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# A jim Gibbons Governor

ENVIRONMENTAL PROTECTION DlVlSlON OF ENVIRONMENTAL PROTECTION Leo M. Drozdoff; PE., Administrator protecting the future for September 15,2009 Laura Yoshii Acting Regional Administrator ORA- 1,USEPA Region 9 75 Hawthorne Street San Francisco CA 94 105 Dear Ms. Yoshii: On behalf of Governor Gibbons, as his appointed designee, I am submitting two hard copies and one electronic copy of Nevada's fine particulate matter (PM2.5)infrastructure state implementation plan (SIP): 

### CAA 11

### O(a)(2)(A)-(M)Requirements in the Current Nevada State Implementation Plan for PM2,s (enclosure 1). This SIP is submitted pursuant to Clean Air Act (CAA) Sections 110 (a)(l) and (2) and addresses the infrastructure elements in the Nevada SIP for the 2006 PM2.5NAAQS for all areas within NDEP's jurisdiction. We request approval of the PM2.5 infrastructure SIP into the applicable Nevada state implementation plan. In the absence of new guidance, Nevada followed EPA's October 2,2007 guidance in developing this SIP with the concurrence of EPA Region 9. Attachment A to EPA's 2007 guidance lists the "Required Section 110 SIP Elements." NDEP has followed this list in its compilation of the state's 2006 PM2.5 infrastructure SIP, reproducing EPA's description of the required element in Enclosure 1 accompanied by a description of where in the Nevada SIP or other state authority the element is addressed. Copies of the regulatory and statutory elements of the current applicable Nevada SIP are enclosed for your reference (enclosures 2 and 3, respectively). NDEP notes that many ofNevada's current SIP regulatory provisions are seriously outdated and do not correspond to current state regulations, creating what EPA has referred to as the "SIP gap" (72 FR 71097). In February 2005, NDEP submitted a major SIP update with a revision in January 2006 and several supplemental submissions thereafter in response to EPA comments. On April 16,2008,EPA acted to disapprove the majority ofNevada's permitting program update (73 FR 20536). NDEP challenged EPA's action, and subsequently EPA and NDEP are in court supervised mediation to resolve the outstanding issues. NDEP contends that although the current Nevada applicable SIP satisfies all of the basic infrastructure requirements of CAA 110(a)(2), our PM25 SIP will better address the CAA requirements when NDEP's permitting program update is approved.

90 1 S. Stewart Street, Suite 4001 Carson City, Nevada 89701 p: 775.687.4670 f: 775.687.5856 www.ndep.nv.gov prrnted on recycled paperPage 2 September 15,2009 

### If you should have any questions about this submittal or require additionalclarification, you may contact Michael Elges, Chief, Bureau of Air Quality Planning at (775) 687-9329.

Enclosures

cc: Robin Reedy, Chief of Staff, Office of the Governor Allen Biaggi, Director, DCNR Colleen Cripps, Deputy Administrator,NDEP Dennis Ransel, PlanningManager, Clark County DAQEM Andrew Goodrich, Director, Air Quality Management Division, Washoe County DHD Lisa Hanf, Chief, Planning Office, Air Division, EPA Region IX (AIR-2) Rory Mays, Planning Office, Air Division, EPA Region IX CertifiedMail No. 7008 1140 0004 403 1 2478