole proof of ownership of ERCs. The ERC Credit Balance Summary Report shall be dated; therefore, each ERC Credit Balance Summary Report will supersede all previous versions of the report. The ERC Credit Balance Summary Report reflects the balance of all ERC transactions contained in the registry for the owner.

(e) Only the owner of an ERC, as indicated on the ERC Credit Balance Summary Report, may deposit, withdraw, redeem or transfer ERCs.

(f) The owner of ERCs must submit a request to the Control Officer to transfer ERCs to another party. To be considered valid, the ERC transfer request must:

(1) Be signed and dated by the owner;Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 9 (2) Be on the owner’s letterhead;

(3) Contain the owner’s information: name, address, city, state, zip, and phone number;

(4) Contain the transferee’s information: name, address, city, state, zip, and phone number;

(5) Specify the quantity of ERCs being transferred for each air po ll u tant specified in Section 12.7.1(b); and

(6) Identify the project name associated with the origin (as specified in the final ERC determination) of the ERCs being transferred.

(g) Transfer of the banked ERCs shal l become effective on the date the department notifies both parties of the transfer, which signifies that the transfer is complete, approved and recorded in the registry. The notification shall be on department letterhead and signed by the Co ntrol Officer . This notification shall contain an ERC Credit Balance Summary Report signed by the Control Officer that reflects the ba lance of all completed transactions for the owner.

12.7.8 Procedures for Redeeming ERCs

(a) The owner of ERCs shall submit a request to the Contr ol Officer to redeem ERCs for use at a specific stationary source and include the applicable transaction fee pursuant to Section 18. To be considered valid, the redemption request shall:

(1) Be signed and dated by the owner;

(2) Be on the owner's official letterhe ad;

(3) Contain the owner's information: name, address, city, state, zip, and phone number;

(4) Contain the stationary source’s information for which the ERCs are being redeemed against: name, authority to construct and/or operating permit number (generically refe rred to as the facility number), physical address, city, state, zip, and phone number;

(5) Specify the quantity of ERCs being redeemed for each air poll utant specified in Section 12.7.1(b); and

(6) Identify the project name associated with the origin (as specifie d in the final ERC determination) of the ERCs being redeemed.Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 10 (7) Redemption of ERCs shall become final and effective on the i ssuance date of the federally enforceable permit containing the ERC redemption satisfying an offset requirement. Issuance of the fede rally enforceable permit containing the ERC redemption also signifies final approval of the redeemed ERCs.

12.7.9 Additional Control Officer Authority Related to ERCs

(a) The Control Officer shall have the authority to retire banked ERCs or impose a temporary or perm anent moratorium on the ERC Program for the following purposes:

(1) To prevent an exceedance of the National Ambient Air Quality Standards;

(2) To establish baseline emissions or future emission projections for a State Implementation Plan;

(3) To establish baseline em issions or future emission projections for a Maintenance Plan;

(4) To ensure reasonable further progress of the SIP; and,

(5) To control air quality within an airshed or nonattainment area.

(b) The Control Officer shall publish on the department’s website for a period of thirty (30) days a notice listing the following items regarding a proposed retirement of ERCs:

(1) Availability of information;

(2) A summary of the proposed action;

(3) A summary of the proposed action justification;

(4) The authority of the proposed action;

(5) A summ ary of the ownership, amount, and type of ERCs pr oposed for retirement;

(6) Opportunity for an affected person to submit written comments during the notice period on the proposed action and relevant i nformation or data. The Control Officer shall consider such comments prior to implementing the action.

(c) The Control Officer shall publish on the department’s website for a period of thirty (30) days a notice listing the following items regarding a proposed ERC Program Moratorium:Adopted 05

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- 10 CC Air Quality Regulations 12.7

- 11 (1) Availability of information;

(2) A summary of the proposed action;

(3) A summary of the proposed action justification;

(4) The authority of the proposed action;

(5) A summary of the ownership, number, type of ERCs proposed for retirement or subject to a moratorium;

(6) Opportunity for an affected person to submit written comments during the notice period on the proposed action and relevant i nformation or data. The Control Officer shall consider such comments prior to implementing the action.

(d) In addition, the Control Officer shall notify each owner of ERCs a ffected by the proposed action at least seven (7) calendar days prior proposed action.

12.7.10 ERC Reciprocity

The Control Officer may grant reciprocity for banking, transacting and r edeeming ERCs that are issued by the Nevada Division of Environmental Protection (NDEP) if the NDEP ERC issuance requirements are equivalent to or more stringent than the applicable requirements of Section 12.7 su bject to the following conditions:

(a) NDEP shall submit the ERC Reciprocity Request to the Control O fficer on behalf of the E RC owner. The ERC owner’s request shall be submitted with the NDEP transmittal document.

(b) All documentation associated with the ERCs issued by the NDEP shall be submitted with the ERC Reciprocity Request, including, but not limited to, the following: the ERC application and technical su pport document; eligibility determinations, completeness determin ations, the final ERC determination, public notices, public comments, appeal documents, the operating permit as it was prior to the ERC issuance and the operat ing permit as modified to accommodate the ERCs.

History: Adopted May 18, 2010Adopted 03

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- 10 CC Air Quality Regulations 12.9

- 1 SECTION 12.9 : ANNUAL EMISSIONS INVENTORY REQUIREMENT

(a) Every major stationary source located in Clark County shall complete and submit to the Control Officer an annual emissions inventory. The annual emissions inventory is due by March 31 of each year and shall include e mission factors and calculations used to determine the emissions from each permitted emission s unit for the previous calendar year.

(b) If the Control Officer determines that it is necessary to demonstrate attainment, maintenance, reasonable further progress or compliance with any State Implementation Plan requirement; to protect visibility or to cal culate administrative fees, any source subject to an applicable requirement, shall, upon notice by the Control Officer, complete and submit an annual emissions inventory within 60 days of such notification, or other such timeframe as specified by the notic e.

(c) The annual emissions inventory submittal shall include the following information:

(1) The source’s name, description, mailing address, contact person and contact person phone number, and physical address and location, if different than the mailing address

. (2) The actual quantity of emissions from permitted emission points and fugitive emissions as determined pursuant to the permit, including documentation of the method of measurement, calculation, or estimation, determined pursuant to subsection (d), of all r egulated air pollutants.

(d) Actual quantities of emissions shall be determined using the following emission factors or data:

(1) Whenever available, emissions estimates shall either be calculated from continuous emissions monitors certified pursuant to 40 CFR 75, Subpart C and referenced appendices, or continuous emissions monitor data quality assured pursuant to Appendix F of 40 CFR Part 60.

(2) When sufficient data pursuant to subsection (d)(1) is not available, emissions may be determined using:

(A) The emissions calcu lation methodology used to establish the emission limitations specified in the permit; or

(B) An equivalent method approved by the Control Officer prior to the submittal of the inventory data to theAdopted 03

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- 10 CC Air Quality Regulations 12.9

- 2 department. The Control Officer shall only approve methods th at are demonstrated by the owner or operator to be as accurate and reliable as the applicable method in subsections (d)(1) or (2)(A).

(e) Actual quantities of emissions calculated under subsection (c) shall be determined on the basis of actual operating hours, production rates, in

- place process control equipment, operational process control data, and types of materials processed, stored, or combusted.

(f) An amendment to an annual emission inventory, containing the documentation required by subsection (c)(2), shall be submitted to the Control Officer by any source whenever it discovers or receives notice, within two (2) years of the original submittal, that incorrect or insufficient information was submitted to the Control Officer in a previous inventory submittal. If the incorrect or insufficient information resulted in an incorrect annual emissions fee, the Control Officer shall require that additional payment be made or shall apply an amount as a credit to a future annual emissions fee. The submittal of an amendme nt under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty if the original submittal of incorrect or insufficient information was due to reasonable cause and not willful neglect.

(g) Any information submitted pursuant to Section 12.9 shall contain a certification by a responsible official of truth, accuracy and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and inform ation in the document are true, accurate and complete.

History: Adopted March 16, 2010Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 1 SECTION 12:10: CONTINUOUS MONITORING REQUI REMENTS FOR STATIONARY SOURCES

12.10.1 Monitoring Requirements

The Control Officer may require any source of regulated air pollutants, to monitor, sample or perform other studies to quantify emissions or the levels of air pollution that may be reasonably attributable to such source. In the case of determining compliance with an applicable requirement for which a source is required to obtain a permit under Section 12, monitoring may i nclude continuous emission or continuous opacity monitoring.

12.10.2 Calibration, Operation, and Maintenance of Equipment

(a) Any owner or operator of a stationary source listed in 40 CFR 51, Appendix P, Sections 1.1.1 through 1.1.4 that is not subject to a 40 CFR 60 “New Source Performance Standard” shall install, calibrate, operate, and maintain all monitoring equipment necessary for cont inuously monitoring the pollutants specified in Appendix P, Sections 1.1.1 through 1.1.4, for each ap plicable source category. These st ationary sources must also meet the basic requirements of 40 CFR 51, Appendix P, Section 2.0 et seq

. (b) Any owner or operator of a stationary source subject to the requir ements of 40 CFR 75 shall comply with the applicable i nstallation, c alibration, operational, and monitoring requirements as incorporated by reference in Section 22 of the Clark County Air Quality Regul ations (AQRs).

(c) If an emission unit is subject to more than one federal performance standard pertaining to Co ntinuous Emission Monitoring System i nstallation, certification, operation or evaluation, then the permit shall specify which of the federal requirements the owner or operator must comply with, including a reference to the applicable federal statute.

12.10.3 Monit oring Locations

(a) All Continuous Emissions Monitoring Systems or monitoring devices must be installed as specified in the applicable performance specif ications of Appendix B of 40 CFR Part 60 or, if not specified, so that representative measurements of emiss ions or process parameters from the affected facility are obtained. Additional procedures for loc ation of Continuous Emissions Monitoring Systems are contained in the applicable performance specifications of Appendix B of 40 CFR Part 60.Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 2 (b) When the effluents from a single affected facility, or two (2) or more affected facilities subject to the same emission standards, are co mbined before being released to the atmosphere, and compliance with the emission standard is determined by a Continuous Emissions Monitor ing System, the owner or operator may install applicable Co ntinuous Emissions Monitoring Systems for each effluent or for the combined effluent. When the affected facilities are not subject to the same emission standards, separate Continuous Emissions Moni to ring Systems must be installed for each effluent. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner or operator shall install applicable Cont inuous Emissions Monitoring Systems on each separ ate effluent u nless the installation of fewer systems is approved by the Control O fficer.

12.10.4 Verification of Operational Status

(a) Unless otherwise approved by the Control Officer or specified in these AQRs, the requirements of Section 12.10 apply to all Cont inu ous Emissions Monitoring Systems required under applicable pr ovisions of these AQRs.

(b) All Continuous Emissions Monitoring Systems and monitoring devi ces must be installed and operational prior to conducting the applic able performance tests. Verification of operational status must, as a minimum, consist of the following:

(1) For Continuous Emissions Monitoring Systems referred to in p aragraph (a) of Section 12.10.5, completion of the conditioning period specified by applicable requirements in Appendix B of 40 CFR Part 60.

(2) For Continuous Emissions Monitoring Systems, completion of seven (7) days of operation.

(3) For monitoring devices referred to in this section, completion of the manufacturer’s written requirements or recommendations for checking the operation or cal ibration of the device.

12.10.5 Performance Evaluations

(a) During any required performance tests or within thirty (30) days th ereafter, and at such other times as may be required by the Control Officer as necessary to verify compliance, the owner or operator of
any a ffected facility shall conduct continuous evaluations of the pe rformance of monitoring systems and furnish the Control Officer within sixty (60) days thereof a copy of the written report of the results of such tests. If the reporting criteria are specifie d in a federal requir e-Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 3 ment that is applicable to the stationary source, then the owner or operator shall comply with the federal reporting requirements. These evaluations must be conducted in accordance with the specifications and procedures provided in th is section.

(b) Continuous Emissions Monitoring Systems listed in this section must be evaluated in accordance with the requirements and procedures contained in the applicable performance specification of Appendix B of 40 CFR Part 60:

(1) Opacity of emissions must comply with Performance Specific ation 1;

(2) Nitrogen oxide emissions must comply with Performance Spec ification 2;

(3) Sulfur dioxide emissions must comply with Performance Spec ification 2; and

(4) The oxygen content of carbon dioxide content of effluent gases

mus t comply with Performance Specification 3.

12.10.6 Adjustments

Owners or operators of all Continuous Emissions Monitoring Systems i nstalled in accordance with the provisions of this section shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufacturer of the systems unless the manufacturer recommends adjustments at shorter intervals, in which case the recommendations must be followed. The zero and span must, as a minimum, be adjusted whenever the 24

- hour zero d rift or 24

- hour calibration drift limits of the applicable pe rformance specifications in Appendix B of 40 CFR 60 are exceeded.

12.10.7 Minimum Procedures

Unless otherwise approved by the Control Officer, the following procedures, as applicable, must be followed:

(a) For extractive Continuous Emissions Monitoring Systems measuring gases, minimum procedures must include introducing applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero gases certified by their manufa cturer to be traceable to National Institute of Standards and Technol ogy reference gases must be used whenever these reference gases are available. The span and zero gas mixtures must be the same composition as specified in Appendix B of 40 CFR 60. Every six (6) months after the date of manufacture, span and zero gases must be reanalyzed by conducting triplicate analyses with Reference MethodsAdopted 03

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- 10 CC Air Quality Regulations 12. 10

- 4 6 for SO 2 , 7 for NO, and 3 for O 2 and CO 2 , respectively. The gases may be analyzed at less frequent interval s if longer shelf lives are guaranteed by the manufacturer.

(b) For nonextractive Continuous Emissions Monitoring Systems me asuring gases, minimum procedures include upscale checks using a certified calibration gas cell or test cell which is functionally equiv alent to a known gas concentration. The zero check may be performed by computing the zero value from upscale measurements or by m echanically producing a zero condition.

12.10.8 Measurement of Opacity

(a) For Continuous Emissions Monitoring Systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases must be cleaned before performing the zero or span drift adjustments, e xcept that for systems using automatic zero adjustments, the optical surfaces must be cleaned when the cumulative automati c zero co mpensation exceeds four (4) percent opacity.

(b) For Continuous Emissions Monitoring Systems measuring opacity of emissions, minimum procedures include a method for producing a simulated zero opacity condition and an upscale (span) opacity co ndition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. These procedures must provide a system check of the analyzer internal optical surfaces and all electronic circuitry, including the lamp an d photodetector a ssembly.

12.10.9 Frequency of Operation

Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required by Section 12.10.6, all Continuous Emissions Monitoring Systems must be in continuous operation and meet minimum frequency of operation requirements, as follows:

(a) All Continuous Emissions Monitoring Systems referred to in Section 12.10.5 for measuring opacity of emissions must complete a min imum of one cycle of operation (sampling, analyzing, and data recor di ng) for each successive 10

- second period.

(b) All Continuous Emissions Monitoring Systems referred to in Section 12.10.5 for measuring oxides of nitrogen, sulfur dioxide, carbon di oxide, or oxygen must complete a minimum of one cycle of operation (sampling, an alyzing, and data recording) for each successive 15

- minute period.Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 5 12.10.10 Recordation of Data

(a) Owners or operators of all Continuous Emissions Monitoring Sy stems for the measurement of opacity shall reduce all data to 6

- minute averages, and for systems other tha n opacity, to 1

- hour averages.

(b) For systems other than opacity, 1

- hour averages must be computed from four or more data points equally spaced over each 1

- hour p eriod.

(c) Data recorded during periods of system breakdowns, repairs, calibr ation checks, and zero a nd span adjustments must not be included in the data averages computed under this section. An arithmetic or i ntegrated average of all calibrated data must be used. The data output of all Continuous Emissions Monitoring Systems may be recorded in reduced or nonreduced form, e.g., ppm pollutant and percent O 2 or lb/million Btu of pollutant.

(d) All excess emissions must be converted into units of the standard u sing the applicable conversion procedures specified in these regul ations. After conversion into units of the standard, the data may be rounded to the same number of significant digits used in those se ctions to specify the applicable standard, e.g., rounded to the nearest one (1) percent opacity.

(e) As used in this section, “calibrated data” means data which is precise and accurate within a stated acceptance criteria for the instrument.

12.10.11 Records; Reports

(a) Any owner or operator subject to the provisions of this section shall maintain records of the occurrence and duration of any startup, shu tdown, or malfunction in the operation of an affected facility and any malfunction of the air pollution control equipment or any periods du ring which a Continuous Emissions Monitoring System or monitoring device is inoperative.

(b) Each owner or operator required to install a Continuo us Emissions Monitoring System shall submit a written report of excess emissions to the Control Officer every six (6) months. All reports must be pos tmarked by the 30th day following the end of each six

- month period and must include the following informati on:

(1) The magnitude of excess emissions computed in accordance with this section, any conversion factors used, and the date and time of commencement and completion of each time period of excess emissions;Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 6 (2) Specific identification of each period of excess emi ssions that occurs during startups, shutdowns and malfunctions of the a ffected facility;

(3) The nature and cause of any malfunction, if known, and the co rrective action taken or preventative measures adopted;

(4) Specific identification of each period during wh ich the Cont inuous Emissions Monitoring System was inoperative, except for zero and span checks, and the nature of any repairs or adjus tments that were made; and

(5) Specific identification of each period when no excess emissions have occurred and the Continu ous Emissions Monitoring Sy stem has not been inoperative, repaired, or adjusted.

(c) In addition to the reporting requirements of this section, an owner or operator shall also comply with the reporting requirements of Section 25.6 for an occurrence of emission s in excess of an applicable r equirement or the emission limits prescribed by the permit.

(d) Any owner or operator subject to the provisions of this section shall maintain a file of all measurements, including:

(1) Continuous Emissions Monitoring Systems, monito ring devices and performance testing measurements;

(2) All Continuous Emissions Monitoring System performance eva luations;

(3) All Continuous Emissions Monitoring Systems or monitoring d evice calibration checks;

(4) Adjustments and maintenance performed on these systems or devices; and

(5) All other information required by this section, recorded in a pe rmanent form suitable for inspection.

The file must be retained for at least five (5) years following the date of the measurements, maintenance, reports and records.

12.10.12 A lternative Monitoring Procedures or Requirements

(a) Upon written application by an owner or operator, the Control Officer may approve alternatives to any monitoring procedures or requir ements of this section, including, but not limited to, the following:Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 7 (1) Alte rnative monitoring requirements when installation of a Co ntinuous Emissions Monitoring System or monitoring device sp ecified by those sections would not provide accurate measur ements due to liquid water or other interferences caused by substances with the effluent gases, except when the monitoring device requirement is specified in 40 CFR 60, 61, and 63;

(2) Alternative monitoring requirements when the affected facility is infrequently operated;

(3) Alternative monitoring requirements to accommodate Cont inuous Emis sions Monitoring Systems that require additional measurements to correct for stack moisture conditions;

(4) Alternative locations for installing Continuous Emissions Mon itoring Systems or monitoring devices when the owner or oper ator can demonstrate that insta llation at alternate locations will enable accurate and representative measurements;

(5) Alternative methods of converting regulated air pollutant co ncentration measurements to units of the standards;

(6) Alternative procedures for performing daily checks of zero and span drift that do not involve use of span gases or test cells;

(7) Alternatives to the test methods of the American Society for Testing and Materials or sampling procedures specified by any provision of this section;

(8) Alternative Continuous Emissions Moni toring Systems that do not meet the design or performance requirements in Perfo rmance Specification 1, Appendix B of 40 CFR 60, but adequat ely demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a sy stem complying with the requirements in Performance Specific ation 1. The Control Officer may require that such demonstration be performed for each affected facility; or

(9) Alternative monitoring requirements when the effluent from a single affected facili ty or the combined effluent from two or more affected facilities are released to the atmosphere through more than one point.

(b) Notwithstanding the provisions of paragraph (a) of this section, the Control Officer shall not approve an alternative method or equ ivalent method to determine compliance with a standard or emission limit ation contained in 40 CFR 60, 61, or 63 for:Adopted 03

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- 10 CC Air Quality Regulations 12. 10

- 8 (1) An emissions unit that is subject to a testing requirement pu rsuant to 40 CFR 60, 61, or 63; or

(2) An affected source.

History: Adopted Mar ch 16, 2010Adopted 11

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- 09 CC Air Quality Regulations 12.11

- i SECTION 12.11: GENERAL PERMITS FOR MINOR STATIONARY SOURCES

12.11 General Permits for Minor Stationary Sources

................................ ................ 1 12.11.1 Applicability

................................ ................................ ................................ ..... 1 12.11.2 General Permit Development

................................ ................................ .......... 1 12.11.3 Application for Authority to Operate Under a General Permit

.......................... 2 12.11.4 General Permit Issuance or Revision Procedures

................................ ........... 3 12.11.5 General Permit Renewal

................................ ................................ ................. 4 12.11.6 Relationship to Individual Minor Source Permits

................................ ............. 5 12.11.7 Termination of General Permits and Revocation of Authority to Operate under a General Permit

................................ ................................ ............................. 5 12.11.8 Fees Related to General Permits

................................ ................................ .... 6Adopted 11

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- 1 12.11 General Permits for Minor Stationary Sources

12.11.1 Applicability

(a) The Control Officer may issue general permits for a source class that contains ten (10) or more minor sources, as defined in Section 12.1.1(c). For the purpose of Section 12.11, a source class is defined as minor sources that are similar in nature, have substantially similar emissions, and wo uld be subject to the same or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping. “Similar in nature” refers to source size, processes, operating conditions, and the nature and quantity of emissions.

(b) The Control Officer may issue general permits, in accordance with paragraph (a), with emission limitations, controls, or other requirements that meet the requirements of Section 12.1.4. A source that seeks to vary from such a general permit and obtain an emission limitation, control, or other requirement not contained in that general permit shall apply for an individual permit pursuant to Section 12.1.3.

(c) General permits shall not be issued for sources regulated pursuant to Title IV of the Act, except as pr ovided in regulations promulgated by the Administrator under Title IV of the Act.

12.11.2 General Permit Development

(a) The Control Officer may issue a general permit on the Control Officer’s own initiative or in response to a petition.

(b) Any person may submit a petiti on to the Control Officer requesting the issuance of a general permit for a defined source class. The petition shall propose a particular source class and list the approximate number of sources in the proposed class, along with their size, processes, and o perating conditions, and demonstrate how the class meets the criteria for a general permit as specified in Section 12.11.1. The Control Officer shall provide a written response to the petition within one hundred twenty (120) days of receipt.

(c) General permit s shall be issued or revoked for source classes pursuant to the procedures in Section 12.11.4 or 12.11.7.

(d) General permits shall include all of the following:

(1) The relevant elements contained in Section 12.1.3.6; andAdopted 11

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- 09 CC Air Quality Regulations 12.11

- 2 (2) The process for qualifying individual sou rces to apply for coverage under the general permit by submitting the application prescribed by Section 12.11.3.

(3) A permit term not to exceed 5 years from the date of issuance.

12.11.3 Application for Authority to Operate Under a General Permit

(a) Once the Control Off icer has issued a general permit, any source which is a member of the source class covered by the general permit may apply to the Control Officer for authority to construct and operate under the general permit. At the time the Control Officer issues a
gene ral permit, the Control Officer may also establish a specific application form with filing instructions for sources in the category covered by the general permit. Applicants shall complete the specific application form or, if none has been adopted, a stand ard application form to be promulgated by the department. The specific application form shall, at a minimum, require the applicant to submit the following information:

(1) Information identifying and describing the source, its processes, and its operating cond itions in sufficient detail to allow the Control Officer to determine qualification for, and assure compliance with, the general permit; and

(2) A compliance schedule that meets the requirements of Section 12.1.4.1(m)(4), if required.

(b) The Control Officer shall act on the application for authority to operate under the general permit as expeditiously as possible, but a final decision shall be reached within one hundred eighty (180) days of receipt of the application. The source shall operate under the terms of th e general permit for which it has applied during that time.

(1) If the application for authority to operate under the general permit is denied, the Control Officer shall notify the source that it shall apply for an individual minor source permit within sixty (60) days of receipt of notice.

(2) If the application is approved, the Control Officer shall issue an authority to operate under a general permit to the source and post the issuance decision on the department web site.

(3) If the Control Officer defers acting on an application under this section and the Control Officer has provided notice of intent to renew or not renew the permit, the source may operate under the terms of its application until a decision is made by the Control Officer.Adopted 11

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- 09 CC Air Quality Regulations 12.11

- 3 12.11.4 General Permit Issuance or Revision Procedures

(a) This section applies to the issuance, renewal, or revision of a general permit.

(b) The Control Officer shall provide notice of a proposed new general permit, for any revision of an existing general permit, or for renewal of an existing gen eral permit in a newspaper of general circulation within Clark County, Nevada, and the department web site. The notice shall describe the following:

(1) The proposed permit, including an emission limitation, work practice standard, or other means of limiting e missions that is RACT for the affected category of source;

(2) The category of sources that would be affected;

(3) The air contaminants the Control Officer expects to be emitted by a typical source in the class and from the class as a whole;

(4) The proposed effective date for issuance of the general permit;

(5) The locations where documents relevant to the proposed permit will be available during normal business hours;

(6) The name, address, and telephone number of a person within the department who may be contacted for furth er information;

(7) The address where any person may submit comments or request a public hearing, and the date and time by which comments or a public hearing request are required to be received; and

(8) The process by which sources may obtain authorization to
oper ate under the general permit.

(c) Public Comment. The Control Officer shall provide a period of not less than 30 days from the date of the notice of a proposed new, revised, or renewed general permit for written comments to be submitted. Such comment period m ay be concurrent with the notice period specified in subsection (b).

(d) Written comments shall include the name of the person commenting and the person’s agent or attorney, if any, and shall clearly set forth reasons why the general permit should or should not be issued pursuant to the criteria for issuance in Section 12.11.2. The Control Officer shall consider all written and oral comments, and any otherAdopted 11

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- 09 CC Air Quality Regulations 12.11

- 4 documents on the administrative record, prior to taking final action on the general permit.

(e) Public Heari ngs. During the public comment period specified in paragraph (c) above, any person may petition the Control Officer, in writing, for a public hearing. All such petitions shall contain the petitioner’s name, address, daytime telephone number, and reason for requesting a hearing.

(f) If a proper petition is filed, and the Control Officer determines that there is a significant degree of public interest, the Control Officer shall hold a public hearing no sooner than thirty (30) days after the date of the notice of a proposed new, revised or renewed general permit, but no later than seventy (70) days after the date of the notice of a proposed new, revised, or renewed general permit. In determining if a significant degree of public interest exists, the Control Office r shall consider all relevant factors, including, but not limited to, the number of petitioners, the nature of their concerns as stated in their petitions, the type and quantity of pollutants emitted from sources covered by the proposed general permit, and the proximity of such sources to sensitive areas like parks, schools, hospitals or residential areas.

(g) The petitioner shall receive no less than seven (7) days prior written notice of the date and location of the public hearing, and the Control Officer sh all provide at least seven (7) days notice to the public by posting the notice of public hearing on the DAQEM website. If the petition for hearing is denied, the Control Officer shall notify the petitioner within 30 days of receipt of the petition and shal l notify the public by posting on the DAQEM website within the same 30

- day period.

(h) At the time a general permit is issued, the Control Officer shall make available a response to all relevant comments on the proposed general permit raised during the public comment period and during any public hearing. The response shall specify which provisions, if any, of the proposed permit have been changed and the reason for the changes. The Control Officer shall notify, in writing, any petitioner and each person who has submitted written comments on the proposed general permit or requested notice of the final permit decision.

12.11.5 General Permit Renewal

The Control Officer shall review and may renew general permits every five years. A source's authorization to operate under a general permit shall coincide with the term of the general permit, regardless of when theAdopted 11

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- 09 CC Air Quality Regulations 12.11

- 5 authorization began during the five

- year period. In addition to the public notice required to issue a proposed permit under Section 12.11.4, the Control Officer shal l notify in writing all sources who have been granted, or who have applications pending for, authorization to operate under the general permit. The written notice shall describe the source's duty to reapply and may include requests for information required under the proposed general permit.

12.11.6 Relationship to Individual Minor Source Permits

Any source covered under a general permit may request to be excluded from coverage by applying for an individual minor source permit. A source’s authority to operate under the general permit shall terminate on the date the individual minor source permit is issued.

12.11.7 Termination of General Permits and Revocation of Authority to Operate under a General Permit

(a) The Control Officer may terminate a general permit at any time if:

(1) The Control Officer has determined that the emissions from the sources in the source class cause or contribute to ambient air quality standard violations which are not adequately addressed by the requirements in the general permit; or

(2) The Control Officer h as determined that the sources subject to the general permit no longer meet the requirements of Section 12.11.1.

(b) If a general permit is terminated, the Control Officer shall provide written notice prior to termination to all sources operating under the
per mit. Such notice shall include an explanation of the basis for the termination. Within sixty (60) days of receipt of the notice of the termination of any general permit, sources notified shall submit an application to the Control Officer for an individual minor source permit. Upon submittal of a complete application, the source may continue to operate under the terms and conditions of its general permit until an individual minor source permit is issued by the Control Officer.

(c) The Control Officer may revoke the authorization to operate under a general permit pursuant to this section and require a source authorized to operate under a general permit to apply for and obtain an individual minor source permit at any time if the source is not in compliance with th e terms and conditions of the general permit.Adopted 11

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- 09 CC Air Quality Regulations 12.11

- 6 (d) If the Control Officer revokes a source’s authority to operate under a general permit pursuant to paragraph (c) above, the Control Officer shall notify the permittee by certified mail. The notice shall include a statement detailing the grounds for the revocation of authority to operate under the general permit. The source shall not operate until the source submits a complete application for an individual minor source permit.

12.11.8 Fees Related to General Permits

(a) Perm it Processing Fee. The owner or operator of a source that applies for authority to operate under a general permit shall pay to the Control Officer the fee required by Section 18 with the submittal of the application.

(b) Administrative or Inspection Fee. The o wner or operator of a source with authority to operate under a general permit shall pay, for each calendar year, any other applicable fee(s) pursuant to Section 18.

History: Adopted November 3, 2009Adopted 03

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- 10 CC Air Quality Regulations 12. 12

- 1 SECTION 12.12 : TRANSFER OF PERMIT

12.12.1 Applicability

This section applies to any source or emission unit for which a permit has been issued pursuant to Section 12.1, 12.2, 12.3, 12.4, 12.5 or 12.11.

12.12.2 Requirements

(a) Except as provided for in this section, an Authority to Construct or any permit issued pursuant to the sections listed in 12.12.1 shall not be transferable, whether by operation of law or otherwise, from one owner or operator to another.

(b) Any application to transfer a permit from t he permit holder to another person or owner shall be accompanied by the applicable fee(s) as specified in Section 18.

(c) An application for the transfer of ownership shall constitute a temporary Authority to Construct, Part 70 Operating Permit or Permit to O perate, as applicable, under the conditions of the existing permit.

(d) The owner or operator who holds the permit shall file an application for a transfer of ownership at least 30 days prior to the date of the transfer of ownership.

(e) The Control Officer shall approve an application for the transfer of a permit if all of the following requirements are met:

(1) The emission unit subject to the permit is in compliance with all applicable orders, AQRs and applicable federal requirements.

(2) Submittal of a written agreem ent or other written proof of transfer of ownership that is deemed sufficient by the Control Officer and which specifies the date of ownership transfer;

(3) The permit has been reviewed by the department to determine that the permit conditions are adequate to ensure compliance with, and enforceability of, applicable requirements to the emission unit for which the permit was issued;

(4) Where (e) (3) has not been met, the Control Officer shall require that the permit be revised to specify the permit conditions

neces sary in accordance with all applicable requirements;Adopted 03

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- 10 CC Air Quality Regulations 12. 12

- 2 (5) All fees and assessed penalties associated with the permit have been paid.

History : Adopted March 16, 2010Adopted 03

- 16

- 10 12

. 13

- 1 CC Air Quality Regulations SECTION 12:13: POSTING OF PERMIT

(a) Any person who has been issued an individual or general permit under this Section 12 shall post such permit provided by the department in a location which is clearly visible and accessible to the employees of the stationary source and representatives of the Control Officer.

(b) A copy of the complete permit shall be kept at the permitted source.

History: Adopted March 16, 2010Amended 05

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- 10 CC Air Quality Regulations 13

- i SECTION 13: NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

13.1 40 CFR 61 Incorporated by Reference

................................ ........................... 1 13.2 40 CFR 63 Incorporated by Reference

................................ ........................... 2Amended 05

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- 10 CC Air Quality Regulations 13

- 1 13.1 40 CFR 61 Incorporated by Reference

The following subparts of 40 CFR Part 61, “National Emission Standards for Hazardous Air Pollutants (NESHAPs),” and all accompanying appendices adopted as of July 1, 2009, and no future editions or amendments, are incorporated by reference as applicable requirements. These standards are on file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than a NESHAPs requirement, the more stringent requirement shall apply.

(b) For purposes of Section 13, the word “Administrator” as used in 40 CFR Part 61 shall mean the Control Officer, except that the Control Officer shall not be autho rized to approve alternate test methods or alternate opacity limits, or administer any authorities under 40 CFR Part 61 not delega ted by EPA.

(1) Subpart A

- General Provisions.

(2) Subpart C

- National Emission Standard for Beryllium.

(3) Subpart D

- National Emissio n Standard for Beryllium Rocket Motor Firing.

(4) Subpart E

- National Emission Standard for Mercury.

(5) Subpart F

- National Emission Standard for Vinyl Chloride.

(6) Subpart J

- National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene.

(7) Subpart L

- National Emission Standard for Benzene Emissions from Coke By

- Product Recovery Plants.

(8) Subpart M

- National Emission Standard for Asbestos.

(9) Subpart N

- National Emission Standard for Inorganic Arsenic Emissions from Glass Manufacturing Plants.

(10) Subpart O

- National Emission Standard for Inorganic Arsenic Emissions from Primary Copper Smelters.

(11) Subpart P

- National Emission Standard for Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production Facilities.

(12) Subpart V

- Nation al Emission Standard for Equipment Leaks (Fugitive Emission Sources).Amended 05

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- 10 CC Air Quality Regulations 13

- 2 (13) Subpart Y

- National Emission Standard for Benzene Emissions from Benzene Storage Vessels.

(14) Subpart BB

- National Emission Standard for Benzene Emissions from Benzene Transfer Operations.

(15) Subpart FF

- National Emission Standard for Benzene Waste Operations.

13.2 40 CFR 63 Incorporated by Reference

The following subparts of 40 CFR Part 63, “NESHAPs for Source Categories,” and all accompanying appendices adopted as of July 1, 2009, and no future editions or amendments, are incorporated by reference. These standards are on file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than a NESHAPs requirement, the more stringent requirement shall apply.

(b) For purposes of Section 13, the word "Administrator" as used in 40 CFR Part 63 shall mean the Control Officer, except that the Control Officer shall not be authorized to approve alternate test methods or alternate opacit y limits, or administer any authorities under 40 CFR Part 63 not delega ted by EPA.

(1) Subpart A

- General Provisions.

(2) Subpart B

- Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, Sections 112(g) and 112(j).

(3) Subpart C

– List of Hazardous Air Pollutants, Petition Process, Lesser Quantity Designations, Source Category List.

(4) Subpart D

- Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants.

(5) Subpart F

- National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry.

(6) Subpart G

- National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

(7) Subpart H

- National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.Amended 05

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- 10 CC Air Quality Regulations 13

- 3 (8) Subpart I

- National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulations for Equipment Leaks.

(9) Subpart J

- National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production.

(10) Subpart L

- National Emission Standards for Coke Oven Batteries.

(11) Sub part M

- National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

(12) Subpart N

- National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

(13) Subpart O

- Ethylene Oxide Emissions Standards for Sterilization Facilities.

(14) Subpart Q

- National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling. Towers.

(15) Subpart R

- National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Term inals and Pipeline Breakout Stations).

(16) Subpart S

- National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.

(17) Subpart T

- National Emission Standards for Halogenated Solvent Cleaning.

(18) Subpart U

- National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins.

(19) Subpart W

- National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non

- Nylon Polyamides Production.

(20) Subpart X

- National Emission Standards for Hazardous Air Pollutants from Secondary Lead Smelting.

(21) Subpart AA

- National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants.

(22) Subpart BB

- National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers P roduction Plants.Amended 05

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- 10 CC Air Quality Regulations 13

- 4 (23) Subpart CC

- National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries.

(24) Subpart DD

- National Emission Standards for Hazardous Air Pollutants from Off

- Site Waste and Recovery Operations.

(25) Subpart EE

- National Emis sion Standards for Magnetic Tape Manufacturing Operations.

(26) Subpart GG

- National Emission Standards for Aerospace Manufacturing and Rework Facilities.

(27) Subpart HH

- National Emission Standards for Hazardous Air Pollutants from Oil and Natural Gas Production Facilities.

(28) Subpart II

- National Emission Standards for Shipbuilding and Ship Repair (Surface Coating).

(29) Subpart JJ

- National Emission Standards for Wood Furniture Manufacturing Operations.

(30) Subpart KK

- National Emission Standards for Printing and Publishing Industry.

(31) Subpart LL

- National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants.

(32) Subpart MM

- National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Source at Kraft, Soda, Sulfite and Stand

- alone Semichemical Pulp Mills.

(33) Subpart OO

- National Emission Standards for Tanks

- Level 1.

(34) Subpart PP

- National Emission Standards for Containers.

(35) Subpart QQ

- National Emission Standards for Surface Impoundments.

(36) Subpart RR

- Nationa l Emission Standards for Individual Drain Systems.

(37) Subpart SS

- National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.

(38) Subpart TT

- National Emission Standards for Equipment Lea ks

-- Control Level 1.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 5 (39) Subpart UU

- National Emission Standards for Equipment Leaks

-- Control Level 2 Standards.

(40) Subpart VV

- National Emission Standards for Oil

- Water Separators and Organic

- Water Separators.

(41) Subpart WW

- National Emission Standards for Sto rage Vessels (Tanks)

-- Control Level 2.

(42) Subpart XX

- National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.

(43) Subpart YY

- National Emission Standards for Hazardous Air Pollutants for Source Categorie s: Generic Maximum Achievable Control Technology Standards.

(44) Subpart CCC

- National Emission Standards for Hazardous Air Pollutants for Steel Pickling

-- HCL Process Facilities and Hydrochloric Acid Regeneration Plants.

(45) Subpart DDD

- National Emission Standar ds for Hazardous Air Pollutants for Mineral Wool Production.

(46) Subpart EEE

- National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors.

(47) Subpart GGG

- National Emission Standards for Pharmaceuticals Production.

(48) Subpart HHH

- Nat ional Emission Standards for Hazardous Air Pollutants from Natural Gas Transmission and Storage Facilities.

(49) Subpart III

- National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production.

(50) Subpart JJJ

- National Emission St andards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins.

(51) Subpart LLL

- National Emission Standards for Hazardous Air Pollutants from the Portland Cement Manufacturing Industry.

(52) Subpart MMM

- National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

(53) Subpart NNN

- National Emission Standards for Hazardous Air Pollutants for Wool Fiber Glass Manufacturing.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 6 (54) Subpart OOO

- National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins.

(55) Subpart PPP

- National Emission Standards for Hazardous Air Pollutants for Polyether Polyols Production.

(56) Subpart QQQ

- National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting.

(57) Subpart RRR

- National Emissions Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

(58) Subpart TTT

-- National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.

(59) Subpart UUU

- National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units.

(60) Subpart VVV

- National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

(61) Subpart XXX

- National Emission Standards for Haz ardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese.

(62) Subpart AAAA

- National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills.

(63) Subpart CCCC

- National Emission Standards for Hazardous Air Pol lutants: Manufacturing of Nutritional Yeast.

(64) Subpart DDDD

- National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products.

(65) Subpart EEEE

- National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non

- Gasoline).

(66) Subpart FFFF

- National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing.

(67) Subpart GGGG

- National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production

. (68) Subpart HHHH

- National Emission Standards for Hazardous Air Pollutants for Wet

- formed Fiberglass Mat Production.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 7 (69) Subpart IIII

- National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light

- duty Trucks.

(70) Subpart JJJJ

- National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating.

(71) Subpart KKKK

- National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans.

(72) Subpart MMMM

- National Emission Standards for Hazardous Air Po llutants for Surface Coating of Miscellaneous Metal Parts and Products.

(73) Subpart NNNN

- National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances.

(74) Subpart OOOO

- National Emission Standards for Hazardous Air Pollutants: P rinting, Coating, and Dyeing of Fabrics and Other Textiles.

(75) Subpart PPPP

- National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products.

(76) Subpart QQQQ

- National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products.

(77) Subpart RRRR

- National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture.

(78) Subpart SSSS

- National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil.

(79) Subpart TTTT

- National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations.

(80) Subpart UUUU

- National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing.

(81) Subpart VVVV

- National Emission Standar ds for Hazardous Air Pollutants for Boat Manufacturing.

(82) Subpart WWWW

- National Emission Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production.

(83) Subpart XXXX

- National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 8 (84) Subpart YYYY

- National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines.

(85) Subpart ZZZZ

- National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.

(86) Subpart AAAAA

- National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants.

(87) Subpart BBBBB

- National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing.

(88) Subpart CCCCC

- National Emission Standards fo r Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks.

(89) Subpart DDDDD

- National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters.

(90) Subpart EEEEE

- National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries.

(91) Subpart FFFFF

- National Emission Standards for Hazardous Air Pollutants for Integrated Iron and Steel Manufacturing Facilities.

(92) Subpart GGGGG

- National Emission Standards for H azardous Air Pollutants: Site Remediation.

(93) Subpart HHHHH

- National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing.

(94) Subpart IIIII

- National Emission Standards for Hazardous Air Pollutants: Mercury Emissions from Mercu ry Cell Chlor

- Alkali Plants.

(95) Subpart JJJJJ

- National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing.

(96) Subpart KKKKK

- National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufactu ring.

(97) Subpart LLLLL

- National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing.

(98) Subpart MMMMM

- National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operation s.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 9 (99) Subpart NNNNN

- National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production.

(100) Subpart PPPPP

- National Emission Standards for Hazardous Air Pollutants for Engine Test Cells/Stands.

(101) Subpart QQQQQ

- National Emission Standards fo r Hazardous Air Pollutants for Friction Materials Manufacturing Facilities.

(102) Subpart RRRRR

- National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing.

(103) Subpart SSSSS

- National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing.

(104) Subpart TTTTT

- National Emission Standards for Hazardous Air Pollutants for Primary Magnesium Refining.

(105) Subpart WWWWW

– National Emission Standards for Hospital Ethylene Oxide Sterilizers.

(106) Subpart YYYYY

– National Emiss ion Standards for Hazardous Air Pollutants for Areas Sources: Electric Arc Furnace Steelmaking Facilities.

(107) Subpart ZZZZZ

– National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources.

(108) Subpart BBBBBB

– National Emissio n Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities.

(109) Subpart CCCCCC

– National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Fac ilities.

(110) Subpart DDDDDD

– National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources.

(111) Subpart EEEEEE

– National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sou rces.

(112) Subpart FFFFFF

– National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources.

(113) Subpart GGGGGG

– National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources

– Zinc, Cadmium, and Beryllium.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 10 (114) Subpart HHHHHH

– National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.

(115) Subpart LLLLLL

– National Emission Standards for Hazardous Air Pollutants for A crylic and Modacrylic Fibers Production Area Sources.

(116) Subpart MMMMMM

– National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources.

(117) Subpart NNNNNN

– National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds.

(118) Subpart OOOOOO

– National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources.

(119) Subpart PPPPPP

– National Emission Standards for Hazardous Ai r Pollutants for Lead Acid Battery Manufacturing Area Sources.

(120) Subpart QQQQQQ

– National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources.

(121) Subpart RRRRRR

– National Emission Standards for Hazardous Air Pollutants for Clay Ce ramics Manufacturing Area Sources.

(122) Subpart SSSSSS

– National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources.

(123) Subpart TTTTTT

– National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Pro cessing Area Sources.

(124) Subpart WWWWWW

– National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.

(125) Subpart XXXXXX

– National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.

(126) Subpart YYYYYY

– National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities.Amended 05

- 18

- 10 CC Air Quality Regulations 13

- 11 (127) Subpart ZZZZZZ

– National Emission Standards for Hazardous Air Pollutant s: Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries.

History: Amended: September 3, 1981; May 15, 1985; April 23, 1987; February 20, 2001; June 3, 2003; July 1, 2004; May 18, 2010

.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- i SECTION 14: NEW SOURCE PERFORMANCE STANDARDS

14.1 40 CFR Part 60 Incorporated by Reference

................................ ......................... 1Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 1 14.1 40 CFR Part 60 Incorporated by Reference

The following subparts of 40 CFR Part 60, “Standards of Performance for New Stationary Sources (NSPS),” and all accompanying appendices adopted as of July 1, 2009, and no future editions or amendments, are incorporated by reference. These standards are on file with the department and shall be applied by the Control Officer.

(a) In the event that an AQR contains a requirement that is more stringent than a NSPS requirement, the more stringent requirement shall apply.

(b) For the pur pose of Section 14, the word "Administrator" as used in 40 CFR Part 60 shall mean the Control Officer, except that the Control Officer shall not be authorized to approve alternate test methods or alternate opacity limits, or administer any authorities unde r 40 CFR Part 60 not delegated by EPA.

(1) Subpart A

– General Provisions.

(2) Subpart C

– Emission Guidelines and Compliance Times.

(3) Subpart Ca

– Emission Guidelines and Compliance Times for Municipal Waste Combustors.

(4) Subpart Cb

– Emission Guidelines and Complian ce Times for Large Municipal Waste Combustors That are Constructed on or Before September 20, 1994.

(5) Subpart Cc

– Emissions Guidelines and Compliance Times for Municipal Solid Waste Landfills.

(6) Subpart Cd

– Emissions Guidelines and Compliance Times for Sulfu ric Acid Production Units.

(7) Subpart Ce

– Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators.

(8) Subpart D

– Standards of Performance for Fossil

- Fuel

- Fired Steam Generators for Which Construction Is Commenced After Augus t 17, 1971.

(9) Subpart Da

– Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978.

(10) Subpart Db

– Standards of Performance for Industrial

- Commercial

- Institutional Steam Generating U nits.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 2 (11) Subpart Dc

– Standards of Performance for Small Industrial

- Commercial

- Institutional Steam Generating Units.

(12) Subpart E

– Standards of Performance for Incinerators.

(13) Subpart Ea

– Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced after December 20, 1989 and on or Before September 20, 1994.

(14) Subpart Eb

– Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reco nstruction is Commenced After June 19, 1996.

(15) Subpart Ec

– Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996.

(16) Subpart F

– Standards of Performance for Portland Cement Plants.

(17) Subpart G

– Standards of Performance for Nitric Acid Plants.

(18) Subpart H

– Standards of Performance for Sulfuric Acid Plants.

(19) Subpart I

– Standards of Performance for Hot Mix Asphalt Facilities.

(20) Subpart J

– Standards of Performance for Petroleum Refineries.

(21) Subpart K

– Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978.

(22) Subpart Ka

– Standards of Performance for Storage Vessels for P etroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984.

(23) Subpart Kb

– Standards of Performance for Storage Vessels for Petroleum Liquids.

(24) Subpart L

– Standards of Performance for Sec ondary Lead Smelters.

(25) Subpart M

– Standards of Performance for Secondary Brass and Bronze Production Plants.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 3 (26) Subpart N

– Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 19 73.

(27) Subpart Na

– Standards of Performance for Secondary Emissions from basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983.

(28) Subpart O

– Standards of Performance for Sewage Treatment Plants.

(29) Subpart P

– Sta ndards of Performance for Primary Copper Smelters.

(30) Subpart Q

– Standards of Performance for Primary Zinc Smelters.

(31) Subpart R

– Standards of Performance for Primary Lead Smelters.

(32) Subpart S

– Standards of Performance for Primary Aluminum Reduction Plants.

(33) S ubpart T

– Standards of Performance for the Phosphate Fertilizer Industry: Wet

- Process Phosphoric Acid Plants.

(34) Subpart U

– Standards of Performance for the Phosphate Fertilizer Industry: Superphosphoric Acid Plants.

(35) Subpart V

– Standards of Performance for the Phosphate Fertilizer Industry: Diammonium Phosphate Plants.

(36) Subpart W

– Standards of Performance for the Phosphate Fertilizer Industry: Triple Superphosphate Plants.

(37) Subpart X

– Standards of Performance for the Phosphate Fertilizer Industry: Granular Triple Phosphate Storage Facilities.

(38) Subpart Y

– Standards of Performance for Coal Preparation Plants.

(39) Subpart Z

– Standards of Performance for Ferroalloy Production Facilities.

(40) Subpart AA

– Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 4 (41) Subpart AAa

– Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon

- Oxygen Decarburization Vessels Constructed After August 7, 1983.

(42) Subpart BB

– Standards of Performance for Kraft Pulp Mills.

(43) Subpart CC

– Standards of Performance for Glass Manufacturing Plants.

(44) Subpart DD

– Standards of Performance for Grain Elevators.

(45) Subpart EE

– Standards of Performance for Surface Coating of Metal Furniture.

(46) Subpart GG

– St andards of Performance for Stationary G AS Turbines.

(47) Subpart HH

– Standards of Performance for Lime Manufacturing Plants.

(48) Subpart KK

– Standards of Performance for Lead

- Acid Battery Manufacturing Plants.

(49) Subpart LL

– Standards of Performance for Metallic Mi neral Processing Plants.

(50) Subpart MM

– Standards of Performance for Automobile and Light

- Duty Truck Surface Coating.

(51) Subpart NN

– Standards of Performance for Phosphate Rock Plants.

(52) Subpart PP

– Standards of Performance for Ammonium Sulfate Manufacture.

(53) Sub part QQ

– Standards of Performance for Graphic Arts Industry: Publication Rotogravure Printing.

(54) Subpart RR

– Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations.

(55) Subpart SS

– Standards of Performance for Industrial Sur face Coating: Large Appliances.

(56) Subpart TT

– Standards of Performance for Metal Coil Surface Coating.

(57) Subpart UU

– Standards of Performance for Asphalt Processing and Asphalt Roofing.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 5 (58) Subpart VV

– Standards of Performance for Equipment Leaks of Volatile O rganic Compounds in the Synthetic Organic Chemicals Manufacturing Industry Except Sections 60.482

- 1(c)(2) and 60.484.

(59) Subpart VVa

– Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Cons truction, Reconstruction, or Modification commenced After November 7, 2006.

(60) Subpart WW

– Standards of Performance for the Beverage Can Surface Coating Industry.

(61) Subpart XX

– Standards of Performance for Bulk Gasoline Terminals.

(62) Subpart AAA

– Standards of P erformance for New Residential Wood Heaters.

(63) Subpart BBB

– Standards of Performance for the Rubber Tire Manufacturing Industry.

(64) Subpart DDD

– Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.

(65) Su bpart FFF

– Standards of Performance for Flexible Vinyl and Urethane Coating and Printing.

(66) Subpart GGG

– Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After Jan uary 4, 1983, and on or Before November 7, 2006.

(67) Subpart GGGa

– Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006.

(68) Subpart HHH

– Standards of Performance for Synthetic Fiber Production Facilities.

(69) Subpart III

– Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 6 (70) Subpart JJJ

– Standards of Performance for Petroleum Dry Cleaners.

(71) Subpart KKK

– Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants.

(72) Subpart LLL

– Standards of Performance for Onshore Natural Gas Processing: SO 2 Emissions

. (73) Sub part NNN

– Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.

(74) Subpart OOO

– Standards of Performance for Nonmetallic Mineral Processing Plants.

(75) Subp art PPP

– Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants.

(76) Subpart QQQ

– Standards of Performance for VOC Emissions from Petroleum Refinery Wastewater Systems.

(77) Subpart RRR

– Standards of Performance for Volatile Organic Compoun d Emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.

(78) Subpart SSS

– Standards of Performance for Magnetic Tape Coating Facilities.

(79) Subpart TTT

– Standards of Performance for Industrial Surface Coating: Surface Coati ng of Plastic Parts for Business Machines.

(80) Subpart UUU

– Standards of Performance for Calciners and Dryers in Mineral Industries.

(81) Subpart VVV

– Standards of Performance for Polymeric Coating of Supporting Substrates Facilities.

(82) Subpart WWW

– Standards of P erformance for Municipal Solid Waste Landfills.

(83) Subpart AAAA

– Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction is Commenced After June 6, 2001.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 7 (84) Subpart BBBB

– Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed On or Before August 30, 1999.

(85) Subpart CCCC

– Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction is Commenced After November 30, 1999 or for Which Modification or Reconstruction is Commenced on or After June 1, 2001.

(86) Subpart DDDD

– Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction On or Before November 30, 1999.

(87) Subpart EEEE

– Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenc ed on or After June 16, 2006.

(88) Subpart FFFF

– Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004.

(89) Subpart HHHH

– Emissions Guidelines and Compliance Times for Coal

- Fire d Electric Steam Generating Units.

(90) Subpart IIII

– Standards of Performance for Stationary Compression Ignition Internal Combustion Engines.

(91) Subpart JJJJ

– Standards of Performance for Stationary Spark Ignition Internal Combustion Engines.

(92) Subpart KKKK

– Standards of Performance for Stationary Combustion Turbines.

(93) Appendix A

– Reference Methods (Testing Procedures).

(94) Appendix B

– Performance Specifications (Continuous Monitoring).

(95) Appendix C

– Determination of E mission Rate Change.

(96) Appendix D

– Required E mi ssion Inventory Information.

(97) Appendix F

– Quality Assurance Procedures.

(98) Appendix I

– Removal Label and Owner’s Manual.Amended 05

- 18

- 10 CC Air Quality Regulations 14

- 8 History: Amended: September 3, 1981; October 21, 1983; September 21, 1984; May 1 5, 1985; April 23, 1987; January 25, 1990; May 27, 1993; November 18, 1993; January 23, 1997; August 26, 1999; February 20, 2001; June 3, 2003; July 1, 2004; May 18, 2010.Amended 02/10/12 CC Air Quality Regulations 18-1 SECTION 18: PERMIT AND TECHNICAL SERVICE FEES

18.0 Definiti ons ....................................................................................................... 2 18.1 Operating Permit I ssuance F ees: .................................................................... 2 18.2 Annual Emissions Unit and Annua l Permit Renewal Fees: ............................. 3 18.3 Dust Control Pe rmit Fee: ................................................................................. 5 18.4 NSR [New Source Review and/or PSD] Application Review Fee: ................... 6 18.5 Part 70 Application Review F ee: ..................................................................... 7 18.6 Annual Emission Inventor y and Emission Fee: ............................................... 7 18.7 Certificate for As bestos Remo val .................................................................... 9 18.8 Certificate of Exempt ion (Initi al): ..................................................................... 9 18.9 Certificate of Exem ption (Renew al): ................................................................ 9 18.10 Transfer of a Stationary Source O perating Permit from One Person to Another ............................................................................................................ 9 18.11 Replacement of Each Lost or De stroyed Operati ng Permit: ............................ 9 18.12 Request for Hearing before the Air Po llution Control He aring B oard ............ 10 18.13 Waiving Fees ................................................................................................. 10 18.14 Blasting Fee .................................................................................................. 10 18.15 Implosion Fee ................................................................................................ 10 18.16 Billing Proc edures ......................................................................................... 10 18.17 Emission Reduction Credit (ERC) A pplication and Trans fer Fees ................ 10 18.18 Stationary Source In spection Fe es ............................................................... 11 18.19 Stationary Source Performance Testing Fees ............................................... 11 18.20 CEMS/PEMS/RATA Fees ............................................................................. 12 18.21 Adjusted Fee Rates ....................................................................................... 13Amended 02/10/12 CC Air Quality Regulations 18-2 18.0 Definitions

For the purposes of assess ing fees pursuant to Sect ion 18, the fo llowing terms will be defined as follows:

(a) “ Authority To Construct Certificate” means a certificate issued, after the review of a new or modified stationar y source, which constitutes approval to commence construction or modification of such source.

(b) “Complex Source” means, for pur poses of annual permit renewal fees, any source with a potential to emit greater than 25 tons per year for any regulated air pollutant or greater t han 40 tons per year combination of regulated air pollutants and that does not qualify as a major stationary source as defined in Sect ion 18.22(c). For the purpos es of this Section, “regulated air pollutant” is defined accordin g to its definition in Section 0.

(c) “Major Stationary Source” for the purpos es of Section 18, shall be defined according to its definition in Section 12.2.2(ff), 12.3.2(y), or 40 CFR 70.2, as applicable.

(d) “Operating Permit” means a document issued and signed by the Control Officer, authorizing, with conditions, the operation of a stationary source that emits any regul ated air pollutant.

(e) “Significant Source” means, for the purposes of annual permit renewal fees, any source with a pot ential to emit greater t han 10 tons per year for any single regulated air pollutant and t hat does not qualify as a complex or major stationary source.

18.1 Operating Permit Issuance Fees:

18.1.1 Operating Permit issued pu rsuant to Section 12.1 or 12.11: This permit is issu ed for any new or modified stationary source that is not subject to the Part 70 Operating Permit requirements of Section 12.5 and is required to operate under a permit issued by the Control Officer. $133.00

18.1.2 Operating Permit issu ed pursuant to Section 12.5: This permit is issued to an y new or modified stationary source subject to the Part 70 program. FreeAmended 02/10/12 CC Air Quality Regulations 18-3 18.2 Annual Emissions Unit and Annual Permit Renewal Fees:

These fees are assessed on each emission s unit and each Oper ating Permit each calendar year.

18.2.1 Each process e quipment, except as othe rwise listed in this section. $226.00

18.2.2 Each stor age silo. $111.00

18.2.3 Each stationa ry tank, reservoir, or other container exceeding 40,000 gallons c apacity containing any petroleum product having a vapor pressure of 1.5 pounds per square inch absolute or grea ter at standard temperature and pressure. $302.00

18.2.4 Each gasoline storage tank equipped with Stage I Vapor Recovery or Stage II Vapor Recovery equipment at any Gasoline Dispensing Facility including bulk plants but excluding bulk terminals

. $56.00

18.2.5 Each Heated Asphalt Storage Tank. $57.00

18.2.6 Each Stationary Internal Combustion engine, including microturbines up to 2.5MW, th at meets the definition of a stationary source, except as required in subsection 18.2.7 shall pay the fo llowing fee:

35-350 HP 351-800 HP 801- 1500 HP 1501 HP and up $327.00 $654.00 $1,307.00 $1,962.00

18.2.7 Each Stationa ry Emergency Internal Combustion engine that has a brake horsepower rating greate r than five hundred (500) that meets the definition of a stationary source shall pay th e following fee:

500 to 1500 HP 1501 HP and up $226.00 $654.00

18.2.8 Each fuel burning equipm ent not otherwise listed in this section that meets the defini tion of a stationary source. $195.00

18.2.9 Each stationary printing press. $374.00Amended 02/10/12 CC Air Quality Regulations 18-4 18.2.10 Each commercial surface coating operation, including spray booths. In the even t that spray booths are not applicable or required, the fee will apply to t he coating process, e.g., spray gun, dip tank. $374.00

18.2.11 Each electrical generating or compre ssor turbine with a rating of 2.5 megawatts or larger based on ISO standard operating conditions at 67 °F, excluding equipment fueled solely on gas generated with in Clark County by the decomposition of garbage in a landfill. $3,919.00

18.2.11.1 Megawatt Equivalent Fee: (Megawatt Equivalent) x (Fee) $133.00

18.2.11.1.1 Each Megawatt Equivalent based on a facili ty total megawatt output of all electrical or comp ressor turbines with a rating of 2.5 megawatts or larger plus all supplemental duct firing units and/or supplemental Heat Recovery Steam Generators (HRSGs), excluding equipment fueled solely on hydrogen, multiplied by the permitted a nnual hours of operation and divided by 8,760 hours per y ear. Megawatt ratings shall be based on ISO Standard Oper ating Conditions at 67°F.

18.2.11.2 Each supplement al duct firing unit and/or supplemental Heat Recovery Steam Generator ( HRSG), excluding duct-firing equipment fueled solely on hydrogen, or on gas generated within Clark County by the de composition of garbage in a landfill. $1,307.00

18.2.12 Nevada Department of Transportation (NDOT) subcontractors shall pay equip ment fees at the time of permit issuance. The fees shal l be for the duration of the project, prorated on a calendar quarter basis.

18.2.13 Annual Permit Renewal Fees: If more than one fee schedule is applicable to a permit, the governing schedule shall be that which result s in the higher fee.

18.2.13.1 Each Major Stationary Source $6,532.00

18.2.13.2 Each Complex Source $5,226.00

18.2.13.3 Each Significant Source $979.00

18.2.13.4 Baseline annual permit renewal applies to every perm itted $66.00Amended 02/10/12 CC Air Quality Regulations 18-5 stationary source except those classified as Major, Complex, Significant, fee exempt, or cove red in another section of the AQRs.

18.2.14 Fee exempt Free

18.3 Dust Control Permit Fee:

For construction ac tivities including surface gr ading and trenching that are permitted pursuant to Section 94.

18.3.1 Dust Control Permit Fee - s hall be determined on the number of acres or fraction thereof mu ltiplied by the following: $144.00

(Multiply fee by the sum of the whole number of acres plus 1.0 acre for any fracti on of an acre.)

18.3.2 Dust Control Permit Modification Fee: The fee is related only to the processing of any dust contro l permit which is modified from the originally issued permit as per AQRs . The modified permit will retain the ex piration date of the original du st control permit. $32.70

18.3.2.1 Modification in combinatio n with additional acres: The dust control permit fee shall also appl y, limited to the new acres.

18.3.2.2 Modification in combinat ion with additional acres where construction on the additional acreage commenced prior to submission of either a stand-al one dust control permit or the modification. The dust control permit late fee shall apply.

18.3.4 Dust Control Class Card (Pur suant to Section 94): The dust control card will be va lid for three years. $39.30

18.3.5 Dust Control Perm it Late Fee: This f ee will be charged for any construction site which commences construction activity prior to submitting a complete dust permit application. This fee will be 1.5 times the dust control permit fee as specified in this Section. $216.00 (per acre)Amended 02/10/12 CC Air Quality Regulations 18-6 18.3.6 Dust Control M onitor Class: The mini mum fee per person for dust control monitor class is $500. The minimu m fee for the department to hold a dust moni toring training class is $5,000.00. Any individual or company requesting the department to conduc t a dust control moni tor class with less than 10 fee-paying trainees will be responsible for the balance of the cost between payin g trainees and $5,000.00.

18.4 NSR [New Source Re view and/or PSD] App lication Review Fee:

Technical preconstruct ion review of propos ed new or modified stationary sources requesting an Authority To Construct Certificate

18.4.1 NSR Application fee: All stationary sources $337.00

18.4.2 Publication fee for Notice of Proposed Action : (if required) Direct Cost

18.4.2.1 Direct cost shall mean th e actual publicat ion cost of the Notice of Proposed Action as invoiced by the newspaper.

18.4.2.2 Notice of Proposed Action s hall be initiated after the Control Officer receives full payment of all applicable fees from the applicant.

18.4.3 NSR Application Review fee:

18.4.3.1 NSR potential to emit (tons per year) fee shall be determined on annual total potent ial to emit for all regulated air pollutants multiplied by the following and rounded off to the nearest whole number: $62.00

18.4.3.2 NSR emissions unit fee shal l be determined on the number of emission units multip lied by the following: $242.00

18.4.3.3 An Authority To Construc t Certificate shall not be issued unless the Control Officer has received full payment of all applicable fees.

18.4.3.4 The NSR Applicati on Review Fee for Authority to Construct applications submitted by the NDOT shall be based upon the following:

18.4.3.4.1 NDOT maintains the permit for the pit as a single emission unit and is charged for one emission unit review fee (E1).Amended 02/10/12 CC Air Quality Regulations 18-7 18.4.3.4.2 Subcontractors applyi ng for an op erating permit pursuant to the NDOT ATC shall pay review fees based on em ission units (E1) and tons of emission s (E2), but need not pay the application fee.

18.4.3.5 Relocation Fee: Portable source move notice submittal for a new operating location within Clark County. $32.70

18.4.3.6 Acid Rain Perm it: Associated with the requirements of Title IV of the 1990 Clean Air Act Amendments. $133.00

18.5 Part 70 Application Review Fee:

Technical review of Part 70 Applications for new or ex isting stationary sources.

18.5.1 Application fee: Major Part 70 stationary sources Free

18.5.2 Application fee: Non-Majo r Part 70 stationary sources Free

18.5.3 Publication fee for Notice of Prop osed Action (if requ ired): Direct Cost

18.5.3.1 Direct cost shall mean th e actual publicat ion cost of the Notice of Proposed Action as invoiced by the newspaper.

18.6 Annual Emission Inventory and Emission Fee:

18.6.1 Annual Emissions Inventory:

18.6.1.1 The annual emissions inventory must be submit ted to the department by March 31 of each calendar year.

18.6.1.2 Actual calendar year emissions will be determined by using emission factors consistent with permit co nditions or performance testing (whichever is most recent), and documented em ission control factors.

18.6.1.2.1 Each annual em ission inventory shall be signed by a responsible official of the company attesting to the accuracy and completeness of the inventory.Amended 02/10/12 CC Air Quality Regulations 18-8 18.6.2 Annual Emission Fee:

18.6.2.1 Failure by permit holder to submit an accu rate and comp lete actual emissions inventory by Ma rch 31 of each calenda r year will result in assessment of emission fees based on facility PTE.

18.6.2.1.1 In the event a PT E fee assessment is made and subsequently the actuals are discovered to be grea ter than the PTE, the depa rtment shall collect the unpaid fees as determined by the differenc e in emissions between actual and PTE multiplied by the pollutant fee rate in fo rce at the time of the discovery.

18.6.2.2 Emission fees will be determi ned by the C ontrol Officer.

18.6.2.3 In additi on to the annual emissions unit fee, each major stationary source and each stationary sour ce subject to federal pe rformance standards, shall pay an annual Part 70 emission fee.

18.6.2.4 The annual Part 70 emission fee shall be based on the total number of tons of actual annual emissions for all regul ated air pollutants (rounded off to the nearest whole number).

18.6.3 Actual annual emission s shall mean the following:

18.6.3.1 Measured emissions for any emissions monitored by a continuous emissions monitoring system (CEMS) ov er the previous calendar year, or

18.6.3.2 Estimated emissions for any emissi ons calculated based on annual facility production over the pr evious calendar year.

18.6.4 Annual Part 70 emission fees:

18.6.4.1 Annual Part 70 emi ssion fee shall be determined on the number of tons (to the nearest tenth of a ton) of all regulated air polluta nts, except as provided in Section 18.6.4.2, multiplied by the fo llowing fee: $50.00

18.6.4.2 For the Carbon Monoxide emission s portion, the annual Part 70 emission fee shall be determined on the number of tons (to the nearest tenth of a ton) of Carbon Monoxide multiplie d by the following fee: $17.00

18.6.5 Exceptions:

18.6.5.1 The following shall not be subj ect to an annual Part 70 emission fee:Amended 02/10/12 CC Air Quality Regulations 18-9 18.6.5.1.1 Any construction activity permitted pursuant to Section 94 of the AQRs,

18.6.5.1.2 Any Gasoline Dispensing Facility permitted pursuant to Section 12 of the regulations shall pay an annual emissions fee of $33.00 per ton of emissions, except for Carbon Monoxide , which shall be pai d at $11.00 per ton. There will be no annual urban consumer price index fee adjustment. The fees assessed pursuan t to Section 18.6.5.1.2 shall be reviewed every two (2) years, commencin g in January 1999

18.7 Certificate for Asbestos Removal: $654.00

Fee charged on all projects that require National Emission Standards for Hazardous Air Pollutants (NESHAPS) notification.

18.7.1 Post Abatement Inspection Fe e: $327.00

Fee charged for post abatem ent inspection of all projects that require National Emission Sta ndards for Hazardous Ai r Pollutants (NESHAPS) notification.

18.7.2 Inspection for Ongoing Asbe stos Removal Proj ects: $327.00/wk

Fee charged on a weekly ba sis for one inspection pe r week on all projects that require National Emission Sta ndards for Ha zardous Air Pollutants (NESHAPS) notification and which meet or exceed the regulated amounts of Regulated Asbestos-Containing Material (RACM).

18.8 Certificate of E xemption (Initial): $327.00

Hearing Board f iling fee (non-refundable). (This fe e is assessed one time for an exemption grant ed pursuant to Section 44 of the regulations.)

18.9 Certificate of E xemption (Renewal): $133.00

Air Pollution Control Hearing Board filin g fee (non-refundable). (This fee is assessed for each subsequen t exemption renewal grant ed pursuant to Section 44 of the regulations.)

18.10 Transfer of a Stationary Source Operating Pe rmit from One Person to Another: $133.00

18.11 Replacement of Each Lost or Destroyed Operating Permit: $32.70Amended 02/10/12 CC Air Quality Regulations 18-10 18.12 Request for Hearing before the Air Polluti on Control Hearing Board (fee is non-refundable): $140.00

Applicable to each variance, appeal or compliance schedule.

18.13 Any fees required pursuant to th is section may be waived for each qualifying emissions unit owned and operated by local, state, and federal government agencies.

18.14 Blasting Fee: $133.00

A one-time fee for each dust permi t issued with a blasting permit.

18.15 Implosion Fee: $13,066.00

18.16 Billing Procedures

18.16.1 Fee(s) shall be due within thirty (30) days of billing date.

18.16.2 After forty-five (45) days from billing date, unpaid invoices shall be assessed a 10% late charge.

18.16.3 Failure to pay any fe e within ninety (90) days may result in a Notice of Violation (NOV) which may impose a dditional penalties and enforcement action up to and includi ng permit revocation.

18.17 Emission Reduction Credit (ERC) Application and Transfer Fees

(a) Application for Emission Reduction Credit: Any application for ERCs shall be accompanied at the time of s ubmittal of the signed application by a non-refundable applicat ion fee of $300.00.

(b) Emission Reduction Cred it Transfer Fee: For any request to transfer ERCs pursuant to Section 12.7.7, a fee of $100.00 shall be paid in full prior to or upon submission of the ERC transfer request.Amended 02/10/12 CC Air Quality Regulations 18-11 18.18 Stationary Source Inspection Fees

The following stationary sour ce inspection fee schedule (Table 18.18) outlines the fees associated with re-inspections for al l stationary sources. These fees apply when a source fails an inspection, has an incomplete inspecti on, and requires reinspection to determine compliance status or the inspector has to return to the source to verify completion/compliance status due to the f ault of the source.

The initial and annual inspections are conducted with no charge (n/c) to the source.

Note: Only the highest a pplicable fee catego ry shall apply for each source.

Table 18.18. Stationary Source Inspections Fee Schedule

Total PTE De Minimus Permit Less than 5 Tons 5 Tons or greater NSPS / NESHAPS Major and Complex

Initial/Annual (included in annual fees) 0 * n/c n/c n/c n/c

1st re-inspect 0 $66.00 $133.00 without device = $327.00; with Control Device = $195.00 $979.00

All subsequent re-inspects/per 0 $133.00 $262.00 without device = $654.00; with Control Device = $394.00 $1,962.00

* n/c = no charge.

18.19 Stationary Source Pe rformance Testing Fees

The following stationa ry source performance test (P/T) fee schedule (Table 18.19) outlines the fees for all st ationary sources. These fees apply when the source is required to conduct a per formance test to determi ne compliance status. The associated fees are on a per protocol basis and shall be invoiced for all performance test(s) which is/a re outlined in each of t he required performance test protocol.

Performance test fees include the protocol and final report re view and covers any on-site time by the department, if required.

Note: Only the highest applicable fee category shall apply for each source.Amended 02/10/12 CC Air Quality Regulations 18-12 Table 18.19. Stationary Source Performance Test (P/T) Fee Schedule

Total PTE De Minimus Permit Less than 5 tons 5 Tons or greater NSPS/NESHAPS Major and Complex

Initial/Annual P/T (includes protocol/report review) (per protocol submittal) 0 $66.00 $133.00 $65 4.00 $1,962.00

1st re-test (on-site, problems/delays) 0 $66.00 $133.00 $327.00 $979.00

All subsequent re-tests/per (on-site, problems/delays) 0 $133.00 $262.00 $1, 307.00 $3,919.00

18.20 CEMS/PEMS/RATA Fees

The following stationary source perform ance specification (PS) testing and continuous emissions monito ring system (CEMS) fe e schedule (Table 18.20) outlines the fees associated for all statio nary sources performance specification test (PS) and continuous emissi ons monitoring systems (C EMS), including predictive emissions monitoring systems (PEMS), and relative accuracy test audits (RATAs) where the so urce is required to c onduct a performance te st/audit to determine compliance status. The associ ated fees are on a per prot ocol basis and shall be invoiced for all performanc e tests/audits and include the QA/QC review for all CEMS/PEMS initial equipment review.

Performance Specification (PS) test/audit fe es include the protocol and final report review and covers any on-site time by the departme nt, if required.

Table 18.20. Stationary Source CEMS Performance Specification Tests (PS), PEMS, and RATA Fees

Test Fee

Initial CEMS Certification Test (includes protocol/report and QA/QC document review) (per protocol submittal) $1,962.00

1st re-test (on-site, problems/delays) $979.00

All subsequent re-tests/per (on-site, problems/delays) $1,962.00

Annual RATA/ PEMS (includes protocol/ report review) (per protocol submittal) $654.00

1st re-test (on-site, problems/delays) $327.00

All subsequent re-tests/per (on-site, problems/delays) $654.00Amended 02/10/12 CC Air Quality Regulations 18-13 18.21 Effective each January 20, all S ection 18 fee rates except for the following shall be adjusted according to the relative percent change from the previous calendar year in the Urban C onsumer Price Index (CPI-U), which is published by the U. S. Department of Labor, Bureau of Labor Statistics:

 Gasoline storage tank at Gasoline Dispensing Facilities

 Dust Control Monitor Certificate

 Hearing request bef ore Hearing Board

18.21.1 CPI Calculation Example:

Assume last year’s CPI average = 224.939 Assume previous year’s CPI average = 218.056

The relative percent change (R PC) for current year is:

RPC = [(Avg CPI last year / Avg CPI previous year )-1]*100 RPC = [(224.939/218.056)-1]*100 RPC = 3.16%

Assume current fee of a Permit is $129.00 New Fee = [Current fee x (1+RPC)] New Fee = $129*1.0316=$133.00

Note: Fees < $50 are rounded to nearest $0.10. Fees > $50 are rounded to nearest $1.00.

History: Amended: September 25, 1980; September 3, 1981; April 23, 1987; November 15, 1990; July 25, 1991; May 28, 1992; August 26, 1993; September 28, 1995; December 19, 1996; April 24, 1997; December 14, 2000; January 21, 2003; June 3, 2003; July 1, 2004; January 20, 2005; January 20, 2006; January 22, 2007; January 22, 2008; January 27, 2009; January 25, 2010; October 5, 2010; February 14, 2011; February 10, 2012.Amended 07/01/04 21-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 21 - ACID RAIN PERMITS

21.1 WHEREAS , The Clark County Board of Count y Commissioners, is responsible for control of pollutants discharged into the air; and

WHEREAS , Air Quality Control Standards and Regulations have been adopted by said Board pursuant to NRS 445 for the purpose, among ot hers, of limiting contaminant E MISSIONS from existing, M ODIFIED or new sources handling or processing H AZARDOUS A IR P OLLUTANTS ; and

WHEREAS , it is a public policy of Cla rk County and the purpose of the Department of Air Quality and Envi ronmental Management's Air Quality Regulations to review and approve existing, M ODIFIED and new sources of A IR P OLLUTION , only if the E MISSION standards are or c an be met; and air quality standards will not be violated; and

WHEREAS , the United States Environment al Protection Agency has adopted certain general provisions and O PERATING P ERMIT requirements for affected sources and affected units under the Acid Ra in Program, pursuant to Title IV of the Clean Air Act, 42 U.S.C. 7401, et seq., as ame nded by Public Law 101-549 [November 15, 1990]; and

WHEREAS , it is the Department's belief that review and approval of existing, M ODIFIED or new sources is best managed at the local level.

NOW, THEREFORE , the provisions of Part 72, Chapter I, Title 40, Code of Federal Regulations, as indexed below , are hereby adopted by reference and made a part hereof as if fully set forth. Any final revisions to an existing subpart that are promulgated by t he United States Environment al Protection Agency are hereby adopted by reference and made a part her eafter as if fully set forth. Any new subparts to Part 72 that are promulgated by the United States Environmental Protection Agency after the effective date of this Section shall be subject to review and adoption by the Clark County Board of County Commissioners prior to becoming part of these Regulations. The term “permitting authority” shall mean t he Clark County Board of County Commissioners, and the term “A DMINISTRATOR ”, as defined in part 72, shall mean the A DMINISTRATOR of the United States Envir onmental Protection Agency.Amended 07/01/04 21-2 CC Air Quality Regulations If the provisions or requirements of this section conflict with or are not included in the procedural requirement of section 19, the provisions and requirements of this section shall apply and take precedence.

21.2.3 Subpart A - Acid Rain Program General Provisions

21.2.3 Subpart B - D ESIGNATED R EPRESENTATIVE

21.2.3 Subpart C - Acid Rain Applications

21.2.4 Subpart D - Acid Rain Compliance Plan and Compliance Options

21.2.5 Subpart E - Acid Rain Permit Contents

21.2.6 Subpart F - Federal Acid Rain Permit Issuance Procedures

21.2.7 Subpart G - Acid Rain Phase II Implementation

21.2.8 Subpart H - P ERMIT R EVISIONS

21.2.9 Subpart I - Compliance Certification

21.3 Any P ERSON subject to this Section must also comply with all other requirements of these Regulations. If there is inconsistency between standards or requirements, the most stringent standard or requirements shall apply.

21.4 All requests, reports, applications , submittals, and other communications, pursuant to this Section, shall be addressed to: C ONTROL O FFICER , Department of Air Quality and Envi ronmental Management, 500 S. Grand Central Parkway, Las Vegas, Nevada 89155.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: June 22, 1995. Amended: February 20, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 22-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 22 - ACID RAIN CONTINUOUS EMISSION MONITORING

22.1 WHEREAS , The Clark County Board of C ounty Commissioners is responsible for control of pollutants discharged into the air; and

WHEREAS , Air Quality Standards and Regulations have been adopted by said Board pursuant to NRS 445 for the purpose, among other s, of limiting contaminant E MISSIONS from existing, M ODIFIED or new sources handling or processing H AZARDOUS A IR P OLLUTANT s; and

WHEREAS , it is a public policy of Cla rk County and the purpose of the Department of Air Qualit y and Environmental Management's Regulations to review and approve existing, M ODIFIED and new sources of A IR P OLLUTION , only if the E MISSION standards are or can be met; and air quality standards will not be violated; and

WHEREAS , the United States Environment al Protection Agency has adopted standards for the monitoring, recordkeepi ng, and reporting of sulfur dioxide, nitrogen oxides and carbon dioxide E MISSIONS , volumetric flow, and OPACITY data from AFFECTED UNITS under the Acid Rain Program pursuant to Sections 412 and 821 of the Clean Air Act, 42 U.S.C. 7401- 7671, et. seq., as amended by Public Law 101-549 [November 15, 1990]; and

WHEREAS , it is the Department of Ai r Quality and Environmental Management's belief that review and approval of existing, M ODIFIED or new sources is best managed at the local level.

NOW, THEREFORE , the provisions of Part 75, Chapter I, Title 40, Code of Federal Regulations, as indexed below , are hereby adopted by reference and made a part hereof as if fully set forth. Any final revisions to an existing subpart that are promulgated by t he United States Environment al Protection Agency are hereby adopted by reference and made a part hereafter as if fully set forth. Any new subparts to Part 75 that are promulgated by the United States Environmental Protection Agency after the effective date of this Section shall be subject to review and adoption by the Clark County Board of County Commissioners prior to becoming part of these Regulations. The term “permitting authority” shall mean t he Clark County Board of CountyAmended 07/01/04 22-2 CC Air Quality Regulations Commissioners and the term “A DMINISTRATOR ”, as defined in part 72, shall mean the A DMINISTRATOR of the United States Envi ronmental Protection Agency.

22.2.1 Subpart A - General

22.2.2 Subpart B - Monitoring Provisions

22.2.3 Subpart C - Operation and Maintenance Requirements

22.2.4 Subpart D - Missing Data Substitution Procedures

22.2.5 Subpart E - Alternative Monitoring Systems

22.2.6 Subpart F - Recordkeeping Requirements

22.2.7 Subpart G - Reporting Requirements

22.3 Any person subject to this Secti on must also comply with all other requirements of these Regulations. If there is inconsistency between standards or requirements, the most stringent standard or requirements shall apply.

22.4 All requests, reports, applications , submittals, and other communications, pursuant to this Section, shall be addressed to: Control Officer, Department of Air Quality and Environmental Management

, 500 S. Grand Central Parkway, Las Vegas, Nevada 89155.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: June 22, 1995 Amended: April 9, 2001; June 3, 2003; July 1, 2004.Amended 05

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- 10 CC Air Quality Regulations 25

- i SECTION 25: AFFIRMATIVE DEFENSE FOR EXCESS EMISSIONS DUE TO MALFUNCTIONS, STARTUP, AND SHUTDOWN

25.1 Applicability

................................ ................................ ................................ ..... 1 25.2 Affirmative Defense for Malfunctions

................................ ............................... 1 25.3 Affirmative Defense for Startup and Shutdown

................................ ............... 2 25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance

............ 3 25.5 Demonstration of Reasonable and Practicable Measures

.............................. 3 25.6 Reporting of Excess Emissions

................................ ................................ ....... 3Amended 05

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- 10 CC Air Quality Regulations 25

- 1 25.1 Applicability

25.1.1 Section 25 establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies to all emission standards or limitations except for the following standards or limitations:

(a) Promulgated pursuant to Sections 111 or 112 of the Act;

(b) Promulgated pursuant to Titles IV or VI of the Act;

(c) Contained in any Prevention of Significant Deterioration Authority to Construct Permit or Nonattainment Area New Source Review (NSR) Au thority to Construct Permit issued directly by EPA; or

(d) Included in an Authority to Construct Permit in order to satisfy the requirements of Section 12.2.10.

25.2 Affirmative Defense for Malfunctions

25.2.1 Emissions in excess of an applicable emission limitation due to a malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that v iolation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of Section 25.6 and has demonstrated all of the following:

(a) The excess emissions resulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control of the operator;

(b) The air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consist ent with good practice for minimizing emissions;

(c) If repairs were required, the repairs were made in an expeditious fashion when the applicable emission limitations were being exceeded. Off

- shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off

- shift labor and overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable;

(d) The amount and duration of the excess emissions (including a ny bypass operation) were minimized to the maximum extent practicable during periods of such emissions;Amended 05

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- 10 CC Air Quality Regulations 25

- 2 (e) All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;

(f) The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance;

(g) During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Section 11 that could be attributed to the emitting source;

(h) Th e excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned, and could not have been avoided by better operations and maintenance practices;

(i) All emissions monitoring systems were kept in operation if at all practicable; and

(j) The owner or operator’s actions in response to the excess emissions were documented by contemporaneous records.

25.3 Affirmative Defense for Startup and Shutdown

25.3.1 Except as provided in Section 25.3.2, and unless otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to startup and s hutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of S ection 25.6 and has demonstrated all of the following:

(a) The excess emissions could not have been prevented through careful and prudent planning and design;

(b) If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property;

(c) The source’s air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions;

(d) The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;Amended 05

- 18

- 10 CC Air Quality Regulations 25

- 3 (e) All reasonable steps wer e taken to minimize the impact of the excess emissions on ambient air quality;

(f) During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Section 11 that could be attributed to the emitting source;

(g) All emissions monitoring systems were kept in operation if at all practicable; and

(h) The owner or operator’s actions in response to the excess emissions were documented by contemporaneous records.

25.3.2 If excess emissions occur due to a malfunction during routine startup and shutdown, then those instances shall be treated as other malfunctions subject to Section 25.2.

25.4 Affirmative Defense for Malfunctions During Scheduled Maintenance

If excess emissions occur due to a malfunction during scheduled maintenanc e, then those instances will be treated as other malfunctions subject to Section 25.2.

25.5 Demonstration of Reasonable and Practicable Measures

For an affirmative defense under Section 25, the owner or operator of the source shall demonstrate, through submiss ion of the data and information required by Section 25.6, that all reasonable and practicable measures within the owner or operator’s control were implemented to prevent the occurrence of the excess emissions.

25.6 Reporting of Excess Emissions

25.6.1 The owner or op erator of any source required to obtain a permit under Section 12 shall report to the Control Officer emissions in excess of an applicable requirement or the emission limits prescribed by the permit. The report shall be in two (2) parts:

(a) Notification by t elephone, facsimile or electronic mail within twenty

four (24) hours of the time the owner or operator first learns of the excess emissions;

(b) Written notification by submission of an excess emission report containing the information required by Section 25. 6.3 within seventy

two (72) hours of the notification required by paragraph (a) above.Amended 05

- 18

- 10 CC Air Quality Regulations 25

- 4 25.6.2 The owner or operator of any source required to obtain a permit under Section 12 shall report to the Control Officer emissions that are in excess of an applicable requi rement or emission limit that pose a potential imminent and substantial danger to public health, safety or the environment as soon as possible, but in no case later than twelve (12) hours after the deviation is discovered, with a written report submitted w ithin two (2) days of the

occurrence.

25.6.3 An excess emission report shall contain the following information:

(a) The identity of each stack or other emission point where the excess emissions occurred;

(b) The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions;

(c) The time and duration or expected duration of the excess emissions;

(d) The identity of the equipment from which the excess emissions emanated;

(e) The nature and cause of the emissions;

(f) The steps taken if the excess emissions were the result of a malfunction, to remedy the malfunction and the steps taken or planned to prevent the recurrence of the malfunctions;

(g) The steps that were or are being taken to limit the excess emissions; and

(h) If the source's permit contains procedures governing source operation during periods of startup or malfunction and the excess emissions resulted from startup or malfunction, a list of the steps taken t o comply with the permit procedures.

25.6.4 In the case of continuous or recurring excess emissions, the notification requirements of Sections 25.6.1 and 25.6.2 shall be satisfied if the source provides the required notification after excess emissions are first d etected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notifi cation pursuant to Sections 25.6.1 and 25.6.2.

History: Amended: March 27, 1980; September 3, 1981; April 21, 1983; July 8, 1985; November 18, 1993; December 19, 1996; April 9, 2001; June 3, 2003; July 1, 2004; May 18, 2010.Amended 12/30/08 26-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 26 - EMISSION OF VISIBLE AIR CONTAMINANTS

26.1.1 Unless otherwise specified in Subsec tion 26.2 or other Se ctions of these Regulations, no PERSON shall cause, suffer, allow or permit the discharge into the atmosphere, from an EMISSIONS UNIT , any air contaminant in excess of an average of 20 percent OPACITY for a period of more than 6 consecutive minutes.

26.2 Source Specific Opacity Limits

26.2.1 For any chemical process E MISSION U NITS commencing operation or modification after January 1, 1981 and for which one or more of the following compounds are manufactured: titanium, titanium tetrachloride, magnesium, magnesium chloride, manganese dioxi de, and boron trichloride, the O PACITY shall not exceed an average of 10 perc ent for a period of more than 6 consecutive minutes.

26.2.2 No P ERSON shall cause, suffer, allow or permit the discharge into the atmosphere from any I NCINERATOR , any air contaminants in excess of an average of 5 percent O PACITY for a period of more than 6 consecutive minutes and no single reading sha ll exceed 20 percent opacity.

26.3 Exemptions to Subsections 26.1:

26.3.1 Smoke from fires or from fire training as allowed in Section 42 herein;

26.3.2 Where presence of uncombined water is the only reason fo r the failure of an E MISSION to meet the limitations herein; and

26.3.3 Smoke discharged in the course of training individuals to observe visible E MISSION s, if written permission is obtained from the C ONTROL O FFICER specifying the times and dates of such training.

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History: Initial Adoption: Amended: April 26, 1983; July 8, 1985; April 9, 2001; December 2, 2003, July 1, 2004, December 30, 2008______________________________________________________________________ Amended 07/01/04 27-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 27 - PARTICULATE MATTER FROM PROCESS WEIGHT RATE

27.1 For purposes of the Regul ation, the total process weight from all similar process units at a plant or premises shall be used for determining the maximum allowable emission of particulat e matter. The process weight rate shall be the equipment manufacturer's or designer's guaranteed maximum input, whichever is greater. Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this definition, the interpretation that results in the minimum value for allowable emission shall apply.

27.2 No person may discharge in any one hour, from any source with process weight in the following range, dust or fumes from a stack or stacks in total quantities in excess of the amount shown in the following table. (Table 27-1)

27.3 For the purpose of establishing allowabl e emission limits for approval of new or modified sources of particulate matte r the values of Table 27-1 can be used in absence of more stringent emission limits.

27.4 Where the process weight per hour falls between figures in the left-hand column the exact weight of permitted discharge may be interpolated.______________________________________________________________________ Amended 07/01/04 27-2 CC Air Quality Regulations 

### TABLE 27-1

PROCESS MAXIMUM WEIGHT WT/HR DISCHARGE/HOUR

KG (lbs) KG (lbs)

25 ( 55) 0.12 (0.26) 50 ( 110) 0.23 (0.51) 100 ( 220) 0.43 (0.94) 150 ( 330) 0.58 (1.27) 200 ( 440) 0.73 (1.60) 250 ( 550) 0.86 (1.89) 300 ( 660) 0.97 (2.14) 350 ( 770) 1.08 (2.38) 400 ( 880) 1.17 (2.58) 450 ( 990) 1.26 (2.78) 500 ( 1100) 1.35 (2.97) 550 ( 1210) 1.42 (3.13) 600 ( 1320) 1.50 (3.29) 650 ( 1430) 1.56 (3.44) 700 ( 1540) 1.63 (3.59) 750 ( 1650) 1.70 (3.73) 800 ( 1760) 1.75 (3.86) 850 ( 1870) 1.81 (3.99) 900 ( 1980) 1.87 (4.12) 1000 ( 2200) 1.97 (4.34) 1500 ( 3300) 2.44 (5.36) 2000 ( 4400) 2.83 (6.22) 3000 ( 6600) 3.54 (7.78) 4000 ( 8800) 4.20 (9.23) 5000 (11000) 4.83 (10.63) 6000 (13200) 5.46 (12.01) 7000 (15400) 6.08 (13.37) 8000 (17600) 6.70 (14.73) 9000 (19800) 7.30 (16.07) 10000 (22000) 8.10 (17.81) 20000 (44000) 13.95 (30.70) 27300 (60000) Or More 18.18 (40.00)

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 28 - FUEL BURNING EQUIPMENT

28.1 General Provisions

28.1.1 This regulation applies to installation in which F UEL is burned for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with other materials. F UELS include those such as coke, coal, lignite, coke breeze, F UEL O IL , and wood, but do not include refuse. When any products or by-products of a manufacturing process are burned for t he same purpose or in conjunction with any F UEL , the same maximum emission limitations shall apply.

28.1.2 The heat content of coal sha ll be determined according to ASTM method D-271-64 Laboratory Sampling and Analysi s of Coal or Coke or ASTM method D-2015-62T gross calorific value of solid fuel by the Adiabatic Bomb Calorimeter, which publications are made a part of this section by reference.

28.1.3 For purposes of this regulation the heat input shall be the aggregate heat content of all F UEL s whose products of combustion pass through a stack or stacks. The heat input value used s hall be the equipment manufacturer's or designer's guaranteed maximum input, whichev er is greater. The total heat input of all F UEL -B URNING U NITS on a plant or premis es shall be used for determining the maximum allowable amount of P ARTICULATE M ATTER which may be E MITTED

.

28.1.4 The amount of P ARTICULATE M ATTER E MITTED shall be measured according to the American Society of Mechani cal Engineers' Power Test Codes PTC-27, dated 1957 entitled, "Determini ng Dust Concentrations in a Gas Stream," which publication is made a part of this section by reference. The C ONTROL O FFICER may modify this testing pr ocedure or specify the use of more current procedures in accor dance with good professional practice.

28.2 Emission Limitations

28.2.1 No P ERSON shall cause or permit the E MISSION of P ARTICULATE M ATTER from any F UEL -B URNING E QUIPMENT in excess of the quantity set forth in the following table:Amended 07/01/04 28-2 CC Air Quality Regulations Maximum allowable rate of E MISSION of P ARTICULATE Heat input, millions of M ATTER , pounds per million B RITISH T HERMAL U NITS B RITISH T HERMAL U NITS of per hour heat

------------------------------ --------------------------------------

10 0.600 50 0.412 100 0.352 500 0.242 1,000 0.207 4,000 0.150 8,000 0.102 10,000 0.0904 15,000 0.0717 20,000 0.0607 40,000 0.0409 50,000 0.0358 100,000 0.0243

28.2.2 Maximum allowable E MISSION rates of P ARTICULATE M ATTER for heat input greater than 10 million but less t han 4000 million BTU per hour shall be determined by using the equation Y = 1.02 X -0.231 . Maximum allowable E MISSION rates of P ARTICULATE M ATTER for heat inputs equal to or greater than 4000 million BTU per hour shall be determined by using the equation Y = 17.0 X -0.568 where Y = allowable rate of E MISSION in pounds per million BTU and X = maximum heat input in millions of BTU per hour.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 32 - REDUCTION OF ANIMAL MATTER

32.1 The operation of any article, machine, equipment or other contrivance for the reduction of animal matter is prohibited unless all G ASES , V APORS and gas-entrained effluents are:

32.1.1 I NCINERATED at temperatures of not less than 1400 o F. for not less than 0.3 seconds; or

32.1.2 Processed in a manner determined by the C ONTROL O FFICER to be equally efficient.

32.2 This regulation does not appl y to any article, machine, equipment or other contrivance used exclusively for the processing of food for human consumption.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 33 - CHLORINE IN CHEMICAL PROCESSES

33.1 Applicability

This section applies to any S TATIONARY S OURCE in Clark County which O PERATES a C HEMICAL P ROCESS in which molecular chlorine gas is generated. Hereafter, "chlorine" will mean molecular chlorine gas.

33.2 Performance Standard

The P OTENTIAL T O E MIT for chlorine from all E MISSION U NITS related to a specific C HEMICAL P ROCESS shall be less than one pound per hour.

33.3 Determination of Potential to E MIT

33.3.1 Within 30 days of the date thes e regulations become effective, each O WNER O R O PERATOR of a S TATIONARY S OURCE subject to this section shall submit to the C ONTROL O FFICER , a written estimate of the P OTENTIAL T O E MIT for chlorine. The estimate shall include the basis and method of calculation.

33.3.2 Upon receipt of such estimate, the C ONTROL O FFICER shall review the same to determine whether the estimate is accurate and supported by available data. If the estimate is acceptable, the C ONTROL O FFICER shall so notify the O WNER O R O PERATOR within 20 days of receipt of the estimate. If the estimate is not acceptable, the C ONTROL O FFICER shall make an independent estimate of the P OTENTIAL T O E MIT , showing his basis and method of calculation. Such independent estimate shall be served upon the O WNER O R O PERATOR within 30 days after rece ipt of the estimated P OTENTIAL T O E MIT

. The O WNER O R O PERATOR may appeal the independent estimate of the C ONTROL O FFICER to the A IR Pollution Control H EARING B OARD by serving a written notice of appeal upon the C ONTROL O FFICER within 20 days after receipt of the C ONTROL O FFICER ’ S independent estimate. In the event no such appeal is filed, the C ONTROL O FFICER ’ S independent estimate shall become final and binding for the purpose of this section.

In the event an appeal is consi dered, the Air Pollution Control H EARING B OARD shall review the O PERATOR 's original estimate, the C ONTROL O FFICER ’ S independent estimate, the bases and methods of calculations used by each party, and shall make a final determination of the P OTENTIAL T O E MIT for the purpose of this Section 33.Amended 07/01/04 33-2 CC Air Quality Regulations 33.4 Monitoring Compliance at existing sources with a Potential to E MIT not greater than the Performance Standard

33.4.1 To assure compliance with the Performance Standard, conditions for the O PERATING P ERMITS shall include numerical standar ds which can be routinely monitored. The numerical standards shall be the crit eria regulating chlorine E MISSIONS from that S TATIONARY S OURCE . For E MISSION U NITS in which the chlorine is released through a stack or vent pipe, hereinafter called Type 1 E MISSION U NITS , the numerical standard shall be equal to the Performance Standard. For E MISSION U NITS in which the chlorine is not released through a stack or vent pipe, or in which the E MISSIONS from the process equipment area are not detectable, hereinafter called Type 2 E MISSION U NITS , the numerical standard shall be a quantit ative measurement which can be performed during an inspection by the C ONTROL O FFICER or his representative. An exam ple of a quantitative measur ement is to measure for chlorine, within one to five meters of the equipment in which chlorine is being processed, with a multi-stroke gas sampling pump equipped with a rapid analysis calibrated detector tube.

33.4.2 Each O WNER O R O PERATOR shall submit to the C ONTROL O FFICER for his approval, a plan for monitoring compli ance with numerical standard. The plan shall be submitted withi n 30 days of the date of final determination of the P OTENTIAL T O E MIT

.
1) For Type 1 E MISSION U NITS , the plan shall recommend design of the sampling method and describe sampling procedures and equipment.

2) For Type 2 E MISSION U NITS , the plan shall propose a numerical standard and a procedure for measuring it. The plan may discuss a sampling protocol to be implemented in the event that the numerical standard is exceeded. The plan ma y discuss a method for measuring background concentrations.

33.4.3 On or before S eptember 1, 1984, the C ONTROL O FFICER shall issue the new O PERATING P ERMIT conditions. These will include numerical standards and a description of the monitoring method.

33.5 Existing sources with a P OTENTIAL T O E MIT greater than the Performance Standard

33.5.1 If the P OTENTIAL T O E MIT exceeds the Perfo rmance Standard, each O WNER O R O PERATOR of such an existing source shall:

1) submit for approval, a proposed chlorine E MISSIONS monitoring plan. The plan shall:

a) specify the design and frequency of sampling to allow estimation of the annual average actual E MISSIONS from theAmended 07/01/04 33-3 CC Air Quality Regulations chemical process. This sha ll be submitted within 60 days of the date of final determinat ion of the potential to E MIT ;

b) provide for observation and direct participation by the Department of Air Quality and Environmental Management during testing; and

c) provide for a monitoring report to be submitted to the C ONTROL O FFICER each year; and

2) submit for approval, a pr oposed Performance Standard compliance plan in accordance with the requirem ents set forth in Subsection 33.7. This shall be submitted within 90 days of the date of final determination of the potential to E MIT

.

33.5.2 The C ONTROL O FFICER shall approve, or m odify the chlorine E MISSIONS monitoring plan and the Performance Standard compliance plan, and notify the O WNER O R O PERATOR within 30 days from the date of receipt of same. Any modification or rewriting sha ll become final and binding if the modification or rewriting is not appealed to the Air Pollution Control Hearing Board within 10 days from written service of same.

33.5.3 The C ONTROL O FFICER shall issue temporary O PERATING P ERMITS for the applicable chemical process with pe rmit conditions incorporating the implementation of the chlorine emissions monitoring plan and the approved Performance Standard compliance plan as finally approved.

33.6 Requirements for Performance Standard Compliance Plan (for sources with a potential to E MIT greater than the Performance Standard)

33.6.1 The proposed Performance Standard compliance plan shall provide for the following requirements:

1) The O PERATOR shall achieve complianc e with the Performance Standard by August 1, 1988;

2) The O PERATOR shall identify critical activi ties or projects which will be accomplished during each calendar quar ter until the final compliance date; and

3) The compliance plan shall describe what equipment and process technology will be used to comply wit h the Performance Standard. The description shall be sufficient ly detailed so that the C ONTROL O FFICER can determine if the expected potential to E MIT will meet the Performance Standard.

33.7 New Source ReviewAmended 07/01/04 33-4 CC Air Quality Regulations 33.7.1 This subsection applies to any new S TATIONARY S OURCE of chlorine emissions proposing to locate in Clark County. This subsection also applies to an existing S TATIONARY S OURCE if new emission units are constructed at the existing S TATIONARY S OURCE . The collection of new emission units would be considered a new S TATIONARY S OURCE

.

33.7.2 Each new E MISSION U NIT shall employ process equipment and air pollution control equipment designed to mainta in the Lowest Achievable Emission Rate.

33.7.3 Each new S TATIONARY S OURCE shall also comply with all other Air Quality Regulations of the Clark Count y Board of County Commissioners.

33.8 Enforcement

Any O PERATING P ERMIT condition established as a result of this section is considered equivalent to a Regulation. If there is an alleged violation of a permit condition, the C ONTROL O FFICER may exercise any of the enfor cement options enumerated in Subsection 4.7 or Subsection 16.8 of these Regulations.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 40 - PROHIBITIONS OF NUISANCE CONDITIONS

40.1 No P ERSON shall cause, suffer or allow the discharge from any source whatsoever such quantities of air contam inants or other material which cause a N UISANCE

.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 41 - FUGITIVE DUST

41.1 Prohibitions:

41.1.1 Any P ERSON engaged in activities involving t he dismantling or demolition of buildings, grubbing, grading, clearing of land, public or private construction, the operation of machines and equipm ent, the grading of roads, trenching operations, the operation and use of U NPAVED P ARKING facilities, A GRICULTURAL O PERATIONS , use and operation of liv e stock arenas, horse arenas and feed lots, and operati on and use of raceways for M OTOR V EHICLES shall take all reasonabl e precautions to abate F UGITIVE D UST from becoming airborne from such activi ties. Reasonable precautions may include, but are not limit ed to the conditions agreed upon in the Department of Air Quality and Environmental Management permit for the project, sprinkling, compacting, enclosure, chem ical, or asphalt sealing, cleaning up, sweeping, or such other measures as the C ONTROL O FFICER may specify to accomplish satisfactory results;

41.1.1.1 The following circumstanc es represent examples of F UGITIVE D UST becoming airborne:

a) a visible plume of dust, resulti ng from construction activities, which extends more than 100 yards from t he point of origin or beyond the nearest property line, whichever is less;

b) visible dust E MISSIONS on an unpaved road at a construction site being used by haul trucks;

c) visible dust E MISSIONS generated by vehicles traveling over mud and dirt carried out to a paved road near or adjacent to a construction site.

41.1.1.2 A visible plume of dus t resulting from construction activities which extends more than 50 yards from the point of origin, but less than 100 yards and which has not crossed the nearest property line may be subject to an issuance of a Notice of Violation incl uding an Order to take Corrective Action for which no penalty will be assessed.Amended 07/01/04 41-2 CC Air Quality Regulations 41.1.2 No person shall cause or permit t he handling, transporting, or storage of any material in a manner which allows or may allow controllable particulate matter to become airborne;

41.1.3 Sand and abrasive blasting operati on will not be permitted unless effective enclosures or other such dust control devices including but not limited to the injection of water have been install ed to prevent excessive sand and dust dispersal.

41.2 Off-road vehicle and motocross racing;

41.2.1 No person shall cause, permit, or allow the conduct of off-road vehicle racing or motocross racing within the desi gnated boundaries of the Non-Attainment Area as defined in Sect ion 1 of these Regulations unless adequate dust control measures are provided and approved in advance by the C ONTROL O FFICER

.
41.2.2 Motocross racing will only be pe rmitted at permanent motocross race courses within the Non-Attainment Area.

41.2.3 Permanent motocross race courses, within the Non-Attainment Area as defined in Section 1 of these Regul ations, shall be r egistered with and permitted by the C ONTROL O FFICER in accordance with Subsections 15.1 and 15.6.

41.3 Correction of condition:

41.3.1 If loose sand, dust, or dust parti cles are found to exist in excess of acceptable limits, as determined by the C ONTROL O FFICER , the C ONTROL O FFICER shall notify the owner, lessee, o ccupant, operator, or user of said land that said situation is to be corre cted within a specified period of time, dependent upon the scope and extent of the problem. The failure to correct said situation within the s pecified period of time shall be in violation of this section.

41.4 Remedial Action:

41.4.1 The C ONTROL O FFICER , his designated agent, or any other authorized representative of the Clark County Board of County Commissioners, after due notice shall be further empowered to enter upon any said land where any sand or dust problem exists, and to take such remedial and corrective action as may be deemed appropriate to cope with and relieve, reduce, or remedy the existent sand and dust situation and condition, when the O WNER
, occupant, O PERATOR , or any tenant, lessee, or holder of any possessory interest or right in the involved land fails to do so.Amended 07/01/04 41-3 CC Air Quality Regulations 41.5 Costs:

41.5.1 Any cost incurred in connection with any such remedial or corrective action by the Clark County Board of Count y Commissioners or any person acting for the Clark County Board of Count y Commissioners shall remain in full force and effect until any and all such costs shall have been fully paid.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 42 - OPEN BURNING

42.1 No P ERSON shall cause, suffer, allow, or permit the burning of any combustible material in any open fire except as provided in this section and then only when such burning has been approved in advance by the C ONTROL O FFICER . Such exceptions are as follows:

42.1.1 When in the judgment of the C ONTROL O FFICER , no other safe method for the disposal of combustible, explosive, or dangerous material exists or can reasonably be obtained;

42.1.2 Small fires for recreational, educat ional, ceremonial, cooking purposes and warmth of human beings, including barbecues and outdoor fireplaces provided they do not create a public nuisance;

42.1.3 Where fire is set either by O FFICERS of governmental agencies, in performance of their official duties or for the purposes of training and instruction of fire-fighting and fire-rescue personnel;

42.1.4 Outside the Las Vegas Valley, w hen such fire is set on a field used for growing crops in the cour se of disposing of unused portions of a crop and intermingled weeds resulting from an agriculture operation;

42.1.5 Domestic burning of material orig inating on premises, ex clusive of garbage, at a property used exclusiv ely as a private residence or dwelling where there is no collection service available for such material.

42.2 Notwithstanding Subsection 42.1, any burning so permitted by this section must be controlled so that public nuisance or traffic hazards are not created as a result of the air contaminants being emitted.

42.3 Nothing in this section shall be cons trued to prohibit or make unlawful the construction and use of private barbecu e pits, grills, or outdoor fireplaces for the preparation of food for consumpti on by individuals; nor shall any permit from the C ONTROL O FFICER be required therefor.Amended 07/01/04 42-2 CC Air Quality Regulations 42.4 Open burning shall be prohibited duri ng air pollution episode conditions as defined in Section 6 of the Implemen tation Plan for the State of Nevada entitled, EMERGENCY EPISODE PLAN.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 43 - ODORS IN THE AMBIENT AIR

43.1 An O DOR occurrence shall be deemed a violation when a complaint is received and substantiated within two hours by the C ONTROL O FFICER . The C ONTROL O FFICER shall deem the O DOR occurrence a violation if he is able to detect the O DOR twice within a period of one hour, if the O DOR is of such a nature as to cause a nuisance, and these detections being separated by at least 15 minutes.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 44 - PROHIBITIONS ON PLANTING, SELLING, OR OFFERING TO SELL FRUITLESS MULBERRY AND EUROPEAN OLIVE TREES

44.1 Purpose

The Clark County Board of County Commissi oners finds that pollen from Fruitless Mulberry (Morus Alba "Fruitless) and European Olive (Olea Europaea) trees contribute to the high levels of airborne pollen in urban areas of Clark County during the spring.

44.2 Prohibitions

44.2.1 After April 1, 1991

No Person shall plant, sell, offer to se ll, or authorize the pl anting of Fruitless Mulberry or European Olive trees to any other person or company doing business within the boundaries of Clark County,

44.3 Exemption

44.3.1 Cultivars of low po llinating Fruitless Mulberry or European Olive may be exempt from Subsection 44. 2.1 if the person who grows them for commercial distribution applies for and receives a Ce rtificate of Exempt ion from the Air Pollution Control Hearing Board.

44.3.2 To be approved by the Air Polluti on Control Hearing B oard, the applicant must demonstrate to the B oard that the low pollinati ng cultivar releases to the atmosphere less than 15% of the pollen released by a sexually mature traditional European Olive tree and that this low pollinating capacity is retained by the sexually mature cu ltivar for at least three years.

44.3.3 Exempt trees in inventory at retail outlets and those being delivered to landscaping projects, must in clude a label approved by the C ONTROL O FFICER showing exempt status, date of appr oval of Certificate until sale to

consumer.Amended 07/01/04 44-2 CC Air Quality Regulations 44.3.4 The applicant shall present a distribution plan to the C ONTROL O FFICER to assure that only exempt trees under t he applicant's control will carry the label provided for in Subsection 44.3.3. Sh ipping invoices must show copy of Certificate.

44.3.5 Such certificates expire in th ree (3) years. The applicant may renew a certificate for three (3) year increments.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: January 24, 1991. Amended: May 17, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 45-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 45 - IDLING OF DIESEL POWERED MOTOR VEHICLES

45.1 Diesel Powered Motor Vehicle Idling

Except as otherwise provided in this subs ection, a person shall not idle the engine of a diesel truck or a diesel bus fo r more than 15 consecutive minutes. The provisions of this subsection do not apply to a diesel truck or a bus:

(a) For which the Clark County Air Pollu tion Control Hearing Board has issued a variance from the requirements of this s ubsection. A variance is not effective during an air pollution emergency epis ode stage declared by the Department of Air Quality and Environmental Management.

(b) Which is an emergency vehicle.

(c) Used to repair or maintain other M OTOR V EHICLES

.
(d) Which is stopped because of traffic congestion while in transit on a highway, roadway or street.

(e) The E MISSION from which is contained and treated by a method approved by the C ONTROL O FFICER

.
(f) The engine of which must idle to perform a specific task for which is it designed such as well drilling, trenching or hoisting. Such an engine may not idle for more than 15 consecutive minutes during an air quality emergency episode stage declared by the Department of Air Quality an d Environmental Management.

(g) Which is idling while maintenanc e procedures are bei ng performed at a repair facility.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: September 26, 1991; Ma y 17, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 50-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 50 - STORAGE OF PETROLEUM PRODUCTS

50.1 A P ERSON shall not place, store, nor hold in any stationary tank, reservoir or other container of more than 151,412 liters (40,000 gallons) capacity of any petroleum liquid having a V APOR pressure of 78 mm Hg (1.5 pounds per square inch absolute) or greater unde r actual storage conditions, unless such tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent hydrocarbon V APOR or gas loss into the atmosphere, or unless it is designed and equipped with one of the following V APOR L OSS C ONTROL D EVICES , properly installed, and in good working order and operation:

50.1.1 A floating roof, consisting of a pontoon type or double-deck type roof, resting on the surface of the liquid contents and equipped with a closure seal, to close the space between the roof edge and the tank wall. The control equipment provided for herein shall not be used if the petro leum product has a V APOR pressure of 572 mm Hg (11.0 pounds per square inch absolute) or greater under actual st orage conditions. All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place;

50.1.2 A vapor recovery system, consisti ng of a vapor gatheri ng system capable of collecting the hydrocarbon vapors and gas es so as to prevent their E MISSION to the atmosphere, and wit h all tank gauging and sampling devices gas-tight, except when gauging or sampling is taking place;

50.1.3 Other equipment of equal efficiency, provided su ch equipment has first been submitted to and approved by the C ONTROL O FFICER

.
50.2.1 There shall be no visible holes, tear s or other openings in the seal or seal fabric of the tank reserv oir or other container for the storage of petroleum liquids.

50.2.2 All openings, except stub drains, are to be equipped with a cover, seal or lid. The cover, seal or lid is to be in a clos ed position at all ti mes except when the device is in actual use. Automatic bl eeder vents are to be closed at all times except when the roof is floated off or landed on the roof le g supports. Rim vents, if provided, are to be set to open when the roof is floated off the roof leg supports or at the manufacturer's recommended setting.Amended 07/01/04 50-2 CC Air Quality Regulations - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: December 28, 1978; J une 11, 2001; June 3, 2003; July 1, 2004.Amended 07/01/04 51-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 51 - PETROLEUM PRODUCT LOADING INTO TANK TRUCKS AND TRAILERS

51.1 A P ERSON shall not load any petroleum product having a V APOR pressure of 78 mm Hg (1.5 psia) or greater into any tank truck, trailer, or tank car from any loading facility dispensing 18925 kilolit ers (5,000,000 gallons) annually unless such loading facility is equipped with a V APOR collection and disposal system or its equivalent, properly installed, in good working order and in operation.

51.1.1 No person shall load any petroleum product having a vapor pressure of 78 mm Hg (1.5 psia) or greater into any tank truck, trailer or tank car from any loading facility dispensing less than 18925 kilo liters (5,000,000 gallons) annually unless such loading equipment is designed for bottom loading only or uses a submerged fill tube extending to within 76.2 mm (3 inches) of the bottom of the tank being filled.

51.2 When loading is effected through the hatc hes of a tank truck or trailer with a loading arm equipped with a V APOR collecting adaptor, a pneumatic, hydraulic or other mechanical means shall be provided to force a vapor-tight seal between the adaptor and the hatch. A means shall be provided to prevent liquid gasoline drainage from the loadi ng device when it is removed from the hatch of any tank truck or trailer, or to accomplish complete drainage before such removal.

51.3 When loading is effected through means other than hatches, all loading and V APOR lines shall be equipped with fittings which make vapor-tight connections and which close automatically when disconnected.

51.4 The V APOR disposal portion of the system shall consist of one of the following:

51.4.1 A vapor-liquid absorber system wit h a minimum recovery efficiency of 90 percent by weight of all the hydrocarbon vapors and gases entering such disposal system;Amended 07/01/04 51-2 CC Air Quality Regulations 51.4.2 A variable V APOR space tank, compressor, and F UEL gas system of sufficient capacity to receive all hydrocarbon vapors and gases displaced from the tank trucks and trailers being loaded;

51.4.3 Other equipment of at least 90 percent efficiency provided such equipment is submitted to and approved by the Air Quality C ONTROL O FFICER

.

51.5 The loading shall be accomplished in such a manner that the mixture of vapor and air displaced from the delivery vessel will be vented only to the vapor recovery system.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 53 - OXYGENATED GASOLINE PROGRAM

53.1 Area of Applicability

53.1.1 The Area of Applicability is the hydrographic basins containing the L AS V EGAS V ALLEY , the Eldorado Valley, the Iv anpah Valley, the Boulder City limits, and any area within three (3) miles of any such hydrographic basins and which is within Clark County, Nevada.

53.2 Oxygenated Fuel Program Period and Oxygen Content:

53.2.1. Within the area of applicability, from October 1 to March 31 no G ASOLINE shall be supplied, or sold by any person in tended as a final product for fueling M OTOR V EHICLES , or sold at retail, or sold to a private or a municipal fleet, for consumption or introduced into M OTOR V EHICLE by any person, unless the G ASOLINE has at least 3.5 percent oxygen content by weight.

53.2. 2 The requirements of Subsecti on 53.2.1 shall apply solely to G ASOLINE that is introduced into commerce within t he program area, and shall not be construed in any manner to prevent or discourage the introduction into commerce, and/or combustion within a vehicle, natural gas and any other energy source which has the demons trated ability to reduce vehicular emissions of carbon monoxide in am ounts equal to or greater than the average reduction expected from the oxygen content standards set in Subsection 53.2.1 of this section.

53.2. 3 Tolerance Specifications of Oxygen Content:

53.2.3.1 The specified oxygen content by weight shall not drop below the following minimum levels:

Specified Oxygen Content Acceptable Minimum (a) 2.7% [when (R+M)/2 ∃ 98] 2.43% (b) 3.5% 3.15%

53.2.3.2 If any underground storage tank containing fuel is determined to exceed the specified tolerances listed above, the C ONTROL O FFICER shall immediately lock and tag any associated dispensing no zzles as “out of order” until suchAmended 07/01/04 53-2 CC Air Quality Regulations time the C ONTROL O FFICER determines compliance with the specified tolerances listed in 53.2.3.1.

53.2.3.3 Prohibition of Use: No person shall dispense or permit the dispensing of any fuel from a nozzle tagged as “out of order” until such time that the C ONTROL O FFICER has determined compliance.

53.2.4 From October 1 to March 31: G ASOLINE s with an octane rating of 98 or greater (R+M)/2 shall contain a minimu m of 2.7% oxygen by weight via the addition of MTBE, ethanol or other oxygenate approved by EPA. The requirements of Section 53. 2.1 will not apply for these G ASOLINE s.

53.3 All O XYGENATED G ASOLINE shall be labeled at the dispensing pump and contain the following statement: The G ASOLINE dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles.

53.3.1 The label shall be pl aced on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public.

53.3.2 The label lettering shall consist of block letters of no less than 20 point bold type; in a color contrasti ng with the intended background.

53.3.3 The label may include the l ength of the mandate season and percent oxygenate content and other information.

53.4 O XYGENATED G ASOLINE Invoice Documentation:

53.4.1 All fuel delivery invo ices, notes or orders for G ASOLINE containing oxygenate shall clearly state the type of oxygenate used and the intended or estimated percent of oxygen content by weight or the intended or es timated percent of oxygenate content by volume.

53.5 Transition and Potential Closure:

53.5.1 Transition after October 1:

53.5.1.1 If a G ASOLINE storage tank received its last delivery before September 15, G ASOLINE dispensed from that tank will be exempt from enf orcement of Subsection 53.2.1.1, 53.2.2. 1(a) and 53.2.2.2(a) until the date that the first delivery is made after October 1.Amended 07/01/04 53-3 CC Air Quality Regulations 53.6 The Department of Air Quality and Environmental Management shall prepare a report to be filed with the Clark County Board of County Commissioners on May 15 of each year regard ing the results of the O XYGENATED G ASOLINE program.

53.6.1 This will include an analysis of co sts and benefits, investigations of complaints, enforcement activity , and best estimates of air quality improvements resulti ng from the program.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial Adoption: November 17, 1988. Amended: June 28, 1990; July 25, 1991; Ju ly 22, 1993; October 27, 1994; July 27, 1995; August 22, 1996; September 25, 1997; June 11, 2001; June 3, 2003; July 1, 2004.Suspended by the BCC, Effective 09/29/09 54-1 CC Air Quality Regulations 

## Suspended by the Board of County Commissioners, Effective 09/29/09

CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 54 - CLEANER BURNING GA SOLINE (CBG): WINTERTIME PROGRAM

DEFINITIONS

" ASTM " means the American Society for Testing and Materials.

“ B ARREL ” means 42 U.S. gallons.

" B ULK PURCHASER
- CONSUMER " means a P ERSON that purchases or otherwise obtains G ASOLINE in bulk and then dispenses it into the fuel tanks or MOTOR
VEHICLES owned or operated by the P ERSON

.

" B ULK PLANT " means an intermediate G ASOLINE distribution facility where delivery of G ASOLINE to and from the facility is solely by truck.

“ C AP ” or absolute limit means a standard that applies to all G ASOLINE whenever it is sold or supplied throughout the distribution system.

" CBG OR C LEANER B URNING G ASOLINE " means:

(A) G ASOLINE sold, intended for sale, or made available for sale as a M OTOR V EHICLE fuel in Clark County Nevada; and

(B) G ASOLINE that the P RODUCER knows or reasonably should know will be offered for sale or supply at an out-of-state terminal or B ULK P LANT at which it will be identified as G ASOLINE suitable for sale as a M OTOR V EHICLE fuel in Clark County, Nevada.

" CBGBOB OR C LEANER B URNING G ASOLINE BLENDSTOCK FOR OXYGENATE

BLENDING , means a petroleum-derived liquid wh ich is intended to be, or is represented as, a product that will constitute CBG upon the addition of a specified type and percentage (o r range of percentages) of O XYGENATE to theSuspended by the BCC, Effective 09/29/09 54-2 CC Air Quality Regulations product after the product has been supplied from the P RODUCTION or I MPORT F ACILITY at which it was produced or imported.

“D ESIGNATED A LTERNATIVE L IMIT OR DAL” means an alternative G ASOLINE specification limit, expressed in the neares t part per million by weight for sulfur content, nearest tenth percent by volu me for aromatic hydrocarbon content, which is assigned by a P RODUCER or I MPORTER to a F INAL B LEND of CBG pursuant to Section 54.4.

" F INAL BLEND " means a distinct quantity of G ASOLINE or a batch of CBG or CBGBOB at a P RODUCTION F ACILITY from which some or all of the quantity or batch is delivered via pipeline to Clark County and/or a distinct quantity of CBG or CBGBOB that is import ed into Clark County via either railway tankcars or trucks.

" F URTHER PROCESS " means to perform any activity on G ASOLINE , including distillation, treating with hy drogen, or blending, for t he purpose of bringing the G ASOLINE into compliance with the standards in this Section.

" G ASOLINE " means any fuel that is commonly or commercially known, sold or represented as G ASOLINE

.

" I MPORTED CBG " means CBG which is transported into Clark County, Nevada via rail car or tank truck or trailer.

" I MPORT FACILITY " means the facility at which I MPORTED CBG or CBGBOB is first received in Clark County, Nevada, including, in the case of G ASOLINE or CBGBOB imported by cargo tank and deliver ed directly to a facility for dispensing G ASOLINE into M OTOR V EHICLES , the cargo tank in whic h the CBG or CBGBOB is imported.

" I MPORTER OF CBG " means any P ERSON who first accepts delivery in Clark County, Nevada of I MPORTED CBG.

" M OTOR VEHICLE " has the same meaning as defined in Section 0.

" O XYGENATE " is any oxygen-containing, ashless, organic compound, such as an alcohol or ether, which, when added to G ASOLINE increases the amount of oxygen in G ASOLINE

.

" O XYGENATE BLENDING FACILITY " means any facility (including a truck) at which O XYGENATE is added to G ASOLINE or blendstock, and at which the quality or quantity of G ASOLINE is not altered in any other m anner except for the addition of deposit control additives or other similar additives.Suspended by the BCC, Effective 09/29/09 54-3 CC Air Quality Regulations " O XYGENATE BLENDER " means any P ERSON who owns, leases, operates, controls, or supervises an O XYGENATE B LENDING F ACILITY , or who owns or controls the blendstock or G ASOLINE used or the G ASOLINE produced at an O XYGENATE B LENDING F ACILITY

.

“P RODUCE ” means, except as otherwise provided in section (a) or (b) below, to convert liquid compounds which are not G ASOLINE into G ASOLINE . When a P ERSON blends volumes of blendstocks which are not G ASOLINE with volumes of G ASOLINE acquired from another P ERSON , and the resulting blend is G ASOLINE
, the P ERSON conducting such blending has produced only the portion of the blend which was not previously G ASOLINE . When a P ERSON blends G ASOLINE with other volumes of G ASOLINE , without the addition of blendstocks which are not GASOLINE
, the P ERSON does not produce G ASOLINE

.
(a) Where a P ERSON supplies G ASOLINE to a R EFINER who agrees in writing to F URTHER P ROCESS the G ASOLINE at the R EFINER ’s R EFINERY and to be treated as a P RODUCER of the G ASOLINE , the R EFINER shall be deemed for all purposes under this article to be the P RODUCER of the G ASOLINE

.
(b) Where a P ERSON blends O XYGENATES into G ASOLINE which has already been supplied from a G ASOLINE P RODUCTION F ACILITY or I MPORT F ACILITY , and does not alter the qua lity or quantity of the G ASOLINE in any other way, the P ERSON does not produce G ASOLINE

.

" P RODUCER " means any P ERSON who owns, leases, operates, controls or supervises a P RODUCTION F ACILITY

.

" P RODUCTION FACILITY " means a facility at which CBG or CBGBOB is produced. Upon request of a P RODUCER , the Department of Air Quality and Environmental Management may designate, as part of the P RODUCER 's P RODUCTION F ACILITY , a physically separate bulk storage facility which (A) is owned or leased by the P RODUCER , and (B) is operated by or at the direction of the P RODUCER and (C) is not used to store or distribute CBG or CBGBOB that is not supplied from the P RODUCTION F ACILITY

.

" R EFINER " means any P ERSON who owns, leases, operates, controls or supervises a R EFINERY

.

" R EFINERY " means a facility that produces li quid fuels by distilling petroleum.

"S UPPLY " means to provide or transfer a produc t to a physically separate facility, vehicle, or transportation system.Suspended by the BCC, Effective 09/29/09 54-4 CC Air Quality Regulations 54.1 Applicability of Standards; A dditional Standards; Registration

54.1.1 All sales, supplies, offer or movements of CBG for use in Clark County, Nevada, including transactions directly involving the fueling of M OTOR V EHICLES at a retail outlet or B ULK P URCHASER C ONSUMER facility.

54.1.2 Unless otherwise specifically pr ovided, this section shall apply from November 1, 1999 to March 31, 2000, and each such winter season thereafter.

54.1.3 The standards in Subsections 54.2.1and 54.2.2 shall not apply to:

(a) transactions directly involving the fueling of M OTOR V EHICLES at a retail outlet or B ULK P URCHASER -C ONSUMER facility, where the P ERSON selling, offering, or supplying the G ASOLINE demonstrates as an affirma tive defense that the exceedance of the pertinent standard was caused by G ASOLINE delivered to the retail outlet or B ULK P URCHASER

C ONSUMER facility prior to October 15 th . If a G ASOLINE storage tank received its last delivery before October 15 th

, G ASOLINE dispensed from that t ank will be exempt from enforcement of Subsections 54. 2.1, 54.2.2 and 54.5 until the date that the first delivery is made after November 1 st

.
(b) a sale, offer for sale, or supply of CBG to a REFINER if:

(1) the R EFINER F URTHER P ROCESSES the G ASOLINE at the R EFINER 's R EFINERY prior to any subsequent sale, offer for sale, or supply of the G ASOLINE , and

(2) in the case of standards applicable only to P RODUCERS or IMPORTERS , the R EFINER to whom the G ASOLINE is sold or supplied is the P RODUCER of the G ASOLINE pursuant to Section 54.

(c) G ASOLINE with an octane rating of 98 or greater (R+m)/2, also known as “Racing Fuel”:

(1) fuel within this categor y shall contain the following maximum sulfur and aromatic hydrocarbon content: Sulfur - 10 ppm by weight Aromatic Hydrocarbons - 30% by volume

(2) The requirements of the following sections shall not apply to Racing Fuel :Suspended by the BCC, Effective 09/29/09 54-5 CC Air Quality Regulations Section 54.3: Election of the Averaging Compliance Option for a G ASOLINE Supplied from a Production or I MPORT F ACILITY ; Section 54.4: D ESIGNATED A LTERNATIVE L IMITS ; Section 54.5: Election of t he Flat Limit Option for a G ASOLINE Supplied from a Production or I MPORT F ACILITY

.
54.1.4 Registration: Each P RODUCER and I MPORTER O F CBG shall register with the Department of Air Qua lity and Environmental Management by August 1, 1999 or in advance of the 1 st date that such P ERSON will produce or import CBG or CBGBOB . Registration shall be on forms prescribed by the D epartment of Air Quality and Environmental Management and s hall include a statement of acceptance of the standar ds and enforcement provisions of this regulation; and shall include a st atement of consent by the registrant that the Department of Air Qua lity and Environmental Management shall be permitted to collect samples and access documentation and records. The Department of Air Quality and Environmental Management shall mainta in a listing of all registered suppliers.

54.2 Standards

54.2.1 Standards for Sulfur Content

54.2.1.1 Maximum sulfur standard for all CBG. No P ERSON shall sell, offer for sale, supply, offer for suppl y, or transport CBG which has a sulfur content exceeding 80 parts per million by weight.

54.2.1.2 Additional flat sulfur standard for P RODUCERS and I MPORTERS . No P RODUCER or I MPORTER shall sell, offer for sa le, supply, or offer for supply from its P RODUCTION F ACILITY or I MPORT F ACILITY CBG which has a sulfur content exceeding 40 parts per million by weight, unless the transaction occurs during a period for which the P RODUCER or I IMPORTER has elected to be subject to Subsection 54.2.1.3.

54.2.1.3 Sulfur averaging compliance option for P RODUCERS and I MPORTERS . A P RODUCER or I MPORTER may designate an “averaging compliance” period of any number of days up to the period of November 1 through the following March 31. No P RODUCER or I MPORTER shall, during such period for which the P RODUCER or I MPORTER has elected to be subject to this Subsection (54.2.1.3), sell, offer for sale, supply, or offer for supply from its P RODUCTION F ACILITY or I MPORT F ACILITY CBG that on average for the period hasSuspended by the BCC, Effective 09/29/09 54-6 CC Air Quality Regulations a sulfur content exc eeding 30 parts per million by weight, unless elected:

(1) A D ESIGNATED A LTERNATIVE L IMIT for sulfur content has been established for the G ASOLINE in accordance with the requirements of Subsection 54.4,

(2) The sulfur content of the G ASOLINE does not exceed the D ESIGNATED A LTERNATIVE L IMIT , and

(3) Where the D ESIGNATED A LTERNATIVE Limit exceeds 30 parts per million, the excess sulfur content is fully offset in accordance with Subsection 54.4.2.(1).

54.2.2 Standards for Aromat ic Hydrocarbon Content

54.2.2.1 Maximum aromatic hydrocarbon st andard for all CBG. No P ERSON shall sell, offer for sale, supply, offer for supply, or transport CBG which has a aromatic hydrocarbon content exceeding 30.0 percent by volume.

54.2.2.2 Additional flat aromatic hydroc arbon standard for P RODUCERS and I MPORTERS . No P RODUCER or I MPORTER shall sell, offer for sale, supply, or offer for supply from its P RODUCTION F ACILITY or I MPORT
FACILITY CBG which has a aromatic hydrocarbon content exceeding 25.0 percent by volume, unless the transaction occurs during a period for which the P RODUCER or I MPORTER has elected to be subject to 54.2.2.3.

54.2.2.3 Aromatic hydrocarbon averaging compliance option for P RODUCERS and IMPORTERS . A P RODUCER or I MPORTER may designate an “averaging compliance” period of any number of days up to the period of Nove mber 1 through the following March 31. No P RODUCER or I MPORTER shall, during such period for which the P RODUCER or I MPORTER has elected to be subject to this Subsection (54.2.2.3), sell, offer for sale, suppl y, or offer for supply from its P RODUCTION F ACILITY or I MPORT F ACILITY CBG that on average for the period has an aromatic hy drocarbon content exceeding 22.0 percent by volume, unless elected:

(1) A D ESIGNATED A LTERNATIVE L IMIT for aromatic hydrocarbon content has been established for the G ASOLINE in accordance with the requirem ents of Subsection 54.4,

(2) The aromatic hydr ocarbon content of the G ASOLINE does not exceed the D ESIGNATED A LTERNATIVE L IMIT , andSuspended by the BCC, Effective 09/29/09 54-7 CC Air Quality Regulations (3) Where the D ESIGNATED A LTERNATIVE L IMIT exceeds 22.0 percent by volume, the ex cess aromatic hydrocarbon content is fully offset in accordance with Subsection 54.4.2(2).

54.3 Election of the Averaging Comp liance Option for a Gasoline Supplied from a Production or Import Facility

54.3.1 A P RODUCER or I MPORTER selling or supplying a F INAL B LEND of G ASOLINE from its P RODUCTION or I MPORT F ACILITY may elect pursuant to this Subsec tion 54.3.1 to have the F INAL B LEND subject to the averaging compliance option for one or more of the following properties: sulfur, aromatic hydrocarbons.

54.3.2 In order to elect to have a F INAL B LEND subject to the averaging option for a G ASOLINE property, the P RODUCER or I MPORTER shall notify the Department of Air Quality and Environmental Management of such election and of the estimated volume (in (B ARRELS ), the blend identity, the bl end batch number, and location (including tank numbers) of the F INAL B LEND

.

54.3.3 Once a P RODUCER or I MPORTER has made such an election under this Subsection 54.3.3 with respect to a G ASOLINE property, all F INAL B LENDS subsequently sold or supplied from the P RODUCTION

or I MPORT F ACILITY shall be subject to the averaging compliance option for that property until the P RODUCER or I MPORTER elects in accordance with Subsec tion 54.5 to have a F INAL B LEND at the facility subject to the flat limit compliance option for that property.

54.4 Designated Alternative Limits

54.4.1 Assignment of a D ESIGNATED A LTERNATIVE L IMIT (DAL).

(1) A P RODUCER or I MPORTER that has elected to be subject to Subsections 54.2.1.3 and/or 54.2.2.3 may assign a D ESIGNATED A LTERNATIVE L IMIT (DAL) to a F INAL B LEND of CBG produced or imported by the P RODUCER or I MPORTER by satisfying the notification requir ements in this Subsection 54.4.1. In no case shall a DA L be less than t he sulfur or aromatic hydrocarbon content, of the F INAL B LEND shown by the sample and test conducted pursuant to Section 54.10, as applicable. If a P RODUCER or I MPORTER intends to assign DALs for more than one G ASOLINE specification to a given quantity of G ASOLINE , the party shall identify the same F INAL B LEND for all DALs for the G ASOLINE

.Suspended by the BCC, Effective 09/29/09 54-8 CC Air Quality Regulations (2) The P RODUCER or I MPORTER shall notify the Department of Air Quality and Environmental Management of the estimated volume (in B ARRELS ), the D ESIGNATED A LTERNATIVE L IMIT (DAL), the blend identity, t he location and the averaging compliance period (if known) of each F INAL B LEND receiving a DAL. This notification sha ll be received by the Department of Air Quality and Environment al Management when starting physical transfer of the G ASOLINE from the P RODUCTION or I MPORT F ACILITY , and in no case less than 12 hours before the P RODUCER or I MPORTER either completes physical transfer to the common carrier pipeline or commingles the F INAL B LEND

.
(3) For each F INAL B LEND receiving a D ESIGNATED A LTERNATIVE L IMIT , the P RODUCER or I MPORTER shall notify the Department of Air Quality and Envir onmental Management with the following information for the F INAL B LEND ; final volume, fuel properties as determined under Subsection 54.10.6 and date and time of the completion of physical transfer from the P RODUCTION or I MPORT F ACILITY . This notification will be provided on the monthly summation report, Subsection 54.10.11. A F INAL B LEND receiving a DAL can have a date of physical transfer prior to November 1 if it can be demonstrated that the CBG in that F INAL B LEND is intended for sale in Clark County duri ng the period of November 1 through March 31.

(4) If, through no intentional or negligent conduct, a P RODUCER or I MPORTER cannot report within the ti me period specified in 54.4.1(2) above, the P RODUCER or I MPORTER may notify the Department of Air Quality and Environmental Management of the required data as soon as reasonably possible and may provide a written explanati on of the cause of the delay in reporting. If, based on the written explanation and the surrounding circumstances, the Department of Air Quality and Environmental Management determines that the conditions of this Subsection 54.4.1(4) have been met, timely notification shall be deemed to have occurred.

(5) The Department of Air Quality and Environmental Management shall maintain an electronic data base for tracking and monitoring blend averages, D ESIGNATED A LTERNATIVE L IMIT s, shipment volumes, and other such parameters as deemed necessary. The sole purpose of this data base will be to ensure that the Sulfur and AromaticSuspended by the BCC, Effective 09/29/09 54-9 CC Air Quality Regulations Hydrocarbons content of final delivered blends is in compliance with the specifications of this regulation.

54.4.2 Additional prohibitions regarding CBG to which a D ESIGNATED A LTERNATIVE L IMIT has been assigned.

(1) Offsetting excess sulfur. Before or after the start of physical transfer from a P RODUCTION or I MPORT F ACILITY of any F INAL B LEND of CBG to which a P RODUCER has assigned a D ESIGNATED A LTERNATIVE LIMIT for sulfur content exceeding 30 parts per million, the P RODUCER or I MPORTER shall complete physical transfer from the same P RODUCTION or I MPORT F ACILITY of CBG in suffici ent quantity and with a D ESIGNATED A LTERNATIVE L IMIT sufficiently below 30 parts per million to offset the mass of sulf ur in excess of a limit of 30 parts per million. Offsetting sh ipments can have a date of physical transfer prior to November 1 if it can be demonstrated that the CBG in that F INAL B LEND is intended for sale during the period of November 1 through March 31. Offsetting shipments must be completed by March 31.

(2) Offsetting excess aromatic hydrocarbons. Before or after the start of physica l transfer from a P RODUCTION or I MPORT F ACILITY of any F INAL B LEND of CBG to which a P RODUCER has assigned a D ESIGNATED A LTERNATIVE L IMIT for aromatic hydrocarbon content exceeding 22. 0 percent by volume, the P RODUCER or I MPORTER shall complete physical transfer from the same P RODUCTION or I MPORT F ACILITY of CBG in sufficient quantity and with a D ESIGNATED A LTERNATIVE L IMIT sufficiently below 22.0 percent by volume to offset the volume of aromatic hydrocarbons in excess of a limit of 22.0 percent. Offsetting shipments can have a date of physical transfer prior to November 1 if it can be demonstrated that the CBG in that F INAL B LEND is intended for sale during the period of November 1 thr ough March 31. Offsetting shipments must be completed by March 31.

54.5 Election of the Flat Limit Option for a G ASOLINE Supplied from a P RODUCTION or I MPORT F ACILITY

54.5.1 A P RODUCER or I MPORTER selling or supplying a F INAL B LEND of G ASOLINE from its P RODUCTION or I MPORT FACILITY may elect to have the F INAL B LEND subject to the flat lim it compliance option in accordance with this Subsection 54.5. 1. No such election may be made if there are outstanding require ments to provide offsets for the G ASOLINE property at the facility.Suspended by the BCC, Effective 09/29/09 54-10 CC Air Quality Regulations 54.5.2 A P RODUCER or I MPORTER shall notify the Depar tment of Air Quality and Environmental Management when switching from the averaging compliance option to the flat compliance option. This notification shall be received by t he Department of Air Quality and Environmental Management when star ting physical transfer of the G ASOLINE from the P RODUCTION or I MPORT F ACILITY , and in no case less than 12 hours before the P RODUCER or I MPORTER either completes physical transfer to the common carrier pipeline or commingles the F INAL B LEND . The P RODUCER or I MPORTER will not be required to make further notif ications unless and until they switch to using the averaging option as described in 54.4.1(2).

54.5.3 Once a P RODUCER or I MPORTER has made an election under this Subsection 54.5.3 with respect to a G ASOLINE property, all F INAL B LENDS subsequently sold or supplied from the production or I MPORT F ACILITY shall be subject to the flat limit compliance option for that property until the P RODUCER or I MPORTER elects in accordance with Subsection 54.3 to have a F INAL B LEND at the facility subject to the averaging compliance option for that property.

54.5.4 Once a P RODUCER or I MPORTER has made an election under this Subsection 54.5.4 with respect to a G ASOLINE property of a F INAL B LEND at a P RODUCTION or I MPORT F ACILITY , the P RODUCER or I MPORTER may not use any previously assigned D ESIGNATED A LTERNATIVE L IMIT for that property to provide offsets pursuant to the applicable provision in Subsection 54.3 for any F INAL B LEND sold or supplied from the P RODUCTION or I MPORT F ACILITY subsequently to the election.

54.6 G ASOLINE Subject to PM Alternati ve Specifications Based on the Predictive Model [Reserve]

54.7 Certified G ASOLINE Formulations Resulting in Equivalent Emission Reductions Based on M OTOR V EHICLE Emission Testing [Reserve]

54.8 Exemptions for G ASOLINE Used in Test Programs [Reserve]

54.9 Liability of P ERSON s Who Commit Violations Involving G ASOLINE that Has Not Yet Been Sold or Supplied to a M OTOR V EHICLE

54.9.1 For the purposes of this Subsec tion, each sale of CBG at retail, and each dispensing of CBG into a M OTOR V EHICLE fuel tank, shall also be deemed a sale or supply by any P ERSON who previously sold or supplied such G ASOLINE in violation of this Subsection.

54.10 Sampling, Testing and RecordkeepingSuspended by the BCC, Effective 09/29/09 54-11 CC Air Quality Regulations 54.10.1 The requirements of this Subsection shall apply to each P RODUCER I MPORTER
, or T RANSPORTER that has elected to sell, offer for sale, supply, or offer for supply CBG. These requirements apply to CBG which has been produced, imported, or transported conforming with Subsection 54.2.1.2 (Sulfur Flat St andard); Subsection 54.2.1.3 (Sulfur Averaging Compliance Option); S ubsection 54.2.2.2 (Aromatic Hydrocarbon Flat Standard); or Subsection 54.2.2.3 (Aromatic Hydrocarbon Averaging Compliance Standard). All records must contain a statement declaring whether the sample conforms to the Flat Standard or Averaging Compliance Option.

54.10.2 Sampling Procedures - In determining compliance with the standards set forth in Subsecti on 54.2, a sampling methodology acceptable per ASTM standards shall be used.

54.10.3 Test Methods - In determini ng compliance with the standards set forth in Subsection 54.2, the test methods presented in Table 1 shall be used. All ident ified test methods are incorporated herein by reference.



### TABLE 1 Subsection Gasoline Specification Test Method
54.2.1 Sulfur Content AS TM D 2622-94 AS TM D 5453-93 54.2.2 Aromatic Hydrocarbon Content AS TM D 5580-95 or AS TM D 1319

54.10.4 Equivalent Test Methods - Whenev er this Subsection provides for the use of a specified test me thod, another test method may be used following a determination by t he Department of Air Quality and Environmental Management that t he other method produces results equivalent to the results with the specified method.

54.10.5 The Department of Air Qualit y and Environmental Management or its designee will consider and allow the appropriate test reproducibility as allowed by ASTM when enforcing these standards. Enforcement of the standards at locations where G ASOLINE is sold, intended for sale, or made available for sale as a M OTOR V EHICLE fuel in Clark County, Nevada will be at the standard defined in Subsection 54.2.1.1 for sulfur content and 54.2.2.1 for aromatic hydrocarbon content.

54.10.6 Each P RODUCER shall sample and test fo r the sulfur and aromatic hydrocarbon content in each F INAL B LEND of CBG which the P RODUCER has produced, by collecting and analyzing a representative sample of G ASOLINE taken from the F INAL B LEND
,Suspended by the BCC, Effective 09/29/09 54-12 CC Air Quality Regulations using the methodologies specifi ed in Subsections 54.10.2 and 54.10.3. The P RODUCER shall maintain, for tw o years from the date of each sampling, records showi ng the sample dat e, identity of blend sampled, F INAL B LEND volume, sulfur, aromatic hydrocarbon
content.

54.10.7 Determining whether CBGBOB complies with the standards for CBG: If a P RODUCER or I MPORTER has designated a F INAL B LEND as CBGBOB the sulfur and aromatic hydrocarbon content properties for compliance with Subsections 54. 2 and 54.10 for that blend shall be determined by adding the s pecified type and amount of O XYGENATE to a representative sample of the F INAL B LEND of CBGBOB.

54.10.8 Each I MPORTER shall sample and test fo r the sulfur and aromatic hydrocarbon content in each sh ipment of CBG which the I MPORTER has imported by railway tankcars, tr ucks and trailers, by collecting and analyzing a representativ e sample of the G ASOLINE , using the methodologies specified in Subs ections 54.10.2 and 54.10.3. The I MPORTER shall maintain, for two years from the date of each sampling, records showing the sample date, product sampled, container or other vessel sampled, the volume of the shipment, sulfur and aromatic hydrocarbon content.

54.10.9 A P RODUCER or I MPORTER shall provide to t he Department of Air Quality and Environment al Management any records required to be maintained by the P RODUCER or I MPORTER pursuant to this Subsection within 20 days of a wri tten request from the Department of Air Quality and En vironmental Management if the request is received before expiration of the period during which the records are required to be maintained.

54.10.10 All parties in the distribution chain (P RODUCER , I MPORTER
, Terminals, Pipelines, Truckers, Rail Carriers, Retailers) must maintain transfer documents for a minimum of Two (2) years. The records as a minimum must contai n the type and date of transfer, blend identity, blend batch numbers, volume of transfer, container or transport type, test results, and certification that the fuel meets

CAP standards.

54.10.11 Each PRODUCER or IMPORTER electing to sale , offer for sale, supply, or offer to supply CBG pur suant to this regulation shall provide a Monthly Summation Repor t to the Department of Air Quality and Environmental M anagement no later than the 15 th of the following month. This report shall provide as a minimum, reconciliation of the month’s tr ansactions relative to theSuspended by the BCC, Effective 09/29/09 54-13 CC Air Quality Regulations requirements of Subsection 54.10. 6. Updates or revisions to estimated transaction volumes fo r Subsection 54.4.1 (2) shall be included in this report.

54.11 Requirements Pertaining to Clean er Burning Gasoline Blendstock for Oxygenate Blending (CBGBOB) and Downstream Blending

54.11.1 Requirements for O XYGENATE B LENDERS : Whenever an O XYGENATE B LENDER receives CBGBOB from a transferor to whom the O XYGENATE B LENDER has represented that he/she will add O XYGENATE to the CBGBOB, the O XYGENATE B LENDER must add to the CBGBOB O XYGENATE of the type(s) and amount (or within the range of amounts) identified in the documentation accompanying the CBGBOB.

54.11.2 No P ERSON may combine CBG which has been supplied from a production or I MPORT F ACILITY with any non-O XYGENATE blendstock, other than vapor recove ry condensate. A P ERSON may combine CBG with other blendstocks if it can be clearly demonstrated that the resulting G ASOLINE will not be sold in Clark County.

54.11.3. Notwithstanding 54.11.2, the Department of Air Quality and Environmental Management may enter into a written protocol with any P ERSON to identify conditions under which the P ERSON may lawfully blend transmix or reproc essed transmix into CBG which has been supplied from its production or I MPORT F ACILITY only if it is determined that the blending will not significantly affect the properties of the CBG.

54.11.4. Notwithst anding 54.11.2, a P ERSON may add non- OXYGENATE blendstock to CBG that does not co mply with one or more of the

CAP limits contained in sections 54.2.1.1 and 54.2. 2.1 where the P ERSON obtains the prior approval of the Department of Air Quality and Environmental Management bas ed on a demonstration that adding the blendstock is a reasonable means of bringing the

GASOLINE into compliance with the CAP limits.

54.12 Enforcement

Failure to comply with any Section of the Department of Air Quality and Environmental Management, Air Qualit y Regulations is subject to enforcement action, pursuant to Subs ection 4.7. Penalties of up to $10,000 per day per Section violat ed may be imposed, pursuant to Section 9. Variances can be reques ted, pursuant to Subsection 7.5.Suspended by the BCC, Effective 09/29/09 54-14 CC Air Quality Regulations 54.12.1 All Parties in the distributi on chain through the retail level must maintain transfer documents as s pecified in subsection 54.10.10. Any P RODUCER
, I MPORTER , Terminal, Pipeline Operator, Trucker, Rail Carrier, or Retailer that fails to test and/or maintain records per Section 54.10; sells G ASOLINE in Clark County not meeting the specifications of this regulat ion; or allows conventional G ASOLINE to be commingled with Clark County CBG, is liable for violations and may be subject to the maximum penalties of this Section.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 70 - EMERGENCY PROCEDURES

70.1 If the C ONTROL O FFICER determines that either a generalized condition of A IR P OLLUTION or the operation of one or mo re particular sources of air contaminant is causing or may cause imminent danger to human health or safety, he may declare that an episode condition such as an alert, warning or an emergency exists. The C ONTROL O FFICER may order the prohibition, restriction, reduction or discontinuance of the E MISSIONS of any air contaminant which is causing or may cause aggravation of the condition. The C ONTROL O FFICER shall utilize Section 6 of th e Air Quality Implementation Plan for the State of Nevada which is entitled, EMERGENCY EPISODE PLAN, as a guide for the actions during an episode condition.

70.2 Any order issued pursuant to S ubsection 70.1 above, shall expire by limitation 24 hours after it takes e ffect, unless affirmed and extended, modified or set aside by the Air Pollution Control H EARING B OARD within that period of time.

70.3 Enforcement of restrictions on M OTOR V EHICLE operations may be carried out by law enforcement agencies having ju risdiction within incorporated or unincorporated areas of the Department of Air Quality and Environmental Management.

70.4 The O WNER or O PERATOR of any S TATIONARY S OURCE which E MITS 100 short tons (90.7 metric tons) or more per year of any air contaminant shall prepare and submit to the C ONTROL O FFICER a standby plan for reducing or eliminating E MISSIONS of air pollutants dur ing periods of an A IR P OLLUTION Alert, A IR P OLLUTION Warning, or A IR P OLLUTION Emergency as defined in the EMERGENCY EPISODE PLAN.

70.4.1 Each such plan shall be submitted within 90 days of this regulation and shall be subject to review and approval of the C ONTROL O FFICER . Any such plan will be approved unless the C ONTROL O FFICER notifies the O WNER O R O PERATOR within 60 days that such pl an has been disapproved. The C ONTROL O FFICER will set forth reasons for any disapproval. (This subsection effective 1/28/73.)Amended 07/01/04 70-2 CC Air Quality Regulations 70.4.2 The provision of Subsection 70.4.1 shall supersede that contained as part of the EMERGENCY EPISODE PLAN which rela tes to the time of submittal of standby plans.

70.4.3 Each such plan shall identify the air pollutants E MITTED by the source, the specific facility from which each air pollutant is E MITTED , the manner in which reduction of E MISSIONS will be achieved during an A IR P OLLUTION Alert, Warning, or Emergency, and t he approximate reduction in E MISSIONS to be achieved by each reduction measure.

70.4.4 During an A IR P OLLUTION Alert, Warning, or Emergency a copy of such plan shall be made available on the source premises for inspection by the C ONTROL O FFICER

.
70.5 Upon notification by the C ONTROL O FFICER that an A IR P OLLUTION Alert, Warning, or Emergency has been declared, the O WNER O R O PERATOR of each source which has a standby plan approved by the C ONTROL O FFICER shall implement the E MISSION reduction measures specified in such plan.

70.6 Any O WNER O R O PERATOR of a S TATIONARY S OURCE not subject to the requirements of Subsection 70.1 of this section shall, when requested by the C ONTROL O FFICER in writing, prepare and subm it a standby plan in accordance with this section.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 80 - CIRCUMVENTION

80.1 A P ERSON shall not build, erect, install or u se any article, machine, equipment or other contrivance, the use of which, without resulting in a reduction in the total release of air contaminants to the atmosphere, reduces or conceals an E MISSION which would otherwise constitute a violation of these Regulations. This section shall not apply to cases in whic h the only violation involved is of Subsection 40.140 of the Nevada Revised Statutes or of Section 40 of these Regulations.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 81 - PROVISIONS OF REGULATIONS SEVERABLE

81.1 If any provision of these Re gulations or the application thereof to any person or circumstances is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the ot her provisions or applications of these Regulations which can be given eff ect without the invalid provision or application, and to this end the provis ions of these Regulations are declared to be severable.

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### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 90 - FUGITIVE DUST FROM OPEN AREAS AND VACANT LOTS

90.1 F UGITIVE D UST From O PEN A REAS AND V ACANT L OTS

90.1.1 Purpose: To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR from O PEN A REAS A ND V ACANT L OTS

.

90.1.2 Applicability: The provisions of this Regulation shall apply to O PEN A REAS A ND V ACANT L OTS which are located in the PM 10 N ONATTAINMENT A REA (H YDROGRAPHIC B ASIN 212) and the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217). Nothing in Section 90 of thes e Regulations shall be construed to prevent enforcement of Se ction 40 (Prohibition of N UISANCE Conditions) of these Regulations. The provisions of this Regulation shall not apply to Normal Farm Cultural Practices or t he raising of fowl or animals. The provisions of this Regul ation shall not apply to S TATIONARY S OURCES as defined in Section 0, exc ept that these control m easures shall be considered as part of a BACT determination.

90.1.3 Effective Date Of This Regulation:

90.1.3.1 Section 90, adopted by the Clark County Board of County Commissioners on June 22, 2000, shall be effective in H YDROGRAPHIC B ASIN 212 on January 1, 2001, except as otherwise provided herein.

90.1.3.2 Section 90 shall be effective in H YDROGRAPHIC B ASINS 216 and 217 on April 1, 2002, except as ot herwise provided herein.

90.2 Requirements:

90.2.1 O PEN A REAS A ND V ACANT L OTS : If O PEN A REAS A ND V ACANT L OTS are 5,000 square feet or lar ger and are disturbed by any means, including use by M OTOR V EHICLES and/or O FF -R OAD M OTOR V EHICLES or material dumping, then the O WNER A ND /O R O PERATOR of such O PEN A REAS A ND V ACANT L OTS shall implement one or more of the C ONTROL M EASURES described in Subsection 90.2.1.1 of this Regulation within 30 calendar days following the initial discovery of disturbance or vehicle use on O PEN A REAS A ND V ACANT L OTS . The O WNER A ND /O R O PERATOR shall implement all control measures necessary to limit the disturbanc e of open areas and______________________________________________________________________ Amended 07/01/04 90-2 CC Air Quality Regulations vacant lots in accordance with the requirements of this regulation. Advisory Notice: In order to conserve water to the greatest extent practicable, the use of R ECLAIMED W ATER is highly encouraged.

90.2.1.1 C ONTROL M EASURES :

(a) Where there is evidence of soil disturbance by M OTOR V EHICLES and/or O FF -R OAD V EHICLE use, prevent M OTOR V EHICLE and/or O FF

R OAD V EHICLE trespassing, parking, and/or access, by installing barriers, curbs, fences, gates, posts, signs, shrubs, trees, or other effective traffic Control Measures . A stable surface area shall be established and maintained by using one of the C ONTROL M EASURES set forth in Subsections 90. 2.1.1(b) or (c) or by the effective application of water in compliance with the stabilization standards set forth in Subsection 90.2.1.2. Where measures to prevent vehicular trespassing and mo vement are not effective, the application of water will not be utilized for surface stabilization. For the purposes of this Subsecti on, use of or parking on O PEN A REAS A ND V ACANT L OTS for noncommercial and non-institutional purposes by the O WNER A ND /O R O PERATOR of such O PEN A REAS A ND V ACANT L OTS shall not be considered vehicle use under this Subsection. In addition, vehicle use related to landscaping maintenance shall not be considered vehicle use under this Subsection. For the purpose of this Regulation, landsc ape maintenance does not include grading, trenching, or any other mechanized surface disturbing activities performed to establish initial landscapes or to redesign existing landscapes; or

(b) Where a D ISTURBED S URFACE A REA exists (including disturbed surfaces caused by M OTOR V EHICLES ), uniformly apply and maintain surface gravel or D UST P ALLIATIVES to all areas disturbed by M OTOR V EHICLES in compliance with one of the stabilization standards described in Subsection 90.2.1.2 of this Regulation; or

(c) Where a D ISTURBED S URFACE A REA exists (including disturbed surfaces caused by M OTOR V EHICLES and/or O FF -R OAD M OTOR V EHICLES ), apply and maintain an alternative C ONTROL M EASURE approved in writing by the C ONTROL O FFICER and the Region IX A DMINISTRATOR of the Environmental Protection Agency (EPA).

90.2.1.2 Stabilization Standards:

(a) A visible crust shall be established, as determined by Subsection 90.4.1.1 (The Drop Ba ll/Steel Ball Test) of these Regulations; or,______________________________________________________________________ Amended 07/01/04 90-3 CC Air Quality Regulations (b) A percent cover that is equal to or greater than 20% for nonerodible elements shall be es tablished, as determined by Subsection 90.4.1.2 (Rock Test Me thod) of these Regulations; or,

(c) A threshold friction velocity, corrected for non-erodible elements of 100 cm/second or higher, shall be established, as determined by Subsection 90.4.1.3 (Determination Of Threshold Friction Velocity) of this Regulation; or,

(d) An alternative test met hod approved in writ ing by the C ONTROL O FFICER and the Region IX A DMINISTRATOR of the EPA.

90.2.2 Dust Mitigation Plans Required: Any O WNER A ND /O R O PERATOR of O PEN A REAS A ND V ACANT L OTS having a cumulative area of 10,000 acres or greater must submit a dus t mitigation plan to the Department of Air Quality and Environmental Management for approval by March 31, 2003, in a format prescribed by the C ONTROL O FFICER

.

90.2.3 Mechanized Weed Abatemen t and/or Trash Removal: If machinery is used to clear weeds and/or trash from O PEN A REAS A ND V ACANT L OTS of 5,000 square feet or lar ger, then the following Cont rol Measures set forth in Subsection 90.2.3. 1 shall be applied. Advisory Notice: In order to conserve water to the greatest ex tent practicable, the use of R ECLAIMED W ATER is highly encouraged.

90.2.3.1 C ONTROL M EASURES

(a) Pre-wet surface soils before me chanized weed abatement and/or trash removal occurs; and,

(b) Maintain dust control measur es while mechanized weed abatement and/or trash removal is occurring; and,

(c) P AVE , apply gravel, apply water, or apply a suitable D UST P ALLIATIVE , in compliance with the stab ilization standards set forth in Subsection 90.2.1.2 of this R egulation, after mechanized weed abatement and/or trash removal occurs.

90.3 Record Keeping Requirements

90.3.1 Record Keeping: Any P ERSON subject to the requirements of this Regulation shall compile and retain re cords that provide evidence of C ONTROL M EASURE application, by indicati ng type of treatment or C ONTROL M EASURE , extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours of a written request.______________________________________________________________________ Amended 07/01/04 90-4 CC Air Quality Regulations 90.3.2 Record Retention: Copies of the records r equired by Subsection 90.3.1 (Record Keeping Requirements) of this Regulation shall be retained for at least one year.

90.4 Test Methods

90.4.1 Stabilization Standards For O PEN A REAS A ND V ACANT L OTS : The test methods described in Subsections 90.4. 1.1 through Subsections 90.4.1.3 of this Regulation shall be used to determine whether an O PEN A REA or a V ACANT L OT has a stabilized surface. Should a disturbed O PEN A REA or V ACANT L OT contain more than one type of disturbance, soil, or other characteristics which are visibly distinguishable, each representative surface must be tested separately for st ability in an area th at represents a random portion of the over all disturbed conditions of the site, utilizing the appropriate test methods in Subsections 90.4.1.1 thr ough Subsections 90.4.1.3 of this Regulation. Depending upon test method results, include or eliminate each representat ive surface from the to tal size assessment of the D ISTURBED S URFACE A REA ( S ).

90.4.1.1 Soil Crust Determination ( The Drop Ball Test): Drop a steel ball with a diameter of 15.9 millimeters (0. 625 inches) and a mass ranging from 16- 17 grams from a distance of 30 centim eters (one foot) directly above the soil surface. If blowsand is present, clear the blowsand fr om the surfaces on which the soil crust test method is conducted. Blowsand is defined as thin deposits of loose uncombined grai ns covering less than 50% of an O PEN A REA or V ACANT L OT which have not originated from the representative O PEN A REA or V ACANT L OT surface being tested. If material covers a visible crust, which is not blowsand, apply the test method in Subsection 90.4.1.3 (Determination Of Thre shold Friction Velocity) of this Regulation to the loose mate rial to determine whether the surface is stabilized.

(a) A sufficient crust is defined under the following conditions: once a ball has been dropped according to S ubsection 90.4.1.1 of this Regulation, the ball does not sink in to the surface, so that it is partially or fully surrounded by l oose grains and, upon removal of the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible.

(b) Randomly select each representative D ISTURBED S URFACE for the drop ball test by using a blind “over the shoulder” toss of a throwable object (for example, a metal weight with survey tape attached). Using the point of fall as the lower left hand corner, measure a 1-foot square area. Dr op the ball three times within the 1-foot by 1-foot square survey area, using a consistent pattern______________________________________________________________________ Amended 07/01/04 90-5 CC Air Quality Regulations across the survey area. The survey area shall be considered to have passed the Soil Crust Determinati on Test if at least two of the three times the ball was dropped, t he results met the criteria in Subsection 90.4.1.1(a) of this Regulat ion. Select at least two other survey areas that represent a random portion of the overall disturbed conditions of the site, and repeat this procedure. If the results meet the criteria of Subsection 90.4.1.1( a) of this Regulation for all of the survey areas tested, then the site shall be considered to have passed the Soil Crust Determination Test and shall be considered sufficiently crusted.

(c) At any given site, the existence of a sufficient crust covering one portion of the site may not represent the existence or protectiveness of a crust on another portion of the site. Repeat the soil crust test as often as necessa ry on each portion of the overall conditions of the site using the r andom selection method set forth in Subsection 90.4.1.1(b) of this Regulation for an accurate
assessment.

90.4.1.2 Rock Test Method: The Rock Test Method, which is similar to Subsection 90.4.1.3 (Determination Of Threshold Fric tion Velocity) of this Regulation, examines the wind-resistance effe cts of rocks and other non-erodible elements on disturbed surfaces. Non-er odible elements are objects larger than 1 centimeter (cm) in diameter t hat remain firmly in place even on windy days. Typically, non-erodible elements include rocks, stones, glass fragments, and hardpacked cl umps of soil lying on or embedded in the surface. Vegetation does not count as a non-erodible element in this method. The purpose of this test met hod is to estimate the percent cover of non-erodible elements on a given surface to see whether such elements take up enough space to offe r protection against windblown dust. For simplification, the following te st method refers to all non-erodible elements as “rocks.”

(a) Randomly select a 1 meter by 1 meter survey area within an area that represents the general rock di stribution on the surface (a 1 meter by 1 meter area is slightly greater than a 3 foot by 3 foot area). Use a blind “over the s houlder” toss of a throwable object (for example, a metal weight with survey tape attached) to select the survey surface and using the point of fall as the lower left hand corner, measure a 1 meter by 1 meter survey area. Mark-off the survey area by tracing a straight, visible line in the dirt along the edge of a measuring tape or by plac ing short ropes, yard sticks, or other straight objects in a square around the survey area.

(b) Without moving any of the rocks or other elements, examine the survey area. Since rocks greater t han 3/8 inch (1 cm) in diameter______________________________________________________________________ Amended 07/01/04 90-6 CC Air Quality Regulations are of interest, measure the diamet er of some of the smaller rocks to a get a sense of which rocks need to be considered.

(c) Mentally group the ro cks greater than 3/8 inch (1cm) diameter lying in the survey area into small, m edium, and large size categories. If the rocks are all approximately the sa me size, simply select a rock of average size and typical shape. Without removing any of the rocks from the ground, count the number of rocks in the survey area in each group and write dow n the resulting number.

(d) Without removing rocks, select one or two average-size rocks in each group and measure the length an d width. Use either metric units or standard units. Using a calcul ator, multiply the length times the width of the rocks to get the average dimensions of the rocks in each group. Write down the results for each rock group.

(e) For each rock group, multiply t he average dimensions (length times width) by the number of rocks c ounted in the group. Add the results from each rock group to get the total rock area within the
survey area.

(f) Divide the total rock area, calcul ated in Subsection 90.4.1.2(e) of this Regulation, by two (to get fr ontal area). Divide the resulting number by the size of the survey area (make sure the units of measurement match), and multiply by 100 for percent rock cover. For example, the total rock area is 1,400 square centimeters, divide 1,400 by 2 to get 700. Divide 700 by 10,000 (the survey area is 1 meter by 1 meter, which is 100 c entimeters by 100 centimeters or 10,000 centimeters) and multiply by 100. The result is 7% rock cover. If rock measurements ar e made in inches, convert the survey area from meters to inches (1 inch = 2.54 centimeters).

(g) Select and mark-off two additional survey areas and repeat the procedures described in Subsection 90.4.1.2(a) through Subsection 90.4.1.2(f) of this R egulation. Make sure the additional survey areas also represent the general rock distribution on the site. Average the percent cover results fr om all three survey areas to estimate the average percent of rock cover.

(h) If the average rock cover is gr eater than or equal to 20%, the surface is stable. If the average rock cover is less than 20%, follow the procedures in Subsection 90.4. 1.2(i) of this Regulation.

(i) If the average rock cover is less than 20%, the surface may or may not be stable. Follow the proc edures in Subsection 90.4.1.3 (Determination Of Threshold Fricti on Velocity) of this Regulation______________________________________________________________________ Amended 07/01/04 90-7 CC Air Quality Regulations and use the results from the rock te st method as a correction (i.e., multiplication) factor. If the rock cover is at least 1%, such rock cover helps to limit windblown dust. However, depending on the soil’s ability to release fine dust parti cles into the air, the percent rock cover may or may not be sufficient enough to stabilize the surface. It is also possible that the soil itself has a high enough Threshold Friction Velocity (TFV ) to be stable without accounting for rock cover.

(j) After completing the procedures de scribed in Subsection 90.4.1.2(i) of this Regulation, use Table 2 of this Regulation to identify the appropriate correction factor to the TFV, depending on the percent rock cover. Multiply the correcti on factor by the TFV value for a final TFV estimate that is co rrected for non-erodible elements.

90.4.1.3 Determination Of Threshold Friction Velocity (TFV): For D ISTURBED S URFACE A REAS that are not crusted or vegetated, determine TFV according to the following sieving field procedure (based on a 1952 laboratory procedure published by W. S. Chepil).

(a) Obtain and stack a set of si eves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0. 5 mm, and 0.25 mm, or obtain and stack a set of standard/commonly available sieves. Place the sieves in order according to size openings, beginning with the largest size opening at the top. Place a collector pan underneath the bottom (0.25 mm) sieve. Collect a sample of loose surface material from an area at least 30 cm by 30 cm in size, to a depth of approximately 1 cm using a brus h and dustpan or other similar device. Only collect soil samples from dry surfaces (i.e., when the surface is not damp to the touch) . Remove any rocks larger than 1 cm in diameter from the sample. Pour the sample into the top sieve (4 mm opening) and cover the sieve/ collector pan unit with a lid. Minimize escape of particles into the air when transferring surface soil into the sieve/collector pan unit. Move the covered sieve/collector pan unit by hand using a broad, circular arm motion in the horizontal plane. Complete twenty circular arm movements, ten clockwise and ten counterclockwis e, at a speed just necessary to achieve some relative horizont al motion between the sieves and the particles. Remove the lid fr om the sieve/collector pan unit and disassemble each sieve separatel y, beginning with the largest sieve. As each sieve is removed, examine it for loose particles. If loose particles have not been sifted to the finest sieve through which they can pass, reassemble and cover the sieve/collector pan unit and gently rotate it an additional ten times. After disassembling the sieve/collector pan unit, slightly tilt and gently tap each sieve, and the collector pan, so that mate rial aligns along one side. In______________________________________________________________________ Amended 07/01/04 90-8 CC Air Quality Regulations doing so, minimize escape of particl es into the air. Line up the sieves and collector pan in a row and visibly inspect the relative quantities of catch in order to determine which sieve (or whether the collector pan) contains the gr eatest volume of material. If a visual determination of relative volumes of catch among sieves is difficult, use a graduated cylinder to measure the volume. Estimate TFV for the sieve catch with the gr eatest volume using Table 1 of this Subsection, which provides a correlation between sieve opening size and TFV.

Table 1. Determination Of Threshold Friction Velocity

Tyler Sieve No. ASTM 11 Opening TFV Sieve No. (mm) (cm/s)

_____ 5 5 4 135 9 10 2 100 16 18 1 76 32 35 0.5 58 60 60 0.25 43 Collector Pan

⎯ ⎯ 30

(b) Collect at least three soil samp les which represent random portions of the overall conditions of t he site, repeat the above TFV test method for each sample and aver age the resulting TFVs together to determine the TFV uncorrected for non-erodible elements. Nonerodible elements are di stinct elements, in the random portion of the overall conditions of the site, that are larger than 1 cm in diameter, remain firmly in place during a wind episode, and inhibit soil loss by consuming part of the shear stress of the wind. Nonerodible elements include stones and bulk surface material but do not include flat or standing vegetat ion. For surfaces with nonerodible elements, determine corrections to the TFV by identifying the fraction of the survey area, as viewed from directly overhead, that is occupied by non-erodibl e elements using the following procedure. For a more detailed de scription of this procedure, see Subsection 90.4.1.2 (Rock Test Method) of this Regulation. Select a survey area of 1 meter by 1 meter that represents a random portion of the overall conditions of the site. Where many nonerodible elements lie within the survey area, separate the nonerodible elements into groups accord ing to size. For each group, calculate the overhead area for the non-erodible elements according to the following equations:______________________________________________________________________ Amended 07/01/04 90-9 CC Air Quality Regulations Eq. 1: (Average length) x (Average width) = Average Dimensions. Eq. 2: (Average Dimensions) x (Num ber of Elements) = Overhead Area. Eq. 3: Overhead Area Of Group 1 + Overhead Area Of Group 2 (etc.) = Total Overhead Area. Eq. 4: Total Overhead Area/2 = Total Frontal Area. Eq. 5: (Total Frontal Area/Survey Area) x 100 = Percent Cover Of NonErodible Elements.

Note: Ensure consistent units of measurement (e.g. square meters or square inches when calculating percent cover).

Repeat this procedure on an additional two di stinct survey areas that represent a random portion of the overall conditions of the site and aver age the results. Use Table 2 of this Subsection to identif y the correction factor for the percent cover of non-erodible elements. Mult iply the TFV by the corresponding correction factor to calculate the TFV corrected for non-erodible elements.

Table 2. Correction Factors For Threshold Friction Velocity

Percent Cover Of Non-Erodible Elements Correction Factor

Greater than or equal to 10% 5 Greater than or equal to 5% and less than 10% 3 Less than 5% and greater than or equal to 1% 2 Less than 1% None

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial adoption: June 22, 2000 Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1, 2004.Amended 7/01/04 91-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 91 - FUGITIVE DUST FROM UNPAVED ROADS, UNPAVED ALLEYS, AND UNPAVED EASEMENT ROADS

91.1 F UGITIVE D UST From Unpaved Roads, Unpaved Alleys, and Unpaved E ASEMENT Roads

91.1.1 Purpose: To limit the Emission of P ARTICULATE M ATTER into the A MBIENT A IR from unpaved roads, unpaved alleys, unpaved R OAD E ASEMENTS and unpaved access roads for utilities and railroads.

91.1.2 Applicability: The provisions of this Regulation shall apply to unpaved roads, which includes unpaved alleys, unpaved R OAD E ASEMENTS and unpaved access roads for utilities and ra ilroads which are located in the PM 10 N ON -A TTAINMENT A REA (H YDROGRAPHIC B ASIN 212) and the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217). Nothing in Subsections 91.1 through 91.3 of these Regulations shall be c onstrued to prevent enforcement of Section 40 (Prohibition of N UISANCE Conditions) of these Regulations. The provisions of this Regulation s hall not apply to non-commercial and noninstitutional private driv eways and shall not apply to horse trails, hiking paths, bicycle paths, or other similar paths t hat have been officially designated by a governing body for exclusive use for pur poses other than travel by motor vehicles. The provisions of this Regulation shall not apply to S TATIONARY S OURCES as defined in Section 0, except that these control measures shall be considered as part of a BACT determination.

91.1.3 Effective Date Of This Regulation :

91.1.3.1 Regulations 91.1 through 91.3 shall be effective in H YDROGRAPHIC B ASIN 212 on t heir adoption by the District Board of Health of Clark County on June 22, 2000.

91.1.3.2 Regulations 91.1 through 91.3 shall be effective in H YDROGRAPHIC B ASINS 216 and 217 on April 1, 2002.

91.2 Requirements:

91.2.1 Unpaved Roads: An O WNER A ND /O R O PERATOR of an unpaved road in the PM 10 N ON -A TTAINMENT A REA , shall implement one of the C ONTROL M EASURESAmended 7/01/04 91-2 CC Air Quality Regulations set forth in Subsection 91.2.1.3 of this Regulation, except as set forth in Subsection 91.2.1.1 of this Regulation. For the purpose of this R egulation, the C ONTROL M EASURES shall be considered effe ctively implemented when the unpaved roadway complies with the st abilization standards set forth in Subsection 91.2.1.4 of this Regulation. Advisory Notice: In order to conserve water to the greatest ex tent practicable, the use of R ECLAIMED W ATER is highly encouraged.

91.2.1.1 Implementation Of C ONTROL M EASURES For Existing Unpaved Roads:

91.2.1.1.1 O WNERS AND / OR O PERATORS of existing unpaved roads that were constructed prior to June 22, 2000 in H YDROGRAPHIC B ASIN 212 shall implement one of the C ONTROL M EASURES set forth Subsection 91.2.1.3 of this Regulation according to the following schedule:

(a) C ONTROL M EASURES shall be implemented for one third (1/3) of the total miles of unpaved roads having v ehicular traffic of 150 vehicles or more per day in accordanc e with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by June 1, 2001.

91 C ONTROL M EASURES shall be implemented for two thirds (2/3) of the total miles of unpaved roads having v ehicular traffic of 150 vehicles or more per day in accordanc e with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by June 1, 2002.

(c) C ONTROL M EASURES shall be implemented for all unpaved roads having vehicular traffic of 150 v ehicles or more per day in accordance with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by June 1, 2003.

(d) C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be implemented for existing unpaved roads on which vehicular traffic is equal to or greater than 150 vehicles per day that develops after June 1, 2003. C ONTROL M EASURES shall be implemented within 365 calendar days following the initial di scovery that vehicular traffic equals or exceeds 150 vehicles per day and that the road surface does not comply with the stabiliz ation standards set forth in Subsection 91.2.1.4 of th is Regulation. The C ONTROL O FFICER may require short-term stabilization of any unpaved road subject to Subsection 91.2.1.1(d).

(e) Non-federal Requirement: C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be impl emented for existing unpaved roads having vehicular traffic of less than 150 vehicles per day within 365 calendar days following the in itial discovery that the road surface does not comply with the st abilization standards set forth in Section 91.2.1.4 of this Regulati on. The requirements of thisAmended 7/01/04 91-3 CC Air Quality Regulations Subsection (91.2.1.1 (e) shall not constitute applicable State Implementation Plan requirements pur suant to Section 189 of the federal Clean Air Act. The C ONTROL O FFICER may require shortterm stabilization of any unpaved road subject to Subsection 91.2.1.1 (e)). For the purpose of this Subsection, the C ONTROL M EASURES shall be considered effectiv ely implemented when the unpaved road complies with the stabiliz ation standards set forth in Subsection 91.2.1.4 of this Regulation.

91.2.1.1.2 O WNERS AND / OR O PERATORS of existing unpaved roads that were constructed prior to April 1, 2002 in H YDROGRAPHIC B ASINS 216 and 217 shall implement one of the C ONTROL M EASURES set forth Subsection 91.2.1.3 of this Regulation according to the following schedule:

(a) C ONTROL M EASURES shall be implemented for one third (1/3) of the total miles of unpaved roads having v ehicular traffic of 150 vehicles or more per day in accordanc e with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by April 1, 2003.

(b) C ONTROL M EASURES shall be implemented for two thirds (2/3) of the total miles of unpaved roads having vehicular traffic of 150 vehicles or more per day in accordance with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by April 1, 2004.

(c) C ONTROL M EASURES shall be implemented for all unpaved roads having vehicular traffic of 150 v ehicles or more per day in accordance with Subsection 91.2.1.3 (C ONTROL M EASURES ) of this Regulation by April 1, 2005.

(d) C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be implemented for existing unpaved roads on which vehicular traffic is equal to or greater than 150 vehicl es per day that develops after April 1, 2005. C ONTROL M EASURES shall be implemented within 365 calendar days following the initial di scovery that vehicular traffic equals or exceeds 150 vehicles per day and that the road surface does not comply with the stabiliz ation standards set forth in Subsection 91.2.1.4 of th is Regulation. The C ONTROL O FFICER may require short-term stabilization of any unpaved road subject to Subsection 91.2.1.1(d).

(e) Non-federal Requirement: C ONTROL M EASURES set forth in Subsection 91.2.1.3 shall be impl emented for existing unpaved roads having vehicular traffic of less than 150 vehicles per day within 365 calendar days following the in itial discovery that the road surface does not comply with the st abilization standards set forth in Section 91.2.1.4 of this Regulati on. The requirements of this Subsection (91.2.1.1 (e) shall not constitute applicable StateAmended 7/01/04 91-4 CC Air Quality Regulations Implementation Plan requirements pur suant to Section 189 of the federal Clean Air Act. The C ONTROL O FFICER may require shortterm stabilization of any unpaved road subject to Subsection 91.2.1.1 (e)). For the purpose of this Subsection, the C ONTROL M EASURES shall be considered effectiv ely implemented when the unpaved road complies with the stabiliz ation standards set forth in Subsection 91.2.1.4 of this Regulation.

91.2.1.2 No unpaved roads or alleys may be constructed in public thoroughfares in H YDROGRAPHIC B ASIN 212 after J une 22, 2000, or in H YDROGRAPHIC B ASINS 216 and 217 after April 1, 2002, unless the unpaved road is an interim component of an active paving project.

91.2.1.3 C ONTROL M EASURES :

(a) P AVE , or

(b) Apply D UST P ALLIATIVES , in compliance with the stabilization standards set forth in Subsection 91.2.1.4 of this Regulation, or

(c) Apply and maintain and alternative C ONTROL M EASURE approved in writing by the C ONTROL O FFICER and the Region IX Administrator of the EPA.

91.2.1.4 Stabilization Standards: For the purpose of this rule, C ONTROL M EASURES shall be considered effectivel y implemented when stabilization observations for F UGITIVE Dust E MISSIONS from unpaved roads and unpaved alleys do not exceed 20% O PACITY and do not equal or exceed 0.33 oz/ft 2 silt loading, or do not exceed 6% silt content, as determined by Subsection 91.4.1 of these Regulations.

91.3 Record Keeping Requirements

91.3.1 Record Keeping: Any person subject to t he requirements of this Regulation shall compile and retain re cords that provide evidence of C ONTROL M EASURE application, by indicati ng type of treatment or C ONTROL M EASURE , extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours from written or verbal request.

91.3.2 Records Retention: Copies of the records required by Subsection 91.3.1 (Record Keeping Requirements) of this Regulation shall be retained for at least one year.

91.3.3 Reports Required: In addition to complying with the record keeping requirements specified in Subsection 91.3.1, O WNERS of unpaved roads shall be subject to the requirements se t forth in Subsection 91.2.1.1, andAmended 7/01/04 91-5 CC Air Quality Regulations shall prepare and submit a written report to the C ONTROL O FFICER documenting compliance with the provisions of Subs ection 91.2.1.1. This report shall be prepared for the y ears 2001, 2002, and 2003 for O WNERS of unpaved roads in H YDROGRAPHIC B ASIN 212, for the years 2003, 2004, and 2005 for O WNERS of unpaved roads in H YDROGRAPHIC B ASINS 216 and 217, and shall be submitted to the C ONTROL O FFICER no later than October first of each year and shall include:

91.3.3.1 The total miles of unpaved r oads under the jurisdiction of the O WNER and the miles P AVED during the reporting period subj ect to the requirements of Subsection 91.2.1.1. Miles of P AVING for roads subject to Subsections 91.2.1.1.1(a), 91.2.1.1.1( b), and 91.2.1.1.1(c) mu st be listed separately from paving of roads found to be subjec t Subsection 91.2.1.1.1 (d). Miles of P AVING for roads subject to Subsecti ons 91.2.1.1.2(a), 91.2.1.1.2(b), and 91.2.1.1.2(c) must be listed separately from pav ing of roads found to be subject Subsection 91.2.1.1.2(d).

91.4 Test Methods

91.4.1 Stabilization Test Methods For Unp aved Roads And Unpaved Alleys:

91.4.1.1 O PACITY Test Method : The purpose of this test method is to estimate the percent O PACITY of F UGITIVE D UST plumes caused by vehicle movement on unpaved roads, unpaved alleys, and unpaved E ASEMENTS . This method can only be conducted by an individual w ho has received certification as a qualified Visible E MISSIONS Evaluator.

(a) Step 1: Stand at least 16.5 feet from the F UGITIVE D UST source in order to provide a clear view of the E MISSIONS with the sun oriented in the 140-degree sector to t he back. Following the above requirements, make O PACITY observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes ar e involved, do not include more than one plume in the line of sight at one time.

(b) Step 2: Record the F UGITIVE D UST source location, source type, method of control used, if any, obs erver's name, certification data and affiliation, and a sketch of the observer's position relative to the F UGITIVE D UST source. Also, record the time, estimated distance to the F UGITIVE D UST source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the F UGITIVE D UST source, and color of the plum e and type of background on the visible emission observation form both when O PACITY readings are initiated and completed.Amended 7/01/04 91-6 CC Air Quality Regulations (c) Step 3: Make O PACITY observations, to the extent possible, using a contrasting background that is perpen dicular to the line of vision. Make O PACITY observations approximat ely 1 meter above the surface from which the plume is generated. Note that the observation is to be made at only one visual point upon generation of a plume, as opposed to visually tracking the entire length of a dust plume as it is cr eated along a surface. Make two observations per vehicle, beginning with the first reading at zero seconds and the second reading at five seconds. The zero-second observation should begin immediately after a plume has been created above the surface involved. Do not l ook continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds.

(d) Step 4: Record the O PACITY observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average O PACITY of E MISSIONS for a 5-second period. While it is not r equired by the test method, EPA recommends that the observer estima te the size of vehicles which generate dust plumes for which readings are taken (e.g. mid-size passenger car or heavy-duty tru ck) and the approximate speeds the vehicles are traveling when readings are taken.

(e) Step 5: Repeat Step 3 (Subsection 91.4.1. 1(c) of this Regulation) and Step 4 (Subsection 91.4.1.1 (d) of this Regulation) until you have recorded a total of 12 consecutive O PACITY readings. This will occur once six vehicles have driven on the source in your line of observation for which you are able to take proper readings. The 12 consecutive readings must be ta ken within the same period of observation but must not exceed 1 ho ur. Observations immediately preceding and following interrupted obs ervations can be considered consecutive.

(f) Step 6: Average the 12 O PACITY readings together. If the average O PACITY reading equals 20% or lower, t he source is in compliance with the O PACITY standard described in Section 91 of these Regulations.

91.4.1.2 Silt Content Test Method: The purpose of this test method is to estimate the silt content of the trafficked parts of unpaved roads, unpaved alleys, and unpaved E ASEMENTS . The higher the silt content, the greater the amount of fine dust particles that ar e entrained into the atmosphere when cars and trucks drive on unpaved r oads, unpaved alleys, and unpaved E ASEMENTS

.
(a) Equipment:Amended 7/01/04 91-7 CC Air Quality Regulations (1) A set of sieves with the following openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm and 0.25 mm, a lid, and collector pan

(2) A small whiskbroom or paint brush with stiff bristles and dustpan 1 foot in width (the broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length)

(3) A spatula without holes

(4) A small scale with half ounc e increments (e.g., postal/ package scale)

(5) A shallow, lightweight c ontainer (e.g., plastic storage container)

(6) A sturdy cardboard box or other rigid object with a level surface

(7) A calculator

(8) Cloth gloves (optional for handling metal sieves on hot, sunny days)

(9) Sealable plastic bags (if sending samples to a laboratory)

(10) A pencil/pen and paper

(b) Step 1: Look for a routinely trav eled surface, as evidenced by tire tracks (only collect samples from su rfaces that are not damp due to precipitation or dew). This statem ent is not meant to be a standard in itself for dampness where wa tering is being used as a C ONTROL M EASURE . It is only intended to ensure th at surface testing is done in a representative m anner. Use caution when taking samples to ensure personal safety with respec t to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four times to mark an area that is 1 s quare foot. Collect a sample of loose surface material using a whiskbroom or brush and slowly sweep the material into the dust pan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approx imate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is greater than 3/ 8 inch in depth, do not continue collecting the sample by digging in to the hard surface. In other words, you are only collecting a su rface sample of loose material down to 1 cm. In order to confirm that samples are collected to 1Amended 7/01/04 91-8 CC Air Quality Regulations cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid hor izontally across the survey area while a metric ruler is held perpendicular to the dowel.

• At this point, you can choose to place the sample collected into a plastic bag or container and take it to an independent laboratory for silt content anal ysis. A reference to the procedure the laboratory is requir ed to follow is at the end of this section.

(c) Step 2: Place a scale on a le vel surface. Place a lightweight container on the scale. Zero the sca le with the weight of the empty container on it. Transfer the entire sample collected in the dustpan to the container, minimizing esc ape of dust particles. Weigh the sample and record its weight.

(d) Step 3: Stack a set of sieves in order according to the size openings specified above, beginning wit h the largest size opening (4 mm) at the top. Place a collector pan underneath the bottom (0.25 mm) sieve.

(e) Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or br ush (on windy days, use the trunk or door of a car as a wind barricade). Cove r the stack with a lid. Lift up the sieve stack and shake it vigorous ly up, down and sideways for at least 1 minute.

(f) Step 5: Remove the lid from t he stack and disassemble each sieve separately, beginning with the top si eve. As you remove each sieve, examine it to make sure t hat all of the material has been sifted to the finest sieve through whic h it can pass; e.g. material in each sieve (besides the top sieve that captures a range of larger elements) should look the same si ze. If this is not the case, re-stack the sieves and collector pan, cover the stack with the lid, and shake it again for at least 1 minute (you only need to reassemble the sieve(s) that contain material, which requires further sifting).

(g) Step 6: After disassembling the sieves and collector pan, slowly sweep the material from the collect or pan into the empty container originally used to collect and weigh the entire sample. Take care to minimize escape of dust particles. You do not need to do anything with material captured in the siev es; only the collector pan. Weigh the container with the material from the collector pan and record its weight.Amended 7/01/04 91-9 CC Air Quality Regulations (h) Step 7: If the source is an unpav ed road, multiply the resulting weight by 0.38. If the source is an U NPAVED P ARKING L OT , multiply the resulting weight by 0.55. T he resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in Step 2 (Subs ection 91.4.1.2(c) of this Regulation) and multiply by 100 to estimate the percent silt content.

(i) Step 8: Select another two r outinely traveled portions of the unpaved road or U NPAVED P ARKING L OT and repeat this test method. Once you have calculated the silt loading and percent silt content of the 3 samples collected, av erage your results together.

(j) Step 9: Examine Results. If t he average silt loading is less than 0.33 oz/ft2, the surface is stable. If the average silt loading is greater than or equal to 0.33 oz /ft2, then proceed to examine the average percent silt content. If the source is an unpaved road, unpaved alley, or unpaved E ASEMENT and the average percent silt content is 6% or less, the surface is stable. If your field test results are within 2% of the standard (for example, 4%-8% silt content on an unpaved road, alley, or E ASEMENT ), it is recommended that you collect 3 additional samples from t he source according to Step 1 (Subsection 91.4.1.2(b) of this Regulation) and take them to an independent laboratory for silt content analysis.

(k) Independent Laboratory Analysis: You may choose to collect 3 samples from the source, according to Step 1 (Subsection 91.4.1.2(b) of this Regulation) , and send them to an independent laboratory for silt content anal ysis rather than conduct the sieve field procedure. If so, the te st method the laboratory is required to use is:

"Procedures For Laboratory Analysis Of Surface/Bulk Loading Samples", (Fifth Edition, Volume I, Appendix C.2.3 "Silt Analysis", 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina

History: Initial Adoption: June 22, 2000. Amended: November 16, 2000; December 21, 2000; June 3, 2003; July 1, 2004.Amended 08/02/11 92-1 CC Air Quality Regulations SECTION 92: FUGITIVE DUST FROM UNPAVED PARKING LOTS AND STORAGE AREAS

92.1 Fugitive Dust from Unpaved Parking Lots and St orage Ar eas ........................ 2 92.1.1 Pur pose ........................................................................................... 2 92.1.2 Applic ability ..................................................................................... 2 92.2 Defini tions ....................................................................................................... 2 92.3 Requir ements .................................................................................................. 2 92.3.1.1 New Unpaved Parkin g Lots or Stor age Area s ................................. 3 92.3.1.2. Contro l Measur es ............................................................................ 3 92.4 Performanc e Standards .................................................................................. 4 92.4.1 Stabilizati on Standar ds ................................................................... 4 92.4.2 Prohibition of Dust Over Property Line ............................................ 4 92.5 Recordkeeping Requirem ents ......................................................................... 4 92.5.1 Record keeping ................................................................................ 4 92.5.2 Records Retention .......................................................................... 4 92.6 Test Me thods .................................................................................................. 5 92.6.1 Stabilization Test Methods for Unpaved Parking Lots and Storage Areas ............................................................................................... 5 92.6.1.1 Opacity Te st Met hod ....................................................................... 5 92.6.1.2. Silt Cont ent Test Method ................................................................. 6Amended 08/02/11 92-2 CC Air Quality Regulations 92.1 Fugitive Dust from Unpaved Parking Lots and Storage Areas

92.1.1 Purpose

The purpose of this section is to limit the emission of particulate matter into the ambient air from unpaved parki ng lots, including storage areas as defined in Section 0.

92.1.2 Applicability

The provisions of this regulation s hall apply to unpaved parking lots and storage areas which are located in the PM 10 nonattainment area (Hydrographic Basin 212) or in the Ap ex Valley (Hydro graphic Basins 216 and 217), and which are not regulated by Section 94. Unpaved parking lots and storage areas include autom obile impound yards, wrecking yards, automobile dismantling yard s, salvage yards, material handling yards, equestrian staging facilities, and storage yards. For the purposes of this regulation, maneuvering s hall not include military m aneuvers or exercises conducted on federal facilities. Nothi ng in Sections 92.1 through 92.6 shall be construed to prevent enforcement of Section 40 (“Prohibition of Nuisance Conditions”). The provisions of this regulation shall not apply to stationary sources as defined in Sect ion 0, except that these control measures shall be considered as part of a BACT determination.

92.2 Definitions

(a) The following term has the mean ings set forth below for the purposes of Section 92. Any term not defined in these paragraphs shall have the meaning given in Section 0 or the Clean Air Act.

(b) “Equestrian staging area” means the area(s) used exclusively to load, unload, and saddle horses; organize riders before a ride; and park vehicles used to transport horses.

92.3 Requirements

92.3.1 The owner and/or operator of an exis ting unpaved parking lot or storage area in Hydrographic Basins 212, 216, or 217 shall implement one or more of the control measures descri bed in Section 92.3.1.2 as necessary to comply with the stabilization standar ds of Section 92.4.1. For unpaved parking lots and storage ar eas that are utilized in termittently, for a period of 35 days or less during the calend ar year, the owner and/or operator shall implement one or more of the c ontrol measures described in Section 92. 3.1.2 during the period that the unpav ed parking lot or storage area is utilized for vehicle parking or storage. For the purpose of this regulation, the control measures set forth in Se ction 92.3.1.2 sha ll be consideredAmended 08/02/11 92-3 CC Air Quality Regulations effectively implemented when the unp aved parking lot or storage area meets the stabilizatio n standards described in Section 92.4.1.

92.3.1.1 New Unpaved Parking Lots or Storage Areas

No unpaved parking lots or stor age areas may be constructed in Hydrographic Basins 212, 216, or 217 as of January 1, 2003 except as provided in this section.

(a) Exemptions. The requirements of this Section shall not be applicable to parking lots for rura l public facilities, such as trailheads, campgrounds, and similar facilities where paved parking lots would conflict with the rural nature of these facilities, provided such unpaved parking lot is stab ilized in accordanc e with Sections 92. 3.1.2(b) through (d) prior to bei ng used. For the purposes of this Section, a rural public facility shall not include any facility located within the BLM Disposal Boundary.

(b) Material Storage and Handling Areas. If an area is used for storing and handling of landscaping, aggregate, and other similar bulk materials, the owner and/or operator shall implement one or more of the control measures de scribed in Section 92. 3.1.2, subject to the approval of the C ontrol Officer, provided, however, that all access, parking, and l oading areas used by on-road vehicles shall be paved.

(c) Tracked, Non-Rubber Tired Vehi cle, or Heavy Equipment Storage Areas. If an area is used primarily for storage of nonrubber tired vehicles or equipment that the control officer has determined to be of such weight as to damage or destroy pavement (e.g., heavy equipment), the owner and/or operator sh all implement one or more of the control measures described in Section 92.3.1.2, subject to the approval of the C ontrol Officer, provided, however, that all access, parking, and l oading areas primarily used by rubber-tired vehicles shall be paved.

(d) Equestrian Staging Areas: Areas designed and used exclusively for the loading, unloading, and s addling of horses for equestrian activities shall be exempt from the paving requirements of this section if control measures appli ed to the designated areas meet the performance standards of Sect ion 92.4. Posted vehicle speed limits for vehicles using such designated areas sh all not exceed 10 miles per hour.

92.3.1.2 Control Measures

(e) Pave;Amended 08/02/11 92-4 CC Air Quality Regulations (f) Apply dust palliatives, in compli ance with the stabilization standards set forth in Section 92. 4.1;

(g) Apply dust palliatives to vehicle tr avel lanes within the parking lot or storage area in compliance with the stabilization standards set forth in Section 92.4.1, and uniformly appl y and maintain surface gravel or recycled asphalt to a depth of tw o inches on the vehicle parking
areas;

(h) Apply and maintain an alter native control measure approved in writing by the Control Officer and the EPA Region 9 Administrator.

92.4 Performance Standards

92.4.1 Stabilization Standards

For the purpose of this regulation, control measures shall be considered effectively implemented when stabilization observations for fugitive dust emissions from unpaved parking lots or storage areas do not exceed 20 percent opacity and do not equal or exceed 0.33 oz/ft 2 silt loading, or do not exceed 8 percent silt content, as determined by Section 92.6 (“Test Methods”), except in areas on whic h gravel has been applied under the provisions of Se ction 92.3.1.2(c).

92.4.2 Prohibition of Du st Over Property Line

Where Best Available C ontrol Measures provided for in this regulation have not been applie d, no owner and/or operat or of an unpaved parking lot or storage area shall permit a dust plume from that unpaved parking lot or storage area to cr oss a property line.

92.5 Recordkeeping Requirements

92.5.1 Recordkeeping

Any person subject to the requirement s of this regulation shall compile and retain records that provide evi dence of control measure application, by indicating type of treatment or cont rol measure, extent of coverage, and date applied. The records and supporti ng documentation sh all be made available to the Control Officer wit hin 24 hours of a written request.

92.5.2 Records Retention

Copies of the records required by Se ction 92.5.1 shall be retained for at least one year. Facilities subject to Section 12.5 (“Part 70 Operating Permit Requirements”) shall maintain records in accordance with Part 70 record keeping requirements.Amended 08/02/11 92-5 CC Air Quality Regulations 92.6 Test Methods

92.6.1 Stabilization Test Methods fo r Unpaved Parking Lots and Storage Areas

92.6.1.1 Opacity Test Method

The purpose of this test method is to estimate the percent opacity of fugitive dust plumes caused by vehi cle movement on u npaved parking lots and storage areas. This method can only be conducted by an individual who has received certification as a qua lified Visible Emissions Evaluator.

(a) Step 1: Stand at least 16.5 feet fr om the fugitive dust source in order to provide a clear view of the emissions, with the sun oriented in the 140-degree sector to t he back. Following the above requirements, make opacity observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes are involved, do not include more than one plume in the line of sight at one time.

(b) Step 2: Record the fugitive du st source location, source type, method of control used (if any), ev aluator’s name, certification data and affiliation, and a sketch of the obs erver's position relative to the fugitive dust source. Also, record the time, estimated distance to the fugitive dust source locati on, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), and color of the plume and type of background on the visible emission observation form when opacity readings are both initiated and completed.

(c) Step 3: Make opacity observations, to the extent possible, using a contrasting background that is per pendicular to the line of vision. Make opacity observations approximately 1 meter above the surface from which the plume is generated. Note that the observation is to be made at only one visual point upon generation of a plume, as opposed to visually tracking the entire length of a dust plume as it is created along a surface. Make two observations per vehicle, beginning with the first reading at zero seconds and the second reading at five seconds. The zero-second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefl y at zero seconds and then again at five seconds.

(d) Step 4: Record the opacity obser vations to the nearest 5 percent on an observational record sheet. Each momentary observation recorded represents the average opac ity of emissions for a five-Amended 08/02/11 92-6 CC Air Quality Regulations second period. While it is not r equired by the test method, EPA recommends that the observer estima te the size of vehicles that generate dust plumes for which r eadings are taken (e.g., mid-size passenger car or heavy-duty truck) and the approximate speeds the vehicles are traveling when readings are taken.

(e) Step 5: Repeat Steps 3 and 4 until you have recorded a total of 12 consecutive opacity readings. This will occur once six vehicles have driven on the source in your line of observation for which you are able to take proper readings. The 12 consecutive readings must be taken within the same period of obs ervation, but must not exceed 1 one hour. Observations immediately preceding and following interrupted observations can be considered consecutive.

(f) Step 6: Average the 12 opacity readings together. If the average opacity reading equals 20 percent or lower, the source is in compliance with the opacity standard described in this regulation.

92.6.1.2 Silt Content Test Method

The purpose of this test method is to estimate the silt content of the trafficked parts of unpaved parking lots and storage areas. The higher the silt content, the greater t he amount of fine dust particles that are entrained into the atmosphere when cars and tr ucks drive on unpav ed parking lots or storage areas.

(a) Equipment:

(1) Set of sieves with the fo llowing openings: 4 millimeters (mm), 2 mm, 1 mm, 0.5 mm, and 0.25 mm; a lid; and collector pan;

(2) Small whiskbroom or paintbr ush with stiff bristles and dustpan one foot in width (the broom/brush should preferably have one, thin row of bristles no longer than 1.5 inches in length);

(3) Spatula without holes;

(4) Small scale with half-ounce increments (e.g., postal/package scale);

(5) Shallow, lightweight cont ainer (e.g., plastic storage container);

(6) Sturdy cardboard box or ot her rigid object with a level surface;Amended 08/02/11 92-7 CC Air Quality Regulations (7) Basic calculator;

(8) Cloth gloves (optional for handling metal sieves on hot, sunny days);

(9) Sealable plastic bags (if sendi ng samples to a laboratory); and

(10) Pencil/pen and paper.

(b) Step 1: Look for a routinely travel ed surface, as evidenced by tire tracks (only collect samples from su rfaces that are not damp due to precipitation or dew). This statem ent is not meant to be a standard in itself for dampness where wate ring is being used as a control measure; it is only intended to ensure that surface testing is done in a representative manner. Use c aution when taking samples to ensure personal safety with respect to passing vehicles. Gently press the edge of a dustpan (1 foot in width) into the surface four times to mark an area that is 1 square foot. Collect a sample of loose surface material using a wh iskbroom or brush and slowly sweep the material into the du stpan, minimizing escape of dust particles. Use a spatula to lift heavier elements such as gravel. Only collect dirt/gravel to an approx imate depth of 3/8 inch or 1 cm in the 1 square foot area. If you reach a hard, underlying subsurface that is greater than 3/8 inch in depth, do not continue collecting the sample by digging into the hard surface. In other words, you are only collecting a su rface sample of loose material down to 1 cm. In order to confirm that samples are collected to 1 cm in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid hori zontally across the survey area while a metric ruler is hel d perpendicular to the dowel.

(1) At this point, the sample can be collected into a plastic bag or container and take it to an independent laboratory for silt content analysis. A reference to the procedure the laboratory is required to follow is at the end of this section.

(c) Step 2: Place a sca le on a level surface. Place a lightweight container on the scale. Zero the sca le with the weight of the empty container on it. Transfer the entir e sample collected in the dustpan to the container, minimizing escape of dust particles. Weigh the sample and record its weight.

(d) Step 3: Stack a set of sieves in order according to the size openings specified above, beginning with the largest size opening (4 mm) at the top. Place a co llector pan underneath the bottom (0.25 mm) sieve.Amended 08/02/11 92-8 CC Air Quality Regulations (e) Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or br ush (on windy days, use the trunk or door of a car as a wind barricade). Co ver the stack with a lid. Lift the sieve stack and shake it vigorous ly up, down, and sideways for at least 1 minute.

(f) Step 5: Remove the lid from the stack and disassemble each sieve separately, beginning wit h the top sieve. As you remove each sieve, examine it to make sure t hat all of the material has been sifted to the finest sieve through whic h it can pass; e.g., material in each sieve (besides the top sieve th at captures a range of larger elements) should look the same size . If this is not the case, restack the sieves and collector pan, cover the stack with the lid, and shake it again for at least 1 minute (y ou only need to reassemble the sieve(s) that contain material, which requires further sifting).

(g) Step 6: After disassembling the si eves and collector pan, slowly sweep the material from the collect or pan into the empty container originally used to coll ect and weigh the entire sample. Take care to minimize escape of dust particles . You do not need to do anything with material captured in the siev es; only the collector pan. Weigh the container with the material from the collector pan and record its weight.

(h) Step 7: If the source is an unp aved road, multiply the resulting weight by 0.38. If the source is an unpaved par king lot or storage area, multiply the resulting weight by 0.55. The resulting number is the estimated silt loading. Then, divide by the total weight of the sample you recorded earlier in St ep 2 and multiply by 100 to estimate the percent silt content.

(i) Step 8: Select another two rout inely traveled portions of the unpaved road or unpaved parking lo t and repeat this test method. Once you have calculated the silt l oading and percent s ilt content of the three samples collected, average your results together.

(j) Step 9: Examine the results. If t he average silt loading is less than 0.33 oz/ft 2 , the surface is stable. If the av erage silt loading is greater than or equal to 0.33 oz/ft 2 , then examine the average percent silt content. If the source is an unpaved parking lot or storage area and the average percent silt content is 8 percent or less, the surface is stable. If your field test results are within 2 percent of the standard (for example, 6-10 percent silt co ntent on an unpaved parking lot or storage area), it is recommended that you collect three additional samples from the source according to Step 1 and take them to an independent laboratory for silt content analysis.Amended 08/02/11 92-9 CC Air Quality Regulations (k) You may choose to collect three samples from the source, according to Step 1, and send them to an independent laboratory for silt content analysis rather than conduct the sieve field procedure. If so, the test method the laboratory is required to use is described in Volume 1, Appendix C.2.3 (“Silt Analysis”) of EPA’s Procedures For Laboratory Analysis of Surface/Bulk Loading Samples (1995, fifth edition).

History: Initial adoption: June 22, 2000 Amended: November 16, 2000; November 20, 2001; December 17, 2002; June 3, 2003; July 1, 2004; December 30, 2008; March 17. 2009; August 2, 2011Amended 07/01/04 93-1 CC Air Quality Regulations 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 93 - FUGITIVE DUST FROM PAVED ROADS AND STREET SWEEPING EQUIPMENT

93.1 F UGITIVE D UST From P AVED Roads and Street Sweeping Equipment

93.1.1 Purpose: To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR from P AVED roads and P AVED alleys.

93.1.2 Applicability: The provisions of this Regulation shall apply to P AVED roads and P AVED alleys which are located in the PM 10 N ONATTAINMENT A REA (H YDROGRAPHIC B ASIN 212) and the Apex Valley (H YDROGRAPHIC B ASINS 216 and 217). Nothing in Subsections 93.1 thr ough 93.4 of these Regulations shall be construed to pr event enforcement of Section 40 (Prohibition of N UISANCE Conditions) of these Regulat ions. The provisions of this Regulation shall not apply to non-commercial and non-institutional private driveways. The provisions of this Regulation shall not apply to S TATIONARY S OURCES as defined in Section 0, except that these control measures shall be considered as part of a BACT determination.

93.2 Requirements:

93.2.1 P AVED Road Development Standards: O WNERS A ND /O R O PERATORS having jurisdiction over, or owner ship of, public or private P AVED roads shall construct, or require to be cons tructed, all new or modified P AVED roads in conformance with the road shoulder wid th and drivable median stabilization requirements as specified below:

93.2.1.1 New C ONSTRUCTION , M ODIFICATION , or approvals of P AVED roads shall be constructed with a P AVED travel section, and four (4) feet of P AVED or stabilized shoulder on each side of the P AVED travel section. The four (4) feet of shoulder shall be P AVED or stabilized with a dust pa lliative or gravel to prevent the trackout of mud and dirt to the P AVED section. Where shoulder stabilization is used in place of P AVING , the stabilized shoulders must be maintained in compliance with the st abilization standards set forth in Subsection 93.2.1.5 of this Regulation.Amended 07/01/04 93-2 CC Air Quality Regulations 93.2.1.2 New C ONSTRUCTION , M ODIFICATION , or approvals of P AVED roads on which vehicular traffic is greater than or equal to 3,000 vehicles per day after March 1, 2003 shall be constructed with a P AVED travel section, and eight (8) feet of stabilized shoulder adjacent to the P AVED travel section where right-of-way is available for the stabilized shoulder. W here the right-of-way is not available for the full eight (8) feet of stabilized shoulder, curbing shall be installed adjacent to the shoulder. Stabiliz ed shoulders must be maintained in compliance with the stabilizat ion standards set forth in Subsection 93.2.1.5 of this regulation.

93.2.1.3 Where curbing is construct ed adjacent to and contiguous with the travel lane or P AVED shoulder of a road, the shoulder width design standards specified in Subsection 93.2.1.1 shall not be applicable.

93.2.1.4 Where P AVED roads are constructed, or modified with shoulders and/or medians, the shoulders and/or medians shall be constructed as set forth below. If the shoulder, median, or ex tended right-of-way is located in a limited access freeway right-of-way, then the requirements of Section 90 apply.

(a) With curbing, or

(b) With solid P AVING across the median, or

(c) Apply D UST P ALLIATIVES , in compliance with the stabilization standards set forth in Subsection 93.2.1.5 of this Regulation, or

(d) Apply two (2) inches of gravel in compliance with the stabilization standards set forth in Subsection 93.2.1.5 of this Regulation, or

(e) With materials that prevent t he trackout of mud and dirt to the P AVED section such as landscaping or decorative rock.

93.2.1.5 Stabilization Standards: For the purpose of this regulation, the unpaved shoulders and medians of P AVED roads shall be considered to have C ONTROL M EASURES effectively implemented when F UGITIVE D UST E MISSIONS do not exceed 20% O PACITY and silt loading does not equal or exceed 0.33 oz/ft 2 silt loading, as determined by Subsection 93.4.1 (Test Methods-Stabilized P AVED Road Shoulders and Medians) of these regulations, except for unpaved shoulders on which gravel has been applied under the provisions of Subsec tion 93.2.1.1. Failure to comply with either the 20% O PACITY limit or silt loading lim it indicates that the shoulder is not stable. Where gravel is utilized to prevent trackout from unpaved shoulders and medians of P AVED roads, surface gravel shall beAmended 07/01/04 93-3 CC Air Quality Regulations uniformly applied and maintained to a dept h of two (2) inches to comply with the 20% O PACITY standards set forth in Subsection 93.4.1.1 of these Regulations and the Gravel Depth And Silt Content Test Method set forth in Subsection 93.4.1.3 of these Regul ations. For the purposes of this section, the term Gravel shall include “aggregate” and shall mean unconsolidated material greater than 0.25 (1/4) inch but less than three (3) inches, and contain no more than six (6) percent silt, by dry weight, that will pass through a No. 200 sieve. Failure to comply with either the 20% O PACITY limit or the Gravel Depth And Silt Content Test Method indicates that the shoulder is not stable.

93.2.1.6 Requirements For Existing Nonconforming P AVED Roads: O WNERS A ND /O R O PERATORS having jurisdiction over, or ownership of, existing public or private P AVED roads which do not confo rm with the requirements of Subsections 93.2.1.1 through 93.2.1.5 of this Regulation, shall reconstruct, or require to be reconstruct ed, the existing nonconforming P AVED road within 365 calendar days following the initial disco very that the road fails to meet the requirements set forth in Subsecti ons 93.2.1.1 through 93.2.1.5 of these Regulations. The C ONTROL O FFICER may require short-term stabilization of any P AVED road subject to the requirem ents set forth in Subsections 93.2.1.1 through 93.2.1. of these Regulations. Other stabilization methods of equal or greater effectiveness ma y be implemented with the written approval of the C ONTROL O FFICER , providing emissions do not exceed 20% opacity, unless the US EPA Region 9 objects to such approval within ninety (90) days from t he date notification of t he proposed alternative stabilization method is sent to the US EPA Region 9 by the C ONTROL O FFICER . If the US EPA Region 9 does no t object within the ninety (90) days from the date notification, t he proposed alternative stabilization method may be implemented. If the US EPA Region 9 objects to the proposed alternative stabilization method, the proposed alternative stabilization method shall require wr itten approval from both the C ONTROL O FFICER and the US EPA Region 9 prior to the implement ation of the proposed alternative stabilization method.

93.2.2 Street Sweeper Requirements: After January 1, 2001, any O WNER A ND /O R O PERATOR which utilizes street sw eeping equipment or street sweeping services for street sweeping on P AVED roads or P AVED parking lots, shall acquire or contract to acquire only certified PM 10 -efficient street sweeping equipment.

93.2.2.1 PM 10 -Efficient Street Sweepers: For the purposes of Subsection 93.2.2 of this Regulation, a PM 10 -efficient street sweeper is a street sweeper which has been certified by the South C oast Air Quality Management District (California) (SCAQMD) to comp ly with the District’s performanceAmended 07/01/04 93-4 CC Air Quality Regulations standards set forth in SCAQMD Rule 1186 utilizing the test methods set fourth in SCAQMD Rule 1186, Appendix A.

93.2.3 Equipment Restriction: The use of dry rotary brushes and blower devices for the removal of dirt, rock, or other debris from a P AVED road or P AVED parking lot is prohibit ed without the use of sufficient wetting to limit the visible emissions to not greater than 20% opacity when measured as set forth in Subsection 93.4.1.1. The use of dry rotary brushes or blower devices without the use of wate r is expressly prohibited.

93.2.4 Crack Seal Equipment Requirements: After December 31, 2005 any O WNER A ND /O R O PERATOR which utilizes crack seal cleaning equipment shall acquire, or contract to acquire , only vacuum type crack cleaning seal equipment.

93.3 Record Keeping And Reporting Requirements

93.3.1 Record Keeping: Any P ERSON subject to the r equirements of this Regulation shall compile and retain re cords that provide evidence of C ONTROL M EASURE application, by indicati ng type of treatment or C ONTROL M EASURE , extent of coverage, and dat e applied. The records and supporting documentation shall be made available to the C ONTROL O FFICER within 24 hours of a written request.

93.3.2 Reporting Requirements: O WNERS A ND /O R O PERATORS having jurisdiction over P AVED roads shall prepare and submit a written report to the Clark County Department of Air Qua lity and Environmental Management documenting compliance with t he provisions of this Regulation. This report shall be prepared annually on a calendar y ear basis. The reports shall be transmitted no later than 90 days after t he end of the calendar year and shall include:

93.3.2.1 The total miles of P AVED roads under the jurisdiction of the O WNER A ND /O R O PERATOR and the miles of P AVED roads constructed or modified during the reporting period.

93.3.2.2 For newly constructed or modifi ed roads, documentation on how the requirements of Subsections 93.2. 1.1 through 93.2.1.5 have been met.

93.3.2.3 Other information which may be needed by the C ONTROL O FFICER for compliance with EPA requirements for enf orcement of this regulation.

93.3.3 Records Retention: Copies of the records required by Subsection 93.3.1 (Record Keeping Requirements) of this Regulation shall be retained for at least one year.Amended 07/01/04 93-5 CC Air Quality Regulations 93.4 Test Methods

93.4.1 Stabilization Test Methods For U NPAVED Shoulders And Medians of P AVED Roads:

93.4.1.1 O PACITY Test Method: The purpose of this test method is to estimate the percent O PACITY of F UGITIVE D UST plumes caused by vehicle movement on unpaved road shoulders and medians of P AVED roads. This method can only be conducted by an individual who has received certification as a qualified observer.

(a) Step 1: Stand at least 20 feet from the F UGITIVE D UST source in order to provide a clear view of the E MISSIONS with the sun oriented in the 140-degree sector to t he back. Following the above requirements, make O PACITY observations so that the line of vision is approximately perpendicular to the dust plume and wind direction. If multiple plumes ar e involved, do not include more than one plume in the line of sight at one time.

(b) Step 2: Record the F UGITIVE D UST source location, source type, method of control used, if any, obs erver's name, certification data and affiliation, and a sketch of the observer's position relative to the F UGITIVE D UST source. Also, record the time, estimated distance to the F UGITIVE D UST source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer's position to the F UGITIVE D UST source, and color of the plum e and type of background on the visible E MISSION observation form both when O PACITY readings are initiated and completed.

(c) Step 3: Make O PACITY observations, to the extent possible, using a contrasting background t hat is perpendicular to the line of vision. Make O PACITY observations approximately 3 feet above the surface from which the plume is generated. Note that the observation is to be made at only one visual point upon generation of a plume, as opposed to visually tracking the entire length of a dust plume as it is created along a surface. Make two observations per vehicle, beginning with the first reading at zero seconds and the second reading at five seconds. The zero-second observation should begin immediately after a plume has been created above the surface involved. Do not look continuously at the plume but, instead, observe the plume briefly at zero seconds and then again at five seconds.Amended 07/01/04 93-6 CC Air Quality Regulations (d) Step 4: Record the O PACITY observations to the nearest 5% on an observational record sheet. Each momentary observation recorded represents the average O PACITY of E MISSIONS for a 5-second period. While it is not requi red by the test method, EPA recommends that the observer estima te the size of vehicles which generate dust plumes for which readings are taken (e.g. mid-size passenger car or heavy-duty tru ck) and the approximate speeds the vehicles are traveling when readings are taken.

(e) Step 5: Repeat Step 3 (Subsection 93.4.1.1 (c) of this Regulation) and Step 4 (Subsection 93.4.1.1 (d) of this Regulation) until you have recorded a total of 12 consecutive O PACITY readings. This will occur once six vehicles have driven on the source in your line of observation for which you are able to take proper readings. The 12 consecutive readings must be ta ken within the same period of observation but must not exceed 1 ho ur. Observations immediately preceding and following interrupted obs ervations can be considered consecutive.

(f) Step 6: Average the 12 O PACITY readings together. If the average O PACITY reading equals 20% or lower, t he source is in compliance with the O PACITY standard described in Section 93 of these Regulations.

93.4.1.2 Silt Loading Test Method: The pur pose of this test method is to estimate the silt loading of the representative surfaces of dust palliative and untreated shoulders and medians of P AVED roads. The higher the silt loading, the greater the amount of fine dust particl es that are entrained into the atmosphere when vehicles drive on unpaved shoulders and medians of P AVED roads.

(a) Equipment:

(1) A set of sieves with the following openings: 4 millimeters (ASTM No. 5), 2 millimeters, (ASTM No. 10), 1 millimeter (ASTM No. 18), 0.5 millimet er (ASTM No. 35) and 0.25 millimeter (ASTM No. 60), (o r a set of standard/commonly available sieves), a lid, and collector pan.

(2) Equipment necessary to collect a sample of material from the surface of the subject area. (e.g., a small whisk broom or paintbrush with bristles no longer than 1.5 inches, dustpan, spatula, shallow cont ainer, sealable plastic bags.)Amended 07/01/04 93-7 CC Air Quality Regulations (3) Equipment necessary to comple te field analysis of material. (e.g., weighting scale with half once increments, calculator, writing material.)

(b) Step 1: Look for a representative surface within four (4) feet of the edge of the pavement. [Only collect samples from surfaces that are not damp due to precipitation or dew . This statement is not meant to be a standard in itself for dampness where watering is being used as a C ONTROL M EASURE . It is only intended to ensure that surface testing is done in a repr esentative manner.] Gently press the edge of a dustpan into the surfac e to mark an area that is 1 square foot. Collect a sample of loose surface material using a whiskbroom or brush and slowly sweep the material into the dustpan, minimizing escape of dust particles. Use a spatula or similar device to lift heavier elements such as gravel. Only collect dirt/gravel to an approximate depth of 3/8 inch in the 1 square foot area. If you reach a hard, underlyi ng subsurface that is less than 3/8 inch in depth, do not continue collecting the sample by digging into the hard surface. In other words, you are only collecting a surface sample of loose material down to 3/8 inch. In order to confirm that samples are collected to 3/8 inch in depth, a wooden dowel or other similar narrow object at least one foot in length can be laid horizontally across the surv ey area while a ruler is held perpendicular to the dowel.

• At this point, you can choose to place the sample collected into a plastic bag or contai ner and return to the DAQM facilities to complete the remain ing steps or take it to an independent laboratory for silt loading analysis. A reference to the procedure the laboratory is required to follow is at the end of this section.

(c) Step 2: Place a scale on a le vel surface. Place a lightweight container on the scale. Zero the sca le with the weight of the empty container on it.

(d) Step 3: Stack a set of sieves in order according to the size openings specified above, beginning with the largest size opening (4 mm) at the top. Place a co llector pan underneath the bottom (0.25 mm) sieve.Amended 07/01/04 93-8 CC Air Quality Regulations (e) Step 4: Carefully pour the sample into the sieve stack, minimizing escape of dust particles by slowly brushing material into the stack with a whiskbroom or brush, (on wi ndy days, use the trunk or door of a car as a wind barricade). Cove r the stack with a lid. Lift up the sieve stack and shake it vigorously up, down and sideways or place on a powered shaker for at least 1 minute.

(f) Step 5: Remove the lid from t he stack and disassemble each sieve separately, beginning with the top si eve. As you remove each sieve, examine it to make sure that all of the material has been sifted to the finest sieve through whic h it can pass; e.g., material in each sieve (besides the top sieve that captures a range of larger elements) should look the same size . If this is not the case, re-stack the sieves and collector pan, cove r the stack with the lid, and shake it again for at least 1 minute (you only need to reassemble the sieve(s) that contain material, which requires further sifting).

(g) Step 6: After disassembling t he sieves and collector pan, slowly sweep the material from the collect or pan into the empty container calibrated on the scale in Step 2 

### ( Subsection 93.4.1.2(c) 

### ) . Take care to minimize escape of dust particles. You do not need to do anything with material captured in the sieves; only the collector pan. Weigh the container with the mate rial from the collector pan and record its weight.

(h) Step 7: Multiply the resulting weight by 0.38. T he resulting number is the estimated silt loading.

(i) Step 8: Select another two repr esentative surfaces of the unpaved road shoulder or medi an and repeat this test method. Once you have calculated the silt loading of the 3 samples collected, average your results together.

(j) Step 9: Examine Results. If t he average silt loading is less than 0.33 oz/ft2, the surface is stable.Amended 07/01/04 93-9 CC Air Quality Regulations (k) Independent Laboratory Analysis: You may choose to collect 3 samples from the source, accordi ng to Step 1 (Subsection 93.4.1.2 (b) of this Regulation), and send them to an independent laboratory for silt loading analysis rather than conduct the sieve field procedure. If so, the test method the laboratory is required to use is:

"Procedures For Laboratory Analysis Of Surface/Bulk Loading Samples", (Fifth Edition, Volume I, Appendix C.2.3 "Silt Analysis", 1995), AP-42, Office of Air Quality Planning & Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina

93.4.1.3 GRAVEL DEPTH AND SILT CONTENT TEST METHOD: The purpose of this two (2) part test method is to estimate the gravel depth and silt content of graveled road shoulders and medians of P AVED roads. Two (2) inches of gravel are required to prev ent vehicle tires from digging through the gravel. The higher the silt content in the top inch of the gravel, the greater the amount of fi ne dust particles that are entrained into the atmosphere when vehicles drive on gravel-stabilized shoulders.

(a) Equipment necessary to collect a sample of material from the surface of the subject area, incl uding a sampling device one (1) foot by one (1) foot by one (1) inch deep, and other equipment such as, a small whisk broom or paintbrush with bristles no longer than 1.5 inches, dustpan, spatula, shallo w container, sealable plastic bags, ruler, and wood dowel or similar straight edge device.

(b) Step 1: Look for a section wit hin four (4) feet of the edge of pavement that has an existing gr avel surface that appears representative of the gr avel shoulder. Using the spatula, remove the gravel from a three (3) to fi ve (5) inch diameter area to the depth of the applied gravel surface. Make sure that the removed gravel is placed well away from the cleared area. Place a wooden dowel or other similar narrow object across the cleared survey area, and measure, perpendicular to the narrow object, to depth of the cleared area to determine the dept h of the gravel material. If the depth of the gravel material is less than two (2) inches, the area fails and is not considered stable. If the depth of the gravel material is two (2) inches or greater, go to Step 2 (Subsection 93.4.1.3 (c) of this Regulation).Amended 07/01/04 93-10 CC Air Quality Regulations (c) Step 2. Using the one (1) foot by one (1) foot by one (1) inch deep sampling frame, gently press the edges of the frame into the road shoulder surface to a depth of one (1 ) inch. Collect the sample of loose surface material using the whiskbroom, brush, spatula, and dustpan to collect the material in to the sample bag, minimizing escape of dust particles. Collect all material to a one (1) inch depth in the one (1) square foot sampling frame.

(d) Step 3. Repeat Steps 1 and 2 to obtain two (2) additional samples for a total of three (3) samples. In the event any sampled location is found to have less than (2) inches of gravel under Step 1, the shoulder is considered to be uns table. Do not proceed with additional sampling.

(e) Step 4. Laboratory Analysis: Samples collected from this source, according to Step 3 (Subsection 93.4. 1.3 (d) of this Regulation), are sent to a laboratory for silt cont ent analysis. The test method the laboratory is required to use is:

i. Wet screen the entire sample through a one (1) inch sieve.

ii. For all material passing through the one (1) inch sieve, use ASTM No. 200 wet Sieve Method to determine the percentage content of silt.

(f) Step 5: Examine Results. Average the silt content for the (3) samples. If the average silt content of the three samples is equal to or less than or six (6) percent, the surface is stable.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial adoption: June 22, 2000 Amended: November 16, 2000; November 20, 2001; December 17, 2002; March 4, 2003; June 3, 2003; July 1, 2004.Amended 07/01/04 94

- 1 CC Air Quality Regulation 

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 94 – PERMITTING AND DUST CONTROL FOR CONSTRUCTION ACTIVITIES

94.1 Purpose.

94.1.1 The purpose of this section of the Air Quality Regulations is:

(a) To limit the E MISSION of P ARTICULATE M ATTER into the A MBIENT A IR by preventing, controlling, and mitigating F UGITIVE D UST from C ONSTRUCTION A CTIVITIES ; and (b) To establish F UGITIVE D UST control standards for Clark County, define reasonable precautions for the prevention and control of F UGITIVE D UST from all C ONSTRUCTION A CTIVITIES and to establish thresholds for enforcement of these standards.

94.2 Applicability.

94.2.1 This section of the Air Q uality Regulations applies to all C ONSTRUCTION A CTIVITIES that disturb or have t he potential to disturb so ils and that emit or have the potential to emit particu late matter into the atmosphere. This section covers the requirements for a Dust Control Permit and a Dust Mitigation Plan as well as the application procedures.

94.2.2 For the purpose of this Regulation, C ONSTRUCTION A CTIVITIES include, but are not limited to, the following practices:

(a) Land clearing, maintenance, and land cleanup using machinery; (b) soil and rock excavation or removal; (c) soil or rock hauling; (d) soil or rock crushing or screening; (e) filling, compacting, stockpiling and grading; (f) explosive blasting; (g) demolition; (h) implosion;Amended 07/01/04 94

- 2 CC Air Quality Regulation (i) handling of building materials c apable of entrainment in air (e.g., sand, cement powder); (j) abrasive blasting; (k) concrete, stone, and tile cutting; (l) mechanized trenching; (m) initial landscaping; (n) operation of motorized machinery; (o) driving vehicles on a C ONSTRUCTION site; and (p) establishing and/or using stagi ng areas, parking areas, material storage areas, or access routes to or from a C ONSTRUCTION site.

94.2.3 This regulation shall not apply to oper ation of emission units or activities permitted under any other section of t he Air Quality Regulations, with the specific exception that any C ONSTRUCTION A CTIVITIES that occur at such facilities and the land area that Vari ous Location Operating Permits are located on shall be subject to this regul ation. In all permits issued under the Air Quality Regulations the provisions of this section shall be considered as part of a BACT determination.

94.2.4 This regulation shall not apply to N ORMAL F ARM C ULTURAL P RACTICES and existing equestrian facilities that are in compliance with zoning requirements.

94.2.5 This regulation shall not apply to emer gency activities that may disturb the soil, conducted by any utility or gov ernment agency in order to prevent public injury or restore critical utilities to functional status.

94.3 Definitions.

94.3.1 For the purpose of this section of t he Air Quality Regulations, terms listed in this subsection have the meanings ascribed.

94.3.2 Best Available Control Measures (BACM): means those control measures that are the best ava ilable with current technology for reducing or eliminating the release of particula te matter into the atmosphere from construction activities. These include but are not limited to all measures listed in the Construction Activiti es Dust Control Handbook as Best Management Practices, any control measure required by a Corrective Action Order, and any other control m easures required by the Control Officer.

94.3.3 Construction Activities Dust Control Handbook: means the reference manual used to complete a Dust C ontrol Permit and a Dust Mitigation Plan, and contains a listing of the Be st Management Practi ces, copies ofAmended 07/01/04 94

- 3 CC Air Quality Regulation which are on file in the office of t he Clark County Department of Air Quality and Environmental Management.

94.3.4 Department or DAQEM: means t he Clark County Nev ada, Department of Air Quality and Environmental Management.

94.3.5 Dust Mitigation Plan: means an atta chment to a Dust Control Permit that lists all the Construction Activiti es that shall occur and the Best Management Practices that shall be us ed, to mitigate dust at a permitted site. Upon approval of the applicati on the Dust Mitigation Plan becomes an enforceable part of the Dust Control Permit.

94.3.6 Gravel: means a mineral or rock aggregate ranging in size from 0.25 inch to 3 inch on its longest dimension that is either natural or the product of a mineral processing operat ion and contains no more than 6% silt, by weight.

94.4 Permits Required, Exemptions from Required Permit and Responsibility when Exempt.

94.4.1 Prior to engaging in any C ONSTRUCTION A CTIVITIES , the property O WNER

AND / OR O PERATOR
, who is the owners designee shall apply for and obtain a D UST C ONTROL P ERMIT from the Clark County D epartment of Air Quality and Environmental Management.

94.4.2 A D UST C ONTROL P ERMIT shall not be required for soil disturbing or C ONSTRUCTION A CTIVITIES less than 0.25 acre in overall area, mechanized trenching less than one hundred (100) feet in length, or for mechanical demolition of any structure smalle r than one thousand (1,000) square feet.

94.4.3 The following activities shall not require a D UST C ONTROL P ERMIT :

(a) Landscaping by an individual at his/her place of residence; (b) E MERGENCY maintenance activities conducted by governmentagencies on publicly maintained roads, road shoulders, right-ofways and on public flood control facilities; or, (c) Weed removal or dust palliative application projects conducted solely for the purpose of co mpliance with weed abatement or vacant land dust control regulati ons, wherein no grade elevation changes, no soil or rock is imported or exported, or no cut and fill operations occur. Importing of gr avel or rock for use as a dust palliative is allowed under this subsection.Amended 07/01/04 94

- 4 CC Air Quality Regulation 94.5 Permit Applications.

94.5.1 Application for iss uance or renewal of a D UST C ONTROL P ERMIT shall be made on a form and in a manner prescribed by the C ONTROL O FFICER

.
94.5.2 Each application shall be accompanied by payment of a fee in accordance with Section 18.

94.5.3 Public agency maintenance proj ects, performed by that agency’s employees, may be eligible for a waiv er of permit fees upon approval of the C ONTROL O FFICER

.
94.5.4 All applications for a D UST C ONTROL P ERMIT shall include a Dust Mitigation Plan with appropriate C ONTROL M EASURES from the Construction Activities Dust Control Handbook for every C ONSTRUCTION A CTIVITY to be conducted. Other C ONTROL M EASURES that are at least as effective as C ONTROL M EASURES contained in the Construction Ac tivities Dust Control Handbook may be implemented provided they meet t he criteria outlined in Section 2 of the introduction to the Best Management Practices section of the handbook and with the approval of the C ONTROL O FFICER

.
94.5.5 An application for a D UST C ONTROL P ERMIT for a C ONSTRUCTION project ten (10) acres or more in area, for trenc hing activities one (1) mile or greater in length, or for structure demolition using implosive or explosive blasting techniques, shall be required to submit a detailed supplement to the Dust Mitigation Plan. This supplement sha ll be in the form of a written report and shall, at minimum, detail the project description, the area and schedule of the phases of land disturbanc e, the Control M easures and the Contingency Measures to be used for all C ONSTRUCTION A CTIVITIES . This supplement shall become part of the D UST C ONTROL P ERMIT as an enforceable permit condition.

94.5.6 An application for a D UST C ONTROL P ERMIT that includes demolition of a structure One thousand (1,000) square feet or greater in area or explosive blasting of rock or soil, shall incl ude the appropriate supplemental form that is provided in Attachment 1 of t he Construction Activities Dust Control Handbook for each activity. These fo rms shall become part of the D UST C ONTROL P ERMIT as an enforceable permit condition.

94.5.7 An application for a Dust Control Pe rmit for a Construction project of fifty (50) acres or more in area shall c ontain an actual soils analysis of the entire project. The soils analysis s hall use the appropriate ASTM test method to determine soil types. If the so ils analysis identifies two or more soil types, the area of each soil type shall be shown on a map of the project. A copy of the m ap shall be included in the application for the Dust Control Permit. The soils analysis sha ll utilize at least one (1) sample taken from the top one (1) foot of so il for each soil type identified. TheAmended 07/01/04 94

- 5 CC Air Quality Regulation soils analysis shall use the appropriate ASTM test to determine the silt content and optimum moisture of the sample(s). The application for the Dust Control Permit shall contain the particulate emission potential (PEP) for each soil type identified calculated fr om the results of the soils analysis and the Silt Content vs. Optimum Moistu re Content Chart (figure 2) in the Construction Activities Dust Contro l Handbook. The choice of Best Management Practices for the Dust Mi tigation Plan may be different for each soil type area, if not, the highest PEP identified on the project shall be used.

94.5.8 The application shall be signed by the property owner or the owner’s designee as listed on the “Owner’s Designee for Dust Control Permit for Construction Activities” form.

94.5.9 Upon approval, the completed D UST C ONTROL P ERMIT application, Dust Mitigation Plan and related maps and forms shall become a part of the D UST C ONTROL P ERMIT

.

94.6 D UST C ONTROL P ERMIT Requirements.

94.6.1 Issuance or renewal of each D UST C ONTROL P ERMIT requires payment of a D UST C ONTROL P ERMIT fee in accordance with Section 18.

94.6.2 A D UST C ONTROL P ERMIT is to be granted subject to the right of inspection of such affected land without prior notice by the C ONTROL O FFICER

.
94.6.3 The permit shall be granted subjec t to, but not limited to, the following conditions:

(a) The permittee is responsible for ensuring that all P ERSONS abide by the conditions of the permit and these regulations; (b) The permittee is responsible for supplying complete copies of the D UST C ONTROL P ERMIT including the Dust Mitigation Plan, to all project contractors and subcontractors; and, (c) The permittee is responsible for all permit conditions, until a Certificate of Project Completion (form DCP 08 see Attachment 1) has been submitted by the permitt ee and approved by the Control Officer.

94.6.4 The signature of the O WNER AND / OR O PERATOR who is the O WNER ’s designee on the D UST C ONTROL P ERMIT shall constitute agreement to accept responsibility for meeting t he conditions of the permit and for ensuring that Best Available C ontrol Measures are implemented throughout the project site.Amended 07/01/04 94

- 6 CC Air Quality Regulation 94.6.5 Requirements and conditions of the D UST C ONTROL P ERMIT shall be made a part of the specifications of the C ONSTRUCTION contract between the owner and prime contractor and contra cts between the prime contractor and applicable subcontractors. Said c ontracts must provide a monetary allowance for any dust control options specified in the Dust Mitigation Plan. The amount of the allowance may be specified either by the OWNER
, competitively bid, or negotiat ed by and amongst the parties.

94.6.6 Projects less than 0. 25 acres in area under common control that are either contiguous or separated onl y by a public or private roadway and that cumulatively equal or exceed 0.25 acre in area are also required to obtain a D UST C ONTROL P ERMIT . These projects are required to meet all D UST C ONTROL P ERMIT requirements based on cumulati ve area. All contiguous projects under common control may be required to obtain and operate under a single permit, at the discretion of the C ONTROL O FFICER

.

94.6.7 A D UST C ONTROL P ERMIT shall be required for routine, public agency road maintenance, road shoulder main tenance, flood control facility maintenance, and maintenance activities that disturb soil and are capable of causing F UGITIVE D UST . Such Dust Control Permits may be issued based upon written monthly, quarterl y, semi-annual, or annual schedules of work for routine maintenance activi ties. Such permits shall include a Dust Mitigation Plan listing all activiti es to be performed that may disturb the soil, and shall include B EST M ANAGEMENT P RACTICES for all these activities. Public agencies shall quant ify miles and acres of maintenance activities to be performed under the c onditions of the Dust Control Permit.

94.6.8 The permit holder shall notify the D EPARTMENT OF A IR Q UALITY AND E NVIRONMENTAL M ANAGEMENT in writing within ten (10) days following the cessation of active operati ons on all or part of a C ONSTRUCTION site when cessation will extend thirty (30) days or longer.

94.6.9 A Dust Control Permit is valid fo r one calendar year from the date of issuance.

94.6.10 A complete copy of the Dust C ontrol Permit shall be kept on the project site at all times that Construction Ac tivities occur and made available upon request of the Control Officer.

94.7 General and Administrative Standards.

94.7.1 Anyone engaging in C ONSTRUCTION A CTIVITIES on a site having a Dust Control Permit shall be subject to all conditions set forth in that permit. Failure to comply with any condition se t forth in the permit shall be in violation of this section of the Air Quality Regulations.Amended 07/01/04 94

- 7 CC Air Quality Regulation 94.7.2 The Construction Activities Dust Control Handbook, excluding all attachments, is adopted and made a part of this section of the Air Quality Regulation, as if it were fully set forth herein, except as amended by this Regulation.

94.7.3 D UST C ONTROL P ERMIT : Restrictions on i ssuance; Suspension; Revocation; Requirement for Bond; Right to Appeal:

94.7.3.1 Permits shall not be issued to an applicant having outstanding unpaid DAQEM fees and/or penalties, not under appeal.

94.7.3.2 If an O WNER AND / OR O PERATOR has three (3) Notices of Violation that have been adjudicated by the H EARING O FFICER at the same project for which the Dust Control Permit was issued, the C ONTROL O FFICER or his/her representative may suspend or revo ke the permit. Upon suspension or revocation of a permit, all activities t hat are authorized by that permit shall cease. The C ONTROL O FFICER shall post notices of suspension or revocation conspicuously on the property involved. The not ice shall state the reasons and indicate the dat e and time of suspension and/or revocation. The suspension or revocati on shall remain in effect until such time as rescinded by the C ONTROL O FFICER . If the permit has been suspended, the permit may be reinstated. If revoked, a new permit will not be issued until an application is made and fees paid in accordance with Section 18 of these regulations. T he permittee shall have a right to hearing before the H EARING O FFICER within five (5) working days from date of issuance of the suspens ion or revocation. Alternatively, in such instances, the C ONTROL O FFICER may require compliance with Subsection 94.7.6 for all operators of earth mo ving or soil disturbing equipment.

94.7.3.3 If during any 180 day period an O WNER AND / OR O PERATOR has three (3) N OTICES OF V IOLATION that have been adjudi cated by the H EARING O FFICER for the same construction site, the C ONTROL O FFICER shall require the posting of a surety bond to ensure im plementation of the mitigation measures set forth in the approved Du st Control Permit for the subject site. If an O WNER AND / OR O PERATOR has two (2) or more N OTICES OF V IOLATION that have been adjudicated by the H EARING O FFICER from the DAQEM for: failure to obtain a Dust Control Permit; failure to implement B EST M ANAGEMENT P RACTICES ; or failure to comply with a Corrective Action Order, the C ONTROL O FFICER may, as a conditi on of obtaining or maintaining a Dust Control Permit, issue a Corrective Action Order requiring the O WNER AND / OR O PERATOR to post a surety bond to ensure the implementation of the miti gation measures set forth in said Dust Control Permits.Amended 07/01/04 94

- 8 CC Air Quality Regulation The O WNER AND / OR O PERATOR shall provide the C ONTROL O FFICER the surety bond executed in a form acceptable to the C ONTROL O FFICER for the approved Dust Control Permit as t he principal with a corporation authorized to transact surety busine ss in the State of Nevada. The O WNER

AND / OR O PERATOR shall condition the sure ty bond upon the faithful performance of all other conditions of the permit and faithful compliance with the provisions of t hese regulations. The surety bond shall remain in effect until the construction activity specified in the said Dust Control Permit is complete and the department closes the said Dust Control Permit. The amount of each bond required by this section shall equal the estimated cost of im plementing the dust C ONTROL M EASURES set forth in the approved Dust Control Permit plus an additional 10% of the estimated cost to cover contingencies, as determined by the DAQEM.

94.7.3.4 Any P ERSON aggrieved by a decision of the C ONTROL O FFICER pursuant to this section may appeal in acco rdance with Section 7 of these Regulations.

94.7.4 Corrective Action Orders (CAO) a nd Notices of Violation (NOV).

94.7.4.1 If it is found that any provision of Section 94, a D UST C ONTROL P ERMIT
, or a Dust Mitigation Plan has not been complied with, the C ONTROL O FFICER may issue a Corrective Action Order to any O WNER AND / OR O PERATOR or other P ERSON that they may be in violati on of these regulations and said finding shall be corrected within a spec ified period of time, dependent upon the scope and extent of the problem.

94.7.4.2 The failure to comply with the co rrective measures of a Corrective Action Order within the specified period of time shall be a violation of this section of the Air Quality Regulations.

94.7.4.3 Regardless of whether a Correct ive Action Order has been issued, the C ONTROL O FFICER may issue a Notice of Violation upon determination that the O WNER AND / OR O PERATOR is out of compliance with any provisions of this section of the Air Quality Regulations, a D UST C ONTROL P ERMIT , a Dust Mitigation Plan, or upon the failure to comply with a previously issued Corrective Action Order.

94.7.4.4 The C ONTROL O FFICER , or his/her designee shall be further empowered to enter upon any said land where any loos e soil or dust problem exists, and to take such remedial and corrective action as may be deemed appropriate to cope with and relieve, r educe, or remedy the loose soil, dust situation or condition, when the O WNER AND / OR O PERATOR fails to do

so.Amended 07/01/04 94

- 9 CC Air Quality Regulation 94.7.4.4.1 Any cost incurred in connection with any such remedial or corrective action by the Department of Air Quality and Environmental Management or any P ERSON acting for the Department of Air Quality and Environmental Management shall be reimbursed by the land O WNER AND / OR O PERATOR . If these costs are not reimbursed the C ONTROL O FFICER may request a lien be placed on the subject l ands that shall remain in full force and effect until any and all such costs have been collected.

94.7.4.5 Any additional C ONTROL M EASURES prescribed by the C ONTROL O FFICER in a Corrective Action Order, issued to t he holder of a Dust Control Permit, shall become a part of that permit’s Dust Mitigation Plan.

94.7.5 Dust Control Monitor.

94.7.5.1 Any C ONSTRUCTION project having 50 acres or more of actively disturbed soil at any given time s hall be required by the C ONTROL O FFICER to have in place an individual designated as t he Dust Control Monitor with full authority to ensure that dust C ONTROL M EASURES are implemented, including inspections, record keeping, deployment of resources, and shutdown or modification of C ONSTRUCTION A CTIVITIES as needed. This individual shall be listed on the Constr uction Site Dust Control Monitor form provided in Attachment 1 of the Construction Activities Dust Control Handbook.

94.7.5.2 A Dust Control M onitor shall also be required for individually permitted projects that have less than fifty (50) acres of actively disturbed soil if they

are: (a) under common control and are either contiguous or separated by a public or private roadway and cumula tively have fifty (50) acres or more of actively disturbed soil; or (b) under common control and not c ontiguous, but are contained within a common master-planned community and cumulatively have fifty (50) acres or more of disturbed soil.

94.7.5.3 The Dust Control Monitor shall be present at all times C ONSTRUCTION A CTIVITIES occur on the project site and sha ll devote the majority of his/her time specifically to managing dust prevention and control on the site.

94.7.5.4 The requirement for a Dust Control Monitor shall lapse when: (a) the area of actively disturbed soil becomes less than fifty (50)

acres; (b) the previously disturbed areas have been stabilized in accordance with the requirements of these Regulations; and, (c) the stabilization has been approved and the acreage verified by the C ONTROL O FFICER

.Amended 07/01/04 94

- 10 CC Air Quality Regulation 94.7.5.5 A Dust Control Monitor shall be considered qualified when he/she has met the following minimum qualifications: (a) successfully completed the Basic Dust Control Class; (b) successfully completed the Dust Control Monitor Class; (c) two years of experience in the C ONSTRUCTION industry; and, (d) successfully completed a course that certifies hi m/her in Visual Emissions Evaluation (VEE) t hat has been approved or is conducted by the C ONTROL O FFICER

.

94.7.5.6 For a Dust Control Monitor to ma intain his/her certification he/she must successfully complete the Dust Contro l Monitor class at least once every three years.

94.7.6 Dust Control Class.

94.7.6.1 The C ONSTRUCTION site superintendent or other designated on-site representative of the project developer and all construction site supervisors and foremen shall be requi red to have successfully completed a Clark County Department of Air Quality and Envir onmental Management Dust Control Class.

94.7.6.2 Water truck and wate r pull driver(s) for each C ONSTRUCTION project shall be required to have successfully comple ted a Clark County Department of Air Quality and Environmental Management Dust Control Class.

94.7.6.3 All individuals required to att end and successfully complete the Dust Control Class shall do so at least once every three years.

94.7.6.4 C ONSTRUCTION site workers and equipment oper ators, may be required to attend a Dust Control Class as a remedial or corrective measure.

94.7.7 Signage Requirements.

94.7.7.1 For each Dust Control Permit issued where the project site is less than or equal to ten (10) acres, or for trenching projects between one hundred (100) feet and one (1) mile in length, or for demolitio n of a structure totaling one thousand (1,000) square feet or more, the permittee shall install a sign on the project site prior to commencing C ONSTRUCTION A CTIVITY that is visible to the public and measures, at minimum, four (4) feet wide by four (4) feet high, c onforming to Department policy on Dust Control Permit Design and Posting of Signage listed in Attachment 4 of the Construction Activities Dust Control Handbook.Amended 07/01/04 94

- 11 CC Air Quality Regulation 94.7.7.2 For each Dust Control Permit issued where the project site is over ten (10) acres, or for trenching projects aggr egating one (1) mile or greater in length, the permittee shall install a sign on the project site prior to commencing C ONSTRUCTION A CTIVITY and visible to the public and measures, at minimum, eight (8) f eet wide by four (4) feet high, conforming to Department policy on Dust Control Permit Design and Posting of Signage listed in Attachment 4 of the Construction Activities Dust Control Handbook.

94.7.7.3 Projects shorter than two (2) w eeks in duration may request a waiver of the requirement of posting a D UST C ONTROL P ERMIT Sign.

94.7.8 Record Keeping.

94.7.8.1 On a site having a Dust Control Pe rmit a written record of self inspection shall be made each day soil disturbing wo rk is conducted. The “Record of Daily Dust Control” form provided in Appendix A of the Construction Activities Dust Control Handbook, or other written record that provides at a minimum the same information, shall be completed.

94.7.8.2 Records of C ONSTRUCTION site self inspections shall be kept for a minimum of one (1) year or for six (6 ) months beyond the project duration, whichever is longer. Self inspection records include daily inspections for crusted or damp soil, trackout c onditions and cleanup measures, daily water usage, D UST S UPPRESSANT application records, etc.

94.7.8.3 For C ONTROL M EASURES involving chemical or organic soil stabilization, records shall indicate the type of product applied, vendor name, label instructions for approved us age, and the method, frequency, concentration, and quantity of application.

94

. 8 Soil Stabilization Standards.

94.8.1 All permittees, contractors, OWNERS , operators, or other P ERSONS involved in C ONSTRUCTION A CTIVITIES shall employ C ONTROL M EASURES as set forth in the Construction Activities Dust Control Handbook.

94.8.2 One or a combination of the following methods shall be used to maintain dust control on all disturbed soils on Construction Sites and staging areas:

(a) The soil shall be maintained in a sufficiently damp condition to prevent loose grains of soil from becoming dislodged when the disturbed soil is tested using t he Drop Ball Test outlined in Subsection 94.12.5; or (b) The soil shall be crusted over by application of water, as demonstrated by the Drop Ball Te st outlined in Subsection 94. 12.5;

orAmended 07/01/04 94

- 12 CC Air Quality Regulation (c) The soil shall be completely co vered with clean gravel or treated with a D UST S UPPRESSANT approved by the C ONTROL O FFICER , to the extent necessary to pass a Drop Ball Test outlined in Subsection 94.12.5.

94.8.3 When a C ONSTRUCTION site or part thereof becom es inactive for a period of thirty (30) days or longer, long- term stabilization shall be implemented within ten (10) days following the cessation of active operations.

94.8.4 Stockpiles located within one hundred (100) yards of occupied buildings shall not be constructed over eight (8) feet in height.

94.8.5 Stockpiles over eight (8) feet hi gh shall have a road bladed to the top to allow water truck access or shall have a sprinkler irrigation system installed, used and maintained.

94.9 Best Available Control Measures (BACM)

94.9.1 Any P ERSON who engages in a Construction Activity as defined in this regulation shall employ BACM fo r the purpose of dust control.

94.9.2 All C ONTROL M EASURES that are necessary to maintain soil stability as well s those listed in an approved Dust Mi tigation Plan, shall be implemented twenty four (24) hours a day, seven (7) days a week, until the permit is closed in accordance with Subsection 94.6.3(c).

94.9.3 In the event there are wind conditions that cause F UGITIVE D UST E MISSIONS ; in excess of 20% O PACITY using the Time Averaged Method or Intermittent Emissions Method, in excess of 50% O PACITY using the Instantaneous Method, or one hundred (100) yards in length from the point of origin, in spite of the use of Best Available C ONTROL M EASURES , all C ONSTRUCTION A CTIVITIES that may contribute to these emissions shall immediately cease. Water trucks and water pulls shall continue to operate under these circumstances, unless wi nd conditions are such that the continued operation of wateri ng equipment cannot reduce F UGITIVE D UST E MISSIONS or that continued equipment operation poses a safety hazard.

94.9.4 If a Dust Control Permi t is not required, the O WNERS , operators, or any other P ERSON involved in C ONSTRUCTION A CTIVITIES shall employ B EST M ANAGEMENT P RACTICES
, as set forth in the Construction Activities Dust Control Handbook and comply with the so il stabilization standards listed in Subsections 94.8 and emissions standar ds listed in Subsection 94.11.

94.10 C ONSTRUCTION A CTIVITIES Violations.Amended 07/01/04 94

- 13 CC Air Quality Regulation 94.10.1 Any of the following circumstances constitute a violation of the Clark County Air Quality Regulations: (a) Failure to obtain an approved D UST C ONTROL P ERMIT before engaging in activities that disturb or have the potential to disturb soils and/or cause or have the potential to cause F UGITIVE D UST to enter the air. (b) Failure to obtain an approved D UST C ONTROL P ERMIT for all areas subject to C ONSTRUCTION A CTIVITIES

. (c) Conducting a C ONSTRUCTION A CTIVITY as defined by Subsection 94.2 for which no specified contro l option is indicated in the approved D UST C ONTROL P ERMIT or the Dust Mitigation Plan. (d) Failure to perform any duty to allow or carry out an inspection, entry, or monitoring activity r equired by the Department of Air Quality and Environmental Management. (e) Failure to renew or obtai n a new permit, prior to a D UST C ONTROL P ERMIT expiring, provided the site does not meet the exemption requirements for a D UST C ONTROL P ERMIT as defined in Subsection 94.4.2. (f) Failure to implement any item t hat is listed as a “Requirement” in the Best Management Practices se ction of the Construction Activities Dust Control Handbook for an applicable Construction Activity. (g) Failure to implement any B EST M ANAGEMENT P RACTICE listed in an approved D UST C ONTROL P ERMIT / Dust Mitigation Plan. (h) Failure to maintain static (not actively worked) project soils with adequate surface crusting to prevent wind erosion as measured by test method “Soil Crust Determination (The Drop Ball Test)” in Subsection 94.12.5, or alternativ e control measures approved in the Dust Mitigation Plan. (i) Failure to comply with any re cord keeping requirements of this section. (j) Failure to maintain project haul routes or haul roads in a stable condition as measured by the Inte rmittent Emissions test method outlined in Section 94.12.3. (k) Failure to have a Dust Control Monitor in place, per Subsection 94.7.5, for a Construction project. (l) Allowing F UGITIVE D UST emissions to exceed the standards set forth in Subsection 94.11.1 through 94.11.4. (m) Using a dry rotary brush or blow er device without sufficient water to limit emissions per Subsection 94.11.5. (n) Allowing mud or dirt to be tr acked out onto a paved road that exceed the standards set forth in Subsection 94.11.6.Amended 07/01/04 94

- 14 CC Air Quality Regulation (o) Failure to comply with any other provision of this section.

94.11 Emission Standards.

94.11.1 No P ERSON shall cause or permit the handli ng, transporting, or storage of any material in a manner that allows visible emissions of particulate matter to exceed: 20% O PACITY using the Time Averaged Method or the Intermittent Emissions Method; 50% O PACITY using the Instantaneous Method. These Test Methods are set forth in Subsection 94.12.

94.11.2 No P ERSON shall cause or permit the handli ng, transporting, or storage of any material in a manner that allo ws a dust plume that extends one hundred (100) yards or more, horizontally or vertically, from the point of origin.

94.11.3 Where a D UST C ONTROL P ERMIT is required and has not been issued or in the event Best Available C ONTROL M EASURES have not been fully implemented, no P ERSON shall cause or permit the handling, transportation, or storage of any mate rial in a manner that exceeds the limits listed in any one of the following: (a) The limits set forth in Subsection 94.11.1; or (b) Allow a dust plume to extend more than one hundred (100) feet, horizontally or vertically, fr om the point of origin; or (c) Allow a dust plume to cross a property line.

94.11.4 Visible emissions from abrasive blasting shall be limited to no more than an average of 40% O PACITY for any period aggregating three (3) minutes in any sixty (60) minute period, utilizing the test method set forth in Subsection 94.12.

94.11.5 The use of dry rotary brushes and bl ower devices for removal of deposited mud/dirt trackout from a paved road is prohibited, unless sufficient water is applied to limit the visible emissions to an O PACITY of not greater than: 20% O PACITY using the Time Averaged Met hod or Intermittent Emissions Method; 50% O PACITY using the Instantaneous Method. These test methods are set forth in Subsection 94.12. The use of rotary brushes without water is prohibited.

94.11.6 Mud or dirt shall not be allowed to be tracked out onto a paved road where such mud or dirt extends fifty (50) f eet or more in cumulative length from the point of origin or a llow any trackout to accumulate to a depth greater than 0.25 inch. Notwithstanding the pr eceding, all accumulations of mud or dirt on curbs, gutters, sidewalks, or paved roads including trackout less than fifty (50) feet in length and 0. 25 inch in depth, shall be cleaned andAmended 07/01/04 94

- 15 CC Air Quality Regulation maintained to eliminate emissions of Fugitive Dust. At a minimum all trackout must be cleaned up by the end of the workday or evening shift, as applicable.

94.12 Test Methods

94.12.1 Visual Determination of O PACITY of E MISSIONS from Sources of Visible E MISSIONS

.
Applicability: This method is applic able for the determination of the O PACITY of E MISSIONS from sources of visible E MISSIONS The Time Averaged Method requires averaging of visible E MISSION readings over a specific time period to determine the O PACITY of visible E MISSIONS . The Time Averaged Method is applicable to continuous E MISSIONS sources. The Intermittent Emissions Method requires averaging a set number of visible E MISSIONS readings to determine the O PACITY of visible E MISSIONS . The Intermittent Emissions Method is applicable to Intermittent E MISSIONS sources. The Instantaneous Method sets an O PACITY limit that sha ll not be exceeded at any time. The Instantaneous Method is applicable to any emissions source and is a nonfederal requirement. Principle: The O PACITY of E MISSIONS of a source of visible E MISSIONS is determined visually by an observer who has current certification approved by the Control Officer, as a qualified Visible E MISSIONS Evaluator, using US EPA Method 9. Procedures: A qualified Visible E MISSIONS Evaluator shall use the procedures set forth in Subsections 94. 12.2, 94.12.3, and 94. 12.4 for visually determining the O PACITY of E MISSIONS

.

94.12.2 Time Averaged Method: These proc edures is for evaluating continuous F UGITIVE D UST E MISSIONS and are for the det ermination of the OPACITY of continuous F UGITIVE D UST E MISSIONS by a qualified observer. Continuous F UGITIVE D UST E MISSIONS sources include activities that produce emissions continuously during operations such as earthmoving, grading, and trenching. Emissions from these types of c ontinuous activities are considered continuous even though speed of the acti vity may very and Emissions may be controlled to 100%, producing no visi ble emissions, during parts of the operation. The qualified obser ver should do the following: (a) Position: Stand at a position at least twenty (20) feet from the F UGITIVE D UST source in order to prov ide a clear view of the
E MISSIONS with the sun oriented in the 140 ° sector to the back. Consistent as much as possi ble with maintaining the above requirements, make O PACITY observations from a position such that the line of sight is approximatel y perpendicular to the plume and wind direction. The observer may follow the F UGITIVE D UST plume generated by mobile earth moving equipment, as long as the sunAmended 07/01/04 94

- 16 CC Air Quality Regulation remains oriented in the 140 ° sector to the back. As much as possible, do not include more than one plume in the line of sight at one time. (b) Field Records: Record the name of the site, F UGITIVE D UST source type (e.g., earthmoving, grading, trenc hing), method of control used, if any, observer’s name, certification data and affiliation, and a sketch of the observer’s position relative to the F UGITIVE D UST source. Also, record the time, estimated distance to the F UGITIVE D UST source location, approximate wind direct ion, estimated wind speed, description of the sky condition (presence and color of clouds), observer’s position relative to the F UGITIVE D UST source, and color of the plume and type of ba ckground on the visible E MISSION observation when O PACITY readings are initiated and completed. (c) Observations: Make O PACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make O PACITY observations at a poi nt just beyond where material is no longer being deposited out of the plume (normally three (3) feet above the surface from which the plume is generated). The initial observation should begin imm ediately after a plume has been created above the surface in volved. Do not look continuously at the plume, but instead obser ve the plume momentarily at 15-second intervals. For F UGITIVE D UST from earthmoving equipment, make O PACITY observations at a point just beyond where material is not being deposited out of the plume (no rmally three (3) feet above the mechanical equipment generating the plume). (d) Recording Observations: Record the O PACITY observations to the nearest 5% every fifteen (15) se conds on an observational record sheet. Each momentary obser vation recorded represents the average O PACITY of E MISSIONS for a fifteen (15) second period. If a multiple plume exists at the time of an observation, do not record an O PACITY reading. Mark an “x” for t hat reading. If the equipment generating the plume travels outside of the field of observation, resulting in the inability to maintain the orientation of the sun within the
140 ° sector or if the equipment ceas es operating, mark an “x” for the fifteen (15) second interval reading. Readings identified as “x” shall be considered interrupted readings. (e) Data Reduction For Time-Averaged Method: For each set of twelve (12) or twenty four (24) cons ecutive readings, calculate the appropriate average O PACITY . Sets shall consist of consecutive observations, however, readings i mmediately preceding and following interrupted readings shall be deemed consecutive and in no case shall two sets overlap, resulting in multiple violations.

94.12.3 Intermittent E MISSIONS Method: This proc edure is for evaluating Intermittent F UGITIVE D UST E MISSIONS : This procedure is for the determination of the O PACITY of intermittent F UGITIVE D UST E MISSIONS by a qualified observer. Intermittent F UGITIVE D UST E MISSIONS sources include activities that produceAmended 07/01/04 94

- 17 CC Air Quality Regulation emissions intermittently such as screening, dumping, and stockpiling where predominant emissions are produced inte rmittently. The qualified observer should do the following: (a) Position: Stand at a position at least twenty (20) feet from the F UGITIVE D UST source in order to prov ide a clear view of the
E MISSIONS with the sun oriented in the 140 ° sector to the back. Consistent as much as possi ble with maintaining the above requirements, make O PACITY observations from a position such that the line of sight is approximatel y perpendicular to the plume and wind direction. As much as possibl e, do not include more than one plume in the line of sight at one time. (b) Field Records: Record the name of the site, F UGITIVE D UST source type (e.g., pile, material handling, trans fer, loading, sorting), method of control used, if any, observer’s name, certification data and affiliation, and a sketch of the observer’s position relative to the F UGITIVE D UST source. Also, record the time , estimated distance to the F UGITIVE D UST source location, approximate wind direction, estimated wind speed, description of the sky condition (presence and color of clouds), observer’s position relative to the F UGITIVE D UST source, and color of the plume and type of ba ckground on the visible E MISSION observation when O PACITY readings are initiated and completed. (c) Observations: Make O PACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make O PACITY observations at a poi nt just beyond where material is no longer being deposited out of the plume (normally three (3) feet above the surface from wh ich the plume is generated). Make two observations per plume at the same point, beginning with the first reading at zero (0) seconds and the second reading at five (5) seconds. The zero (0) second obs ervation should begin immediately after a plume has been created above the surface involved. (d) Recording Observations: Record the O PACITY observations to the nearest 5% on an observational reco rd sheet. Each momentary observation recorded r epresents the average O PACITY of E MISSIONS for a five (5) second period. (e) Repeat Subsection 94.12.3(c) of this Regulation and Subsection 94.12.3(d) of this R egulation until you have recorded a total of 12 consecutive O PACITY readings. This will occur once six intermit plumes on which you are able to take proper readings have been observed. The 12 consecutive r eadings must be taken within the same period of observation but must not exceed 1 hour. Observations immediately pr eceding and following interrupted observations can be considered consecutive. (f) Average the 12 O PACITY readings together. If the average O PACITY reading equals 20% or lower, the s ource is in compliance with the averaged method O PACITY standard described in this Section.Amended 07/01/04 94

- 18 CC Air Quality Regulation 94.12.4 Instantaneous Method: This is a non-federal procedure for evaluation of F UGITIVE D UST E MISSIONS : This procedure is for the instantaneous determination of the O PACITY of F UGITIVE D UST E MISSIONS by a qualified observer. This method is a Clark County local requirement and is not submitted as part of the applicable St ate Implementation Plan. The qualified observer should do the following: (a) Position: Stand at a position at least twenty (20) feet from the F UGITIVE D UST source in order to prov ide a clear view of the
E MISSIONS with the sun oriented in the 140 ° sector to the back. Consistent as much as possi ble with maintaining the above requirements, make O PACITY observations from a position such that the line of sight is approximatel y perpendicular to the plume and wind direction. The observer may follow the F UGITIVE D UST plume generated by mobile earth moving equipment, as long as the sun remains oriented in the 140 ° sector to the back. As much as possible, do not include more than one plume in the line of sight at one time. (b) Field Records: Record the name of the site, F UGITIVE D UST source type (e.g., earthmoving, grading, storage pile, material handling, transfer, loading, sorting), method of control used, if any, observer’s name, certification data and affiliati on, and a sketch of the observer’s position relative to the F UGITIVE D UST source. Also, record the time, estimated distance to the F UGITIVE D UST source location, approximate wind direction, estimated wind s peed, description of the sky condition (presence and color of clouds), observer’s position relative to the F UGITIVE D UST source, and color of the plume and type of background on the visible E MISSION observation when O PACITY readings are initiated and completed. (c) Observations: Make O PACITY observations, to the extent possible, using a contrasting background that is perpendicular to the line of sight. Make O PACITY observations at a point just beyond where material is no longer being deposited out of the plume (normally three (3) feet above the surface from wh ich the plume is generated). (d) Recording Observations: Record the O PACITY observations to the nearest 5%. (e) Data Reduction For Instantaneous Regulations: Evaluate all observations for conformance wit h the instantaneous regulation.Amended 07/01/04 94

- 19 CC Air Quality Regulation 94.12.5 Soil Crust Determination (The Drop Ball Test):

(a) Drop a steel ball with a diameter of 0.625 (5/8 th ) inch and a mass ranging from 0.56-0.60 ounce fr om a distance of one (1) foot directly above the soil surface. If blowsand is present, clear the blowsand from the surfaces on whic h the soil crust test method is conducted. Blowsand is defi ned as thin deposits of loose uncombined grains covering less than 50% of a project site that have not originated from the repres entative surface being tested. If material covers a visible crust, wh ich is not blowsand, apply the test method in Subsection 90.4.1.3 (Det ermination Of Threshold Friction Velocity) of this Regulation to the loose material to determine whether the surface is stabilized. A sufficient crust is defined under the following conditions: once a ball has been dropped according to Subsection 90.4.1.1 of this Regulation, the ball does not sink in to the surface, so that it is partially or fully surrounded by l oose grains and, upon removing the ball, the surface upon which it fell has not been pulverized, so that loose grains are visible. (b) Randomly select each representat ive disturbed surface for the drop ball test by using a blind “over the shoulder” toss of a throwable object (e.g., a metal weight with su rvey tape attached). Using the point of fall as the lower left hand corner, measure a one (1) foot square area. Drop the ball three ti mes within the 1-foot by 1-foot square survey area, using a consis tent pattern across the survey area. The survey area shall be considered to have passed the Soil Crust Determination Test if at leas t two out of the three times that the ball was dropped, the results me t the criteria in Subsection 90.4.1.1(a) of this Regulation. Select at least two other survey areas that represent a random portion of t he overall disturbed conditions of the site, and repeat this procedure. If the results meet the criteria of Subsecti on 90.4.1.1(a) of this R egulation for all of the survey areas tested, then the site shall be considered to have passed the Soil Crust Determination Test and shall be considered sufficiently crusted. (c) At any given site, the existence of a sufficient crust covering one portion of the site may not represent the existence or protectiveness of a crust on another portion of the site. Repeat the soil crust test as often as necessa ry on each portion of the overall conditions of the site using the r andom selection method set forth in Subsection 90.4.1.1(b) of this Regulation for an accurate
assessment.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Initial adoption: June 22, 2000 Amended: November 16, 2000; March 18, 2003; June 3, 2003; July 1, 2004.