S TAT E O F N EVA DA 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 941 05 

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) Requirements in the Current Nevada State 

Implementation Plan for 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 PM2.5 National 

Ambient Air Quality Standards" (NAAQS). Enclosure 1 addresses the inffastructure elements in 

the Nevada SIP for the 1997 8-hour ozone NAAQS for all areas within NDEP's jurisdiction. 

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, reproducing EPA'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NDEP notes that many of Nevada's current SIP regulatory provisions are seriously outdated and 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 submissions thereafter. EPA has acted on a portion of 

these submittals, but has proposed to disapprove the majority of Nevada's permitting program 

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 determination that the majority of the regulations 

comprising Nevada's permitting program are not separable, EPA concludes that the bulk of the 

permitting program update must be disapproved. Of 94 permitting regulations submitted, EPA 

found 87 to be nonseparable. Of these 87, EPA found that 71 were actually approvable as 

submitted (although EPA did make minor comments on 10 of these). For the remaining 16 

regulations, Nevada submitted evidence (August 17,2007) showing that 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 400 1 Carson City, Nevada 8970 1 p: 775.687.4670 f: 775.687.5856 www.ndep.nv.gov 5&+ 

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February 1,2008 

Guidance from EPA Headquarters, "Form 1 Confirmation letter template," suggests that States 

include pending SIP revision submittals in their 1 10(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 

1 10(a)(2) required elements. To make this infrastructure SIP more approvable, NDEP once 

again requests that EPA act to approve Nevada's permitting provisions update. 

Finally, 40 CFR 8 52.1479 states that the source surveillance requirements in 8 51.21 1 (emission 

reports and recordkeeping) and 8 5 1.2 14 (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 

ozone NAAQS. Nevertheless, approval of Nevada's permitting program update to eliminate the 

"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 of the Governor 

Jodi Stephens, Legislative Assistant, Oflice of the 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