# The Washoe County Portion of the Nevada State Implementation Plan to Meet the Lead Infrastructure SIP Requirements of Clean Air Act Section 110(a)(2)

August 25, 2011

Washoe County Health District Air Quality Management Division

P.O. Box 11130
Reno, Nevada 89520-0027
(775) 784-7200 www.washoecounty.us/health

## Acronyms and Abbreviations

AQS Air Quality System

CAA Clean Air Act CFR Code of Federal Regulations

CO Carbon Monoxide DMV Department of Motor Vehicles EPA U.S. Environmental Protection Agency FR Federal Register HA Hydrographic Area I-SIP Infrastructure State Implementation Plan NAAQS National Ambient Air Quality Standard

NDEP Nevada Division of Environmental Protection

NO 2 

### Nitrogen Dioxide

NRS Nevada Revised Statute

NSR New Source Review

O 3 

### Ozone

Pb Lead

PM 2.5 

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

PM 10 

### Particulate Matter less than or equal to a nominal 10 microns in aerodynamic diameter PSD Prevention of Significant Deterioration SIP State Implementation Plan SLAMS State and Local Air Monitoring Station

SO 2 

### Sulfur Dioxide

USC United States Code WCDBOH Washoe County Dist rict Board of Health WCAQMD Washoe County Health District - Air Quality Management Division

i

## Introduction and Background

Sections 110(a)(1) and (2) of the federal Clean Air Act (CAA), 42 USC § 7410(a)(1) and (2)

hereafter referred to as the “Infrastructure” State Implementation Plan (I-SIP) requirements, requires states and delegated local agencies to submit an implementation plan to the U.S. Environmental Protection Agency (EPA) demonstra ting their ability and authority to implement,
maintain, and enforce each National Ambient Ai r Quality Standard (NAAQS). Section 110(a)(1) addresses the timing requirement for the submissions of the I-SIP. Washoe County is required to submit an I-SIP to EPA not later than 3 years after promulgation of a new or revised NAAQS regardless of whether or not the local jurisdiction has any nonattainment areas.

Section 110(a)(2) lists the required elements that cover the I-SIP. These elements include: enforceable emission limitations, air quality modeling, enforcement programs, ambient air monitoring programs, and confirma tion of adequate personnel, reso urces and legal authorities. The following elements are addressed in this I-SIP:

 Enforceable Emission Limitations and Ot her 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 Monito ring 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 Nonatta inment Areas (110(a)(2)(I))

 Consultation and Public No tification (110(a)(2)(J))

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

 Major Stationary Source Pe rmitting Fees (110(a)(2)(L))

 Consultation with Local Entities (110(a)(2)(M))

This I-SIP addresses Washoe County’s portion of the State of Nevada’s requirements for the
2008 Lead (Pb) NAAQS.

Washoe County Health District - A QMD August 25, 2011 Lead Infrastructure SIP 1Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP2Table 1Current CAA 110(a)(2)(A)-(M) Requirements in the WashoeCounty Portion of the Nevada Infrastructure SIPfor the 2008 Lead NAAQS, Unless Otherwise Noted§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(A)Enforceable emission limits and other control measures:Requires SIPs to include enforceable emission limits and other control measures, means, or techniques, and schedules forcompliance.WCDBOH Regulations Governing Air Quality Management (Regulation) Section020.005 (See 38 FR 12702) authorizes theControl 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);040.070; 040.075; 040.080; 040.085; 040.090 (See 46 FR 21758); and050.001 (See 72 FR 33397).The following Sections have not been submitted as part ofthe SIP, but have been adopted by the WCDBOH and furthersupport this element requirement (See Attachment B):020.0051 (Board of Health - Powers and Duties); and020.020 (Control Officer - Powers and Duties).(B)Ambient air quality monitoring/data system:Requires SIPs to provide for establishment and operation of ambient air quality monitors, collection and analysis of ambientair quality data, and to make these data available to EPA upon request.The WCAQMD operates an ambient air monitoring network inaccordance with 40 CFR 58. The network is reviewedannually pursuant to 40 CFR 58.10 to ensure it meets ambient air monitoring objectives (See Attachment A).40 CFR 58, Appendix D requires a minimum ofone source-oriented SLAMS site tomeasure the maximum Pb concentrationin ambient air resulting from each non-airport Pb source emitting 0.5 or more tons per year, or airport Pb source emitting 1.0or more tons per year. The WCAQMD prepares, and submits toEPA, periodic emission inventories on a triennial schedule.Currently, there are no sources meeting those Pb criteria.Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP3§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(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 newand modified stationary sources as necessary to assure thatthe NAAQS are achieved, including a permit program as requiredin Parts C and D.WCDBOH Regulation Section 020.005 (See 38FR 12702) authorizes the Control Officer to enforce all SIP measuresincluding 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);040.070; 040.075; 040.080; 040.085; 040.090 (See 46 FR 21758); and050.001 (See 72 FR 33397).The following Sections have not been submitted as part ofthe SIP, but have been adopted by the WCDBOH and furthersupport 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); and030.905 (Sources Requiring Part 70 Permits).On March 3, 2008, the WCAQMD receivedfull delegation of the federal PSDprogram (See Washoe County 2006 PM2.5NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated into Nevada’s SIP (40 CFR 52.1485).Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP4§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(D)Interstate transport provisions:Requires SIPs to contain adequate provisions prohibiting emissions generated withinthe state from contributing significantlyto nonattainment in, or interfering with maintenance by, any other state with respect to the NAAQS, or from interfering withmeasures required to be included in the SIP of any other state to prevent significant deterioration or toprotect visibility.On July 31, 2007, EPA’s approval of Nevada’s interstate transport SIP (CAA 110(a)(2)(D)(i)) for the 8-hour ozone andPM2.5NAAQS promulgated in July 1997 waspublished in the Federal Register (See 72 FR 41629). Also, Article 13 ofNevada’s SIP, “General Provisions forthe Review of New Sources,” requiresan environmental evaluation before aregistration certificate may be issued.Per draft EPA guidance dated June 17, 2011 regarding SIP elements required by the 2008 Pb NAAQS, the physicalproperties of Pb prevent Pb emissions from experiencing the same travel or formation phenomena as PM2.5or ozone. Morespecifically, there is a sharp decrease in Pbconcentrations, at least in the coarsefraction, as the distance from a Pb sourceincreases. Pb sources contribute significantly to non-attainment orinterfere with maintenance inneighboring states if: 1) thesource has emissions of 0.5 or more tons per year; and 2) is located inclose proximity to state borders (i.e., within 2 miles).The WCAQMD prepares, and submits to EPA, periodic emissioninventories on a triennial schedule. Currently, there are nosources emitting 0.5 or more tons per year.Finally, on March 3, 2008, the WCAQMD received full delegation of the federal PSD program (See Washoe County 2006PM2.5NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated into Nevada’s SIP (40 CFR 52.1485).(E)Adequate resources:Requires SIPs to provide necessary assurances for adequate personnel, funding, and authority under state law to carry out itsSIP, to contain requirements addressing potential conflicts of interest, and to provide necessary assurances that the stateretains responsibility for ensuring adequate implementationof the SIP where the state relies on a local or regionalgovernment for implementation of any SIP provision.NRS 445B.500 authorizes the WCDBOH to implement and administer air quality management programs within thegeographic boundaries of Washoe County.These programs are managed through the WCAQMD. For the current fiscalyear (2011-12), the WCAQMD consists of19 allocated full-time staff. Primary funding sources are: 1) Operating permitfees; 2) EPA grants; 3) Nevada DMV funds; and 4) the Cityof Reno, City of Sparks, and County of Washoe via an interlocal agreement with the Washoe CountyHealth District (See Washoe County 2006 PM2.5NAAQS I-SIP, Attachment D,submitted December 4, 2009).Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP5§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(F)Stationary source monitoring system:Requires SIPs to establish a system to monitor emissions fromstationary sources, to submitperiodic emissions reports, tocorrelate the emissions reports with the corresponding SIP emission limits and standards, and to make emissions reportsavailable to the public.WCDBOH Regulation Section 020.005 (See 38FR 12702) authorizes the Control Officer to enforce all SIP measuresincluding the following previously submitted Sections related toauthority for stationary source monitoring and reporting:030.210; 030.250 (See 46 FR 21758);The following Sections have not been submitted as part ofthe SIP, but have been adopted by the WCDBOH and furthersupport this element requirement (See Attachment B):020.0051 (Board of Health - Powers and Duties);020.060 (Sampling and Testing);030.230 (Record Keeping); and030.235 (Requirements for Source Sampling and Testing).(G)Emergency episodes:Requires SIPs to provide for authority toaddress activities causing imminent andsubstantial endangerment to public healthand to provide for adequate contingency plans to implement such authority.40 CFR 51, Appendix L does not specify action levels for Pb. In addition, 40 CFR 58, Appendix D requires a minimum ofone source-oriented SLAMS site to measure the maximum Pbconcentration in ambient air resulting from each non-airportPb source emitting 0.5 or more tons per year, or airportPb source emitting 1.0 or more tons per year. The WCAQMDprepares, and submits to EPA, periodic emission inventories on a triennial schedule. Currently,there are no sources meetingthose Pb criteria. In addition, general emergencypowers are provided in Nevada’s SIP in NRS 445B.560.Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP6§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(H)Future SIP revisions:Requires SIPs to provide for SIP revisionsin response to changes inthe NAAQS, or availabilityof improved methods forattaining the NAAQS, and in response to an EPAfinding that the SIP is substantially inadequate.WCDBOH Regulation Section 020.005 (See38 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 maintainlevels of air quality toprotect human health”.(I)SIP revisions for new non-attainment areas:Requires SIP revisions to meet the applicable Part D requirementsrelating to non-attainment areas.The WCAQMD commits to submit SIP revisions whenever the county, or portionsof the county, are newly designated nonattainment for any federal NAAQS.(J)[§121]Consultation with government officials, publicnotification, PSD andvisibility protection:Requires states to provide a process for consultation withlocal governments and Federal Land Managers carrying outNAAQS implementation requirements; . . .All SIP elements are adopted by the WCDBOH before being formally submitted as the Washoe County portion of theNevada SIP. Participation by local political subdivisions is authorized by WCDBOHRegulation Section 020.005 (See 38FR 12702) and an inter-local agreement between the City of Reno, City of Sparks, and the County of Washoe, Nevada (SeeWashoe County 2006 PM2.5NAAQS I-SIP, Attachment D, submitted December 4, 2009). This inter-local agreementrequires that the WCDBOH include one elected official from each of the three political subdivisions in Washoe County. TheWCAQMD is committed to include all stakeholders, such aslocal governments and federal land managers, in the SIPdevelopment process.Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP7§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(J)[§127]. . . requires SIPs to notify the public ifNAAQS are exceeded in an area and to enhance public awareness of measures thatcan be taken to prevent exceedances; and . . .WCDBOH Regulation Section 050.001 (See 72 FR 33397) authorizes the WCAQMD to advise the public on measures thatare taken to reduce their exposure during elevated air pollutant concentrations. Near-time ambient air monitoring data areposted on the WCAQMD website (www.washoecounty.us/health/aqm/home.html).A Trends report, which summarizesmonitored ambient air quality in Washoe County, is prepared annually and also posted on the WCAQMD website.(J)[Part C PSD/ Visibility]. . . requires SIPs to meet applicable requirements of Part C related to preventionof significant deterioration and visibilityprotection.On July 31, 2007, EPA’s approval of Nevada’s interstatetransport SIP (CAA 110(a)(2)(D)(i)) for the 8-hour O3and PM2.5NAAQS promulgated in July 1997 was published in the FederalRegister (See 72 FR 41629). Also, Article 13 of Nevada’sSIP, “General Provisions for the Review of New Sources,”requires an environmental evaluation before a registrationcertificate may be issued. Finally, on March 3, 2008, theWCAQMD received full delegation of the federal PSD program(See Washoe County 2006 PM2.5NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated intoNevada’s SIP (40 CFR 52.1485).(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 anyNAAQS pollutant and the submission of such data to EPA upon request.The following Sections have not been submitted as part ofthe SIP, but have been adopted by the WCDBOH and furthersupport this element requirement (See Attachment B):030.235 (Requirements for Source Sampling and Testing); and030.503 (Conditions for Approval).Washoe County Health District - AQMD August 25, 2011Lead Infrastructure SIP8§110(a)(2)elementCurrent programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unless otherwise noted(L)Permitting fees:Requires SIPs to require each major stationary source to pay permitting fees tocover the cost of reviewing, acting upon,implementing and enforcing a permit until such fee requirementis superseded by EPA approvalof a fee program under TitleV of the CAA.Permitting fees are authorized underWCDBOH Regulation Sections 030.210 (See 46 FR 21758) and 030.310 (See 46 FR43141).(M)Consultation/participationby affected local entities:Requires SIPs to provide for consultation and participation in SIP development by local political subdivisions affected by theSIP.All SIP elements are adopted in a public hearing by the WCDBOH before being formallysubmitted as the Washoe Countyportion of the Nevada SIP. Participation by local political subdivisions is authorized byWCDBOH Regulation Section020.005 (See 38 FR 12702) and an inter-local agreement betweenthe City of Reno, City of Sparks, and the County ofWashoe, Nevada (See Washoe County 2006 PM2.5NAAQS I-SIP, Attachment D, submitted December 4, 2009). This interlocal agreement requires that the WCDBOHinclude one elected official from eachof the three political subdivisions inWashoe County.

### Attachm ent A

Letter from Matthew Lakin (E PA Region IX) to Kevin Dick (WCAQMD) Regarding the “2010 Annual Monitoring Network Plan” (November 1, 2010)UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX

75 Hawthorne Street

San Francisco, CA 94105·3901



### Mr. Kevin Dick, Director

Washoe County Health District

Air Quality Management Division

1001 East Ninth Street, Suite A-115

P.O. Box 11130

Reno, NV 89520-0027

Dear Mr. Dick: 

## lIWU2DlO

Thank you for your submittal of the 2010 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 meets the minimum requirements set forth under 40

CFR Part 58.10. We have included comments and recommendations for next year's network
plan. We would also like to take this opportunity to thank you for your timely submission of the

2010 Network Assessment. We recognize that preparing the network assessment was a significant project and we appreciate your efforts. EPA plans to provide feedback regarding

network assessments during the winter of 2011.

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

to contact me at (415) 972-3851 or Elfego Felix at (415) 947-4141.

Enclosures Sincerely,

# I/~?**~** Matthew Lakin, Manager

. Air Quality Analysis Office

Air Division

cc: Duane Sikorski, Monitoring Supervisor, AQMD

Pdmed Ofl Recycled Paper

### Comments on 2010 Networl, Plan for Washoe County AQMD

Please implement the following recommendations/or next year's network plan:

Comments:

Toll site ozone monitor distance from road (pp.34-36): 40 CFR 58, App. E, 6.1 discusses the

minimum separation distance from the road for ozone monitors classified as neighborhood scale.

For a distance of20 meters, it is required that the average daily traffic be no more than 15,000

vehicles per day. Washoe County AQMD has reported this daily traffic count to be 16,033

vehicles per day for the neighborhood scale ozone monitor. It 

### is recommended that AQMD take

the appropriate measures to ensure that this ozone monitor is meeting the siting criteria set forth
by 40 CFR 58, App. E, 6.1. Because this ozone monitor is only violating the requirement by a
minimal distance (less than 2 meters), 

### it may be that a more precise measurement from the actual

monitor rather than from the general site would suffice. AQMD appears to report the distance to

the road as 

### it applies to the entire site, since the same distance is reported from each monitor.

Toll site carbon monoxide spatial scale (pp.34-36): 40 CFR 58, App. E, 6.2 (c) discusses the

minimum distance between a roadway and a neighborhood scale carbon monoxide monitor.
According to this table and given the traffic count and distance from roadway information that
AQMD provides for the Toll site, the spatial scale for the carbon monoxide monitor should be
changed to that representative of a middle scale.

Statement a/purpose/or each monitor at site (all sites): 40 CFR 58.10 (a) (1) requires that a

statement of purpose for each monitor be included in the annual monitoring network plan. This

may be addressed in the form of a descriptive site overview for each site, as long as the purpose
of each monitor is discussed.

### Attachm ent B

Washoe County District Board of Health Regulations Govern ing Air Quality Management Not Included in the Washoe County Portion of the Nevada Lead Infrastructure SIP But Further Support CAA 110(a)(2)(A)-(M) Requirements010.1303 "REGULATED AI R 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 pollut ion 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 prac tices 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 compliancewith these regulations and the Nevada Revised Statutes pertaining to the emission of air contaminants into the atmosphere within the territorial limits of the Washoe County Health

District.

020.020 CONTROL OFFICER - POWER AND DUTIES

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

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

B. By 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 sa id infractions.

F. By requesting the Board of Health to inst itute 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 co nstruction 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.

030.230 RECORD KEEPING (Amended 9/23/92)

The Control Officer may require any holder of a Permit to Operate to keep adequate records concerning contaminant emissions for any equipment or process for which the permit was issued. All permittees operating add-on emissions control equipment will maintain records sufficient to legally demonstrate that the equipment has operated in compliance with all applicable Federal, State and District regulations. The permittee shal l also record any times or occasions when theemissions control equipment is not in operation due to equipment failure, maintenance or any

other reason.

030.235 REQUIREMENTS FOR SOURCE SAMPLING AND TESTING

To determine the exact quantity and effect of emissions produced by stationary sources, the Control Officer may require source stack testing, or other types of source testing including, but not limited to, mass balance types of analysis, be made by the operator. Alternatively, and after consultation with the permittee, the Control Officer may require that testing be reviewed and overseen by an independent third party of the Control Officer's selection to insure the quality and accuracy of the test results. The Control Office r may also require other types of pollutant impact analysis, including but not limited to, epidemiological testing of persons who may be affected by the operations of the source, risk assessment determinations, source or receptor modeling and off-site ambient pollutant level monitoring. Completion of testing may be required prior to the issuance or continuance of a permit to operate. The Control Officer may require that all costs of any testing required under this section be borne by the operator or source owner.

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 an d 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 modifica tion is required to meet an emission limitation which specifies lowest achievable emission rate for such

source.

Condition 2 The applicant must certify t hat 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 emissi on limitations and standards underthe 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 SO 2 reductions). All emission reductions for the purpose of offsets shall be enforceable under the

Clean Air Act.

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

All offset emissions reductions shall be, by the time a new or modified source commences 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 obta ined 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 outwe igh 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) ca lendar 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 ad ditional 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 delaythe time limits in this section for decision on th e 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 Offi cer and where the public may inspect the information required to be made available. T he 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 inform ation 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 affect ed 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 Contro l Officer shall take final action on the applicationafter 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 requir ed 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 neces sary Part 70 permit(s) from the State of

Nevada.