DEPARTMENT OF AIR QUALITY & ENVIRONMENTAL MANAGEMENT 

500 S Grand Central Parkway 1st Floor. Box 555210 . Las Vegas, NV 89155-5210 

(702) 455-5942 . Fax (702) 383-9994 

Lewis Wallenmeyer Director . Tina Gingras Assisfont Director 

August 9,201 0 

Deborah Jordan, Director 

Air Division 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

San Francisco, CA 94105-3901 

RE: Request for Delegation of Authority to Implement and Enforce Federal Rules, 

Emission Standards, and Requirements Promulgated Under Sections 11 1 and 112 of 

the Clean Air Act 

Dear Ms. Jordan: 

In accordance with the authority granted by Section 445B.500 of the Nevada Revised Statutes and 

Chapter 9.08.040 of the Clark County Code, the Clark County Board of County Commissioners adopted 

revised Air Quality Regulation Sections 13, "National Emission Standards for Hazardous Air Pollutants 

(NESHAPs)," and 14, "New Source Performance Standards (NSPS)," on May 18, 2010. The new Section 

13 updates and replaces the existing Section 13, and incorporates by reference all the delegable National 

Emission Standards for Hazardous Air Pollutants (NESHAPS) in effect as of July 1, 2009. The new 

Section 14 updates and replaces the existing Section 14, and incorporates by reference all the delegable 

New Source Performance Standards (NSPS) in effect as of July 1, 2009. Copies of the agenda item, 

strikeout versions of the replaced rules, and underlined versions of the new rules comprise Attachment 2 

of this letter. The signed Memorandum of Agreement is Attachment 3. The state statute and Clark County 

Code that specify the authority of the Board to adopt regulations are available upon request. 

The intent of the May 18, 2010, rulemaking by the Board was to provide the regulatory authority 

necessary to implement and enforce the requirements of Section 11 1 and 112 upon delegation from the 

U.S. Environmental Protection Agency (EPA). Subsequently, on July 20, 2010, the Board took action at 

its regular meeting to authorize me to request such delegation and sign any documents necessary to 

initiate and complete the delegation process. A copy of the July 20, 2010, agenda item and a summary of 

the Board's action is included in Attachment 2. Consistent with the procedures established by federal 

statute Clark County hereby requests delegation of authority to implement and enforce the federal 

NESHAPS and NSPS, as incorporated by reference in Sections 13 and 14 and listed in Attachment 1 of 

this letter. 

BOARD OF COUNTY COMMISSIONERS 

Rory Reid Choirmon . Susan Brager Vice-Chairman 

Larry Brown, Tom Collins, Chris Giunchigliani, Steve Sisolak, Lawrence Weekly 

Virginia Valentine, PE, County Monoger 
Deborah Jordan 

August 9,201 0 

Page 2 

We look forward to discussing the delegation request with you or your staff. If you have any questions or 

need additional information, please contact Tina Gingras at (702) 455-1602 or Russell Roberts at (702) 

455-1 61 1. We appreciate the assistance and efforts of your staff in this matter. 

Sincerely, 

Lewis T. Wallemeyer, Director 

cc: Amy Zimpfer, EPA Region D(, Air 

Mae Wang, EPA Region IX, Air 

Tina M. Gingras, CC DAQEM 

Russell A. Roberts, CC DAQEM 
Deborah Jordan 

August 9,2010 

Page 3 

ATTACHMENT 1 

SPECIFIC NESHAPS, NSPS, OR GENERAL PROVISIONS FOR WHICH CLARK 

COUNTY IS REQUESTING DELEGATION 

SECTION 13: National Emission Standards for Hazardous Air Pollutants 

Section 13.1 (Incorporation of 40 CFR Part 61 Requirements by Reference): 

Section 13.1 Introductory paragraph following the title. 

Section 13.l(a) and 13.l(b) 

Section 13.l(b)(6) and (7)' 

Section 13.1 (b)(9)-(15) 

Section 13.2 (Incorporation of 40 CFR Part 63 Requirements by Reference): 

Section 13.2 Introductory paragraph following the title 

Section 13.2(a) 

Section 13.2(b)(l)-13.2(b)(l27) 

SECTION 14: New Source Performance Standards 

Section 14.1 (Incorporation of 40 CFR Part 60 Requirements by Reference): 

Section 14.1 Introductory paragraph following the title 

Section 14.1 (a) and (b) 

Section 14.1 (b)(2)-(712 

Section 14.1 (b)(9)-(11) 

Section 14.1 (b)(13)-(15) 

Section 14.1 (b)(17)-(20) 

Section 14.1 (b)(23) 

Section 14.1(b)(25)-(27) 

Section 14.1 (b)(32)-(34) 

Section 14.1 (b)(36) and (37) 

Section 14.1 (b)(39)-(43) 

Section 14.1 (b)(52) 

Section 14. 1 (b)(54) 

Section 14.1 (b)(59)-(69) 

Section 14.1 (b)(7 1)-(98) 

' Sections 13.l(b)(l)-(5) and Section 13 .l (b)(8) represent general provisions or specific NESHAPS that have been 

previously delegated to Clark County. 

Section 14. I (b)(3) is an NSPS that was withdrawn in the late 1990's and, therefore, Clark County is not requesting 

delegation. We will delete that subsection in a future revision. Sections 14,1(b)(1),(8),(12),(16),(2 I),( 22),(24),(28)- 

(3 1),(35),(38), (44)-(51),(53),(55)-(58) and (70) are general provisions or specific NSPS that have been previously 

delegated to Clark County. 
AGENDA DOCUMENT, ENABLING ORDINANCE, 

STRIKEOUT/UNDERLINE VERSIONS OF REPLACED AND NEWLY 

ADOPTED REGULATIONS 
CLARK COUNTY BOARD OF COMMISSIONERS 

AGENDA ITEM 

Petitioner: Lewis Wallenmeyer, Director, Air Quality & Environmental Management 

That the Board of County Commissioners conduct a public hearing; approve, adopt and 

authorize the Chairman to sign an ordinance to delete the current versions of Clark 

County Air Quality Regulations Sections 13 and 14 in their entirety; adopt new Sections 

13 and 14 to update the regulations by adopting the current federal requirements that 

regulate certain air pollutants, emission units and processes at stationary sources; repeal 

obsolete Sections 20 and 34; providing for other matters related thereto; and authorize 

the Director or'his designee to make a record of comments and responses made and 

accepted by the Board at the public hearing. 

FISCAL IMPACT: 

None by this action. 

BACKGROUND: 

Clark County Air Quality Regulation Section 13 National Emission Standards for Hazardous Air Pollutants defines the 

federal requirements for sources that emit any of the hazardous air pollutants listed in Section 112 of the Clean Air Act and 

for which specific standards have been established pursuant to 40 CFR Part 61 or 40 CFR Part 63. In accordance with the 

Clean Air Act, standards promulgated under Section 112 "...shall require the maximum degree of reduction in emissions 

of hazardous air pollutants subject to this section.. .that the Administrator.. .determines is achievable.. ." The current 

version of Section 13 is poorly organized, does not contain all of the current federal requirements applicable to such 

sources and separates the Part 61 and Part 63 requirements into two separate rules. The proposed Section 13 will replace 

the current version and contains all the current applicable federal requirements of both 40 CFR Part 61 and Part 63. 

Section 14 New Source Performance Standards defines the federal requirements for sources that, based on the requirements 

of Section 11 1 of the Clean Air Act, have a standard of performance established by regulation pursuant to 40 CFR Part 60. 

In accordance with the Clean Air Act, such sources must comply with a "degree of emission limitation achievable through 

the application of the best system of emission reduction.. .which the (EPA) Administrator determines has been adequately 

demonstrated." Individual New Source Performance Standards (NSPS) are listed in 40 CFR Part 60 and specify the 

applicable emission limits, reporting requirements, test methods and other applicable requirements that each source subject 

to an NSPS must comply with. The existing Section 14 is poorly organized, does not contain all of the current NSPS 

references. 

ADOPTED ORDINANCE NO. 3865 AS RECOMMENDED 

Agenda Item # 
[Bracketed] andlor i&h&w& material is that portion being deleted 

Underlined material is that portion being added 

BILL NO. 5-4-10-6 

SUMMARY - An Ordinance to amend Clark County Air 

Quality Regulations Sections 13 and 14 to update and adopt 

the national emission standards for hazardous air pollutants 

and the federal new source performance standards, 

respectively, which regulate certain air pollutants, emission 

units, and processes at stationary sources and repeal 

Sections 20 and 34. 

ORDINANCE NO. 3865 

(of Clark County, Nevada) 

AN ORDINANCE TO AMEND CLARK COUNTY ATR QUALITY 

REGULATIONS'SECTIONS 13 AND 14 BY DELETING THE CURRENT 

VERSIONS IN THEIR ENTIRETY AND ADOPTING NEW SECTIONS 13 

(NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR 

POLLUTANTS) AND 14 (NEW SOURCE PERFORMANCE STANDARDS) 

TO LPDATE THE REGULATIONS BY ADOPTING THE CURRENT 

FEDERAL RULES WHICH REGULATE CERTAIN AIR POLLUTANTS, 

EMISSION UNITS AND PROCESSES AT STATIONARY SOURCES; 

REPEAL OBSOLETE SECTIONS 20 (EMISSION STANDARDS FOR 

HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES) AND 34 

(PERFORMANCE STANDARDS FOR METALLIC AND/OR 

NONMETALLIC MINERAL MWZNG AND PROCESSING); AND 

PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. 

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF 

CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS: 

SECTION 1. Clark County Air Quality Regulation Section 13 is deleted in its 

entirety and a new Section 13 -National Emission Standards for Hazardous Air 

Pollutants is adopted as reflected in Exhibit 1, attached hereto. 

SECTION 2. Clark County Air Quality Regulation Section 14 is deleted in its 

entirety and a new Section 14 -New Source Performance Standards is adopted as 

reflected in Exhibit 2, attached hereto. 
SECTION 3. Clark County Air Quality Regulation Section 20 - Emission 

Standards for Hazardous Air Pollutants for Source Categories is repealed in its entirety. 

SECTION 4. Clark County Air Quality Regulation Section 34 - Performance 

Standards for Metallic andlor Nonmetallic Mineral Mining and Processing is repealed'in 

its entirety. 

SECTION 5. If any section of this ordinance or portion thereof is for any reason 

held invalid or unconstitutional by any court of competent jurisdiction, such holding shall 

not invalidate the remaining parts of this ordinance. 

SECTION 6. All ordinances, parts of ordinances, chapters, sections, subsections, 

clauses phrases, or sentences contained in the Clark County Code in conflict herewith are 

hereby repealed. 

SECTION 7. This ordinance shall take effect and be in force on July 1,2010, 

after its passage and the publication thereof by title only, together with the names of the 

County Commissioners voting for or against its passage, in a newspaper published in and 

having a general circulation in Clark County, Nevada, at least once a week for a period of 

two (2) weeks. 

PROPOSED on the 4t h day of May ,2010. 

PROPOSED BY: Commissioner Rory Reid 

PASSED on the 18th day of May 2010. 

AYES: Lawrence L. Brown I11 

Tom Collins 
Rory Reid 

Steve Sisolak 

Lawrence Weekly 

NAYS: None 

ABSTAINING: None 

ABSENT: Susan Brager 

Chris Giunchigliani 

BOARD OF COUNTY COMMISSIONERS 

OUNTY, 'NEV@A> "R i . 

By: ,--- -. .- 

DIANA ALBA, County Clerk ' 

This ordinance shall be in force and effect from and after 

the 1st day of July, 2010. 
ATTACHMENT: Public Comments.pdf 

ATTACHMENT: Section 12 6.pdf 

ATTACHMENT: Section 12.7.pdf 

MOVED BY: Steve Sisolak 

ACTION: ADOPTED ORDINANCE NO. 3864 AS RECOMMENDED 

VOTE: 6-0 

VOTING AYE: Lawrence Weekly, Susan Brager, Rory Reid, Larry Brown, 

Tom Collins, Steve Sisolak 

VOTING NAY: NONE 

ABSTAINING: NONE 

ABSENT: Chris Giunchigliani 

75 Conduct a public hearing; approve, adopt, and authorize the Chairman to sign an 

ordinance to delete the current versions of Clark County Air Oualitv Regulations 

Sections 13 and 14 in their entirety; adopt new Sections 13 and 14 to update the 

regulations by adopting; the current federal requirements that regulate certain air 

pollutants, emission units and processes at stationary sources; repeal obsolete 

Sections 20 and 34; providing for other matters related thereto; and authorize the 

Director or his designee to make a record of comments and responses made and 

accepted by the Board at the public hearing. 

ATTACHMENT: Clark County Agenda Item Template.doc 

ATTACHMENT: 0rdinance.pdf 

ATTACHMENT: Section 13 .pdf 

ATTACHMENT: Section 14.pdf 

MOVED BY: Steve Sisolak 

ACTION: ADOPTED ORDINANCE NO. 3865 AS RECOMN'ENDED 

VOTE: 5-0 

VOTING AYE: Lawrence Weekly, Rory Reid, Larry Brown, Tom Collins, 

Steve Sisolak 

VOTING NAY: NONE 

ABSTAINING: NONE 

ABSENT: Susan Brager, Chris Giunchigliani 

76 Sitting as the Liquor and Gaming Licensing Board. conduct a public hearing for the 

suitability of the location for a Retail Beer & Wine Liquor License in conjunction 

with a category 2 restaurant within 1,500 feet of two (2) schools and one (1 1 

church, under the ownership of Chenlin, LLC (A Nevada Limited Liability 
Company) dba Buffet at Asia V, located at 4090 South Eastern Ave.. Las Vegas, 

Nevada, 89121. Stephanie Chen (Managing Member 50%) and Kari Lin, 

(Managing Member 50%). (Eastern Ave./Flamingo Rd.) Commission District: E - 

Giunchi gliani 

ATTACHMENT: Clark County Agenda Item Template.doc 

ATTACHMENT: Buffet at Asia V,(Agenda report), , #2002063.LIO, 05-18- 

1O.bp.ag.pdf 

ATTACHMENT: Buffet-Visio at Asia V. 4090 Eastern. #2002063.LIQ. 05-18-1 0- 

vsd.bp.ag.pdf 

ATTACHMENT: Buffet at Asia V,(Den Pg -2). . #2002063.LIQ. 05-18- 

10 .ag.bp.pdf 

MOVED BY: Chris Giunchigliani 

ACTION: APPROVED SUITABILITY OF LOCATION AS 

RECOMMENDED 

VOTE: 7-0 

VOTING AYE: Lawrence Weekly, Susan Brager, Rory Reid, Chris 

Giunchigliani, Larry Brown, Tom Collins, Steve Sisolak 

VOTING NAY: NONE 

ABSTAINING: NONE 

ABSENT: NONE 

77 Sitting as the Liquor and Gaming Licensing Board, conduct a public hearing for the 

suitability of the location for a Retail Beer & Wine Liquor License in coniunction 

with a categorv 2 restaurant within 1,500 feet of a school. under the ownership of 

Kan Cong (A Sole Proprietor) dba Mr. Beiiing. 730 E. Flamingo Road, Suite 8. Las 

Vegas, Nevada, 891 19. (Swenson/Flamingo Road) Commission District: E - 

Giunchigliani 

ATTACHMENT: Clark County Agenda Item Template.doc 

ATTACHMENT: Mr Beiiing (Agenda Report) bp.ag.pdf 

ATTACHMENT: Mr. Beiiing -Visio, (Densitv Drawing) bp.aa.pdf 

ATTACHMENT: Mr. Beiiing (Den Pn 2) bp.ag.pdf 

MOVED BY: Chris Giunchigliani 

ACTION: APPROVED SUITABILITY OF LOCATION AS 

RECOMMENDED 

VOTE: 7-0 

VOTING AYE: Lawrence Weekly, Susan Brager, Rory Reid, Chris 
Exhibit 1 

Amended 07/01/04 13-1 

CC Air Quality Regulations 
-------------------------------------------------------*---------- 

History: Amended: September 3, 1981; May 15, 1985; Aprll23, 1987; February 20,201 ; June 3,2003; July I, 2004. 

Amended 07/01/04 1 3-2 

CC Air Quality Regulations 
SEC'TION 13: NATIONAL EMISSION STANDARDS FOR HAZARDOUS 

AIR POLLLITANTS 

13.1 40 CFR 61 Incorporated by Reference ............................................................ 1 

13.2 40 CFR 63 Incorporated by Reference ............................................................ 2 
- 13.1 40 CFR 61 Incorporated by Reference 

The followinq s~~bparts of 40 CFR Part 61, "National Emission Standards for 

Hazardous Air Pollutants (NESHAPs)," and all accompanving appendices 

adopted as of July I, 2009, and no future editions or amendments, are 

incorporated by reference as applicable requirements. These standards are on 

file with the department and shall be applied bv the Control Officer. 

(a) In the event that an AQR contains a requirement that is more strinqent than 

a NESHAPs requirement, the more stringent requirement shall apply. 

(b) For purposes of Section 13, the word "Administrator" as used in 40 CFR 

Part 61 shall mean the Control Officer, except that the Control Officer shall 

not be authorized to approve alternate test methods or alternate opacitv 

limits, or administer anv authorities under 40 CFR Part 61 not delegated by 

EPA. 

(1) Subpart A - General Provisions. 

(2) Subpart C - National Emission Standard for Bervllium. 

(3) Subpart D - National Emission Standard for Bervllium Rocket Motor 

Firing. 

(4) Subpart E - National Emission Standard for Mercurv. 

(5) Subpart F - National Emission Standard for Vinvl Chloride. 

(6) Subpart J - National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources) of Benzene. 

(7) Subpart L - National Emission Standard for Benzene Emissions 

.from Coke By-product Recoverv Plants. 

(8) Subpart M - IVational Emission Standard for Asbestos. 

(9) Subpart N - National Emission Standard for Inorganic Arsenic 

Emissions from Glass Manufacturing Plants. 

(102 Subpart 0 - National Emission Standard for Inorganic Arsenic 

Emissions from Primarv Copper Smelters. 

(11) Subpart P - National Emission Standard for Inorganic Arsenic 

Emissions from Arsenic Trioxide and Metallic Arsenic Production 

Facilities. 

(12) Subpart V - National Emission Standard for Equipment Leaks 

(Fugitive Emission Sources). 
113) Subpart Y - National Emission Standard for Benzene Emissions 

from Benzene Storage Vessels. 

(14) Subpart BB - National Emission Standard for Benzene Emissions 

.from Benzene Transfer Operations. 

(15) Subpart FF - National Emission Standard for Benzene Waste 

Operations. 

- 13.2 40 CFR 63 Incorporated by Reference 

The followinq subparts of 40 CFR Part 63, "NESHAPs for Source Catesories," 

and all accorrrpanying appendices adopted as of July 1, 2009, and no future 

editions or amendments, are incorporated by reference. These standards are on 

file with the department and shall be applied by the Control Officer. 

(a) In the event that an AQR contains a requirement that is more stringent than 

a NESHAPs requirement, the more strinqent requirement shall apply. 

(b) For purposes of Section 13, the word "Administrator" as used in 40 CFR 

Part 63 shall mean the Control Officer, except that the Control Officer shall 

not be authorized to approve alternate test methods or alternate opacity 

limits, or administer any authorities under 40 CFR Part 63 not deleqated by 

EPA. 

(1) Subpart A - General Provisions. 

(2) Subpart B - Requirements for Control Technoloqy Determinations 

for Maior Sources in Accordance with Clean Air Act Sections, 

Sections 1 12(g) and 11 2(i). 

(3) Subpart C - List of Hazardous Air Pollutants, Petition Process, 

Lesser Quantity Designations, Source Cateqoty List. 

(4) Subpart D - Regulations Governinq Compliance Extensions for 

Early Reductions of Hazardous Air Pollutants. 

(5) Subpart F - National Emission Standards for Orqanic Hazardous Air 

Pollutants from the Synthetic Organic Chemical Manufacturinq 

Industry. 

(6) Subpart G - National Emission Standards for Organic Hazardous 

Air Pollutants from the Synthetic Organic Chemical Manufacturinq 

Industry for Process Vents, Storaqe Vessels, Transfer Operations, 

and Wastewater. 

(7) Subpart H - IVational Emission Standards for Orqanic Hazardous 

Air Pollutants for Equipment Leaks. 
Subpart I - National Emission Standards for Organic Hazardous Air 

Pollutants for Certain Processes Subiect to the Negotiated 

Resulations for Equipment Leaks. 

Subpart J - National Emission Standards for Hazardous Air 

Pollutants for Polvvinvl Chloride and Copolvmers Production. 

Subpart L - National Emission Standards for Coke Oven Batteries. 

Subpart M - National Perchloroethvlene Air Emission Standards for 

Drv Cleaninq Facilities. 

Subpart N - National Emission Standards for Chromium Emissions 

from Hard and Decorative Chromium Electroplating and Chromium 

Anodizing Tanks. 

Subpart 0 - Ethvlene Oxide Emissions Standards for Sterilization 

Facilities. 

Subpart Q - National Emission Standards for Hazardous Air 

Pollutants for l ndustrial Process Coolins. Towers. 

Subpart R - National Emission Standards for Gasoline Distribution 

Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations). 

Subpart S - National Emission Standards for Hazardous Air 

Pollutants from the Pulp and Paper Industrv. 

Subpart T - National Err~ission Standards for Halogenated Solvent 

Cleaninq. 

Subpart U - National Emission Standards for Hazardous Air 

Pollutant Emissions: Group I Polvmers and Resins. 

Subpart W - National Emission Standards for Hazardous Air 

Pollutants for Epoxy Resins Production and Non-Nvlon Polvarr~ides 

Production. 

Subpart X - National Emission Standards for Hazardous Air 

Pollutants from Secondarv Lead Smelting. 

Subpart AA - National Emission Standards for Hazardous Air 

Pollutants from Phosphoric Acid Manufacturing Plants. 

Subpart BB - National Emission Standards for Hazardous Air 

Pollutants from Phosphate Fertilizers Production Plants. 
Subpart CC - National Emission Standards for Hazardous Air 

Pollutants from Petroleum Refineries. 

Subpart DD - National Emission Standards for Hazardous Air 

Pollutants from Off-Site Waste and Recovery Operations. 

Subpart EE - National Emission Standards for Magnetic Tape 

Manufacturinq Operations. 

Subpart GG - National Emission Standards for Aerospace 

Manufacturing and Rework Facilities. 

Subpart HH - National Emission Standards for Hazardous Air 

Pollutants from Oil and Natural Gas Production Facilities. 

Subpart II - National Emission Standards for Shipbuildinq and Ship 

Repair (Surface Coatins). 

Subpart JJ - National Emission Standards for Wood Furniture 

Manufacturinq Operations. 

Subpart KK - National Emission Standards for Printing and 

publish in^ Industrv. 

Subpart LL - National Err~ission Standards for Hazardous Air 

Pollutants for Primary Aluminum Reduction Plants. 

Subpart MM - National Emission Standards for Hazardous Air 

Pollutants for Chemical Recovery Combustion Source at Krafl, 

Soda, Sulfite and Stand-alone Semichemical Pulp Mills. 

Subpart 00 - National Err~ission Standards for Tanks - Level 1. 

Subpart PP - National Emission Standards for Containers. 

Subpart QQ - National Emission Standards for Surface 

Impoundments. 

Subpart RR - National Emission Standards for Individual Drain 

Systems. 

Subpart SS - National Emission Standards for Closed Vent 

Systems, Control Devices, Recovery Devices and Routinq to a Fuel 

Gas System or a Process. 

Subpart TT - National Emission Standards for Equipment Leaks-- 

Control Level I. 
Subpart UU - National Emission Standards for Equipment Leaks -- 

Control Level 2 Standards. 

Subpart W - National Emission Standards for Oil-Water Separators 

and Organic-Water Separators. 

Subpart WW - National Emission Standards for Storaqe Vessels 

/Tanks)--Control Level 2. 

Subpart XX - National Emission Standards for Ethylene 

Manufacturinq Process Units: Heat Exchange Systems and Waste 

Operations. 

Subpart YY - National Err~ission Standards for Hazardous Air 

Pollutants for Source Categories: Generic Maximum Achievable 

Control Technologv Standards. 

Subpart CCC - National Emission Standards for Hazardous Air 

Pollutants for Steel Pickling--HCL Process Facilities and 

Hydrochloric Acid Reqeneration Plants. 

SI-~bpart DDD - National Emission Standards for Hazardous Air 

Pollutants for Mineral Wool Production. 

Subpart EEE - National Emission Standards for Hazardous Air 

Pollutants .from Hazardous Waste Combustors. 

Subpart GGG - National Emission Standards for Pharmaceuticals 

Production. 

(48) Subpart HHH - National Emission Standards for Hazardous Air 

Pollutants from Natural Gas Transmission and Storage Facilities. 

Subpart Ill - National Emission Standards for Hazardous Air 

Pollutants for Flexible Polvurethane Foam Production. 

(501 Subpart JJJ - National Emission Standards for Hazardous Air 

Pollutant Emissions: Group IV Polymers and Resins. 

(511 Subpart LLL - National Emission Standards for Hazardous Air 

Pollutants from the Portland Cement Manufacturing Industrv. 

(521 Subpart MMM - National Emission Standards for Hazardous Air 

Pollutants for Pesticide Active Ingredient Production. 

(531 Subpart NNN - National Emission Standards for Hazardous Air 

Pollutants for Wool Fiber Glass Manufacturing. 
Subpart 000 - National Emission Standards for Hazardous Air 

Pollutant Emissions: Manufacture of AminoIPhenolic Resins. 

Subpart PPP - National Emission Standards for Hazardous Air 

Pollutants for Polvether Polvols Production. 

Subpart QQQ - National Emission Standards for Hazardous Air 

Pollutants for Primary Copper Smelting. 

Subpart RRR - National Emissions Standards for Hazardous Air 

Pollutants for Secondarv Aluminum Production. 

Subpart TTT-- National Emission Standards for Hazardous Air 

Pollutants for Primary Lead Smeltina. 

Subpart UUU - National Emission Standards for Hazardous Air 

Pollutants for Petroleum Refineries: Catalvtic Cracking Units, 

Catalvtic Reforniing Units, and Sulfur Recoverv Units. 

Subpart WV - National Emission Standards for Hazardous Air 

Pollutants: Publicly Owned Treatment Works. 

Subpart XXX - National Emission Standards for Hazardous Air 

Pollutants for Ferroallovs Production: Ferromanqanese and 

Silicomanqanese. 

Subpart AAAA - National Emission Standards for Hazardous Air 

Pollutants: Municipal Solid Waste Landfills. 

Subpart CCCC - National Emission Standards for Hazardous Air 

Pollutants: Manufacturinq of Nutritional Yeast. 

Subpart DDDD - National Emission Standards for Hazardous Air 

Pollutants: Plywood and Composite Wood Products. 

Subpart EEEE - National Emission Standards for Hazardous Air 

Pollutants: Orqanic Liquids Distribution (Non-Gasoline). 

Subpart FFFF - National Emission Standards for Hazardous Air 

Pollutants: Miscellaneous Organic Chemical Manufacturinq. 

Subpart GGGG - National Emission Standards for Hazardous Air 

Pollutants: Solvent Extraction for Veqetable Oil Production. 

Subpart HHHH - National Emission Standards for Hazardous Air 

Pollutants for Wet-formed Fiberqlass Mat Production. 
Subpart 1\11 - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Automobiles and Light-duty Trucks. 

Subpart JJJJ - National Emission Standards for Hazardous Air 

Pollutants: Paper and Other Web Coatinq. 

Subpart KKKK - National Emission Standards for Hazardous Air 

Pollutants: Surface Coatinq of Metal Cans. 

Subpart MMMM - National Emission Standards for Hazardous Air 

Pollutants for Surface Coatinq of Miscellaneous Metal Parts and 

Products. 

Subpart NNNN - National Err~ission Standards for Hazardous Air 

Pollutants: Surface Coating of Large Appliances. 

Subpart 0000 - National Emission Standards for Hazardous Air 

Pollutants: Printing, Coatinq, and Dyeirlg of Fabrics and Other 

Textiles. 

Subpart PPPP - National Emission Standards for Hazardous Air 

Pollutants for Surface Coating of Plastic Parts and Products. 

Subpart QQQQ - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Wood Buildinn Products. 

Subpart RRRR - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Furniture. 

Subpart SSSS - National Emission Standards for Hazardous Air 

Pollutants: Surface Coating of Metal Coil. 

Subpart TTTT - National Emission Standards for Hazardous Air 

Pollutants for Leather Finishinq Operations. 

Subpart UUUU - National En-~ission Standards for Hazardous Air 

Pollutants for Cellulose Products Manufacturins. 

Subpart WW - National Emission Standards for Hazardous Air 

Pollutants for Boat Manufacturinq. 

Subpart WWWW - National Emission Standards for Hazardous Air 

Pollutants: Reinforced Plastic Composites Production. 

Subpart XXXX - National Emission Standards for Hazardous Air 

Pollutants: Rubber Tire Manufacturing. 
Subpart YYYY - National Emission Standards for Hazardous Air 

Pollutants for Stationaw Combustion Turbines. 

Subpart ZZZZ - National Emission Standards for Hazardous Air 

Pollutants for Stationaw Reciprocatins Internal Combustion 

Engines. 

Subpart AAAAA - National Emission Standards for Hazardous Air 

Pollutants for Lime IWanufacturinq Plants. 

Subpart BBBBB - National Emission Standards for Hazardous Air 

Pollutants for Semiconductor Manufacturing. 

Subpart CCCCC - National Emission Standards for Hazardous Air 

Pollutants for Coke Ovens: Pushinq, Quenching, and Battery 

Stacks. 

- Subpart -

DDDDD - National Emission Standards for Hazardous Air 

Pollutants fir industrial, Commercial, and Institutional Boilers and 

Process Heaters. 

Subpart EEEEE - National Emission Standards for Hazardous Air 

Pollutants for lron and Steel Foundries. 

Subpart FFFFF - National Emission Standards for Hazardous Air 

Pollutants for lnteqrated lron and Steel Manufacturinq Facilities. 

Subpart GGGGG - National Emission Standards for Hazardous Air 

Pollutants: Site Remediation. 

Subpart HHHHH - National Emission Standards for Hazardous Air 

Pollutants: IWiscellaneous Coating Manufacturinq. 

Subpart 11111 - National Emission Standards for Hazardous Air 

Pollutants: Mercury Emissions from Mercurv Cell Chlor-Alkali 

Plants. 

Subpart JJJJJ - National Emission Standards for Hazardous Air 

Pollutants for Brick and Structural Clay Products Manufacturinq. 

Subpart KKKKK - National Emission Standards for Hazardous Air 

Pollutants for Clay Ceramics Manufacturinq. 

Subpart LLLLL - National Emission Standards for Hazardous Air 

Pollutants: Asphalt Processinq and Asphalt Roofinq Manufacturinq. 

Subpart MMNlNlM - National Emission Standards for Hazardous Air 

Pollutants: Flexible Polvurethane Foam Fabrication Operations. 
S~~bpart NNNNN - National Emission Standards for Hazardous Air 

Pollutants: Hydrochloric Acid Production. 

Subpart PPPPP - National Emission Standards for Hazardous Air 

Pollutants for Enqine Test CellsIStands. 

Subpart QQQQQ - National Emission Standards for Hazardous Air 

Pollutants for Friction Materials Manufacturins Facilities. 

Subpart RRRRR - National Emission Standards for Hazardous Air 

Pollutants: Taconite lron Ore Processing. 

Subpart SSSSS - National Emission Standards for Hazardous Air 

Pollutants for ~efractoi ~roduxs Manufacturinq. 

Subpart TTTTT - National Emission Standards for Hazardous Air 

Pollutants for Primarv Magnesium Refininq. 

Subpart WWWWW - National Emission Standards for Hospital 

Ethvlene Oxide Sterilizers. 

Subpart YYYYY - National Emission Standards for Hazardous Air 

Pollutants for Areas Sources: Electric Arc Furnace Steelmakinq 

Facilities. 

Subpart ZZZZZ - National Emission Standards for Hazardous Air 

Pollutants for lron and Steel Foundries Area Sources. 

Subpart BBBBBB - National Emission Standards for Hazardous Air 

Pollutants for Source Categorv: Gasoline Distribution Bulk 

Terminals, Bulk Plants, and Pipeline Facilities. 

Subpart CCCCCC - National Emission Standards for Hazardous 

Air Pollutants for Source Categorv: Gasoline Dispensing Facilities. 

Subpart DDDDDD - National Emission Standards for Hazardous 

Air Pollutants for Polvvinvl Chloride and Copolvmers Production 

Area Sources. 

Subpart EEEEEE - National Emission Standards for Hazardous Air 

Pollutants for Primarv Copper Smeltinq Area Sources. 

Subpart FFFFFF - National Emission Standards for Hazardous Air 

Pollutants for Secondarv Copper Smeltinq Area Sources. 

Subpart GGGGGG - National Emission Standards for Hazardous 

Air Pollutants for Primarv Nonferrous Metals Area Sources - Zinc, 

Cadmium, and Bervllium. 
Subpart HHHHHH - National Emission Standards for Hazardous 

Air Pollutants: Paint Stripping and Miscellaneous Surface Coatinq 

Operations at Area Sources. 

Subpart LLLLLL - National Emission Standards for Hazardous Air 

Pollutants for Acrylic and Modacrylic Fibers Production Area 

Sources. 

Subpart MMMMMM - National Emission Standards for Hazardous 

Air Pollutants for Carbon Black Production Area Sources. 

Subpart NNhlhlNN - National Emission Standards for Hazardous 

Air Pollutants for Chemical Manufacturing Area Sources: Chromium 

Compounds. 

Subpart 000000 - National Emission Standards for Hazardous 

Air Pollutants for Flexible Polyurethane Foam Production and 

Fabrication Area Sources. 

Subpart PPPPPP - National Emission Standards for Hazardous Air 

Pollutants for Lead Acid Batterv Manufacturinq Area Sources. 

Subpart QQQQQQ - National Err~ission Standards for Hazardous 

Air Pollutants for Wood Preservinq Area Sources. 

Subpart RRRRRR - National Eniission Standards for Hazardous 

Air Pollutants for Clay Ceramics Manufacturing Area Sources. 

Subpart SSSSSS - National Emission Standards for Hazardous Air 

Pollutants for Glass Manufacturirrg Area Sources. 

Subpart TTTTTT - National Emission Standards for Hazardous Air 

Pollutants for Secondarv Nonferrous Metals Processinq Area 

Sources. 

Subpart WWWWWW - National Emission Standards for Hazardous 

Air Pollutants: Area So~~rce Standards for Platinq and Polishinq 

Operations. 

Subpart XXXXXX - National Emission Standards for Hazardous Air 

Pollutants Area Source Standards for Nine Metal Fabrication and 

Finishing Source Cateqories. 

Subpart YYYYYY - National Emission Standards for Hazardous Air 

Pollutants for Area Sources: Ferroalloys Production Facilities. 
(1 27) Subpart ZZZZZZ - National Emission Standards for Hazardous Air 

Pollutants: Area Source Standards for Aluminum, Copper, and 

Other Nonferrous Foundries. 
Exhibit 2 

Amended 07/01/04 

CC Air Quality Regulations 
Amended 07/01/04 

CC Air Quality Regulations 
Amended 07/01/04 

CC Air Quality Regulations 
Amended 07/01/04 14-4 

CC Air Quality Regulations 
Amended 07/01/04 

CC Air Quality Regulations 
Amended 07/01/04 

CC Air Quality Regulations 
------------------------------------------------------------------ 

History: Amended: September 3, 1981 ; October 21,1983; September 21,1984; May 15,1985; April 23,1987; January 

25, 1990; May 27, 1993; November 18, 1993; January 23, 1997; August 26, 1999; February 20, 

2001 ; June 3,2003; July 1,2004. 

Amended 07/01 104 1 4-7 

CC Air Quality Regulations 
14.1 40 CFR Part 60 Incorporated by Reference ......................................................... 1 
The followinq subparts of 40 CFR Part 60, "Standards of Performance for New 

Stationaw Sources (NSPS)," and all accompanying appendices adopted as of 

Julv 1, 2009, and no future editions or amendments, are incorporated bv 

reference. These standards are on file with the department and shall be applied 

bv the Control Officer. 

(a) In the event that an AQR contains a requirement that is more 

strinqent than a NSPS requirement, the more strinqent requirement 

shall ~PPIV. 

(b) For the purpose of Section 14, .the word "Administrator" as used in 

40 CFR Part 60 shall mean the Control Officer, except that the 

Control Officer shall not be authorized to approve alternate test 

methods or alternate opacitv limits, or administer anv authorities 

under 40 CFR Part 60 not deleqated bv EPA. 

(1) Subpart A - General Provisions. 

(2) Subpart C - Emission Guidelines and Compliance Times. 

(3) Subpart Ca - Emission Guidelines and Compliance Times for 

Municipal Waste Combustors. 

(41 Subpart Cb - Emission Guidelines and Compliance Times for 

Large Municipal Waste Combustors That are Constructed on or 

Before September 20, 1994. 

(5) Subpart Cc - Emissions Guidelines and Compliance Times for 

Municipal Solid Waste Landfills. 

(6) Subpart Cd - Emissions Guidelines and Compliance Times for 

Sulfuric Acid Production Units. 

(7) Subpart Ce - Emission Guidelines and Corrrpliance Times for 

Hospital/Medical/lnfectious Waste Incinerators. 

(8) Subpart D - Standards of Performance for Fossil-Fuel-Fired 

Steam Generators for Which Construction Is Commenced After 

Auqust 17, 1971. 

(9) Subpart Da - Standards of Performance for Electric Utilitv 

Steam Generatinq Units for Which Construction is Commenced 

After September 18, 1978. 

(10) Subpart Db - Standards of Performance for Industrial - 

Commercial - Institutional Steam Generatinq Units. 
(11) Subpart Dc - Standards of Performance for Small Industrial - 

Commercial - Institutional steam ~eneratinq units. 

(12) Subpart E - Standards of Performance for Incinerators. 

(13) Subpart Ea - Standards of Performance for M~~nicipal Waste 

Corrlbustors for Which Construction is Commenced after 

December 20, 1989 and on or Before September 20, 1994. 

(14) Subpart Eb - Standards of Performance for Larqe Municipal 

Waste Combustors for Which Constr~~ction is Commenced After 

Septernber 20, 1994 or for Which Modification or 

Reconstruction is Commenced After June 19, 1996. 

(15) Subpart Ec - Standards of Performance for 

Hospital/Medical/lnfectious Waste Incinerators for Which 

Construction is Commenced After June 20, 1996. 

(16) Subpart F - Standards of Performance for Portland Cement 

Plants. 

(17) Subpart G - Standards of Performance for Nitric Acid Plants. 

(18) Subpart H - Standards of Performance for Sulfuric Acid Plants. 

(19) Subpart I - Standards of Performance for Hot Mix Asphalt 

Facilities. 

(20) Subpart J - Standards of Performance for Petroleum 

Refineries. 

(21) Subpart K - Standards of Performance for Storaqe Vessels for 

Petroleum Liquids for Which Constr~~ction, Reconstruction, or 

Modification Corrlmenced After June 11, 1973, and Prior to Mav 

19, 1978. 

(22) Subpart Ka - Standards of Performance for Storaqe Vessels for 

Petroleurr~ Liquids for Which Constr~~ction, Reconstruction, or 

Modification Corrlmenced After Mav 18, 1 978, and Prior to Julv 

23, 1984. 

(23) Subpart Kb - Standards of Performance for Storaqe Vessels for 

Petroleurr~ Liquids. 

(24) Subpart L - Standards of Performance for Secondaw Lead 

Smelters. 
(25) Subpart M - Standards of Performance for Secondaw Brass 

and Bronze Production Plants. 

(26) Subpart N - Standards of Performance for Primary Emissions 

from Basic Oxvqen Process Furnaces for Which Construction is 

Corr~menced After June 1 1, 1973. 

(27) Subpart Na - Standards of Performance for Secondaw 

Emissions from basic Oxvqen Process Steelmaking Facilities 

for Which Construction is Commenced After Januaw 20, 1983. 

(28) Subpart 0 - Standards of Performance for Sewaqe Treatment 

Plants. 

(29) Subpart P - Standards of Performance for Primaw Copper 

Smelters. 

(30) Subpart Q - Standards of Performance for Primaw Zinc 

Smelters. 

(31) Subpart R - Standards of Performance for Primaw Lead 

Smelters. 

/32) Subpart S - Standards of Performance for Primaw Aluminum 

Reduction Plants. 

(33) Subpart T - Standards of Performance for the Phosphate 

Fertilizer Industw: Wet-Process Phosphoric Acid Plants. 

(34) Subpart U - Standards of Performance for the Phosphate 

Fertilizer Industw: Superphosphoric Acid Plants. 

(35) Subpart V - Standards of Performance for the Phosphate 

Fertilizer Industw: Diammonium Phosphate Plants. 

(36) Subpart W - Standards of Performance for the Phosphate 

Fertilizer Industry: Triple Superphosphate Plants. 

(37) Subpart X - Standards of Performance for the Phosphate 

Fertilizer Industw: Granular Triple Phosphate Storaqe Facilities. 

(38) Subpart Y - Standards of Performance for Coal Preparation 

Plants. 

(39) Subpart Z - Standards of Performance for Ferroallov 

Production Facilities. 
140) Subpart AA - Standards of Performance for Steel Plants: 

Electric Arc Furnaces Constructed After October 21, 1974 and 

On or Before Auqust 17, 1983. 

141) Subpart AAa - Standards of Performance for Steel Plants: 

Electric Arc Furnaces and Arqon-Oxvqen Decarburization 

Vessels Constructed After Auqust 7, 1983. 

142) Subpart BB - Standards of Performance for Kraft Pulp Mills. 

Subpart CC - Standards of Performance for Glass 

Manufacturinq Plants. 

144) Subpart DD - Standards of Performance for Grain Elevators. 

Subpart EE - Standards of Performance for Surface Coatinq of 

Metal Furniture. 

146) Subpart GG - Standards of Performance for Stationan/ GAS 

Turbines. 

147) Subpart HH - Standards of Performance for Lime 

Manufacturinq Plants. 

(48) Subpart KK - Standards of Performance for Lead-Acid Batterv 

Manufacturinq Plants. 

149) Subpart LL - Standards of Performance for Metallic Mineral 

Processinq Plants. 

150) Subpart MM - Standards of Performance for Automobile and 

Liqht-Dutv Truck Surface Coatinq. 

(51) Subpart NN - Standards of Performance for Phosphate Rock 

Plants. 

152) Subpart PP - Standards of Performance for Arr~morrium Sulfate 

Manufacture. 

153) Subpart QQ - Standards of Performance for Graphic Arts 

Industry: Publication Rotoqravure Printinq. 

(54) Subpart RR - Standards of Performance for Pressure Sensitive 

Tape and Label Surface Coatinq Operations. 

155) Subpart SS - Standards of Performance for Industrial Surface 

Coatinq: Larqe Appliances. 
(56) Subpart TT - Standards of Performance for Metal Coil Surface 

Coatinq. 

(57) Subpart UU - Standards of Performance for Asphalt Processinq 

and Asphalt Roofinq. 

(58) Subpart VV - Standards of Performance for Equipment Leaks 

of Volatile Organic Compounds in the Svnthetic Organic 

Chemicals Manufacturinq Industw Except Sections 

60.482-1 (c)(2) and 60.484. 

(59) Subpart VVa - Standards of Performance for Equipment Leaks 

of VOC in the Svnthetic Orqanic Chemicals Manufacturinq 

Industrv for Which Construction, Reconstruction, or Modification 

commenced After November 7,2006. 

(60) Subpart WW - Standards of Performance for the Beveraqe Can 

Surface Coatinq Industw. 

/61) Subpart XX - Standards of Performance for Bulk Gasoline 

Terminals. 

(62) Subpart AAA - Standards of Performance for New Residential 

Wood Heaters. 

(63) Subpart BBB - Standards of Performance for the Rubber Tire 

Manufacturing Industrv. 

(64) Subpart DDD - Standards of Performance for Volatile Orqanic 

Compound (VOC) Emissions from the Polymer Manufacturinq 

Industry. 

(65) Subpart FFF - Standards of Performance for Flexible Vinvl and 

Urethane Coating and Printinq. 

(66) Subpart GGG - Standards of Performance for Equipment 

Leaks of VOC in Petroleum Refineries for Which Construction, 

Reconstruction, or Modification Commenced After Januarv 4, 

1983, and on or Before November 7,2006. 

(67) Subpart GGGa - Standards of Performance for Equipment 

Leaks of VOC in Petroleum Refineries for Which Construction, 

Reconstruction, or Modification Commenced After November 7, 

2006. 

Subpart HHH - Standards of Performance for Svnthetic Fiber 

Production Facilities. 
(69) Subpart Ill - Standards of Performance for Volatile Orqanic 

Compound (VOC) Emissions 'from the Svnthetic Orqanic 

Chemical Manufacturinq lndustrv (SOCMI) Air Oxidation Unit 

Processes. 

(70) Subpart JJJ - Standards of Performance for Petrole~~m Dw 

Cleaners. 

(71) Subpart KKK - Standards of Performance for Equipment Leaks 

of VOC from Onshore Natural Gas Processinq Plants. 

(72) Subpart LLL - Standards of Performance for Onshore Natural 

Gas Processinq: SO:, Emissions. 

(73) Subpart NNN - Standards of Performance for Volatile Orqarric 

Compound (VOC) Emissions From Synthetic Orqanic Chemical 

Manufacturinq lndustrv (SOCMI) Distillation Operations. 

(74) Subpart 000 - Standards of Performance for Nonmetallic 

Mineral Processing Plants. 

(75) Subpart PPP - Standards of Performance for Wool Fiberqlass 

Insulation Manufacturinq Plants. 

(76) Subpart QQQ - Standards of Performance for VOC Emissions 

from Petroleum Refinerv Wastewater Svstems. 

(77) Subpart RRR - Standards of Performance for Volatile Orqanic 

Compound Emissions from Svr~thetic Orqanic Chemical 

Manufacturinq lndustrv (SOCMI) Reactor Processes. 

(78) Subpart SSS - Standards of Performance for Maqnetic Tape 

Coatinq Facilities. 

(79) Subpart TTT - Standards of Performance for Industrial Surface 

Coatinq: Surface Coatinq of Plastic Parts for Business 

Machines. 

(80) Subpart UUU - Standards of Performance for Calciners and 

Dwers in Mineral Industries. 

(81) Subpart VVV - Standards of Performance for Polvmeric 

Coatinq of Supportinq Substrates Facilities. 

(82) Subpart WWW - Standards of Performance for Municipal Solid 

Waste Landfills. 
(83) Subpart AAAA - Standards of Performance for Small Municipal 

Waste Combustion Units for Which Construction is 

Commenced After Auqust 30, 1999 or for Which Modification or 

Reconstruction is Commenced After June 6, 2001. 

(84) Subpart BBBB - Emission Guidelines and Compliance Times 

for Small Municipal Waste Combustion Units Constructed On or 

Before Auqust 30, 1999. 

(85) Subpart CCCC - Standards of Performance for Commercial 

and Industrial Solid Waste lncineration Units for Which 

Construction is Commenced After November 30, 1999 or for 

Which Modification or Reconstruction is Commenced on or 

After June 1,2001. 

(86) Subpart DDDD - Emissions Guidelines and Compliance Times 

for Commercial and Industrial Solid Waste lncineration Units 

that Commenced Construction On or Before November 30, 

1999. 

(87) Subpart EEEE - Standards of Performance for Other Solid 

Waste lncineration Units for Which Construction is Commenced 

After December 9, 2004, or for Which Modification or 

Reconstruction is Commenced on or After June 16, 2006. 

/88) Subpart FFFF - Emission Guidelines and Compliance Times for 

Other Solid Waste Incineration Units That Commenced 

Construction On or Before December 9, 2004. 

(89) Subpart HHHH - Emissions Guidelines and Compliance Times 

for Coal-Fired Electric Steam Generating Units. 

(90) Subpart 1111 - Standards of Performance for Stationary 

Compression lqnition Internal Combustion Enqines. 

(91) Subpart JJJJ - Standards of Performance for Stationary Spark 

Ignition Internal Combustion Enqines. 

(92) Subpart KKKK - Standards of Performance for Stationary 

Combustion Turbines. 

(93) Appendix A - Reference Methods (Testing Procedures). 

(94) Appendix B - Performance Specifications (Continuous 

Monitorinq). 

(95) Appendix C - Determination of Emission Rate Change. 
Appendix D - Required En-~ission Inventow Information. 

Appendix F - Quality Assurance Procedures. 

Appendix I - Removal Label and Owner's Manual. 
CLARK COUNTY BOARD OF COMMISSIONERS 

AGENDA ITEM 

FISCAL IMPACT: 

Issue: Delegation of Federal Air Pollution Control Standards 

Petitioner: Lewis Wallenmeyer, Director, Air Quality & Environmental 

Management 

None by this action. 

', 

Back-up: 

Clerk Ref. # 

On May 18, 2010, the Board of County Commissioners approved, adopted, and authorized Ordinance No. 3865 

which includes revisions to Sections 13 and 14 of the Clark County Air Quality Regulations. Section 13 

(National Emission Standards for Hazardous Air Pollutants or "NESHAPS") addresses the current federal 

requirements for stationary sources that emit certain types of hazardous air pollutants. Section 14 (New Source 

Performance Standards or "NSPS") addresses the current federal requirements for a number of different types 

of stationary sources. Stationary sources subject to these federal standards are required to meet extremely 

stringent emission control and operational requirements. 

Recommendation: 

That the Board of County Commissioners approve and authorize the Director of the 

Department of Air Quality and Environmental Management or his designee to request 

that the U.S. Environmental Protection Agency ("EPA") delegate to Clark County the 

authority to enforce the federal National Emission Standards for Hazardous Air 

Pollutants and New Source Performance Standards in Clark County and to sign any 

documents necessary to initiate and complete the delegation process. 

Pursuant to Section 11 l(c)(l) of the Clean Air Act, EPA has the authority to delegate the NSPS to a regulatory 

agency. Pursuant to Section 112(1) of the Clean Air Act and 40 CFR Part 63, EPA has the authority to delegate 

the NESHAPS to a regulatory agency. In order for the County to have a more efficient air quality program, 

staff recommends that the County seek delegation of the NSPS and NESHAPS as outlined in Attachment 1 so 

that a source of regulated air pollutants in Clark County that must also comply with an applicable NSPS or 

NESHAPS may obtain a permit from the County, rather than from EPA, that includes those requirements. 

Respecthlly submitted, 

F S WALLENME DIRECTOR 

Cleared for Agenda 

Agenda Item 
ATTACHMENT 1 

SPECIFIC NESHAPS, NSPS OR GENERAL PROVISIONS FOR WHICH CLARK COUNTY IS REQUESTING 

DELEGATION 

SECTION 13: National Emission Standards for Hazardous Air Pollutants 

Section 13.1 (Incorporation of 40 CFR Part 61 Requirements by Reference): 

Section 13.1 Introductory paragraph following the title. 

Section 13.l(a) and 13.l(b) 

Section 13,l(b)(6) and (7)' 

Section 13.1(b)(9)-(15) 

Section 13.2 (Incorporation of 40 CFR Part 63 Requirements by Reference): 

Section 13.2 lntroductory paragraph following the title 

Section 13.2(a) 

Section 13.2(b)(l)-13.2(b)(l27) 

SECTION 14: New Source Performance Standards 

Section 14.1 (Incorporation of 40 CFR Part 60 Requirements by Reference): 

Section 14.1 lntroductory paragraph following the title 

Section 14.l(a) and (b) 

Section 14.1(b)(2)-(7)' 

Section 14.l(b)(9)-(11) 

Section 14.1(b)(13)-(15) 

Section 14.1(b)(17)-(20) 

Section 14.1(b)(23) 

Section 14.1(b)(25)-(27) 

Section 14.1(b)(32)-(34) 

Section 14.1(b)(36) and (37) 

Section 14.1(b)(39)-(43) 

Section 14.1(b)(52) 

Section 14.1(b)(54) 

Section 14,1(b)(59)-(69) 

Section 14.1(b)(71)-(98) 

Footnotes: 

1. Sections 13.l(b)(l)-(5) and Section 13.l(b)(8) represent general provisions or specific NESHAPS 

that have been previously delegated to Clark County. 

2. Section 14.l(b)(3) is an NSPS that was withdrawn in the late 1990's and, therefore, Clark County 

is not requesting delegation and will repeal that section in a future revision. Sections 

14.l(b)(1),(8),(12),(16),(21),( 22),(24),(28)-(31),(35),(38), (44)-(51),(53),(55)-(58) and (70) are 

general provisions or specific NSPS that have been previously delegated to Clark County. 
- 

JOINT MEETmG REGULAR - 7/'20/20 10 

t Page 7 of 32 

ATTACHMENT: FY 1 1 105 Application.pdf 

14 Approve and authorize the Director of the Department of Air Quality and 

Environmental Management or his designee to request that the U.S. Environmental 

Protection Agency ("EPA") delegate to Clark County the authority to enforce the 

federal National Emission Standards for Hazardous Air Pollutants and New Source 

Performance Standards in Clark County and to sign any documents necessary to 

initiate and complete the delegation process. 

ACTION: APPROVED AS RECOMMENDED 

ATTACHMENT: Clark Countv Agenda Item Template.doc 

ATTACHMENT: ATTACHMENT 1 delegation.pdf 

Parks & Recreation 

15 Ratify the grant application submitted to Nevada Humanities under the National 

Endowment for the Humanities, by the Department of Parks and Recreation in the 

amount of $1,000 in support of a musical instruction and performance program at 

the Camp Lee Canyon Omni Camp; and accept grant hnds awarded. 

ACTION: APPROVED AS RECOMMENDED 

ATTACHMENT: Clark Countv Agenda Item Tem~late.doc 

ATTACHMENT: Nevada Humanities Grant Auvlication.udf 

16 Ratify the grant application submitted to the Nevada Arts Council, Nevada Touring 

Initiative, by the Department of Parks and Recreation in the amount of $443.40 in 

support of a creative writing and outreach program at the Camp Lee Canyon Oasis 

Camp; and accept grant funds awarded. 

ACTION: APPROVED AS RECOMMENDED 

ATTACHMENT: Clark Countv Agenda Item Template.doc 

ATTACHMENT: Nevada Arts Council Grant.pdf 

17 Approve and authorize the Chairman to sign Amendment Number 1 to the license 

agreement between Clark County and the Bureau of Reclamation, executing the 

amendment for the purpose of delivering Colorado River water for use on federal 

lands at the Laughlin Regional Heritage Greenway Trail and Park. 

ACTION: APPROVED AS RECOMMENDED 
MEMORANDUM OF AGREEMENT BETWEEN CLARK COUNTY 

AND THE U.S. EPA, REGION IX REGARDING DELEGATION OF 

NESHAPS 
MEMORANDUM OF AGREEMENT 

BETWEEN 

CLARK COUNTY, NEVADA 

AND 

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, REGION IX 

REGARDING 

DELEGATION OF NATIONAL EMISSION STANDARDS 

FOR HAZARDOUS AIR POLLUTANTS 

I. INTRODUCTION 

This Memorandum of Agreement (hereinafter "Agreement") establishes procedures to 

facilitate delegation to Clark County ("County") of the authority to implement and enforce 

federal rules, emission standards, and requirements promulgated under Section 112 of the 

Clean Air Act, 42 U.S.C. $7412 (hereinafter referred to as the "Section 112 federal rules"). 

This Agreement further sets forth the manner in which the United States Environmental 

Protection Agency, Region IX ("EPA"), and County will coordinate their respective 

responsibilities to ensure expeditious delegation of the Section 112 federal rules to County. 

EPA and County will review this Agreement as the need arises. 

Pursuant to Section 112, EPA promulgates national emission standards for hazardous 

air pollutants, i.e., the Section 112 federal rules. Under Section 112(1), a local air pollution 

control agency (hereinafter "local agency") may develop and submit to EPA for approval a 

program for the implementation and enforcement of promulgated Section 112 federal rules, 

provided certain specified approval criteria have been met. On November 26, 1993, EPA 

promulgated regulations, codified at 40 C.F.R. Part 63, Subpart E (hereinafter "Subpart En), 

to provide guidance useful to state and local agencies in developing programs for submittal 

under Section 112(1). Subpart E was later revised on September 14, 2000. See 65 Federal 

Register 55809. While submission of local rules or programs under 112(1) is voluntary, a local 

agency seeking to implement and enforce some provisions of its own program in lieu of a 

Section 112 federal rule needs to obtain EPA approval under Subpart E. Once granted 

approval, the approved local rules or programs would be federally enforceable and would 

substitute for the otherwise applicable Section 112 federal rule within that local agency's 

jurisdiction. Regardless of whether a local rule or program is approved or disapproved, 

nothing shall prohibit EPA from enforcing any applicable emission standard or requirement 

under Section 1 12. See Section 1 12(1)(7) and 40 C.F.R. $ 63.90(d)(2). 

Subpart E includes several options for requesting approval of local rules or programs. 

Under one of these options, a local agency may request delegation of Section 112 federal rules 

as promulgated without changes. To obtain approval under this option, a local agency need 

only meet the criteria in 40 C.F.R. $ 63.91. On July 13, 1995, EPA promulgated approval 

under Section 112(1)(5) and 40 C.F.R. $ 63.91 of the Clark County Health District's program 

for receiving delegation of Section 112 federal rules that are unchanged from the Section 112 
federal rules as promulgated. See 60 Federal Register 36070. In 2001, County was 

designated the air pollution control agency and took over responsibility of the air quality 

program from the Health District , including the delegated authority. County has informed 

EPA that it intends to obtain the regulatory authority necessary to accept delegation of the 

Section 112 federal rules by incorporating by reference these rules into local codes of 

regulation. This Agreement establishes procedures to facilitate this delegation process. 

11. POLICY STATEMENT 

EPA and County are responsible for ensuring that their respective obligations under 

this Agreement are met. In summary, County has the responsibility to incorporate the Section 

112 federal rules into local codes of regulation by reference and to initiate the delegation 

process by submitting an application that conforms with Subpart E; while EPA has the 

responsibility to provide County with information regarding upcoming Section 112 federal 

rules and to review County's applications. EPA and County agree to maintain a high level of 

cooperation and coordination between their respective staffs in a partnership to assure 

successful and effective delegation of the Section 112 federal rules. 

111. INFORMATION SHARING 

A. GENERAL 

EPA and County agree to participate in conference calls, as needed, to discuss legal, 

policy, resource, or technical issues related to delegation of Section 112 federal rules. 

B. EPA 

1. EPA will update County periodically on important developments under Section 112, 

including progress on the proposal and promulgation of Section 112 federal rules and 

development of EPA policies. EPA agrees to provide County with the names, 

addresses, email addresses, and phone and fax numbers of the EPA contacts for each 

Section 112 federal rule, as well as any information regarding delegation. 

2. EPA agrees, when reasonably foreseeable, to communicate to County that the 

implementation and enforcement of any new Section 112 federal rule may require 

additional legal, technical, or financial resources on theapart of County. 

3. EPA will provide County with any information EPA may have collected regarding 

sources within County's jurisdiction that may be subject to a Section 112 federal rule. 

C. County 

1. County will work cooperatively with EPA to identify all sources within County's 

jurisdiction that may be subject to a Section 112 federal rule. 
2. County agrees to notify EPA in advance of any proposed program changes that may 

affect County's ability to implement or enforce any Section 112 federal rule for which 

County has received delegation or will request delegation. Program changes of 

concern include modification of County's legal authorities (e.g., statutes, regulations, 

or judicial or legislative actions affecting those authorities), modification of resource 

levels, modification of implementation schedules, etc., that were part of any approval 

under Section 112 or Subpart E. 

3. County understands that EPA may request County to provide the information or the 

demonstrations referenced in 40 C.F .R. 3 63.96(a). 

IV. DELEGATION PROCEDURES 

A. County 

1. As noted above, County intends to obtain the regulatory authority necessary to accept 

delegation of the Section 112 federal rules by incorporating these rules into local codes 

of regulation by reference. For the Section 112 federal rules for which County will 

seek delegation, County agrees to incorporate the Section 112 federal rules by 

reference into the Clark County Air Quality Regulations as expeditiously as possible. 

For each Section 112 federal rule (or group of rules) for which County will seek 

delegation, County agrees to submit a letter as soon as practicable (if possible, 

immediately after the relevant local regulatory action is complete and within one year 

of EPA's promulgation of the Section 112 federal rule) to the Director of EPA Region 

IX's Air Division requesting delegation of the Section 112 federal rule. County shall 

include with this letter proof that County has obtained the necessary regulatory 

authority to fully implement and enforce the Section 112 federal rule for which it is 

seeking delegation. This proof shall include the Clark County Board of County 

Commissioners' adoption by ordinance and a copy of the regulatory provisions by 

which the Section 112 federal rule was adopted. 

B. EPA 

1. In response to a letter requesting delegation of a Section 112 federal rule, EPA agrees 

to expeditiously review the request and respond in writing as to whether the delegation 

is approved or disapproved. 

2. If the delegation request is approved, the effective date of the delegation of the Section 

112 federal rule will be the date when the Director of EPA Region IX's Air Division 

signs the approval letter. 

3. Periodically, EPA will publish in the Federal Register an updated .list of the Section 

3 
112 federal rules that have been delegated. 

POST-DELEGATION 

EPA 

After delegation of a Section 112 federal rule, EPA agrees to continue to provide 

assistance to County in the implementation or enforcement of the Section 112 federal 

rule. 

Pursuant to 40 C.F.R. $3 63.9(a)(4)(ii) and 63.10 (a)(4)(ii), EPA hereby waives the 

requirements that notifications and reports be submitted to EPA as well as to County 

for any Section 112 federal rules for which County has received delegation (i.e., upon 

delegation affected sources need only submit required notifications and reports to 

County). EPA reserves the right to reevaluate the appropriateness of such a broad 

waiver in the event of programmatic changes or on a source category basis. 

County 

County understands that for any Section 112 federal rule for which it requests and 

receives delegation, it will be the primary implementing agency and will be responsible 

for implementing and enforcing the Section 112 federal rule independent of and in 

addition to the conditions of any affected source's operating permit under 40 C.F.R. 

Part 70. 

County agrees to retain records required by Section 112 federal rules, and make 

records available to EPA upon request. 

County understands that certain authorities are retained by EPA and are not delegable 

to County. See, for example, 40 C.F.R. $$ 63.90(d) and 63.91(g)(2). In general, 

authorities that are not delegable include those functions that require rulemaking in the 

Federal Register or those situations where federal oversight is the only way to ensure 

national consistency in the application of the standards. 

County agrees that delegation of 40 C.F.R. Part 63, Subpart A will include the 

"Category I" authorities listed in 40 C .F.R. $63.9 l(g)( l)(i). EPA retains the authority 

to make decisions according to the "Category 11" authorities listed in 40 C.F.R. 

$63.9l(g)(2)(ii). 

County agrees to forward to EPA a copy of all decisions made pursuant to "Category 

I" authorities (as mentioned in 40 C.F.R. $63.91(g)(l)), as well as any determinations 

made pursuant to 40 C.F.R. $3 63.6(i) or 63.5(f). In addition, County agrees to 

4 
provide EPA with a copy of any requests sent to County for minor or intermediate 

alternatives to test methods or monitoring requirements in Section 112 federal rules, 

prior to approval or disapproval by County. 

VI. DISCLAIMERS 

1. This Agreement is for the benefit of EPA and County. This Agreement does not create 

any rights, duties, or obligations, implied or otherwise, in any third parties. 

2. As stated above, nothing shall prohibit EPA from enforcing any applicable emission 

standard or requirement under Section 1 12. 

This Agreement shall become effective when signed by both parties. 

Director 

Clark County Department of Air Quality 

and Environmental Management 

Deborah Jordan 

Director 

Air Division 

U.S. EPA Region IX 

Date: