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# EVADA jim Gibbons. Governor Allen Bioggi, Director

protecting the future for generations
February 1,2008
Wayne Nastri Regional Administrator ORA- 1,USEPA Region 9 75 Hawthorne Street San Francisco CA 94105

Dear Mr. Nastri:

On behalf of Governor Gibbons, as his appointed designee, I am submitting five copies of the Nevada Division of Environmental Protection's (NDEP) 8-hour ozone infrastructure State implementation plan (SIP): CAA 

### 1 lO(a)(2)(A)-(M) Requirementsin the Current Nevada State ImplementationPlanfor 8-Hour Ozone (Enclosure 1). This SIP is submitted pursuant to the U.S Environmental Protection Agency's (EPA) October 2,2007 "Guidance on SIP Elements Required Under Sections 1 1 O(a)(l) and (2) for the 1997 8-hour Ozone and PM2.5National Ambient Air Quality Standards" (NAAQS). Enclosure 1 addressesthe inffastructureelements in the Nevada SIP for the 1997 8-hour ozone NAAQS for all areas within NDEP'sjurisdiction.

Attachment A to EPA's October 2,2007 guidance lists the "Required Section 11 0 SIP Elements." NDEP has followed EPA's list in its compilation of the State's 8-hour ozone infrastructure SIP, reproducingEPA's description of the required element in Enclosure 1 accompanied by a description of where in the 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 easy reference (Enclosures 2 and 

### 3).

NDEP notes that many of Nevada's current SIP regulatory provisions are seriously outdated and do not correspond to current State regulations, creating what EPA has referred to 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 submissionsthereafter. EPA has acted on a portion of these submittals,but has proposed to disapprove the majority of Nevada's permittingprogram regulations update (72 FR 19144, April 17,2007). In the Technical Support Document (March 21,2007) for the proposed disapproval, EPA notes that most of Nevada's updated regulations are approvable. However,based on their determinationthat the majority ofthe regulations comprising Nevada's permittingprogram are not separable,EPA concludesthat the bulk of the permitting program update must be disapproved. Of 94 permitting regulations submitted,EPA found 87 to be nonseparable. Ofthese 87, EPA found that 71 were actually approvable as submitted (although EPA did make minor comments on 10of these). For the remaining 16 regulations, Nevada submitted evidence (August 17,2007) showingthat EPA's issues had been or were being addressed for 9 of them. NDEP further argued that the last 7 provisions were approvable as submitted. As of this date, EPA has not made a final determination regarding the update of Nevada's SIP permitting provisions.

90 1 S. Stewart Street, Suite 4001 Carson City, Nevada 8970 1 p: 775.687.4670 f: 775.687.5856 www.ndep.nv.gov 5&+ printed on recycled poperPage 2 February 

### 1,2008

Guidance from EPA Headquarters, "Form 1 Confirmation letter template," suggests that States include pending SIP revision submittals in their 110(a)(2)infrastructure SIPS. However, since EPA has proposed to disapprove NDEP's permitting program update, we thought it was not appropriate to include the pending permitting provisions in today's submittal. Many of the existing SIP provisions that the enclosed SIP relies on are 20 to 30 years old; if these outdated provisions were replaced with current regulations, Nevada's ozone SIP would better address the 110(a)(2)required elements. To make this infrastructure SIP more approvable, NDEP once again requests that EPA act to approveNevada's permitting provisions update.
Finally, 40 CFR 

### 8 52.1479 statesthat the source surveillance requirements in 

### 8 51.21 1 (emission reports and recordkeeping) and 

### 8 51.214(continuous emission monitoring) are not met. NDEP holds that these requirements are currently met by SIP provisions NAC 445B.256 to 445B.267, inclusive (approved at 71 FR 71486; see Enclosure 2). NDEP, therefore, requests that EPA revise 52.1479 to reflect that the source surveillance requirements are met by the State.

In summary,NDEP certifies that the current Nevada applicable SIP satisfies all of the basic SIP requirements contained in section 110(a)(2)(Aj(M) of the Clean Air Act for the 1997 8-hour

ozoneNAAQS. Nevertheless, approval ofNevada's permitting program update to eliminatethe "SIP gap" would strengthen Nevada's basic section 110(a) SIP. Therefore, we also request that EPA approve Nevada's permitting program update.
If you should have any questions about this submittal or require additional clarification, you may contact Michael Elges, Chief, Bureau of Air Quality Planning at (775) 687-9329.

Administrator

Enclosures

cc: Michael Dayton, Chief of Staff, Office ofthe Governor Jodi Stephens, Legislative Assistant, Oflice ofthe Governor Allen Biaggi, Director, DCNR Colleen Cripps, Deputy Administrator, NDEP Dennis Ransel, Planning Manager, Clark County DAQEM Andrew Goodrich, Director, Air Quality Management Division, Washoe County DHD David Jesson, Air Division, EPA Region IX (AIR-2)

Certified Mail No. 7006 3450 0000 5064 3993