APPENDIX E

Non-SIP Provisions Cited in Elements A and J
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APPENDIX E

Non-SIP Provisions Cited in Elements A and J

Nevada Administrative Code

Chapter 445B, Air Controls (August 2012 codification):

 NAC 445B.221 Adoption by reference and applicability of certain provisions of federal law and 

regulations. (NRS 445B.210)

 1. Title 40 C.F.R. §§ 51.100(s), 51.100(nn) and 51.301 and Appendix S of 40 C.F.R. Part 51 are hereby adopted 

by reference as they existed on July 1, 2010.

 2. Title 40 C.F.R. § 51.165 is hereby adopted by reference as it existed on July 1, 2002.

 3. Appendices M and W of 40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1, 2010.

 4. Title 40 C.F.R. § 52.21 is hereby adopted by reference as it existed on July 18, 2011.

 5. Appendix E of 40 C.F.R. Part 52 is hereby adopted by reference as it existed on July 1, 2011.

 6. The following subparts of 40 C.F.R. Part 60 are hereby adopted by reference:

 (a) Subpart A, except §§ 60.4, 60.8(b)(2), 60.8(b)(3), 60.8(g) and 60.11(e), as it existed on July 1, 2011;

 (b) Section 60.21 of Subpart B, as it existed on July 1, 2011;

 (c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, 

S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, 

VVa, WW, XX, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, 

TTT, UUU, VVV, WWW, AAAA, CCCC, DDDD, EEEE, FFFF and KKKK as they existed on July 1, 2011;

 (d) Subpart HHHH, except §§ 60.4105(b)(2), 60.4106, 60.4120 to 60.4142, inclusive, 60.4153(a) and (b) and 

60.4176, as it existed on June 9, 2006; and

 (e) Subparts IIII and JJJJ as they existed on August 29, 2011.

 7. Appendices A, B and F of 40 C.F.R. Part 60 are hereby adopted by reference:

 (a) Appendix A as it existed on July 1, 2010; and

 (b) Appendices B and F as they existed on July 1, 2011.

 8. Subparts A, C, D, E, F, H, I, J, K, L, N, O, P, Q, R, T, V, W, Y, BB and FF of 40 C.F.R. Part 61 are hereby 

adopted by reference as they existed on July 1, 2010.

 9. Appendix B of 40 C.F.R. Part 61 is hereby adopted by reference as it existed on July 1, 2010.

 10. The following subparts of 40 C.F.R. Part 63 are hereby adopted by reference:

 (a) Subpart A as it existed on July 1, 2010;

 (b) Subparts B, C, F, G, H, I, J, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, 

LL, MM, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ, LLL, MMM, 

NNN, OOO, PPP, QQQ, RRR, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, 

IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW, 

XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, JJJJJ, 

KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS, WWWWW, YYYYY, ZZZZZ, BBBBBB, 

CCCCCC, DDDDDD, EEEEEE, FFFFFF, GGGGGG, HHHHHH, JJJJJJ, LLLLLL, MMMMMM, NNNNNN, 

OOOOOO, PPPPPP, QQQQQQ, RRRRRR, SSSSSS, TTTTTT, VVVVVV, XXXXXX, ZZZZZZ, AAAAAAA, 

BBBBBBB, CCCCCCC and EEEEEEE, as they existed on July 1, 2011; and

 (c) Subpart WWWWWW as it existed on October 19, 2011.

 11. Appendix A of 40 C.F.R. Part 63 is hereby adopted by reference as it existed on July 1, 2011.

 12. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1, 2011. If the provisions of 40 

C.F.R. Part 72 conflict with or are not included in NAC 445B.001 to 445B.3689, inclusive, the provisions of 40 

C.F.R. Part 72 apply.
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 13. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 2011. If the provisions of 40 

C.F.R. Part 76 conflict with or are not included in NAC 445B.001 to 445B.3689, inclusive, the provisions of 40 

C.F.R. Part 76 apply.

 14. Title 42 of the United States Code, section 7412(b), List of Hazardous Air Pollutants, is hereby adopted by 

reference as it existed on October 1, 1993.

 15. The Standard Industrial Classification Manual, 1987 edition, published by the United States Office of 

Management and Budget, is hereby adopted by reference. A copy of the manual may be obtained, free of charge, 

from the United States Department of Labor at the Internet address http://www.dol.gov.

 16. A copy of the publications which contain the provisions adopted by reference in subsections 1 to 14, 

inclusive, may be obtained from the:

 (a) Division of State Library and Archives of the Department of Administration for 10 cents per page.

 (b) Government Printing Office, free of charge, at the Internet address 

http://www.gpoaccess.gov/nara/index.html.

 17. The following standards of ASTM International are hereby adopted by reference:

 (a) ASTM D5504, “Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous 

Fuels by Gas Chromatography and Chemiluminescence,” set forth in Volume 05.06 of the 2008 Annual Book of 

ASTM Standards. A copy of ASTM D5504 is available by mail from ASTM International, 100 Barr Harbor Drive, 

West Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the Internet address 

http://www.astm.org, for the price of $40.

 (b) ASTM D2234 and D2234M, “Standard Practice for Collection of a Gross Sample of Coal,” set forth in 

Volume 05.06 of the 2008 Annual Book of ASTM Standards. A copy of ASTM D2234 and D2234M is available by 

mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by 

telephone at (610) 832-9585 or at the Internet address http://www.astm.org, for the price of $40.

 (c) ASTM D2013, “Standard Practice for Preparing Coal Samples for Analysis,” set forth in Volume 05.06 of the 

2008 Annual Book of ASTM Standards. A copy of ASTM D2013 is available by mail from ASTM International, 100 

Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the 

Internet address http://www.astm.org, for the price of $46.

 (d) ASTM D6784, “Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue 

Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method),” set forth in Volume 11.07 of the 2008 

Annual Book of ASTM Standards. A copy of ASTM D6784 is available by mail from ASTM International, 100 Barr 

Harbor Drive, West Conshohocken, Pennsylvania 19428-2959, by telephone at (610) 832-9585 or at the Internet 

address http://www.astm.org, for the price of $46.

 (e) ASTM D2015, “Standard Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb 

Calorimeter,” dated April 10, 2000. A copy of ASTM D2015 is available for purchase at the IHS Standards Store, 

15 Inverness Way East, M/S A110B, Englewood, Colorado 80112, or at the Internet address http://global.ihs.com, 

for the price of $56.

 (f) ASTM D3286, “Standard Test Method for Gross Calorific Value of Coal and Coke by the Isoperibol Bomb 

Calorimeter,” dated July 10, 1996. A copy of ASTM D3286 is available for purchase at the IHS Standards Store, 15 

Inverness Way East, M/S A110B, Englewood, Colorado 80112, or at the Internet address http://global.ihs.com, for 

the price of $56.

 (g) ASTM D1989, “Standard Test Method for Gross Calorific Value of Coal and Coke by Microprocessor 

Controlled Isoperibol Calorimeters,” dated July 10, 1997. A copy of ASTM D1989 is available for purchase at the 

IHS Standards Store, 15 Inverness Way East, M/S A110B, Englewood, Colorado 80112, or at the Internet address 

http://global.ihs.com, for the price of $56.

 18. For the purposes of the provisions of 40 C.F.R. Parts 60, 61 and 63, adopted by reference pursuant to this 

section, the Director may not approve alternate or equivalent test methods or alternative standards or work practices.

 19. Except as otherwise provided in subsections 12 and 13, the provisions adopted by reference in this section 

supersede the requirements of NAC 445B.001 to 445B.3689, inclusive, for all stationary sources subject to the 

provisions adopted by reference only if those requirements adopted by reference are more stringent.

 20. For the purposes of this section, “administrator” as used in the provisions of 40 C.F.R. Part 60, except 

Subpart B § 60.21 and Subpart HHHH §§ 60.4101 to 60.4105, inclusive, 60.4107 to 60.4114, inclusive, 60.4151 to 

60.4173, inclusive, and 60.4175, and Parts 61 and 63, adopted by reference pursuant to this section, means the 

Director.
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 (Added to NAC by Environmental Comm’n, eff. 10-19-83; A 12-5-84; 10-15-85; 8-22-86; 10-22-87; 10-18-88; 9-

19-90; 9-4-92; 10-29-93; 12-13-93; 3-29-94; 10-30-95; R105-97, 3-5-98; R126-98, 11-2-98; R022-99, 9-27-99; 

R103-02, 12-17-2002; R198-03, 4-26-2004; R125-04, 9-24-2004; R037-05, 10-31-2005; R189-05 & R206-05, 5-4-

2006; R151-06 & R162-06, 9-18-2006; R057-07, 10-31-2007; R143-07, 1-30-2008; R076-08, 8-26-2008; R190-08, 

4-23-2009; R088-09, 11-25-2009; R040-10, 7-22-2010; R014-11 & R015-11, 10-26-2011; R129-11, 5-30-2012)

Nevada Revised Statutes

Title 18 Chapter 233B, Nevada Administrative Procedure Act:

 NRS 233B.060 Notice of adoption, amendment or repeal of permanent or temporary regulation; adoption 

of permanent regulation after adoption of temporary regulation.

 1. Except as otherwise provided in subsection 2 and NRS 233B.061, before adopting, amending or repealing:

 (a) A permanent regulation, the agency must, after receiving the approved or revised text of the proposed 

regulation prepared by the Legislative Counsel pursuant to NRS 233B.063, give at least 30 days’ notice of its 

intended action, unless a shorter period of notice is specifically permitted by statute.

 (b) A temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter 

period of notice is specifically permitted by statute.

 2. Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice 

and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the 

opportunity for a hearing, a permanent regulation, but the language of the permanent regulation must first be 

approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative 

Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067.

 3. If the Public Utilities Commission of Nevada has adopted a temporary regulation after notice and the 

opportunity for a hearing as provided in this chapter, it may adopt a substantively equivalent permanent regulation 

without further notice or hearing, but the language of the permanent regulation must first be approved or revised by 

the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission or the 

Subcommittee to Review Regulations.

 (Added to NRS by 1965, 964; A 1973, 621; 1975, 1157, 1413; 1977, 1386, 1547, 1549; 1981, 186; 1983, 1123, 

1244; 1995, 130; 1997, 1973; 2007, 871; 2009, 2284)

 NRS 233B.0603 Contents and form of notice of intent to adopt, amend or repeal permanent or temporary 

regulation; solicitation of comments from public or affected businesses.

 1. The notice of intent to act upon a regulation required pursuant to NRS 233B.060 must:

 (a) Include:

 (1) A statement of the need for and purpose of the proposed regulation.

 (2) If the proposed regulation is a temporary regulation, either the terms or substance of the proposed 

regulation or a description of the subjects and issues involved. 

 (3) If the proposed regulation is a permanent regulation, a statement explaining how to obtain the approved 

or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063.

 (4) A statement of the estimated economic effect of the regulation on the business which it is to regulate and 

on the public. These must be stated separately and in each case must include:

 (I) Both adverse and beneficial effects; and

 (II) Both immediate and long-term effects.

 (5) A statement identifying the methods used by the agency in determining the impact on a small business 

prepared pursuant to subsection 3 of NRS 233B.0608.

 (6) The estimated cost to the agency for enforcement of the proposed regulation.

 (7) A description of any regulations of other state or local governmental agencies which the proposed 

regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the 

regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal 

agency.

 (8) If the regulation is required pursuant to federal law, a citation and description of the federal law.
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 (9) If the regulation includes provisions which are more stringent than a federal regulation that regulates the 

same activity, a summary of such provisions.

 (10) The time when, the place where and the manner in which interested persons may present their views 

regarding the proposed regulation.

 (b) If the proposed regulation is a temporary regulation, state each address at which the text of the proposed 

regulation may be inspected and copied.

 (c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064.

 (d) Include a statement indicating whether the regulation establishes a new fee or increases an existing fee.

 (e) Be mailed to all persons who have requested in writing that they be placed upon a mailing list, which must be 

kept by the agency for that purpose.

 (f) Be submitted to the Legislative Counsel Bureau for inclusion in the Register of Administrative Regulations 

created pursuant to NRS 233B.0653. The publication of a notice of intent to act upon a regulation in the Register 

does not satisfy the requirements for notice set forth in paragraph (e).

 2. The Attorney General may by regulation prescribe the form of notice to be used.

 3. In addition to distributing the notice to each recipient of the agency’s regulations, the agency shall also solicit 

comment generally from the public and from businesses to be affected by the proposed regulation.

 (Added to NRS by 1983, 1124; A 1995, 130, 239; 1997, 184, 1390; 2005, 1479; 2007, 872)

 NRS 233B.061 Proposed permanent or temporary regulation: Public comment; workshop; public 

hearing; applicability of Open Meeting Law.

 1. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a 

proposed regulation, orally or in writing.

 2. Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one 

workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed 

regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for 

the workshop:

 (a) In writing to each person who has requested to be placed on a mailing list; and

 (b) In any other manner reasonably calculated to provide such notice to the general public and any business that 

may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

 3. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if 

no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency 

may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral 

submissions respecting the proposed regulation.

 4. An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency 

holds the workshop required pursuant to subsection 2.

 5. Each workshop and public hearing required pursuant to subsections 2 and 3 must be conducted in accordance 

with the provisions of chapter 241 of NRS.

 (Added to NRS by 1983, 1125; A 1989, 571; 1997, 185; 2005, 1407; 2007, 873; 2009, 2284)

Title 40 Chapter 445B, Air Pollution: 

 NRS 445B.100 Declaration of public policy.

 1. It is the public policy of the State of Nevada and the purpose of NRS 445B.100 to 445B.640, inclusive, 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, esthetic and historic values of the State.

 2. It is the intent of NRS 445B.100 to 445B.640, inclusive, to:

 (a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the 

State of Nevada;

 (b) Maintain cooperative programs between the State and its local governments; and

 (c) Facilitate cooperation across jurisdictional lines in dealing with problems of air pollution not confined within 

a single jurisdiction.

 3. The quality of air is declared to be affected with the public interest, and NRS 445B.100 to 445B.640, 

inclusive, are enacted in the exercise of the police power of this State to protect the health, peace, safety and general 

welfare of its people.
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 4. It is also the public policy of this State:

 (a) To provide for the integration of all programs for the prevention of accidents in this State involving 

chemicals, including, without limitation, accidents involving hazardous air pollutants, highly hazardous chemicals, 

highly hazardous substances and extremely hazardous substances; and

 (b) Periodically to retire a portion of the emission credits or allocations specified in NRS 445B.235 that may 

otherwise be available for banking or for sale pursuant to that section.

 (Added to NRS by 1971, 1191; A 1993, 2851; 2007, 1023, 3311)