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 

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 

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) demonstrating their ability and authority to implement, 

maintain, and enforce each National Ambient Air 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 confirmation of adequate personnel, resources and legal authorities. 

The following elements are addressed in this I-SIP: 

 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)) 

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 - AQMD August 25, 2011 

Lead Infrastructure SIP 1 
Washoe County Health District - AQMD 

Lead Infrastructure SIP 2 

Table 1 

Current CAA 110(a)(2)(A)-(M) Requirements in the Washoe County Portion of the Nevada Infrastru

for the 2008 Lead NAAQS, Unless Otherwise Noted 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(A) 

Enforceable emission limits and other control measures: Requires SIPs to include enforceable emission limits and other control measures, means, or techniqucompliance. WCDBOH Regulations Governing Air Quality Management (Regulation) Section 020.005 (See 38 F

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 Subse

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); 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 WCsupport this element requirement (See Attachment B):  020.0051 (Board of Health - Powers and Duties); and  020.020 (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 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 ne

annually pursuant to 40 CFR 58.10 to ensure it meets ambient air monitoring objectives (See Attach40 CFR 58, Appendix D requires a minimum of one source-oriented SLAMS site to measure the main ambient air resulting from each non-airport Pb source emitting 0.5 or more tons per year, or airpor

or more tons per year. The WCAQMD prepares, and submits to EPA, periodic emission inventories Currently, there are no sources meeting those Pb criteria. 
Washoe County Health District - AQMD 

Lead Infrastructure SIP 3 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(C) 

Program for enforcement of control measures: Requires SIPs to include a program providing for enforcement of all SIP measures and the regulation and modified stationary sources as necessary to assure that the NAAQS are achieved, including a pein Parts C and D. WCDBOH Regulation Section 020.005 (See 38 FR 12702) authorizes the Control Officer to enforce 

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 Subse

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); 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 WCsupport 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 

NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated into Nevada’s SIP (
Washoe County Health District - AQMD 

Lead Infrastructure SIP 4 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(D) 

Interstate transport provisions: Requires SIPs to contain adequate provisions prohibiting emissions generated within the state from cto nonattainment in, or interfering with maintenance by, any other state with respect to the NAAQS, measures required to be included in the SIP of any other state to prevent significant deterioration or tOn July 31, 2007, EPA’s approval of Nevada’s interstate transport SIP (CAA 110(a)(2)(D)(i)) for th

PM2.5 NAAQS promulgated in July 1997 was published in the Federal Register (See 72 FR 41629). Nevada’s SIP, “General Provisions for the Review of New Sources,” requires an environmental evalregistration certificate may be issued. Per draft EPA guidance dated June 17, 2011 regarding SIP elements required by the 2008 Pb NAAQproperties of Pb prevent Pb emissions from experiencing the same travel or formation phenomena as 

specifically, there is a sharp decrease in Pb concentrations, at least in the coarse fraction, as the distaincreases. Pb sources contribute significantly to non-attainment or interfere with maintenance in neisource has emissions of 0.5 or more tons per year; and 2) is located in close proximity to state bordeThe WCAQMD prepares, and submits to EPA, periodic emission inventories on a triennial schedulesources emitting 0.5 or more tons per year. Finally, on March 3, 2008, the WCAQMD received full delegation of the federal PSD program (See PM2.5 NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is incorporated into Nevada’

(E) 

Adequate resources: Requires SIPs to provide necessary assurances for adequate personnel, funding, and authority under SIP, to contain requirements addressing potential conflicts of interest, and to provide necessary assurretains responsibility for ensuring adequate implementation of the SIP where the state relies on a locgovernment for implementation of any SIP provision. NRS 445B.500 authorizes the WCDBOH to implement and administer air quality management prog

geographic boundaries of Washoe County. These programs are managed through the WCAQMD. Fyear (2011-12), the WCAQMD consists of 19 allocated full-time staff. Primary funding sources arefees; 2) EPA grants; 3) Nevada DMV funds; and 4) the City of Reno, City of Sparks, and County of local agreement with the Washoe County Health District (See Washoe County 2006 PM2.5 NAAQS 

submitted December 4, 2009). 
Washoe County Health District - AQMD 

Lead Infrastructure SIP 5 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(F) 

Stationary source monitoring system: Requires SIPs to establish a system to monitor emissions from stationary sources, to submit periodic correlate the emissions reports with the corresponding SIP emission limits and standards, and to makavailable to the public. WCDBOH Regulation Section 020.005 (See 38 FR 12702) authorizes the Control Officer to enforce 

including the following previously submitted Sections related to authority for stationary source mon 030.210; 030.250 (See 46 FR 21758); The following Sections have not been submitted as part of the SIP, but have been adopted by the WCsupport this element requirement (See Attachment B):  020.0051 (Board of Health - Powers and Duties);  020.060 (Sampling and Testing);  030.230 (Record Keeping); and  030.235 (Requirements for Source Sampling and Testing). 

(G) 

Emergency episodes: Requires SIPs to provide for authority to address activities causing imminent and substantial endangand 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 

one source-oriented SLAMS site to measure the maximum Pb concentration in ambient air resulting Pb source emitting 0.5 or more tons per year, or airport Pb source emitting 1.0 or more tons per yearprepares, and submits to EPA, periodic emission inventories on a triennial schedule. Currently, ther

those Pb criteria. In addition, general emergency powers are provided in Nevada’s SIP in NRS 445B
Washoe County Health District - AQMD 

Lead Infrastructure SIP 6 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(H) 

Future SIP revisions: Requires SIPs to provide for SIP revisions in response to changes in the NAAQS, or availability of iattaining 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 

(Board of Health - Powers and Duties) which provides the WCDBOH the authority to revise a SIP “

levels of air quality to protect human health”. 

(I) SIP revisions for new non-attainment areas: Requires SIP revisions to meet the applicable Part D requirements relating to non-attainment areas. 

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

attainment for any federal NAAQS. 

(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 ManaNAAQS implementation requirements; . . . All SIP elements are adopted by the WCDBOH before being formally submitted as the Washoe Cou

Nevada SIP. Participation by local political subdivisions is authorized by WCDBOH Regulation SeFR 12702) and an inter-local agreement between the City of Reno, City of Sparks, and the County oWashoe County 2006 PM2.5 NAAQS I-SIP, Attachment D, submitted December 4, 2009). This inte

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

WCAQMD is committed to include all stakeholders, such as local governments and federal land mandevelopment process. 
Washoe County Health District - AQMD 

Lead Infrastructure SIP 7 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(J) 

[§127] 

. . . requires SIPs to notify the public if NAAQS are exceeded in an area and to enhance public awarecan be taken to prevent exceedances; and . . . WCDBOH Regulation Section 050.001 (See 72 FR 33397) authorizes the WCAQMD to advise the pare taken to reduce their exposure during elevated air pollutant concentrations. Near-time ambient aposted on the WCAQMD website (www.washoecounty.us/health/aqm/home.html). A Trends report

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

(J) 

[Part C PSD 

/ Visibility] 

. . . requires SIPs to meet applicable requirements of Part C related to prevention of significant deterprotection. On July 31, 2007, EPA’s approval of Nevada’s interstate transport SIP (CAA 110(a)(2)(D)(i)) for th

NAAQS promulgated in July 1997 was published in the Federal Register (See 72 FR 41629). Also, SIP, “General Provisions for the Review of New Sources,” requires an environmental evaluation befcertificate may be issued. Finally, on March 3, 2008, the WCAQMD received full delegation of the (See Washoe County 2006 PM2.5 NAAQS I-SIP, Attachment C, submitted December 4, 2009) and is Nevada’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 quNAAQS pollutant and the submission of such data to EPA upon request. The following Sections have not been submitted as part of the SIP, but have been adopted by the WC

support this element requirement (See Attachment B):  030.235 (Requirements for Source Sampling and Testing); and  030.503 (Conditions for Approval). 
Washoe County Health District - AQMD 

Lead Infrastructure SIP 8 

§110(a)(2) 

element Current programs and provisions in the Washoe County portion of the Nevada Lead I-SIP, unle

(L) 

Permitting fees: Requires SIPs to require each major stationary source to pay permitting fees to cover the cost of reviimplementing and enforcing a permit until such fee requirement is superseded by EPA approval of a V of the CAA. Permitting fees are authorized under WCDBOH Regulation Sections 030.210 (See 46 FR 21758) an

43141). 

(M) 

Consultation/participation by affected local entities: Requires SIPs to provide for consultation and participation in SIP development by local political subSIP. All SIP elements are adopted in a public hearing by the WCDBOH before being formally submitted 

portion of the Nevada SIP. Participation by local political subdivisions is authorized by WCDBOH 020.005 (See 38 FR 12702) and an inter-local agreement between the City of Reno, City of Sparks, aWashoe, Nevada (See Washoe County 2006 PM2.5 NAAQS I-SIP, Attachment D, submitted Decemb

local agreement requires that the WCDBOH include one elected official from each of the three politiWashoe County. 
Attachment A 

Letter from Matthew Lakin (EPA 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, 

Matthew 

I/~? 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. 
Attachment B 

Washoe County District Board of Health Regulations Governing 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) 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. 

030.230 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 shall also record any times or occasions when the 
emissions 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 Officer 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 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.