WASHOE COUNTY HEALTH DISTRICT 

AIR QUALITY MANAGEMENT DIVISION 

Dr. Colleen Cripps, Ph.D. 

Administrator 

Division of Environmental Protection 

901 S. Stewart St., Suite 4001 

Carson City NY 89701-5249 

Dear Dr. Cripps: 

PublicHealth 

Prevent. Promote. Protect. 

Enclosed is a revision to the Washoe County portion of Nevada's Ozone Infrastructure State 

Implementation Plan (I-SIP). "The Washoe County Portion of the Nevada State Implementation Plan for 

the 2008 Ozone NAAQS: Demonstration of Adequacy" was adopted at a public hearing of the Washoe 

County District Board of Health (DBOH) on February 28,2013. The submittal includes: 

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

• Proof of publication for the public hearing; 

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

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

• Ozone I-SIP: Demonstration of Adequacy; 

Two paper and two electronic copies of the submittal are enclosed. The electronic copies are exact 

duplicates of the paper copy submittal in searchable pdf format. 

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

2013 were not approved at the DBOH meeting on March 28, 2013. These minutes are expected to be 

approved at the next DBOH meeting scheduled for April 25, 2013. If approved, the final elements of the 

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

2013. The final elements include:' 

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

• Certificate of Adoption. 

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

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

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

Sincerely, 

Kevin Dick, Director 

Enclosures 

cc: Daniel Inouye, Washoe County Health District - AQMD (WiD enclosures) 

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

www.washoecounty.uslhealth Printed on Recycled Paper 

STATE OF NEVADA Brian Sandoval, Governor 

Department of Conservation & Natural Resources Leo M. Drozdoff, P.E., Director 

DIVISION OF ENVIRONMENTAL PROTECTION Colleen Cripps, Ph.D., Administrator 

protecting the future for generations 

Jared Blumenfeld 

Regional Administrator 

ORA-I, USEPA Region 9 

75 Hawthorne Street 

San Francisco CA 94105 

December 20, 2012 

RE: Certification that Nevada's Existing State Implementation Plan Meets the 

Requirements of Clean Air Act section 110(a)(2) for the 2008 8-Hour Ozone NAAQS 

Dear Mr. Blumenfeld: 

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

Environmental Protection (NDEP) certifies that the existing Nevada applicable state 

implementation plan (SIP) adequately meets the "infrastructure" requirements of Clean Air Act 

(CAA) section 11O(a)(2) for the 2008 8-hour ozone national ambient air quality standard 

(NAAQS), The NDEP is submitting one hard copy and one exact duplicate of the hard copy in 

electronic form of this certification letter and the following documents as demonstration of the 

adequacy of Nevada's existing SIP provisions: 

• The Nevada Division of Environmental Protection Portion of the Nevada State 

Implementation Planfor the 2008 Ozone NAAQS: Demonstration of Adequacy 

(Demonstration of Adequacy) and appendices. 

• Letter from the Washoe County Health District-Air Quality Management Division 

(WCHD-AQMD) transmitting their 2008 8-hour ozone NAAQS infrastructure SIP to the 

NDEP. 

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

Ozone NAAQS: Demonstration of Adequacy 

• Letter from the Clark County Department of Air Quality Management (CCDAQ) 

transmitting their 2008 8-hour ozone NAAQS infrastructure SIP to the NDEP. 

• .State Implementation Plan Revision to Meet the Ozone Infrastructure SIP Requirements 

of the Clean Air Act Section 110(a)(2), Clark County, Nevada. 

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

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

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

EPA for the 1997 ozone NAAQS remain intact and provide adequate ability and authority to 

implement, maintain, and enforce the 2008 8-hour ozone NAAQS. US EPA's partial 

disapproval of the NDEP and Washoe County portions of the 1997 ozone infrastructure SIP is 

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

December 20,2012 

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

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

enforcement authority to the NDEP and the WCHD-AQMD. 

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

format and list each CAA section 11O(a)(2) element and the existing Nevada SIP provisions that 

satisfy the requirement in each element. Although some of the SIP provisions cited in the NDEP 

table may not be in state regulation, nonetheless those provision support the NDEP's authority to 

implement, maintain and enforce the 2008 ozone NAAQS because they are incorporated into the 

NDEP's title V operating permits and are federally enforceable. 

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

meet the infrastructure SIP requirements of the 2008 ozone NAAQS, the NDEP believes that 

public notice is not required for this certification. While CAA section 110(1) requires that, 

"[ e ]ach revision to an implementation plan ... shall be adopted ... after reasonable notice and 

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

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

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

Nevertheless, Nevada will conduct a formal public notice and comment opportunity and 

adoption process for the 2008 8-hour ozone infrastructure SIP. We request that US EPA parallel 

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

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

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

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

likewise will hold a public comment period during January/February 2013 with opportunity to 

request a public hearing at the end of February 2013 . For the NDEP portion ofthis submittal, the 

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

Nevada's final 2008 8-hour ozone NAAQS infrastructure SIP will be submitted to US EPA by 

April 10, 2013. 

The NDEP maintains that US EPA can make a determination of completeness under the parallel 

processing provisions. Appendix V section 2.3 provides for an expedited review of a state's plan 

by allowing US EPA to evaluate the plan prior to actual adoption by the state. Section 2.3.2 says 

public notice and final adoption must be accomplished "prior to publication of EPA's final 

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

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

Section 2.3. 1 (d) provides that "[t]he requirements of paragraphs 2. l(e)-2. 1 (h) shall not apply to 

plans submitted for parallel processing." Those paragraphs are the public notice and comment 

provisions. Since they are specifically excepted from the requirements of section 2.1, and since 

the purpose of parallel processing is to allow the US EPA to expedite the review of the plan, the 

parallel processing provisions do not prevent the US EPA from making a completeness finding 

in its proposed action. 

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

of that determination based on the parallel processing provisions. The NDEP further requests that 

generally as provisions in Nevada's applicable SIP are replaced or removed through subsequent 
Page 3 

December 20,2012 

approvals by US EPA of SIP revisions submitted by the NDEP, US EPA also replace or remove 

those provisions in this 2008 8-hour ozone NAAQS infrastructure SIP. 

If you should have any questions about this submittal or require additional clarification, you may 

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

Enclosures 

cc w/o enclosures: 

Colleen Cripps, Ph.D. 

Administrator 

Dale Erquiaga, Senior Advisor, Office ofthe Governor 

Amy Zimpfer, Associate Director, Air Division, USEPA Region IX (AIR-I) 

Doris Lo, Acting Chief, Planning Office, USEPA Region IX (AIR-2) 

Kevin Dick, Director, Air Quality Management Division, Washoe County Health District 

Lewis Wallenmeyer, Director, Department of Air Quality & Environmental Management, Clark County 

ec w/o enclosures 

Leo Drozdoff, Director, Nevada Department of Conservation and Natural Resources 

Michael Elges, Deputy Administrator, NDEP 

Rob Bamford, Chief, Bureau of Air Quality Planning, NDEP 
(This page left intentionally blank.)
\11 jl ") HI")' C- "n I !Id 'I" V , .'., 1_ tJ'l, •. !f1l" • 

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

Publishel's of 

Reno Gazette-Journal 

955 Kuenzli St • P.O. Box 22,000. Reno, NV 89520.775.788.6200 

Legal Advertising Office 775.788.6394 

WASHOE CO 

PO BOX 11130 

RENO NY 89520-0027 

STATE OF NEVADA 

COUNTY OF WASHOE 

Customer Acctll 349008 

POll PH 

Ad# J 000793847 

Legal Ad Cost $21 g,OO 

Being tirs! duly sworn, deposes and says: That as the legal clerk of the Reno Gazette-Journal, a 

daily newspaper of general circulation published in Reno, Washoe County, State of Nevada, that 

the notice referenced below has published in each regular and entire issue of said newspaper 

between the dates: 01123/2013 - 02/25/2013, for exact publication dates please see last line of 

Proof of Publication below. 

Signed:k'_' __ _ 

FEB 2 5 2.013 

Proof of Publication 

NOTICE OF PUBLIC HEARING WASHOE COUNTY DISTRICT BOARD OF HEALTH 

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

at the Washoe County Health District South Conference Room (1001 East Ninth Street, Reno) as 

the time, date, and place to consider the adoption of the Demonstration of Adequacy f(1l'the 

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

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

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

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

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

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

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

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

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

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

Ad Number: 1000793847 Page 1 of 1 
(This page left intentionally blank.)
Page 1

MEETING NOTICE AND AGENDA

Washoe County District Board of Health

Date and Time of Meeting: Thursday, February 28, 2013, 1:00 p.m.

Place of Meeting: Washoe County Health District

1001 East Ninth Street, Building B

South Auditorium

Reno, Nevada 89520

District Board of Health Meeting Agenda

All items numbered or lettered below are hereby designated for possible action as if the words 

“for possible action” were written next to each item (NRS 241.020). An item listed with asterisk

(*) next to it is an item for which no action will be taken.

Time

Agenda 

Item

No.

Agenda Item Presenter

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

*2. Roll Call Ms. O’Neill

Public 

Comment

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

person)

Mr. Smith

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

2013 Meeting

Mr. Smith

5. Approval/Additions/Deletions to the Minutes of the 

January 24, 2013 Regular Meeting.

Mr. Smith

WASHOE COUNTY HEALTH DISTRICT

1001 East Ninth Street / P.O. Box 11130

Reno, Nevada 89520

Telephone 775.328-2400 • Fax 775.328.2279

www.washoecounty.us/health

GEORGE HESS, MD

DENIS HUMPHREYS, OD

JULIA RATTI

JOSEPH P. ISER, MD, DrPH, MSc

District Health Officer

MATT SMITH, Chairman

KITTY JUNG, Vice Chairman

GEORGE FURMAN, MD

SHARON ZADRA
Page 2

Time

Agenda 

Item

No.

Agenda Item Presenter

*6. Recognitions

A. Introduction of new employee(s) – Genine Wright, 

AQM - Air Quality Specialist I

B. Promotions – None.

C. Years of Service – Diane A. Freedman – CCHS – 20 

years

D. Recognitions –

(1) Certificate of appreciation to the Washoe County 

Health District from the United States War Dog 

Association for the support and generosity of your 

staff.

(2) Medical Interpreter Certification – Maria Magana

E. Retirements – Katie Hill, CCHS – 22.5 years

Mr. Smith and

Mr. Dick

7. Proclamations – None. 

8. Consent Agenda: Matters which the District Board 

of Health may consider in one motion. Any 

exceptions to the Consent Agenda must be stated 

prior to approval.

A. Air Quality Management Cases:

1. Recommendation to Uphold Unappealed 

Citations to the Air Pollution Control Hearing

Board:

a. Jackson Food Store #134 – Case 1110, 

NOV 5234; 735 South Meadows Parkway, 

Reno NV 89511

2. Recommendation of Cases Appealed to the Air 

Pollution Control Hearing Board. None.

3. Recommendation for Variance: None.

Ms. Albee
Page 3

Time

Agenda 

Item

No.

Agenda Item Presenter

B. Sewage, Wastewater & Sanitation Cases: 

Recommendation to Approve Variance Case(s) 

Presented to the Sewage, Wastewater & Sanitation 

Hearing Board. None.

C. Budget Amendments / Interlocal Agreements:

1. Approval of Notice of Subgrant Award 

(continuation award) from the Nevada 

Department of Health and Human Services, 

Health Division, Sexually Transmitted Disease 

(STD) Prevention and Control Program, for the 

period January 1, 2013 through December 31, 

2013 in the amount of $119,023 in support of 

the STD Program, IO 10014; and authorize the 

Chairman of the Board to sign;

2. Approval of Grant Agreement #A-00905413-0 

(continuation agreement) from the U.S. 

Environmental Protection Agency (EPA) for 

partial funding in the amount of $524,508 for 

the period 10/1/12 through 9/30/13 for the Air 

Quality Management, EPA Air Pollution 

Control Program, IO 10019.

3. Approval of Notice of Subgrant Award 

(continuation award) from the Nevada 

Department of Health and Human Services, 

Health Division for the period January 1, 2013 

through December 31, 2013 in the amount of 

$99,223, for the Immunization Program Grant 

(IOs 10028 & 10029), and authorize the 

Chairman of the Board to sign.

4. Ratification of Interlocal Agreement between the 

Washoe County Health District (WCHD) and 

the Board of Regents of the Nevada System of 

Higher Education on Behalf of the University of 

Nevada Cooperative Extension to utilize WCHD 

facilities for the “All 4 Kids©: Resiliency in the 

Obesogenic Environment: research project for 

the period upon approval by all parties through 

June 30, 2013, unless extended by the mutual 

agreement of the Parties; in no event shall this 

Ms. Cooke

Ms. Cooke

Ms. Cooke

Ms. Buxton
Page 4

Time

Agenda 

Item

No.

Agenda Item Presenter

agreement extend beyond June 30, 2018; and if 

approved, authorize the Chairman to execute.

5. Recommend approval of donation of one 50 

gallon tank with boom to the Churchill County 

Mosquito Vector and Weed Control District 

with a current market value estimated at $200.

D. Reappointment of Ronald Anderson, P.E., to the 

Sewage, Wastewater and Sanitation (SWS) 

Hearing Board.

Ms. Buxton

Mr. Tyre

9. Air Pollution Control Hearing Board Cases appealed 

to the District Board of Health.

Ms. Albee

10. Regional Emergency Medical Services Authority:

 

A. Review and Acceptance of the Operations and 

Financial Reports for January, 2013; and

B. Update of REMSA’s Community Activities Since

January, 2013

C. Presentation regarding REMSA’s Healthcare 

Innovation Grant

Mr. Gubbels

Mr. Gubbels

Ms. Staffan

*11. Inter-Hospital Coordinating Council (“IHCC”)

Presentation regarding Accomplishments

Dr. Todd and

Ms. Conti

12. PUBLIC HEARING: Proposed approval and adoption 

of revisions to the Health Department Fee Schedule, 

specific to: (a) Air Quality Management Division, in 

accordance with the Washoe County District Board of 

Health Regulations Governing Air Quality 

Management; (b) Community and Clinical Health 

Services Division, and; (c) Environmental Health 

Services Division, in accordance with the Washoe 

County District Board of Health Regulations Governing 

Food Establishments; Washoe County District Board of 

Health Regulations Governing Sewage, Wastewater, 

and Sanitation; Washoe County District Board of Health 

Regulations Governing the Prevention of Vector-Borne 

Diseases; Washoe County District Board of Health 

Ms. Stickney and 

Ms. Cooke
Page 5

Time

Agenda 

Item

No.

Agenda Item Presenter

Regulations Governing Liquid Waste; Washoe County 

District Board of Health Regulations Governing 

Invasive Body Decoration Establishments; Washoe 

County District Board of Health Regulations Governing 

Public Bathing Places; Washoe County District Board 

of Health Regulations Governing Public Spas; Washoe 

County District Board of Health Regulations Governing 

Mobile Home and Recreational Vehicle Parks; Washoe 

County District Board of Health Regulations Governing 

Solid Waste Management; and the Washoe County 

District Board of Health Regulations Governing Well 

Construction.

13. Presentation and Adoption of the Washoe County 

Health District Refund Policy

Ms. Cooke

14. Review and Acceptance of the Monthly Public Health 

Fund Revenue and Expenditure Report for January, 

2013

Ms. Stickney

15. Discussion and Possible Direction to Staff Regarding 

FY14 Health Fund Budget 

Ms. Stickney

16. PUBLIC HEARING: Proposed Approval and 

Adoption of the Revisions to “The Washoe County 

Portion of the Nevada State Implementation Plan for the 

2008 Ozone NAAQS: Demonstration of Adequacy.”

Mr. Inouye

17. Presentation of Air Quality Management Division 

Accomplishments and Strategic Plan. 

Mr. Dick

18. Review and Acceptance of the 2013 Legislative 

Activity Report

Mr. Dick

*19. Staff Reports and Program Updates

A. Director, Epidemiology and Public Health 

Preparedness - Communicable Disease; Public 

Health Preparedness; Emergency Medical Services; 

and Vital Statistics

Dr. Todd

B. Director, Community and Clinical Health 

Services – Clinical Programs and NonCommunicable Disease Updates

Mr. Kutz
Page 6

Time

Agenda 

Item

No.

Agenda Item Presenter

C. Director, Environmental Health Services 

Food Program; Land Development; Solid 

Waste/Special Events; and Vector-Borne Disease 

Program

Mr. Sack

D. Director, Air Quality Management – Air Quality; 

Planning and Monitoring Activity; Permitting 

Activity; Compliance & Inspection Activity; and 

Permitting & Enforcement Activity 

Mr. Dick

E. Administrative Health Services Officer –

Technology Update

Ms. Stickney

F. District Health Officer – 2013 Legislative Session; 

Budget; Human Resources; Communication; 

Accreditation; Washoe County and Community 

Activities; Health District Media Contacts and 

Outreach; Statewide (and Beyond) Organizational 

Efforts; RWJF Shared Services Learning 

Community Grant Update; and District Board of 

Health Information and Resources

Mr. Dick

Board 

Comment

*20. Limited to Announcements or Issues for Future 

Agendas

Mr. Smith

21. Emergency Items Mr. Dick

Public 

Comment

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

person). No action may be taken.

Mr. Smith

23. Adjournment Mr. Smith

______________________________________________________________________________________________________ 

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

denoted with a “$.”

________________________________________________________________________________________________________

Items on the agenda may be taken out of order, combined with other items, withdrawn from the agenda, moved to the agenda of 

another later meeting; moved to or from the Consent section, or they may be voted on in a block. Items with a specific time 

designation will not be heard prior to the stated time, but may be heard later. Items listed in the Consent section of the agenda are 

voted on as a block and will not be read or considered separately unless withdrawn from the Consent.

________________________________________________________________________________________________________

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

accommodations or assistance at the meeting are requested to notify Administrative Health Services in writing at the Washoe 

County Health District, PO Box 1130, Reno, NV 89520-0027, or by calling 775.328.2416, 24 hours prior to the meeting.
Page 7

________________________________________________________________________________________________________

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

not. All comments are limited to three (3) minutes per person. Additionally, public comment of three (3) minutes per person 

may be heard during individual action items on the agenda. Persons are invited to submit comments in writing on the agenda 

items and/or attend and make comment on that item at the Board meeting. Persons may not allocate unused time to other 

speakers.

________________________________________________________________________________________________________

Response to Public Comments: The Board of Health can deliberate or take action only if a matter has been listed on an agenda 

properly posted prior to the meeting. During the public comment period, speakers may address matters listed or not listed on the 

published agenda. The Open Meeting Law does not expressly prohibit responses to public comments by the Board of Health. 

However, responses from the Board members to unlisted public comment topics could become deliberation on a matter without 

notice to the public. On the advice of legal counsel and to ensure the public has notice of all matters the Board of Health will 

consider, Board members may choose not to respond to public comments, except to correct factual inaccuracies, ask for Health 

District Staff action or to ask that a matter be listed on a future agenda. The Board of Health may do this either during the public 

comment item or during the following item: “Board Comments – Limited to Announcement or Issues for future Agendas.” 

________________________________________________________________________________________________________

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

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

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

Sparks City Hall, 431 Prater Way, Sparks, NV

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

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

________________________________________________________________________________________________________
(This page left intentionally blank.)
TO: District Board of Health 

FROM: Kevin Dick, Director 

Air Ouality Management Division 

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

Portion of the Nevada State Implementation Plan to Meet the Ozone 

Infrastructure SIP Requirements of Clean Air Act Section 11 0(a)(2)." 

Agenda Item: 

Staff Recommendation 

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

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

Background 

The U.S. Environmental Protection Agency (EPA) establishes health based National 

Ambient Air Ouality Standards (NMOS) for six criteria pollutants including Ozone. The 

Clean Air Act (CM) directs states to address basic State Implementation Plan (SIP) 

requirements to implement, maintain, and enforce the NMOS. Many of the CM 

Section 110(a)(2) SIP elements relate to the general information and authorities that 

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

EPA substantially strengthened the 1997 Ozone NMOS by lowering the health-based 

8-hour primary standard to 0.08 to 0.075 ppm. 

This I-SIP is a summary of current air quality management elements in Washoe 

County's portion of the State of Nevada Ozone SIP. It includes air quality regulations 

and programs demonstrating the Health District's ability to meet these CM 

requirements. No revisions to the Nevada SIP to meet the 1997 NMOS were required 

to meet the 2008 NMOS. This Demonstration of Adequacy certifies that Washoe 

County Health District's program meets the requirements of CM Section 11 0(a)(2). 

To reduce printing resources and expenses, the I-SIP is not included with this staff 

report. The document is 22 pages and can be accessed from the "News & Events" 

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

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

dinouye@washoecounty.us. 

P.O. BOX 11130 Reno, NV 89520-0027. (775) 784-7200 • FAX (775) 784-7225 

www.washoecounty.us/health 

Printed on Reqded Paper 
February 28, 2013 

DBOH/Ozone I-SIP, Demonstration of Adequacy 

Page 2 

If the I-SIP Demonstration of Adequacy is approved and adopted, it will be submitted to 

EPA through the Nevada Division of Environmental Protection as a revision to the 

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

was published in the Reno Gazette-Journal on January 23, February 14, and February 

25, 2013. The I-SIP has been available for public inspection at the AQMD website and 

office since January 23, 2013. No comments have been received as of February 15, 

2013 

Recommended Motion 

Move to approve and adopt 'The Washoe County Portion of the Nevada State 

Implementation Plan for the 2008 Ozone NMQS: Demonstration of Adequacy." and 

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

Nevada Ozone State Implementation Plan. 

Alternatives 

The District Board of Health may: 

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

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

and report back to the Board at a future meeting. 

Kevin Dick, Division Director 

Air Quality Management Division 

KDIDI: ma 
The Washoe County Portion of the 

Nevada State Implementation Plan for the 

2008 Ozone NAAQS: Demonstration of Adequacy

February 28, 2013 

Washoe County Health District

Air Quality Management Division

P.O. Box 11130 

Reno, Nevada 89520-0027 

(775) 784-7200 

www.ourcleanair.com
i 

Acronyms and Abbreviations 

AQS Air Quality System

CAA Clean Air Act

CFR Code of Federal Regulations

CO Carbon Monoxide 

DMV Department of Motor Vehicles 

EPA U.S. Environmental Protection Agency 

FR Federal Register

HA Hydrographic Area

I-SIP Infrastructure State Implementation Plan

NAAQS National Ambient Air Quality Standard

NDEP Nevada Division of Environmental Protection 

NO2 Nitrogen Dioxide

NRS Nevada Revised Statute

NSR New Source Review

O3 Ozone 

Pb Lead

PM2.5 Particulate Matter less than or equal to a nominal 2.5 microns 

in aerodynamic diameter

PM10 Particulate Matter less than or equal to a nominal 10 microns

in aerodynamic diameter

PSD Prevention of Significant Deterioration

SIP State Implementation Plan

SLAMS State and Local Air Monitoring Station

SO2 Sulfur Dioxide 

USC United States Code 

WCDBOH Washoe County District Board of Health 

WCAQMD Washoe County Health District - Air Quality Management Division
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 1 

Introduction and Background

This Demonstration of Adequacy addresses Washoe County’s portion of the State of Nevada’s I-SIP 

requirements for the 2008 Ozone (O3) NAAQS. The authorities approved by the US EPA for the 1997 

ozone NAAQS remain intact and provide adequate ability and authority to implement, maintain, and 

enforce the 2008 ozone NAAQS. 

Section 110(a)(2) lists the required elements of the I-SIP. These elements include: enforceable emission 

limitations, air quality modeling, enforcement programs, ambient air monitoring programs, and 

confirmation of adequate personnel, resources and legal authorities. The following elements are 

addressed in the existing applicable SIP for the 1997 ozone NAAQS and meet the infrastructure 

requirements of the 2008 ozone NAAQs: 

• Enforceable Emission Limitations and Other Control Measures (110(a)(2)(A)) 

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

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

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

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

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

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

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

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

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

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

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

• Consultation with Local Entities (110(a)(2)(M)) 
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 2 

Table 1 

Existing SIP Elements Meeting Current CAA 110(a)(2)(A)-(M) Requirements for the 

Washoe County Portion of the Nevada Infrastructure SIP for the 

2008 Ozone NAAQS, Unless Otherwise Noted

Element

(A)

Enforceable emission limits and other control measures:

Requires SIPs to include enforceable emission limits and other control measures, 

means, or techniques, and schedules for compliance.

WCDBOH Regulations Governing Air Quality Management (Regulation) Section 020.005 (See 38 

FR 12702) authorizes the Control Officer to enforce all SIP measures including the following 

previously submitted Sections: 

 030.000; 030.005; 030.010; 030.015; 030.025; 030.030; 030.110; 030.115(1), (5), and 

Subsection B; 030.1201;030.205; 030.215; 030.245; 030.250 (See 46 FR 21758); 

 030.300; 030.305; 030.310; 030.3101-3105; 030.3107; 030.3108 (See 46 FR 43141); 

 030.218, 030.230, and 030.970A (See 77 FR 60915); 

 040.070; 040.075; 040.080; 040.085; 040.090 (See 46 FR 21758); and 

 050.001 (See 72 FR 33397). 

The following Sections have not been submitted as part of the SIP, but have been adopted by the 

WCDBOH and further support this element requirement (See Attachment B): 

 020.0051 (Board of Health - Powers and Duties); and 

 020.020 (Control Officer - Powers and Duties). 

Element

(B)

Ambient air quality monitoring/data system:

Requires SIPs to provide for establishment and operation of ambient air quality 

monitors, collection and analysis of ambient air quality data, and to make these data 

available to EPA upon request.

The WCAQMD operates an ambient air monitoring network in accordance with 40 CFR 58. The 

network is reviewed annually pursuant to 40 CFR 58.10 to ensure it meets ambient air monitoring 

objectives (See Attachment A). 
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 3 

Element

(C)

Program for enforcement of control measures:

Requires SIPs to include a program providing for enforcement of all SIP measures and 

the regulation of construction of new and modified stationary sources as necessary to 

assure that the NAAQS are achieved, including a permit program as required in Parts C 

and D. 

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

all SIP measures including the following previously submitted Sections:

 030.000; 030.005; 030.010; 030.015; 030.025; 030.030; 030.110; 030.115(1), (5), and 

Subsection B; 030.1201;030.205; 030.215; 030.245; 030.250 (See 46 FR 21758); 

 030.300; 030.305; 030.310; 030.3101-3105; 030.3107; 030.3108 (See 46 FR 43141); 

 030.218, 030.230, and 030.970A (See 77 FR 60915); 

 040.070; 040.075; 040.080; 040.085; 040.090 (See 46 FR 21758); and 

 050.001 (See 72 FR 33397). 

The following Sections have not been submitted as part of the SIP, but have been adopted by the 

WCDBOH and further support this element requirement (See Attachment B): 

 010.1303 (Regulated Air Pollutant); 

 020.0051 (Board of Health - Powers and Duties); 

 020.020 (Control Officer - Powers and Duties); 

 030.002 (Construction or Modification of Permitted Operations); 

 030.500 (New Source Review (NSR) Applicability); 

 030.502 (Review for Emission Limitation Compliance);

 030.503 (Conditions for Approval); 

 030.504 (Emission Offset Ratios); 

 030.505 (Completeness of Application); 

 030.506 (Requirements for Public Notice); 

 030.507 (Comments); 

 030.508 (Final Action); and 

 030.905 (Sources Requiring Part 70 Permits). 

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

County 2006 PM2.5 NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated 

into Nevada’s SIP (40 CFR 52.1485). 
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 4 

Element

(D)

Interstate transport provisions:

Requires SIPs to contain adequate provisions prohibiting emissions generated within 

the state from contributing significantly to nonattainment in, or interfering with 

maintenance by, any other state with respect to the NAAQS, or from interfering with 

measures required to be included in the SIP of any other state to prevent significant 

deterioration or to protect visibility. 

Gina McCarthy, Assistant Administrator of the US EPA issued a memo on November 19, 2012 to 

EPA Air Division Directors, Regions 1-10, regarding states’ and US EPA’s obligations with respect to 

the requirements of (D)(i)(I). Ms. McCarthy notes:

“I would also like to note that the recent CSAPR decision made certain holdings regarding the 

requirement for states to submit SIPs addressing the provisions of Clean Air Act section 

110(a)(2)(D)(i)(I), the good neighbor provision that addresses upwind emissions linked to 

NAAQS attainment problems in downwind states. The decision states that a SIP cannot be 

deemed deficient for failing to meet the good neighbor obligation before the EPA quantifies 

that obligation. Although we have filed a petition for rehearing of the Court’s decision, 

including this element of the decision, and although the mandate for that decision has not yet 

been issued, we intend to act in accordance with the decision during the pendency of the 

appeal. Therefore, at this time the EPA does not intend to make findings that states failed to 

submit SIPs to comply with section 110(a)(2)(D)(i)(I). To the extent that states may inquire 

about their obligations to submit SIPs addressing this provision, we believe it would be 

appropriate to convey that at this time we do not intend to make such findings with respect to 

section 110(a)(2)(D)(i)(I).”

Because US EPA has not informed Nevada of its contribution to any ozone NAAQS attainment 

problem in downwind states, the NDEP concludes that it is not obligated to address this requirement 

at this time.

Element

(E)

Adequate resources:

Requires SIPs to provide necessary assurances for adequate personnel, funding, and 

authority under state law to carry out its SIP, to contain requirements addressing 

potential conflicts of interest, and to provide necessary assurances that the state retains 

responsibility for ensuring adequate implementation of the SIP where the state relies on 

a local or regional government for implementation of any SIP provision.

NRS 445B.500 authorizes the WCDBOH to implement and administer air quality management 

programs within the geographic boundaries of Washoe County. These programs are managed through 

the WCAQMD. For the most recent fiscal year (2011-12), the WCAQMD consisted of 19 allocated 

full-time staff. Primary funding sources are: 1) Operating permit fees; 2) EPA grants; 3) Nevada 

DMV funds; and 4) the City of Reno, City of Sparks, and County of Washoe via an inter-local 

agreement with the Washoe County Health District (See Washoe County 2006 PM2.5 NAAQS I-SIP, 

Attachment D, submitted December 4, 2009). 
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 5 

Element

(F)

Stationary source monitoring system:

Requires SIPs to establish a system to monitor emissions from stationary sources, to 

submit periodic emissions reports, to correlate the emissions reports with the 

corresponding SIP emission limits and standards, and to make emissions reports 

available to the public. 

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

all SIP measures including the following previously submitted Sections related to authority for 

stationary source monitoring and reporting: 

 030.210; 030.250 (See 46 FR 21758); and 

 030.218, 030.230; 030.235, and 030.970A (See 77 FR 60915). 

The following Sections have not been submitted as part of the SIP, but have been adopted by the 

WCDBOH and further support this element requirement (See Attachment B): 

 020.0051 (Board of Health - Powers and Duties); and

 020.060 (Sampling and Testing). 

Element

(G)

Emergency episodes:

Requires SIPs to provide for authority to address activities causing imminent and 

substantial endangerment to public health and to provide for adequate contingency 

plans to implement such authority. 

Emergency powers are authorized under WCDBOH Regulation 050.001 (Emergency Episode Plan) 

(See 72 FR 33397). In addition, general emergency powers are provided in Nevada’s SIP in NRS 

445B.560. 

Element

(H)

Future SIP revisions:

Requires SIPs to provide for SIP revisions in response to changes in the NAAQS, or 

availability of improved methods for attaining the NAAQS, and in response to an EPA 

finding that the SIP is substantially inadequate.

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

Section 020.0051 (Board of Health - Powers and Duties) which provides the WCDBOH the authority 

to revise a SIP “to achieve and maintain levels of air quality to protect human health”. 

Element

(I)

SIP revisions for new non-attainment areas:

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

The WCAQMD commits to submit SIP revisions whenever the county, or portions of the county, are 

newly designated non-attainment for any federal NAAQS.
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 6 

Element (J)

[§121] 

Consultation with government officials, public notification, PSD and visibility 

protection: 

Requires states to provide a process for consultation with local governments and 

Federal Land Managers carrying out NAAQS implementation requirements; . . .

All SIP elements are adopted by the WCDBOH before being formally submitted as the Washoe 

County portion of the Nevada SIP. Participation by local political subdivisions is authorized by 

WCDBOH Regulation Section 020.005 (See 38 FR 12702) and an inter-local agreement between the 

City of Reno, City of Sparks, and the County of Washoe, Nevada (See Washoe County 2006 PM2.5

NAAQS I-SIP, Attachment D, submitted December 4, 2009). This inter-local agreement requires that 

the WCDBOH include one elected official from each of the three political subdivisions in Washoe 

County. The WCAQMD is committed to include all stakeholders, such as local governments and 

federal land managers, in the SIP development process.

Element (J)

[§127] 

. . . requires SIPs to notify the public if NAAQS are exceeded in an area and to enhance 

public awareness of measures that can be taken to prevent exceedances; and . . .

WCDBOH Regulation Section 050.001 (See 72 FR 33397) authorizes the WCAQMD to advise the 

public on measures that are taken to reduce their exposure during elevated air pollutant 

concentrations. Near-time ambient air monitoring data are posted on the WCAQMD website 

(www.washoecounty.us/health/aqm/home.html). A Trends report, which summarizes monitored 

ambient air quality in Washoe County, is prepared annually and also posted on the WCAQMD 

website. 

Element (J)

[Part C PSD 

/ Visibility]

. . . requires SIPs to meet applicable requirements of Part C related to prevention of 

significant deterioration and visibility protection.

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

8-hour O3 and PM2.5 NAAQS promulgated in July 1997 was published in the Federal Register (See 72 

FR 41629). Also, Article 13 of Nevada’s SIP, “General Provisions for the Review of New Sources,” 

requires an environmental evaluation before a registration certificate may be issued. Finally, on 

March 3, 2008, the WCAQMD received full delegation of the federal PSD program (See Washoe 

County 2006 PM2.5 NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated 

into Nevada’s SIP (40 CFR 52.1485). 

Element

(K)

Air quality modeling/data:

Requires SIPs to provide for the performance of air quality modeling for predicting 

effects on air quality of emissions of any NAAQS pollutant and the submission of such 

data to EPA upon request.

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

60915) authorizes the Control Officer to require operators provide source stack testing or other types 

of testing to determine the quantity and effect of emissions produced by a stationary source. 

In addition, the following Section has not been submitted as part of the SIP, but have been adopted by 

the WCDBOH and further support this element requirement (See Attachment B): 

 030.503 (Conditions for Approval). 
Washoe County Health District - AQMD February 28, 2013 

Demonstration of Adequacy: 2008 Ozone Infrastructure SIP 7 

Element

(L)

Permitting fees:

Requires SIPs to require each major stationary source to pay permitting fees to cover 

the cost of reviewing, acting upon, implementing and enforcing a permit until such fee 

requirement is superseded by EPA approval of a fee program under Title V of the 

CAA.

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

030.310 (See 46 FR 43141). 

Element

(M)

Consultation/participation by affected local entities: 

Requires SIPs to provide for consultation and participation in SIP development by 

local political subdivisions affected by the SIP.

All SIP elements are adopted in a public hearing by the WCDBOH before being formally submitted as 

the Washoe County portion of the Nevada SIP. Participation by local political subdivisions is 

authorized by WCDBOH Regulation Section 020.005 (See 38 FR 12702) and an inter-local agreement 

between the City of Reno, City of Sparks, and the County of Washoe, Nevada (See Washoe County 

2006 PM2.5 NAAQS I-SIP, Attachment D, submitted December 4, 2009). This inter-local agreement 

requires that the WCDBOH include one elected official from each of the three political subdivisions 

in Washoe County. 
Attachment A

Letter from Matthew Lakin (EPA Region IX) to Kevin Dick (WCHD-AQMD) Regarding the 

“2011 Annual Monitoring Network Plan” (November 1, 2011) 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION IX 

Mr. Kevin Dick, Director 

Air Quality Management Division 

Washoe County Health District 

1001 East Ninth Street, Suite A115 

P.O. Box 11130 

Reno, NV 89520-0027 

Dear Mr. Dick: 

75 Hawthorne Street 

San Francisco, CA 94105 

NOV 0 1 2011 

Thank you for your timely submittal of the 2011 Annual Monitoring Network Plan for the Washoe 

County Health District Air Quality Management Division (AQMD). EPA has reviewed the submitted 

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

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

Network Plan. This letter serves as an official approval of the annual network plan and all of the 

proposed modifications except the Sparks site special purpose monitoring proposed for non-submission 

into the AQS. This issue, along with special purpose monitoring at the Ren03 is further discussed in our 

enclosed comments. AQMD should continue to work with EPA Region 9 staff to obtain the proper 

documentation and approvals necessary to establish proper special purpose monitoring at the Sparks and 

Ren03 sites. 

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

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

Enclosure 

Sincerely, 

Matthew Lakin, Manager 

Air Quality Analysis Office 

Air Division 

cc: Craig Petersen, Senior Air Quality Specialist, AQMD 

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

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

1. 40 CPR 58.20(b) requires any SPM data collected using an FRM, FEM, or ARM must meet the 

requirements of §58.11, §58.12, and appendix A or an approved alternative. Furthermore, SPM data 

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

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

o For the new FEM particulate instruments that are planned for installation at the Sparks site 

(pp.8), AQMD will either need to meet the requirements of §58.11, §58.12, appendix A and 

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

non-submittal into AQS. 

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

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

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

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

intoAQS. . 

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

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

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

2. The cover letter of AQMD's network plan says that no comments were received during the public 

inspection period of the plan. Page 1 of the Network Plan however contains the following language: 

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

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

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

Washoe County District Board of Health Regulations Governing Air Quality Management 

Not Included in the Washoe County Portion of the Nevada Ozone Infrastructure SIP

But Further Support CAA 110(a)(2)(A)-(M) Requirements
010.1303 "REGULATED AIR POLLUTANT" shall mean the following:

1. Nitrogen oxides or any volatile organic compounds;

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

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

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

VI of the Act. 

5. Any pollutant subject to a standard promulgated under section 112 or other requirements 

established under section 112 of the Act, including the following: 

a. Any pollutant subject to requirements under section 112(j) of the Act. If the administrator 

fails to promulgate a standard pursuant to section 112(e) of the Act, any pollutant for 

which a subject source would be major shall be considered to be regulated on the date 18 

months after the applicable date established pursuant to section 112(e) of the Act; and

b. Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, 

but only with respect to the individual source subject to section 112(g)(2) requirement.

 (Adopted 10/20/93)

020.0051 BOARD OF HEALTH - POWERS AND DUTIES

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

said Board shall, without excluding any other powers, responsibilities, and authority conferred on 

said Board in the Nevada Revised Statutes, have the following powers and/or responsibilities:

 A. To adopt and enforce rules and regulations to reduce the release into the atmosphere of 

any air contaminants originating within the territorial limits of the Washoe County Health 

District in order to achieve and maintain levels of air quality which will protect human 

health and safety, prevent injury to plant and animal life, prevent damage to property, and 

preserve visibility and scenic, aesthetic and historic value within said Health District.

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

 C. To make such determinations and issue such orders as may be necessary to implement 

the provisions of these regulations and to achieve air quality standards in accordance with 

law.

 D. To institute proceedings to prevent continued violation of any order issued by the Board of 

Health, Hearing Board, or Control Officer, and to enforce these regulations.

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

pollution.

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

 G. To cooperate and contract with other governmental agencies including the State of 

Nevada, other states, and the federal government.
 H. To conduct investigations, research and technical studies consistent with the general 

purposes of the Nevada Revised Statutes. 

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

or control air pollution.

 J. To require the registration of air pollution sources together with a description of the 

processes employed, fuels used, nature of emissions and other information considered 

necessary to evaluate the pollution potential of a source.

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

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

pollution.

 L. To issue or deny all requests or applications for a variance or waiver from any of the 

requirements of these regulations after due consideration of the recommendations of the 

Hearing Board and Control Officer.

 M. To require the submission of preliminary plans and specifications and other information as 

the Board deems necessary to process permits required by these regulations.

 N. To enter into and inspect, at any reasonable time, any premises containing an air 

contaminant source or a source under construction for purposes of ascertaining the state 

of compliance with these regulations.

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

 P. To review recommendations of the Hearing Board and to take such additional evidence as 

the Board of Health deems necessary or to remand to the Hearing Board for such 

evidence as the Board of Health may direct on any matters arising under these 

regulations.

 Q. To require elimination of devices or practices which cannot be reasonably allowed without 

generation of undue amounts of contaminants.

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

 S. To delegate all above powers, except Subsections A, B, F, O, and P, to the Control 

Officer or his representatives as may be necessary to implement these regulations.

 T. To appoint by resolution, or other appropriate action of the Board of Health, a Hearing 

Board consisting of seven (7) members who are not employees of the State of Nevada or 

any political subdivision of the State of Nevada, or which one (1) member must be an 

attorney admitted to practice law in the State of Nevada, or which one (1) member must 

be a professional engineer registered in the State of Nevada and one (1) member shall be 

licensed in Nevada as a general engineering contractor or a general building contractor as 

defined by NRS 624.215. All members of said Hearing Board shall be appointed to the 

terms as specified in NRS 445.481.

U. To institute, in any court of competent jurisdiction, legal proceedings to compel compliance 
with these regulations and the Nevada Revised Statutes pertaining to the emission of air 

contaminants into the atmosphere within the territorial limits of the Washoe County Health 

District.

020.020 CONTROL OFFICER - POWER AND DUTIES

 The Control Officer, or his designated agent or representative, shall enforce the provisions of these 

regulations in his name, or in the name of the Board of Health, in any one or combination of the 

following ways:

 A. By issuing a written notice of violation, delivered personally or by registered or certified 

mail, to any person if reasonable cause exists to believe said person is violating these 

regulations.

 B. By issuing a warning to any person suspected of violating these regulations and by giving 

said person an opportunity to correct the cause of said violation prior to issuing a notice of 

violation or citation and referring the matter to the Board of Health or proper prosecuting 

authority in the Washoe County Health District;

 C. By requesting the District Attorney of the County of Washoe, or other proper agency, 

person or prosecuting authority in the Washoe County Health District, to institute 

appropriate criminal, civil or administrative proceedings against the person or persons 

responsible for violation of any of these regulations.

 D. By requesting the Board of Health to levy an appropriate administrative fine against any 

person found to have violated any of these regulations.

 E. By reviewing each variance to ascertain if the variance holder is meeting all provisions of 

the variance or dates set forth in the compliance schedule; if they are not met, the Control 

Officer may notify the variance holder personally or by registered or certified mail to this 

effect and may suspend or revoke any variances or reject any schedule of compliance 

involved with said infractions.

F. By requesting the Board of Health to institute all necessary and proper legal proceedings 

authorized by law to carry out the purposes of these regulations and purposes of Chapter 

445 of the Nevada Revised Statutes, including injunctive relief.

020.060 SAMPLING AND TESTING

In addition to any other testing requirements provided for in these regulations, the Control Officer 

or the Board of Health may require any person to conduct or make arrangements to conduct 

testing of any source to determine compliance with these regulations. In the event such testing is 

required, the Control Officer may do any of the following:

A. Witness all tests as required by this Section.

B. Determine whether or not generally recognized methods of measurement have been used 

to determine the quantity of emissions from the source being tested and if not additional 

testing may be required. 
C. Determine the point or points at or within the source where testing shall be done, to 

determine the actual discharge into the atmosphere.

D. Make any modifications or adjustments in the testing requirements so as to be compatible 

with specific sampling conditions or needs as shown by good practice, judgement and 

experience.

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

source of air contaminants.

F. Require additional tests of any source of air contaminants tested in accordance with this 

Section, provided such separate or additional tests shall be conducted on behalf of the 

Board of Health and at said Board's expense.

G. Require in writing the construction or creation of sampling holes, safe scaffolding and 

related facilities, to be provided at the expense of the owner or person responsible for any 

source of air contaminants being tested in accordance with this section.

H. Require the owner or person responsible for any source of any air contaminants being 

tested pursuant to this section to provide a suitable power source to the point of testing, 

so that sampling instruments can be operated as required.

I. All information gathered during any testing operation conducted pursuant to this Section 

will be provided to both the Control Officer or the Board of Health and the person or 

persons who own or control or are responsible for any source of air contaminants that are 

tested pursuant to this Section. All such information obtained pursuant to any testing 

required under this Section will be treated as confidential in accordance with the 

requirements of Section 020.055 of these regulations.

030.002 CONSTRUCTION OR MODIFICATION OF PERMITTED OPERATIONS (Amended 4/89, 

10/20/93)

 A written Authority to Construct shall be required to construct, erect, alter or replace any equipment 

which may cause, potentially cause, reduce, control or eliminate the issuance of air contaminants. 

A single Authority to Construct may be issued for all components of an integrated system or 

process. Plans and specifications drawn in accordance with acceptable engineering practices shall 

be required before issuance of an Authority to Construct. The applicant for any Authority to 

Construct must notify the Control Officer in the application of any source which is or will become 

subject to 40 CFR Part 70 upon completion of the proposed construction. An Authority to 

Construct is not needed for routine operation and maintenance. This includes maintenance 

prescribed by the manufacturer, replacement of worn or broken components with like equipment, 

etc. 

030.500 NEW SOURCE REVIEW (NSR) APPLICABILITY

A major new source or major modification which would locate in an area designated as 

nonattainment for a pollutant for which the source or modification would be major shall not be 

allowed to construct unless the stringent conditions set forth below are met. These conditions 

are designed to insure that the new source's or modification's emission will be controlled to the 

greatest degree possible, that more than equivalent offsetting emission reductions ("emission 

offsets") will be progress toward achievement of the national ambient air quality standards. For 
the purposes of this part, a reconstructed source shall be treated as a new stationary source. 

Since major facility definition and requirements vary upon State and EPA area designations, a 

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

030.502 REVIEW FOR EMISSION LIMITATION COMPLIANCE

Authority to construct any new source or modification shall be denied unless the new source or 

modification meets all applicable emission requirements in the Nevada State Implementation 

Plan (SIP), all applicable Federal New Source Performance Standards, and all applicable 

National Emission Standards For Hazardous Air Pollutants.

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

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

nonattainment for a pollutant for which the stationary source or modification is major, an Authority 

to Construct shall be denied unless the following conditions are met:

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

limitation which specifies lowest achievable emission rate for such 

source.

Condition 2 The applicant must certify that all existing major sources owned or 

operated by the applicant for any entity controlling, controlled by, or 

under common control of the applicant in the State of Nevada are in 

compliance with all applicable emission limitations and standards under 

the Clean Air Act (or are in compliance with an expeditious schedule 

which is federally enforceable or contained in a court decree).

Condition 3 Emission reductions ("offsets") from existing sources in the same 

nonattainment area as the proposed new source or modification 

(whether or not under the same ownership) are required such that they 

shall not interfere with or contribute to the interference with the 

attainment of the applicable National Ambient Air Quality Standards. 

Only intrapollutant emission offsets will be acceptable (e.g. hydrocarbon 

increases may not be offset against SO2 reductions). All emission 

reductions for the purpose of offsets shall be enforceable under the 

Clean Air Act.

The terms of the offset emission reductions shall be specified and federally enforceable 

prior to permit issuance.

All offset emissions reductions shall be, by the time a new or modified source commences 

operation, in effect and enforceable and shall assure that the total tonnage of increased 

emissions of the air pollutant from the new or modified source shall be offset by an equal 

or greater reduction.

All offset emissions reductions must be obtained from decreases in actual emissions from 

the same or other sources in the area. No emissions reductions otherwise required by the 

Clean Air Act or other regulatory action my be credited for the purpose of meeting offset 

requirements.
Condition 4 The emission offsets will provide a positive net air quality benefit in the 

affected area. Atmospheric simulation modeling is not necessary for 

volatile organic compounds and NOX. Fulfillment of Condition 3 and 

Section 030.504 of these regulations will be considered adequate to 

meet this condition.

Condition 5 The applicant must perform an analysis of at least two (2) alternative 

sites for the facility, production processes, and environmental control 

techniques. This analysis must demonstrate that the benefits of the 

proposed source significantly outweigh the environmental and social 

costs imposed as a result of its location, construction or modification.

Condition 6 The Control Officer shall also require the review of any Major Stationary 

Source or Major Modification subject to New Source Review under this 

section that may have an impact on visibility in any mandatory Class I 

Federal area. Such visibility review will ensure the source's emissions 

will be consistent with making reasonable progress toward State and 

National visibility goals.

Condition 7 The Administrator has not made a determination that the applicable 

implementation plan is not being adequately implemented for the 

attainment area in which the proposed source is to be constructed or 

modified.

Condition 8 The proposed major source or major modification shall not contribute to 

nonattainment in, or interfere with maintenance by, any other State with 

respect to any national ambient air quality standard, or interfere with 

measures required to be included in the applicable implementation plan 

for any other State with respect to prevention of significant deterioration 

of air quality or to protect visibility.

All emission limitations shall be assessed in light of the limits of "good engineering practice" on 

stack heights as specified in Section 030.614. 

Any major stationary source or major modification commencing construction without an Authority 

to Construct shall be subject to an enforcement action. Obtaining an Authority To Construct does 

not relieve the owner from complying with any applicable local, state or federal regulation.

At such time that a particular source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforcement limitation which was established 

after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, 

such as a restriction on hours of operation, then the requirements of regulations approved 

pursuant to this section shall apply to the source or modification as though construction had not 

yet commenced on the source or modification. All permits issued by the Control officer shall 

comply with all applicable terms of the State Implementation Plan for the non-attainment area in 

which the source is to be constructed.

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

Emission reductions required under Section 030.503 shall be offset at a ratio of 1.2 to 1 when 

the offset sources are five (5) miles or less from the new source or modification. For offset 
sources that are greater than five (5) miles from the new source or modification, the applicant 

shall determine an offset ratio based on atmospheric simulation modeling or an equivalent 

method to ensure a positive net air quality benefit. In no case shall the offset ratio for source 

located greater than five miles from the proposed project be less than 1.2 to 1. Non-reactive 

organic compounds (those which are listed in 40 CFR 51.100(s)) cannot be used for offsets.

030.505 COMPLETENESS OF APPLICATION

Following submittal by the applicant, the Control Officer shall determine whether the application 

for permit to construct is complete not later than thirty (30) calendar days after receipt of the 

application, or after such longer time as both the applicant and the Control Officer may agree. 

Such determination shall be transmitted in writing immediately to the applicant at the address 

indicated on the application if it is determined to be incomplete, the determination shall specify 

which parts of the application are incomplete and how they can be made complete. Upon receipt 

by the Control Officer of any re-submittal of the application, a new thirty (30) day period in which 

the Control Officer must determine completeness shall begin. Completeness of an application or 

resubmitted application shall be evaluated on the basis of the guideline for such, published by the 

Control Officer. After acceptance of an application as complete, the Control Officer shall not 

subsequently request of an applicant any new or additional information which was not specified in 

the Control Officer's list of items to be included within such applications. However, the Control 

Officer may, during the processing of the application, request an applicant to clarify, amplify, 

correct or otherwise supplement the information required in such list in effect at the time the 

complete application was received. Making any such request does not waive, extend, or delay 

the time limits in this section for decision on the completed application, except as the applicant 

and Control Officer may both agree.

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

For those sources subject to Section 030.500, following acceptance of an application as 

complete, the Control Officer shall:

A. Perform the evaluations required to determine compliance with this section and make a 

preliminary written decision as to whether an Authority to Construct should be approved, 

conditionally approved, or disapproved. The decision shall be supported by a succinct 

written analysis;

B. Within ten (10) calendar days following such decision, publish a notice by prominent 

advertisement in at least one (1) newspaper of general circulation in the County, stating 

the preliminary decision of the Control Officer and where the public may inspect the 

information required to be made available. The notice shall provide thirty (30) days from 

the date of publication for the publication for the public to submit written comments on the 

preliminary decision;

C. At the time notice of the preliminary decision is published, make available for public 

inspection at the District office the information submitted by the applicant, the supporting 

analysis for the preliminary decision to grant or deny the Authority to Construct, including 

any proposed permit conditions, and the reasons therefore. The confidentiality of trade 

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

D. No later than the date of publication of the notice, a copy of said notice and any 

appropriate data is to be sent to the Nevada Department of Conservation and Natural 
Resources Division of Environmental Protection, the regional planning authority of 

Washoe County, local government offices, any Indian governing body whose lands may 

be affected by facility emissions, any Federal Land Manager whose lands may be affected 

(including visibility effects) and the Regional Office of the U.S. Environmental Protection 

Agency; and

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

F. The Control Officer shall contact any Federal Land Manager whose lands may be affected 

for comments on the proposed project within 30 days after the application has been 

deemed complete. This shall be for the purpose of obtaining comments on the proposed 

scope of review for affected lands and species.

030.507 COMMENTS

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

comment period.

030.508 FINAL ACTION (Amended 7/28/93)

Within 180 days after acceptance of the application as complete and the completion of all 

required preconstruction monitoring and public notice periods (including those required under the 

District's Part 70 Permit regulations), the Control Officer shall take final action on the application 

after considering all written comments. The Control Officer shall provide written notice of the final 

action to the applicant, the U.S. Environmental Protection Agency, other Affected States and the 

Nevada Department of Conservation and Natural Resources and shall publish such notice in a 

newspaper of general circulation. The notice and all supporting documents shall be made 

available for public inspection during normal business hours.

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

A. Sources Required to Obtain a Part 70 Permit

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

1. Any Major Stationary Source; 

2. Any source, including area sources, subject to a standard, limitation or other 

requirement under section 111 (New Source Performance Standards) of the Act; 

3. Any source, including an area source, subject to a standard or other requirement 

under section 112 (Hazardous Air Pollutants) of the Act. However, a source which 

is subject to regulations or requirements only under section 112(r) of the Act shall 

not be required to obtain a permit; 

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

Act; 

5. Any source in a source category designated by the EPA Administrator pursuant to 

40 CFR Part 70. 
B. Exemptions

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

requirements:

1. Any source subject to this regulation solely because it is subject to 40 CFR Part 

60, subpart AAA, Standards of Performance for New Residential Wood Heaters. 

2. Any source subject to this regulation solely because it is subject to 40 CFR Part 

61, subpart M, National Emission Standards for Hazardous Air Pollutants for 

Asbestos, Standards for Demolition and Renovation. 

3. Insignificant Emission Levels

 Sources with the potential to emit less than an annual average of two (2) pounds 

per day of any criteria pollutant or less than one (1) pound per day of any 

hazardous air pollutant on a facility wide basis are exempted from all part 70 

permitting requirements. Such sources may still be required by the Control Officer 

to obtain a non-Part 70 operating permit under District regulations. No source 

which is itself subject to an applicable requirement may qualify as an insignificant 

source. 

4. All Dry Cleaning operations with the potential to emit less than ten (10) tons per 

year of any criteria or hazardous air pollutant shall be exempted for a period of five 

(5) years from the initial EPA Part 70 program approval date unless required to 

obtain a permit under Section 030.905(A) (5). 

5. All sources which would be subject to Part 70 permits under Section 030.905 (A)

which are not major sources, affected sources or solid waste incineration units 

subject to permitting under section 129(e) of the act, are exempt from 

requirements to obtain a Part 70 permit for a period of 5 years from the date of 

EPA approval of the Washoe County Part 70 permit program. 

6. Sources may seek exempt status by limiting facility emissions to levels below 

those defined for a major source as provided in Section 010.090, part D 

(prohibitory status) and part E (Synthetic Minor sources). 

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

 Any facility whose principal business is to generate electricity using steam derived from 

the burning of fossil fuels must obtain any necessary Part 70 permit(s) from the State of 

Nevada.