# EVIDENCE OF PUBLIC PARTICIPATION AND ADOPTION OF PERMANENT AMENDMENTS TO NAC 445B

NEVADA STATE ENVIRONMENTAL COMMISSION HEARING OCTOBER 4,2004

### KENNY C.GUINN Governor STATE OF NEVADA 

# STAT E ENVIRONMEN TAL CO MMISSION 901 South Stewart Street, Suite 4001 Carson City , Nevada 89701-5249 Telephone (775) 687-9308 Fax (775) 687-5 856

www.sec . nv .gov ALLEN BIAG GI Director

CHAIRMAN: Melvin D. Cl os e Las Veg a s, NV VICE CHAIRMAN: Alan C o yner Administrator Divisi on of Min e rals Commissi on o n Mineral Resources MEMBERS Pete Anderson State F o rester Divisi on of For e stry T e rry Cra wf o rth Director De part m ent of Wildlife Le w D odg io n Carso n City , N V Don H end erso n Director De part m ent of Agricult ure Ira Rackley Las Veg a s, NV Hug h Ricci State Engi neer Divisi on of Water Reso urces Harry S h u ll Las Veg a s, NV F rances Spo n e r State Board of Healt h Las Veg a s, Ne vada Stepha nn e Z i mmerman Las Veg a s, NV COUNSEL David Ne wt on STA FF Nan Pa ulso n Record in g Sec retary John B. W a lker Exec utive Secr etary 

# Meeting Agenda October 04, 2005 The State Environme n tal Commission (SEC) will hold a public hea ring at 10:00 a.m. on Tuesday Oct ober 4th at the Nevada De partment of Wildlife's Conferenc e Room A, 1100 Va lley Road, Reno, Nevada. This agenda has been posted at the Nevada Department of Wildlife building in Reno, the Washoe County Library in Reno, the Clark County Public Library, and the offices of the Division of En vi ronmental Protection in Carson City and Las Vegas. The Public No tice for this hearing was published on September 05, 19 and 26 in the Las Vegas Review J ournal and Reno Gazette Journal news papers. The following items will be discus s ed and acted upon but may be taken in different order to accommodate the in terest and time of the persons attending. I. Acknow ledgement of new l yappointed Commissioner II. Approval of minutes from the June 10 hearing * ACTION III. Sett lem e nt Agreements on Air QualityViolations*ACTION by Consent Calendar
A. Bald Mountain Mine – Violation #19 63 B. Caithness Dixie Valley, LLC – Violations #1956- 1960 C. Harve y ’s Resort Hotel/Casino – Violation #1961 D. H.E. Hunewi ll Construction – Violatio n #1962 E. Southern California Edison Mohave – Violations #1952-19 55 

# IV. Regulat oryPetitions * ACTION (1) Regulation R097-05: Mi ning Reclamation Permit Modificatio n and Fee Adjustm ents (2) Regulation R035-05: Vehicle Emission Testing - Inspection & Maintenance Program (3) Regulation R037-05: Adoption By Reference of Federal Regulations (4) Regulation R036-05: Visible Emissions (5) Regulation R096-05: Revisions to Meet Federal Planning Requiremen t s

This do cu me nt is for ele ctronic di strib u tion

## This document is for electronic distribution 

## (6) Regulation R106-05: Vehicle Emission Control Program - Servicing Fuel Injection Systems (7) Regulation R083-05: Regulation of Marina Storage Tanks, adoption of International Fire Code, revised procedures for petroleum contaminate soil, and monitoring of MTBE and other contaminants (8) Regulation R126-05: Public Water System, Water Quality and Treatment of Water 

# (9) Regulation R129-05: Revises Certification of Operators of Public Water Systems 

# V. Briefing to/from the Commission and the Deputy Attorney VI. General Public Comment – In considerati on of others, who may also wish to provide public comme nt, please avoid repetition and limit your comments to no more than five (5) minutes. Meeting Information: Copies of t he proposed regulations may be obtained by calling the Executive Secretary, John Walker at (775) 687-9308. The public notice and the text ofthe proposed regulations are also available on the State Environmental Commission website at: sec.nv.govand the Legislative Counsel Bureau’s website at: http://www.leg.state.nv.us/Register/ Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Nevada State Environment al Commission, in care of John B. Walker, Executive Secretary, 901 Sout h Stewart Street, Suite 4001, Carson City, Nevada, 89701-5249, facsimile ( 775) 687-5856, or by calling (775) 687-9308, no later than 5:00 p. m. on September 27, 2005.

## Public Notice – State Environmental Commission – 10/05 

# 1 

# Notice Of Intent To Act Upon Regulations Notice of Hearing for the Adoption of Regulations of the State Environmental Commission The State Environmental Commission (SEC) will hold a public hearing at 10:00 a.m. on Tuesday October 4 th

## at the Nevada Department of Wildlife’s Conference Room A, 1100 Valley Road, Reno, Nevada. The purpose of the hearing is to receive comments from all interested persons regarding the adoption, amendment, or repeal of the following regulatory petitions and related SEC business. If a person that may be directly affected by a proposed action does not appear and request time to make an oral presentation at the above referenced hearing, the SEC may proceed immediately to act upon any of the following regulatory petitions or other written submissions described in this notice. The following items will be discussed and acted upon but may be taken in different order to accommodate the interest and time of the persons attending. Mining Reclamation (1) Regulation R097-05 – Mining Reclamation Permit Modification and Fee Adjustments. (Note: the SEC approved this regulation as a temporary regulation on June 10, 2005. The regulation remains unchanged and is now proposed as a permanent regulation.) This regulation amends the Nevada Administrative Code (NAC) 519A mining reclamation. Changes include a revision to the current fee structure for a permit modification and the definition of minor permit modifications. The proposed revision also defines a major modification. The revision to the current fee structure will reduce the fees charged for simple changes to the permit that require minimal staff time to review and process. The other proposed revisions set clearer parameters to define minor and major modification. This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state, federal, or local agencies. The amended regulation is no more stringent than what isestablished by federal law. As noted above, a revision to the current fee structure is proposed and would reduce fees charged for simple permit changes. (SEC Petition #2005-01) Air Quality Planning, Air Pollution Control (2) Regulation R035- 05: Vehicle Emission Testing - Inspection & Maintenance Program: (Note: the SEC approved this regulation as a temporary regulation on November 30, 2004, The intent of the regulation remains unchanged and is now proposed as a permanent regulation.) The proposed regulation clarifies and updates the Inspection & Maintenance (I/M) provisions of NAC 445B and brings them into alignment with the NRS. The amendm ents bring diesel vehicles with a gross vehicle weight rating (GVWR) from 8,500 up to and including 10,000 pounds into the I/M program as per AB 36. It also aligns the Clark County I/M program area in the NAC with what is in the Nevada I/M State Implementation Plan and clarifies which areas are included in the Washoe County I/M program and which are exempt. This regulation has an economic effect on selected diesel vehicle owners and fleets. In the emissions testing areas of Washoe and Clark Counties, diesel-powered vehicles with a GVWR noted above

## Public Notice – State Environmental Commission – 10/05 

# 2 require an annual test before registering. Each year, Nevada Department of Motor Vehicles (DMV) sets a maximum fee for emissions tests; in 2004, it was $39.00 in Clark and $36.00 in Washoe Counties respectively. There are no additional costs to the agency (DMV) for enforcement of the proposed regulation, the regulation does not overlap or duplicate any regulations of other state, federal or local agencies, and the regulation is no more stringent than what is established by federal law. Fees collected by the DMV from the emissions testing program are used as specified in NRS 445B.830. (SEC Petition #2004-27) (3) Regulation R037- 05: Adoption By Reference of Federal Regulations: (Note: the SEC approved this regulation as a temporary regulation on November 30, 2004. Minor technical corrections were made to the temporary regulation and it is now proposed as a permanent regulation.) The Nevada Division of Environmental Protection (NDEP) is delegated implementation and enforcement of those federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) rules requested by Nevada. However, it is necessary to keep the State’s “ adoption by reference of provisions of federal law and regulations ” regulation (NAC 445B.221) up to date so that EPA can continue to delegate new rules to the State. The temporary amendments adopted last fall updated the State’s adoption of federal regulations through November 2004. The technical corrections to the temporary regulation are necessary to avoid confusion regarding NDEP’s delegation authority. The corrections remove two rules that are not delegated from the State list of adopted federal rules. The rules that are being removed are Title 40 C.F.R. Part 60 Subpart AAA, New Residential Wood Heaters, and Title 40 C.F.R. Part 61 Subpart M, Asbestos. This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulati ons of other state or local agencies, however it does adopt federal regulations from Title 40 of the Code of Federal Regulations, Parts 60 and 61 by reference. The amended regulation is no more stringent than what is established by federal law and it will not increase fees. (SEC Petition #2004-29) (4) Regulation R036-05: Visible Emissions: (Note: the SEC approved this regulation as a temporary regulation on November 30, 2004. The regulation has been slightly altered and is now proposed as a permanent regulation.) This regulation proposes to repeal NAC 445B.22023, “ Visible emissions: Coal-fired steam generating facilities, ” contingent upon the requirements of a federal consent decree. The amendment is needed to comply with Nevada's Applicable State Implementation Plan (ASIP), which ensures that the National Ambient Air Quality Standards are attained and maintained. This amended regulation is necessary as part of the ASIP update that was submitted to U.S. EPA in February 2005 with a supplement in June 2005. This regulation will not have an immediate or long-term adverse effect on business or the public. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state, federal, or local agencies. The amended regulation is no more stringent than what is established by federal law and it will not increase fees. (SEC Petition #2004-28) (5) Regulation R096- 05: Revisions to Meet Federal Planning Requirements
. (Note: the SEC approved this regulation as a temporary regulation on June 10, 2005. The intent of the regulation remains unchanged and is now proposed as a permanent regulation.) The regulatory changes are

## Public Notice – State Environmental Commission – 10/05 

# 3 necessary to supplement the February 2005 submitta l of Nevada's Applicable State Implementation Plan (ASIP) to EPA, allowing EPA to approve the updated ASIP. The proposed regulation revises several sections in the permitting provisions of NAC 445B. It adds provisions to ensure good engineering practice regarding stack height and emission limitations, requires Prevention of Significant Deterioration review when relocating certain fossil-fueled power generating units, and updates and clarifies environm ental evaluation information requirements. Additionally, the regulation removes Director's discretion for dealing with the handling of organic solvents and other volatile compounds, adds a timeframe for the State’s response to requests for technical advise regarding plans for construction or modification of a facility, and increases the time allowed for the State to respond to a request from a source to determine whether an action constitutes construction or modification. Finally, the proposed regulation modifies the requirements for a Class II application for revision of an operating permit, to include information on actual emission rates. Other changes include correcting certain redundant provisions and making several clarifications, technical corrections and updates. This regulation does not have an immediate or long-te rm adverse effect on business or the public. There is no additional cost to the agency for enforcement of the proposed regulation and the regulation does not overlap or duplicate any regulations of other state, federal, or local agencies. The amended regulation is no more stringent than what is established by federal law
. (SEC Petition #2005-02) (6) Regulation R106-05: Vehicle Emission Control Program - Servicing Fuel Injection Systems: This new proposed regulation will modify NAC 445B.460 by defining a method for servicing motor vehicle fuel injection systems by facilities licensed as authorized inspection stations or class 1 fleet stations. The regulatory change is being proposed in response to Assembly Bill 239, which was passed by the 2005 Nevada Legislative Sessi on. The proposed amendment will update the Inspection and Maintenance provisions of the NAC and bring them into alignment with the Nevada Revised Statutes. The proposed amendment will have no adv erse economic effects on the regulated industry or on the public. There will be no additional costs to the agency (DMV) for implementing this amendment. The amended regulation does not overlap or duplicate any regulations of other state, federal or local agencies; the amended regulation is no more stringent than what is established by federal law, and the proposed amendment does not address fees. (SEC Petition #2005-05) Corrective Actions (7) Regulation R083-05: Regulation of Marina Storage Tanks, adoption of International Fire Code, revised procedures for petroleum contaminate soil, and monitoring of MTBE and other contaminants. This regulation amends NAC 459.9921 to 459.999 by establishing certain requirements for leak detection, prevention, and operation of above ground marina storage tank systems. It adopts by reference the International Fire Code (IFC 2003) for the construction, design, and location of marina tanks, and it provides for an annual registration fee of $50 for each aboveground marina storage tank compartment. The regulation also modifies the handling of petroleumcontaminated soils and it requires monitoring for MTBE and any other contaminant in the groundwater as directed by the Nevada Division of Environmental Protection (NDEP). The regulation will nothave an immediate or long-term adverse effect on the public. The economic impact to a business could be substantial, however, if replacement of an ex isting tank system is required. Information received from attendees at the workshops held by NDEP indicates that the majority of existing facilities would not require tank replacement. There will be a marginal cost to the

## Public Notice – State Environmental Commission – 10/05 

# 4 agency for enforcement of the proposed regulation, which will be recovered by the annual tank registration fee mentioned above. To a certain extent, the proposed regulation does over lap certain existing regulatory requirements. Specifically, the International Fire Code 2003 (IFC 2003), adopted by the State of Nevada, has requirements for the location and placing of above ground petroleum storage tanks but does not require advanced systems for leak detection an d prevention. The proposed regulation expands on the requirements of IFC 2003 and adds certain other requirements similar to those already existing for aboveground storage tanks. Finally, the annual tank registration fee noted above is proposed to recover costs for implementing the regulations. (SEC Petition #2005-03) Safe Drinking Water (8) Regulation R126-05: Public Water System, Water Quality and Treatment of Water: (Note: the State Health Division filed a pervious version of this regulation as a temporary regulation on March 28, 2005. The regulation has been slightly altered and is now proposed as a permanent regulation.) This regulation amends NAC 445A.450 through 445A.540. The amendment allows Nevada to adopt new federal primary drinking water regulations already in effect under the Safe Drinking Water Act (SDWA) in the following areas: arsenic rule; long term 1 surface water treatment rule; lead and copper rule revisions; radionuclides; filter backwash rule; public notification rule; and variances and exemptions. The amended regulation also provides criteria for projects that propose treatment facilities for groundwater. Of note, USEPA requires states with regulatory jurisdiction to assure design and construction of new water treatment facilities are compliant with primary drinking water regulations. The remaining amendments add definitions, seek to provide clarity, change authority from the Division of Environmental Protection to the health authority, where health districts would have authority, and provide only enforceable (and delete more stringent) secondary standards for water quality. The estimated beneficial economic effect of the proposed regulation on the business community and the public would decreased medical costs that otherwise might be incurred as a result of exposure to contaminants in drinking water. There is likely a significant adverse economic effect on small business although such impacts would not be borne evenly among privately owned public wate r systems such as mobile home parks. The impact borne by any particular water system w ill be dependent on the source of water quality and the quality as well as the availability and cost of alternative water sources. The likely significant impact will be associated with costs to comply with the new arsenic concentration standard of 10 parts per billion (ppb), reduced from 50 ppb, which becomes effective in January 2006. This standard will apply to all public water systems except transient, non-community systems, which are defined as noncommunity water systems, which do not regularly serve at least 25 of the same persons over six months of the year. Costs impacts might include developing an arsenic compliance plan, finding and developing new water sources, purchasing water from another water system, blending water from two or more sources, or implementing treatment to reduce arsenic levels. The State of Nevada has, under an agreement with the United States Environmental Protection Agency, primary enforcement responsib ility (primacy) for the primary drinking water regulations promulgated pursuant to the federal Safe Drinking Water Act. The State of Nevada must adopt regulations as stringent as the federal regulations to retain primacy, and must remain current with new regulations necessitated by amendments to the Act. Other than adopting such primary drinking water regulations, there is no duplication or overlap of these regulations with other state or government agencies. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not address fees. (SEC Petition #2005-06)

## Public Notice – State Environmental Commission – 10/05 

# 5 (9) Regulation R129-05: Revises Certification of Operators of Public Water Systems: (Note: the State Health Division filed a pervious version of this regulation as a temporary regulation on March 28, 2005. The regulation has been slightly altered and is now proposed as a permanent regulation.) This regulation amends NAC 445A.617 through 445A.652. The amendment proposes changes to Nevada’s Operator Certification Program for smal l water systems. Increased skills and knowledge would be required to operate public water system s for individuals certified thorough the Operator Certification Program. The program is managed by the Division of Environmental Protection – Bureau of Safe Drinking Water. The amendment is needed in light of more stringent water quality requirements. Ultimately, the goal of the operator certification program is the protection of public health. The State of Nevada has, under an agreement with the United States Environmental Protection Agency, primary enforcement responsibility (primacy) for the primary drinking water regulations promulgated pursuant to the federal Safe Drinking Water Act. The State of Nevada must adopt regulations as stringent as the federal regulations to retain primacy, and must remain current with new regulations necessitated by amendments to the Act. Other than adopting such primary drinking water regulations, there is no duplication or overlap of these regulations with other state or government agencies. This amended regulation would have a beneficial econom ic effect by increasing the knowledge base of operators of small water systems; such increased knowledge of water system operations will result in both immediate and long-term protection of pubic health. The estimated indirect adverse economic effects of the proposed revisions on the small businesses would apply to public water systems that require a Grade III or Grade IV Certified Operator. This indirect economic effect would be from new, higher requirement for post-secondary education required to qualify for new Grade III and Grade IV certifications. There will be no additional cost to the agency for enforcement of the proposed regulation and the regulation does not address fees. (SEC Petition #2005-07) Additional Information : Persons wishing to comment on the proposed actions of the State Environmental Commission (SEC) may appear at the scheduled public hearing or may address their comments, data, views, or arguments in written form to: State Environmental Commission, 901 South Stewart Street, Suite 4001, Carson City, Nevada, 89701-5249. The SEC must receive written submissions at least five days before the scheduled public hearing. If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the SEC may proceed immediately to act upon any written submissions. Members of the public can inspect copies of the regulations to be adopted at the State Library and Archives in Carson City (100 Stewart Street), and at the offices of the Division of Environmental Protection in Carson City and Las Vegas. The Carson City office is located at 901 South Stewart Street, Suite 4001 and the Las Vegas office is located at 1771 E. Flamingo, Suite 121-A. In addition, copies of this public notices have been deposited electronically at major library branches in each county in Nevada. This notice and the text of the proposed regulations are available on the State Environmental Commission’swebsite at ( SEC.nv.gov) as well as on Legislative Counsel Bureau’s website at http://www.leg.state.nv.us/Register/

. Members of the public who are disabled and require special accommodations or assistance at the meeting are requested to notify, in writing, the Nevada State Environmental Commission, in care of John B. Walker, Executive Secretary, 901 South Stewart Street, Suite 4001, Carson City, Nevada, 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9308, no later than 5:00 p.m. on September 27, 2005.

## Public Notice – State Environmental Commission – 10/05 

# 6 As required by the provisions of chapters 233B and 241 of Nevada Revised Statutes, this public notice has been posted at the following locations: The Nevada Department of Wildlife building in Reno, the Washoe County Library in Reno, the Clark County Public Library and Grant Sawyer Office Building in Las Vegas, and the Offices of the Division of Environmental Protection in Carson City and Las Vegas. Copies of this notice and the proposed regulation will also be mailed to members of the public upon request. A reasonable fee may be charged for copies if it is deemed necessary. Upon adoption of any regulation, the SEC, if requested to do so by an interested person, either before adoption or within 30 days thereafter, will issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption.

## Publishers of RENO GAZETTE - JOURNAL 

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### - Noticeof Hewing for the hdoption of Regmlat*ns 

# - 083005 The State Environmental Commission (SEC) will hold a public hearing at 10:OO a.m. on Tuesday October 4th at the Nevada Department of Wildlife's Conference Rwm 4 1100 Valley Road. Reno. Nevada. (1) Regulation 1097-05- Mining Reclamation Permit Modification and Fee Rdjustments. This regulation amends the Nevada Administrative Code (NAC) 519A mining reclamation. Changes include a revision to the cuwent fee struclure for a permit nmdification and the definition of minor permit modifications The proposed revision also defines a major modification. The revirion to the current fee structure will reduce the fees charged for simple changes to the permit that require minimal staff time to review and process. The other proposed revisions set clearer parameters to define minor and major modification. Air Quality Planning (2) Regulation R035- 05: Vehicle Ernision Testing 

# - Inspecth 6 Maintenance Program: The proposed regulalion clarifies and updates the l~peetion & Maintenance (l/M) provisions of NAC 445B and brings them into alignment with the NRS. The amendments bring diesel vehicles with a gross vehicle weight rating (GWR) from 8,500 up to and including 10,WO pounds into the I/M pro. gram as per AB 36. It also aligns the Clark County I/M program area in the NAC with what is in the Nevada I/M State lmplmntation Plan and clarifies whieh areas are included in the Washoe County I/M program and which areexempt. This regulation has an economic effect on seleded diesel vehicle ownns and flktz In the emissions terting areas of Washoe and Clark Counties, diesel

- powered vehicles with a GWR noted above require an annual test before registering. Each year, Nevada Department of Motor Vehicles (DMV) sets a maximum fee fa emissions tests; in 2004, it was $39.00 in Clark and $36.00 in Washw Counties re spectiily. Fea collected by the DMV from the emissions testing pogram are used as specified in NRS445B.830. (3) Regulation R037- (K: Adoption By Relmce of Federal Regulations The Nevada Division of Environmental Protection (NDEP) is delegated implementation and enforcem~t of thase federal New Source Performance Standards (NSPS) and National Eminion Standards for Hazarh Air Pdlutants (NESHAP) rules requested by Nevada. Howwer, it is necessary to keep the State's 'adoption by re ference of provisions of federal law and regulations - regulation (NAC 4458.221) up to dab so that EPA can continue to delegate new rules to the State. The temporary amendments adopted lad fall updated the State's adoption of federal regulations through November 2004. The technical corrections to the temporary reg1119011 are necessary to avoid confusion regarding NDEPs delegati authority. The corrections remove two rules that an not delegated from the State list of adapted federal ruler The rules that am king removed we Titk 40 C.F.R. Part 60 Subpart AAA, New Residential Wood Heaters, and Title 40 C.F.R. Part 61 Subpart M. Asbestm. 4) ~egulation'kO36~: Vaibk MDF This regulation proposes to repeal NAC 4458.22023. 'Viible emissions: Coal.fired 

### rtearn matingfadlilies,' contingent upon the requirements of a fed. era1 consent Wee. lht amendment is naeded to comply wjth Nevada's Applicable State lmplemew tation Plan (ASIP), which ensures that the National Ambiit Air Quality Standards are attained and maintained. This amended regulation is necesay as part of the ASlP uete that was submitted to US. EPA in Februa~y 2005 with a supplement in June2005. (5) ReguMion 10% 05E Rcrhions to Meel Fednral Planniw Reqhentr. The regulatory changes are newwry to supplement the February 2005 submittal of Nevada's Applicable Stab lmplementati Plan (ASIP) to EPA, allowing EPA to appmw the updated ASIP. The popd regulation revises sewral sections in 

### the permitting povisions of NAC 4458. It adds provisions to ensure good engineering practice regarding stack height and emission limitations, re quires Prevention of Significant Deterioration review when relocating certain fanil-fueled power generating units, and updates and clarities environmental evaluation information requirements Additionally, the regulation will removes Director's discretion tw dealing with the handling of organic solvents and other volatile compounds, adds a timeframe for the State's rerpome to requests fw tech nical advise regarding plans C construction or nmdification of a facility, and increases the time al bed fw the State to rmd to a request from a wrce to determine whether an action constitutes construction or rnodificatimn. Finally, the proposed regulation nmdlfier the requirtmmts for a Class II awl~catlon for revaion of an owating wmlt, to include information on actual emirvm rates, Othu ehang~ include correcting certain redundant provisions and making reveral clarifications, technical correctionsand updates (6) Regulatim RlO6-05: Vehicle Emission Control Program 

# - Snriin~ Fuel Injedlor Systems This new proposed regulation will modify NAC 4450.460 by defining a metbod fasmiting motor vc hicle fuel injection systems by facilities 

### lii as authorid inspection stations w dau 1 fleet sta. tions The regulatory change is being proposed in rerponse Assembly Bill 239. whih was parsed by the 2005 Nevada LegiJat~vc. The proposed amendment w~ll update the Inspection and Maintenance (I/M) provisionsofthe NAC and bring them into alignment with the Nevada RevisedStatutes. The proposed amendment will have no advenc economic elfects on the regulated industry a on the public There will be m add~tional costs to the agency (DMQ for implementing this amendment. Regulation 1 through 6 referenced in this notice will not have an immediate or long.term advene effect on busima the public There will be no additional 

### cost to the agency for enforcement of these proposed regulations and the regulations do not werlap or duplicate any regulations ol other state, federal, or local agencies The amended regulatioware m more stringent than what is estab lished by federal law and they will not increase& (7) ReguWon RO83-05: Regulation of Marina Storage Tank adoption of International Fire Code, revised procedures fo~ peboleurn contaminate soil, and rnonitwing of MTBE and other conhrnlnants: This reaulation amends NAC 459.9921 to 459.999 bv establishina certain reauirc ments for leak detect~o( prevention, and oprat:on of above ground marina storageiank systemi It adopts bv reference tne International Fire Code (IFC 2003) for the condr~ct;on, design, and location of marina tanks, and it provides for an annual kistratii fee of 550,fw eachabove ground marina ~tnravetank conloartrnent. The regulation also modifies the handl~ng of petroleum

- contaminaled, """- \.." L"..) 

# .". ,,,r .v,...lu.uull, UEI,.,,, .,I" IVLdUUII of tanks, and it provides for an annual registration fee of $50 for each above (round marina storage tank wmpartment. The regulation also modifies the handling of petroleum

- contaminated sails and it requires monitoring for MTBE and any other contaminant in the groundwater as directed by the Nevada Division af Environmental Protection (NDEP). The regulation will not have an immediate or long.term adverse effect on Le public. The economic impact to a business could ba substantial, howem, if replacement of an ukting tank ry~tm is required. Information received from attendees at the workshop held by NDEP indicates that the ma jority of existing facilities would not require tank replacement. There will be a ma~inal cost to the apnq for enforcement of Ihe pmposed regulation, which will be remedby the annual tank regislration fee mentioned above. To a certain extent, the proposed regulation does overlap certain exiiing regulatory requirements. Specifically, the International Fire Code 2003 (IFC 2003), adopted by the State of Nevada, has re. quirements fw the location and placinc of above ground petrokum storagetanks but does not reqvire advanced systems for leak detection and prevention. The propored regulatron expands on the require. ments of IFC 

### 20M and adds certain other requirements similar to thore already existing for above (round storage tanks. Finally, the annual tank regbtratim fee noted abPve s propmtd to recarer mts for implemenling tk

regulations. (8) Regulatmn R126.05: Public Water System, Waler Qluliw and Treatment of Water: This regulation amends NAG 445A.450 through 445A.540. The amendment allam Nevada to adapt new federal primary drinking water regulations already in effect under the Safe Drinking Water Act (SOWA) in the fallowing areas: armic rule; long term 1 surface water treatment rule: lead and copper rule revi sions; radio nuclide^ filter backwash rule: public notification rule; and variances and exemptions. The amended regulation also provides criteria for projects that propme treatment facilitier fw proundwater. Of note, USEPA requires state with regulatory jurisdiction to asrure design and con druction of 

### oew water treatment faeilitiu are wmpliant wilh primary drinking water regulations. The remaining amendments add definitions, seek to provide clarity, cham authority fmm the Dividon of Environmental Prutectii to Ihe health autharity, where hdalth districts would have authority. and provide only enfotceabk (and Mete anare stri~ent) sewndary standards for water quality. The estimated benefichl momic effect of the popased regulation on the business community and the public would deneased medical tats that otherwise migfit be i~urred as a result of exposure to antaminants in drinking water. There is likely a significant adm economic effect on smdl business although such impacts vauld not be horm evenly among privately owned public water systems such as mobile home pak Tk impact borne by any particular water system will be depndent on Ihe source of water quality and the quality as well as the availability and mrt of alternatim water sources The lkely significant impact will be arcociated with msCE to comply wilh the new anenic coneenIration standard of 10 parts per billion (ppb), reduced from 50 ppb, which t+mes effectii in January 2W. This standard will ap ply to all public water systems ewpt transient, noncammunity systems, which ~e Mined as noncom. munity water systems, which do not regularly pene at least 25 of the same penons ow 

### I mths of the year. Cork impacts might include developing an arsenic mmplia~ plan, finding and dewloping m water mum, purchasing water from mother water system, blendlng water from tw a mae sources, or implementing treatment to reduce arsenic levek. The State of Nevada has under an agreement with the US EPA, primaw enforcement respansibility (primacy) for the drinking water regulations promulgated purruant to tk federal Safe Drinking Water Act. The State of Nevada must adopt regulations as shingent as the federal regulations to retain primacy and must remain current with new rqulations necessitated by amendments to the Act. Other thin adopting such primary drinking water reguldint, then is no duplication or overlap of there regulat'ins with other state a government agencies. There will be no additional mst to the abncy far enforcement of the proposed regulationand the regulationdoer. not addres fees. (9) Regulation Rl29-05. Rerber Certificafin of Operaton of Public Water Sydm: This regulation amends NAC 445A.617 through 445A.652. The amendment pqws changes lo Nevada's Op eralor Certificatmn Pmgram fa small water systems. lnereared skills and knowledge would bo re quired to operate public water systems for individuals certified lhorough the Operalor Certification Program. The amendment is needed in light of more stringent water quality requirement+ Ultimately, tkgoalof theoperator certificatron program is the potection of public kalth. The Slate of Nevada has. under an agreement with US EP4 primary enforcement responsibility (prim acy) for the primary drinking water regulations promulgated pursuant to the federal Safe Drinking Water Act. The State of Nevada musl adopl regulations as stringent as Ule federal rqulatians lo re. tain pimacy, and must remain current with new regulations necessilated by amendments to the Act. Other than adopting such primary drinking water regulations, there is no duplication or overlap of there regulations with otherstatea government agencies. This amended regulation would have a bencfrcial economic ekted by increasing the knowledge base of ooetatws of small water svstems: such increased knowledge of water system operations will result

. . in bath immediate and lonp-term prot&tion of pubic health. - The estimated indirect adverse ewnomic effects of the propxed revisionr on the mall businesses would apply to public water systems that rquire a Grade Ill or Grade IV Cert~fied Operator. This indi. rect economic effect would be from new, higher requirement far yst.recandary education required to quai$ for new Grade Ill and Grade IV cwtifiwtions. There w8l be no additional cost to the agency for enforcement ofthe proposed regulation and the regulationdm not address lees. Public Comment L Additioml Information: Persons wishing to comment on the proposed actions of the Slate Environmental Commission (SEC) may appear at the scheduled public hearing or may address their comments, data, views, or argu ments in writien Cm to: State Environmental Commission. 901 South Stewart Street, Suite 4001. Carm City, Nevada, 89701.5249. The SEC must receive writlen submissions al kast live days before the scheduled public hearing. If no person wha is directly affected by the propored action appears to request time to make an oral pecentation, the SEC may praceed immediately to acl upon any written submisdonz Members of the public can inspect copies of :he regulations to be adopled at the State Library and Archives in Carson Cily (100 Stewart Street), and at the offiws of the Division of Environmental Protec. tion in Ca~n City and Las Vegas. The Carmn City office is located at 901 South Stewart Street, Suite UlOl and the Las Vqasoflice islocated at 1771 

### E. Flamingo. Suite 121.A. In addition, copies of this public notices have been deposited electronically at major library branches in each county in Nevada This nolice and the text of the proposed regulations are available on the State Environmental Commission's website at (SEC.nv.~ov) as well as on Legislative Counsel Bureau's webriteat http:~ww.leg.state.n~.~s/Register/. Members of the public who are dirabied and require special accommadations or assistance at the meeting are requested to notify, in writing, the Nevada State Environmental Commission, in care of John B. Walker, Executive Secretary. 901 South Stewart Streel, Suite 4001. Carmn City. Nevada, 89701

-5249, facsimile (775) 687-5856, or by calling (775) 687

- 9303. no later than 5:00 p.m. on September 27, 2005. As required by the provisions of chapters 233% and 241 of Nevada Revised Statutes, this public notice has been pasled at the following locations: The Nevada Department of Wildlife building in Reno, the Washae County Library in Reno, the Clark County Public Library 

### and Grant Sawyer Office Building in



### vetas, and the Ofices of the Division of Envrronmenlal Protection in Carson City and Lar k'egas. Copies of this notice and the poposed regulation will also be mailed to members of Ihe public uyn request. A reasonable fee may becharged for copies if it is deemed necessary. Upon adoption of any regulation the SEC, if requested to do so by an inlerested person, either before 

# I adoption or within 30 days thehalter, will issue a concise rlatement of the principal reasons for and against ils adoption and incorporate therein its reason for overruling the consideration urged against its adoplion. No. 111127 September 5,19,26,2005

### DISTRICT COURT Clark County, Nevada
AFFIDAVIT OF PUBLICATION
STATE OF NEVADA) COW OF CLARK) SS:

Donna Stark, being 1st duly sworn, deposes and says: That she is the Legal Clerk for the Las Vegas Review

- Journal and the Las Vegas Sun, daily newspapers regularly issued, published and circulated in 

### the City of
Las Vegas, County of Clark, State of Nevada, and that the advertisement, a true
copy attached for,

NV 

### ST ENVIRON COMM 4221300

was continuously published 

### in said Las Vegas Review Journal and/or Las Vegas Sun in 3 edition(s) of said newspaper issued from 09/05/2005 to 09/26/2005, on the following days: SEPT. 5, 19, 26, 2005

Signed :



### SUBSCRIBED AND 

### SWORN BEFORE ME THIS THE 

# 8

day of 

# &&
2005

Notary Public

### State Environmental Commission 

# - Notice ot 

## nea!y~g~a~ 

## 7uy nuupmwnm 

### y.l,.-a..

> 

## * 

# Kc.&?:, E-*x lhe State Erivironmental Commission (SEC w~ll hold a ptrhlic hearing at 10:OO a.m. on Tuesday October 4' at the Nevada Department of W~ldlife's Conference Room 

# d. 1'100 Valley Road. Reno. Nevada..

. . (1) Regulation R097-05 

# - Mining Reclamation Permit Modification and Fee Adjustments. This regulation amends the Nevada Administrative Code (NAC) 519A milling reclamation. Changes include a revision to the current fee structure for a permit modification and the definition of minor permit modifications. The pro osed revision also defines a major modification. The revision to the current fee structure will reduce the fees charge8for simple changes to the permtt that require minimal staff time to review and process. The other proposed revisions set clearer parameters to define minor and majot modification. (2) Regulation R035- 05: Vehicle Emission Testin&- Inspection & Maintenance Program: The proposed regulation clartfles and updates the lnspectlon & Maintenance ( ) provls!ons of NAC 4458 and brin s lhem tnto 

### alignment, wrth the NRS. The amendments bring dresel vehrcles with a ross vehtcle we1 ht ratlng GVWR) tom 8,FO up to and rncluding 10,000 pounds into the VM program as per AB 

### 36. It $0 aligns the Mun AM program area In the NAC wrth what IS in the Nevada IIM State Implementahon Plan and clartf~es whlch areas are lncluakd in the Washoe County VM program and which are exempt. This regulation has an economic effect on selected diesd vehicle owners and fleets. In the emissions testing areas of Washoe and Clark Counties diesel owered vehicles with a 

### GVWR noted above require an annual test before r istering. Each year, Nevada ~epartmknt of &tor Vehicles (DMV) sets a maximum fee for em~ssions teqs:.in M04,.il was%9.00 rn Clark and $36.00 in Washoe Countles respectwely. Fees collected by the DMV from the emlsswns teshng program are used 

### as specified in NRS 

### 445B.830. 

# $) Regulation R037- 05: Adoption By Reference of Federal R ulations: The Nevada Division of Environmental

rotectton NDEP) IS delegated rmplementation and enforcement ofxse federal 

### New Source Pelformance Standards (NSPS) an6 National Emission Standards for Hazardcus Air Pollutants (NESW) rules requested by Nevada. However, it IS necessary to keep the State's " adoption by reference 

### of provisions 

### of federal law and regulations " regulation (NAC 4450.221) up to date so that EPA can contlnue to delegate new rules to the State. The temporary amendments adopted last fafl updated the Slate's adoption of federal rvlations through November 2004. The technical corrections to the temporary regulation are necessary to avoid confusion regardm NDEP's delegegation authority. The corrections remove two rules that are not dele ted from the State list of adopted fedleral rules. The rules that are being removed are Title 40 C.F.R. Part 60 Subpalt 

# & New Residential Wood Healers, 

### and Title 40 C.F.R. Part 61 Subpart M, Asbestos. (4) Regulation R036-05: Visible Emissions: This regulation 

### proposes to repeal NAC 4458.22023, "VIsiMe emissions: Coal

-fired steam generating faalities,"ontingent upon the requ~rements of a federal consent decree. The amendment 

### k needed to comolv wflh Nevada's Aoolrcable State lm~lernentatron Plan (ASIP). whch ensures that the Nabonal Ambient Air Qualiy standaid; are attained and inain$ned. This amenfled regulalh is riecessaly 

### as part of the ASIP update lhat 

### was submitted to U.S. EPA in February 2005 with a supplement m June 2005. (5) Regulation R09G 05: Revisions to Meet Federal Planning Requirements. The regulatory chan to supplement the February 

### 2005 submittal of Nevada's Applicable State Implementation Plan (ASIP) to l%&a?xgx to approve the updated ASIP. The proposed regulation revises several sections in the permMing provisions of NAC 4458. It adds provisions to ensure aood enaineerina oractlce rwardina stack heiaht and emission limitations, reauires Prevention of Sionifkant Deterioration ieview ;hen relijdating certain fossl-fueled power generating units, and.updates 

### and clarifies environmental evaluation lnformation reaulrements. Addiiionaltv. the reaulabon will removes Director's discretion for dealina the handlina of organic solvenis and other volatile co$unds,-adds a timelrarne.for the State's,response to requesk for technical a&e regardin plans for construction or modifiitron of a facility, 

### and Increases the time allowed for the State 

### to respond to a request ?,om a source to determrne whether an actron constiutes construclion or modiicatwn. Finalfy. the proposed reoulation modifies the requirements for a Class II application for revision of 

### an operating penit. to indude informahon on aciual emrssion rates. Other changes include corrding certain redundant pro\iiiions 

### a& making several clarifiitions, technical corrections and updates. (6) Regulation R106-05: Vehicle Emission Contrd Program 

# - Se~icing Fuel lnj~tion Systems: This new proposed reaulatron will modihr NAC 4450.460 bv definina a method for sewlcrna motor vehlcle fuel rn~ectron svstems bv facilities liclensed as authorizd inspection statiofis or cla& I fleet stations. The regulatory change is being proposed in response to Assembly Bill 239. which was pass* by the 2005 Nevada Legislatwe. .The proposed amendment ,will update Ule lnspectlon and Marntenance (IIM) provlsrons of the NAC and bnng them rnto alrgnment wrth the Nevada Revised Statutes. Reaulation 1 throuah 6 referenced in this notice will not have an immediate or lona-term adverse effect on businesses or the

-public. There dl1 be no additionalcost to the agency for enforcement of these pyoposed regulations and the regulations do not overlao or duvliate any rwulations of other state, federal. or local agencies. The amended requlations are no more stringent than what is established-by federal law and they will not increase fees (7) Regulation ROM: Regulation of Marina 

### Storage Tanks, ado lion of International Fire Code, revised procedures for petroleum contaminate soil, and monitoring of MTB~! and other contaminants: This regt@ion amends NAC 459.9921 to 459.999 by establishing certain requirements for leak detection, prevention, and operatron of above ground marina storage, tank systems. It adopts by reference the International Fire Code (IFC 2003) for the construction. desiqn, and locatlon of marina tanks, and it provides for an annual registration fee of $50 for each above ground marina storage tank compartment. The regulation also modifies the handling 

### 07 petroleum

- contaminated soils and it fmurres monitoring for MTBE and any other contaminant in the groundwater as dlrected by the Nevada Division d -mental Prolsction (NDEP). regulation will have an immediate or long

-term adverse effect on the public. The economic im ct to a business Id be substantial, however, if replacement of an existing tank system is requtred. Information receivegorn attendees at workshops held by NDEP indicates that the majority of existing facilities would.not require tank replacement. There will be a marginal cost to the agency for enforcement of the proposed regulation, whtch will be recovered by the annual tank registration fee mentioned above. To a certaln extent, the proposed re ulation does overlap certain existing regulatory re uirements. Specifiially, the International Fire Code 2003 (IFC 2003Q, adopted by the State of Nevada, has requirementsqor the location and placing of above ground petroleum storage tanks but does not re uire advanced systems for leak detection and prevention. The proposed regulation expands on the requirements of 1~~%003 and adds cerlain other re uirements similar to those already existing for aboveground storage tanks. Finally, the annual tank registration fee noted a$ve is proposed to recover costs for implementing the regulations. (8) Regulation R126-05: Public Water System, Water Quality and Treatment of Water: This regulation amends NAG .445Ai4M) throuah 445A.540. The amendment allows Nevada-to ado~t 

### m, federal orirnarv drinkina.water reaulatrons

+ -, * Igtj~q 

### also pfovides c!ite!i? for projects 

### ih+ 

### propose treatmht facilities for &qndwater. 

### Of note. %d$!~&%tes.bW *"latory fur~sdcM I) assure dugn and mnstructrn of nevv.water treatment facilities are 

### w.islpl~W @ Wmary ddri%ng 

## water regulations. The reeingamendments Uefin8ons. 

### see 

### to provide danty, chapge 

### rily 

### frgm Ihe PiVision 

### al Environmental Protecton 

### b the health author~ where health $stricts muld have aufllont#%i 

### prow@ 

## only enfo'Ice&~e 

### (@ delete 

### mn 5tringenl) secondary standarz for Wer quality. 

### -, 

### The 

### eSfMa@ 

## be 9 

## ~Qmio eff&t '01 the proposed regulation on the business community a"d the pubri would 

### dmT& tnBd'ii$@that Wrmsemight be'incumed as a resdt Of exposunto 

### contaminan& In ddnkii~ water,

+The amended regulation aisd provides criteria for projects that propose treatment facilities for groundwater. 

### ,OT note, 

### USEPA requires states kith regulatory jurisdlctii to assure design and construction of new water treatment facdttes are compliant with. primary drinking, water regulations. The remaining amendments add definitions, seek to provide clarity, change authonty fmm the Diwslon of Envuonmental Protectton to the health autho where health districts would have authonty, and provide 0r)IyenforceaMe (and delete more stringent) secondary 

# stands% fdr water qrlallty. '



### ;

.7
.. 

## . . . .The estimated ..beneficdl;eckm@ :en& 

# ,& the..p+ed regi~atidn on the business;-mu'$y 

## *..I& btdic .would 

### .eyed med?l CostsThat WleW mightbe tncurred ,y a result of exposure to con~ml~nts 

### !n dnnkyg water.


## . 

# . . , ,::+ 

### ,,,- -::.i, ..l~* .,.?..>.. :,

. . . 

# . . 

### :.. 

## . . , :.; . : @ 7: :+. IILCIIUW uumnonzea tnspeclron swlons or class 1 fleet statiins. The regulatory change is being prop&ed in r6sponse to Assembly Bill 239 whkh was passed by the 2005 Nevada Legislati 

### The proposed amendment 

### will Update the Inspection and ~aihtehance (WM) provisions of the NAG and bring them Into gignment Wh the Nevada RqiC+$~Stat$eg. Regulation 1 through 6,referenced in this notice will not have an immdiate or 

### I ng-term 

### adverse ,effect on businesses or the public. There will be no addiiional cost to the agency for enforcement ot thes$p regu~ations and 

### the regulations 

## e amended regulawns @re 

### no morg do not oyeriap or duplicate an re ulations 

### of other state. federal. or local agemqS.?!?@ stringent than what is establs&?d%y federal law and they will not Increase fees (7) Regulation 

### R083-05: Regutation of Marina Storage Tanks, 

### ado tion of ~titematiohal

### fire Code ,&Vised 

### prdure6 for ktrdeum contaminate soil. .and monitoring 

### of 

# MTBP and other contamina?~: 

### This ;eguMkm amends 

### NAC 45 

### 9921 to 459.999 by establishing certain requirements for leak detectton, prevention, and operatrorl ah ground manna storage 

### tank systems. 

### II adopa 

## 4 reference the lMmati?nal Fire 

### Code (IFC 

### 2003) for 

# d construction, design, and location of marina tanks and rt rovides for an annual re lstratlon fee of $50 for each above

rQund marina storage tank compartment. The reg;htlon rnod~lies the handling 

# of petroleum-contaminated S?i!s.anti 

### it %quires monitoring for MTBE and any other contaminant in the groundwater as dlrected by the Nevada 

### Dwsm,llf 'Enwronrnental PrMectmn (NDEP).



## . ,> 

# . The regulation will not have an immediate or long-term adverse effect on the public. The 

### economic im ct to a businw coukl be substantia~owever, 

### if replacement of 

### an existin tank system is requlred. Information received%m attendee$*& the wokshops held by NDEP indites that the majo? 

# 09 ex~sting 

## facilities would not rguire tank replacement. Therem be a marginal cost to the a 

### ncy for enforcement of t e proposed regulatton, which will 

### be recovered 

### by the annual 

### tar# rwistration fee mentioned Eve. * 

# .. ki T6 

## e cetthlA sxleht 

## ,the .p dd Ire ulation 

### does bveiiap pertain, existing tegu!atbg 

### r , uiremehts. SpeciTdty, the International Fire cdde 

### *OW?@! 

### 20037. adopted 

# b/ the State of 

### Nevada, 

# hU requlrBments"10r 

## lh lpcation 

## awl Ida6 of



# 1 .wing water from 

### hrvo or ,mcxe.s?irces, or implem6niimtreatment to reduce arsenice.Ievels. 

# . -i 2 

# .'

. *I above pnwnd pettdeumgtotaga ,tanks 

## M War not 

### re$m edvanca systyn.9 

### la Wl.dflec.tton -~d p@veh*on%e prom regulation expands 

### on the requirements 

### of IFC OW 

### and a* cerlan other requ~rqents tmlCio

### those already >$xi$~ng f~r+vegrwnd storage tanks. FLnally, the annual tank regstmtlon fee notbd above,lS5ploposed to [mver casts for implemen!mg 

## pe regulafier)s..; 

# , - , Regulation 

### R126-05: Publii: 

### Water System, Water duality and freatmeni of 

## w&: This regulition amends NAC g5A.450 through 44U.540. The amendment allows Nevada to adopt new federal pnmaty drinking water regulat~bns already in effect under the Safe Drinking Water (SDWA) in the fobowing areas: arsenic.n)le; long term 'I sllqace water treatment rule; lead and copper rule revisions; radronucl~des; f~ler backwash rule; public nottitonrule; and variances and exemptions.

me State of Nevada 

### has. "der 

# & agreement with the US EPAz'm% ?r@rcemet-tt responsibilii (pdmacy) kr lne primary drinking water regulations~mulgated 

### punt@ to the f+e Safe nnbng Water +A. 

### The Slate of Nevada 

### must adoM reaulations as stfinaent as e federal reaulabons to retatn ~nmacv. and must rernaln cunent with new reaulattons nec+sil6led 

### $by. amdments to the Act. Other than adopting'sbch 

### primary drinking water regulatys, there 1s dupllcat~onhr overlsD 

### d these reaulat~ons wlth other state 

### ot aovemment,aaencles. There wll be no addi~onal cost to 

### the 

# 1.

a& for enforcement of the proposed regulation and the regulation does 

### ribt aUdress fees. " L

' 

# 4 i91 Reaulation R129-05: Revises Certification of onerators' of Public ~ater~~vststerns: This reaulation amends NAG 

### *A677 through 445~652.. 

### The amendment 

### &GG chegcs to ~evada's qp.rator ~ertifkati%nl~rogr& to; 

## small Mater svstems. Increased sk~lls and knowledae would 

### be reaulred to ooerate wbla wator svstems for lndivlduals certified 

# d thorough 

### the Operator Certificat~on Program. The,arnedment 

### Is 'needed 

### in lights@ more stringent water qualrty rqulrernents.. Ultimately, the goal of the operator certtftcation program is the protection 

### of 

### publk health. 

# .' 

# I State of Nevada has. under an aareement withus EPA orimaikforcement resms~brl~tv (mimacv) for the onmaw

, ff&nWng water'r&gulations promul ated pursuant.to the federaI'Safe brinking Water Aci. The 

### SiaiI? of ~&ada muit ad+t 

# 4 reQulatlons as str~ngent as the federal re~ulatlons to retaln ~nmaw. and must remain current wth new reaulations 

# 1 n&essi!ated by amendments to the Act. -Other than adopting skh primary drimng water regulations, there is

duplication or overlap of these regulat~ons w~th other state or government ag~ies. 

# &:, regulation would have a beneficial economic effect b);tincreasing 

# he knowledge base of operators of small such increased knowledge of water system operations will result in both immediate and long

-term protection
,: 

### , 3 .c:.;'!':. 

# . .. . ,

. . 

### >

. .,? . ?~ 2,: 

### :.'<..;


## .... ; .>[ '. . . . estimated indirect adverse economic effects 

### d tt-&prbpo&8 ib~sloh~c onfhe srrk~businesses would a ply to public systems that require a Grade Ill or Grade IV Certified Operator. This indirect economic effect would ge from new, r requirement for post
-secondary education requlred to qualify for new.Grade Ill and Grade IV cerlifiiat~ons. There will additional cost to the agency for enforcement of the proposed regulatton and the regulation does not address fees.

.= ~Tditional Information: Persons wishing to comment on the proposed actions of the State Environmental Commission 

# ISEC) may appear,at the scheduled public heanng or may address their comments, data, views, or arguments in written orm to: State Envtrqnmental @mmiss~on. 901 South Stewart Street. Suite 4001, CarsonCi. Nevada. 

### 89701- 5249. The SEC must receive wnnen submlss~ons at least flve days before the scheduled public hearing. if no person who is directly 

# %!fi cted by the proposed actlon appears to request time to make an oral presentation. the SEC may proceed imrned~ately ct upon any written submissions.

. . Tl Members of the public 

### can inspt c~pies of the regulations to 

## P adopted at the State Library and Archives in Carson 

### City 100 Stewart Street), and at t e offices of the Divlslon 

### d Envlronmental .Protection in Carson City and Las Vegas. The arson Ci offlce 1s located at 

### 901 South Stewart Street. Suite 4001 

### and the Las Vegas office is located at 

### In1 E. Flamingo. kite't21'-A. 

# I

public notices have been deposited electronically at major library branches in each county in the text of the proposed regulations are available on the State Environmental Commission's well as on Legislative Counsel Bureau's website at htt~://www.lea.state.nv.us/Reoisterl. 

# Ifi&nbe~ of the public who are disabled and require special accommodations or asststance at the meeting are requested to r~otify, rl writinq, the Nevada State Environmental Commission. in care of John B. Walker. Executive Secretam 901 South 

# I Stewart Street,

-Suite 

### 4001. Carson City, Nevada,

later than 

### 5:00 p.m. 

### on September 

### 27, 2005. facsimile 

### (775) 687- 5856.'or -.. . . calling 

### (775) 

### As r 

### uired 

### by the drovisions 

### of chapters 

### 2338 and 241 of Nevada Revised Statutes, this ublic notice has been posted at the f%owing locations: The Nevada Deparirnent of Wildlife buildin in Reno the Washoe &unly Lib!ry in Reno, the Clark County Public Library 

### and Grant Sawyer Office Building in Las Jegas, ah the Offices of the Div~s~on of Envlronmental

. Protection in Carson Cii and Las Vegas. Copies of this notice and the proposed regulation will also be mailed to members



# . of the public upon request. A reasonable fee may be charged for copies rf it is deemed necessary.

Upon adoption of ?ny regulat~on, the SEC. ~f re~uested to do so by an inlerested person. erlher before adoption or wilhin '30 I days thereafter, will Issue a conclse statement of the princt~al reasons for and aaainst 11s adootlon and lncoroorate therein

## STATE 

# OF NEVADA 

# LEGISLATIVE COUNSEL 

# BUREAU LEGISLATIVE COMMISSION (775) 684
- 6800 BARBARA E. 

### BUCKLEY, Assemblywoman. Chair 

### Lome J. Malkiewich, Director, Secretary LEGISLATIVE BUILDING 

### INTERIM FINANCE COMMITTEE (775) 

### 684
- 6821 401 

### S. CARSON 

### STREET WILLIAM J. RAGGIO, Senator, Chairman Gary L. Ghiggeri, Fiscal Analyst 

### Mark 

### W. Stevens, Fiscal Analyst

LORNE J. MALKIEWICH. Director (775) 684
- 6800 

# October 3 

# 1,2005

Mr. John Walker State Environmental Commission 333 

# West Nye Lane Carson City, Nevada 89706

- 085 1

Re: 

# LCB File No. R096

- 05 Dear Mr. Walker: A regulation adopted by the State Environmental Commission has been filed today with the Secretary of State pursuant to NRS 233B.067. As provided in NRS 233B.070, this regulation becomes effective upon filing. Enclosed are two copies of the regulation bearing the stamp of the Secretary of State which indicates that it has been filed. One copy is for your records and the other is for delivery to the State Library and Archives Administrator pursuant to subsection 5 

# of NRS 233B.070. Very truly yours, Brenda 

# J. Erdoes Legislative Counsel

~ath6ew 

# S. Nichols 

# - Deputy Legislative Counsel MSNIsj Enclosure

### Secretary of 

### State Filing Data 

# ~g

c:: (-- cc:j ;:-A

-I 1



## . ." W 

### :::Y 

# -

-.., 

## . LC: : '. 

# -,
-.
. . <?' 1 - - 

# - 0

. J 0 

### t. 

## : 7,:



# . . . 

## . tn '=3 ..3 "* d 2.) 

### For Filing Administrative Regulations For Emergency Regulations Only

Effective Date Expiration Date

Governor's Signahln



## State Environmental Commission Classification [ ] 

## Proposed [ ] 

## Adopted By Agency [ ] 

## Temporary 

# [I Emergency 

# [ ] 

## Permanent ]


# Brief description of action: This permanent regulation (R096

- 05) is necessary to supplement the February 2005 submittal of Nevada's Applicable State Implementation Plan (ASIP) by the Nevada Division of Environmental Protection to EPA, allowing EPA to approve the updated ASIP. The regulation revises several sections in the permitting provisions of NAC 445B. It adds provisions to ensure good engineering practice regarding stack height and emission limitations, requires " Prevention of Significant Deterioration " review when relocating certain fossil

-fueled power generating units, and updates and clarifies environmental evaluation information requirements. Additionally, the regulation removes Director's discretion for dealing with the handling of organic solvents and other volatile compounds, adds a timeframe for the State's response to requests for technical advise regarding plans for construction or modification of a facility, and increases the time allowed for the State to respond to a request from a source to determine whether an action constitutes construction or modification. Finally, the proposed regulation modifies the requirements for a Class II 

# application for revision of an operating permit, to include information on actual emission rates. Other changes include correcting certain redundant provisions and making several clarifications, technical corrections and updates. Authority citation other than 233B: 

# 5s NRS 4458.21 0 and 445B.300 Notice date: August 30, 2005 Hearing date: October 04, 2005
SEC Regulation #P2005-02 Adopted 

## 10/04/05

## --1-- Adopted Regulation R096-05 

# ADOPTED REGULATION OF THE STATE ENVIRONMENTAL COMMISSION LCB File No. R096-05 Effective October 31, 2005

EXPLANATION – Matter in italics is new; matter in brackets [ omitted material ] is material to be omitted.



# AUTHORITY: §§1-17 and 24, NRS 445B .210; §§18-23, NRS 445B.210 and 445B.300.
A REGULATION relating to air quality; revising provisions governing allowable emissions of regulated air pollutants; revi sing provisions governing the construction or modification of a stationary source or affected facility; revising provisions governing operating permits; revising provisions governing environmental evaluations; and providing other matters properly relating thereto.

Section 1.Chapter 445B of NAC is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this regulation. Sec. 2. 1. “Dispersion technique” means any t echnique that attempts to affect the concentration of a pollutant in the ambient air by: (a) Using that portion of a stack which exceeds good engineering practice stack height; (b) Varying the rate of emission of a pollu tant according to atmospheric conditions or ambient concentrations of that pollutant; or (c) Increasing final exhaust gas plume riseby manipulating source process parameters, exhaust gas parameters or stack parameters, combining exhaust gases from several existing stacks into one stack or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. 2. The term does not include:

## --2-- Adopted Regulation R096-05 

# (a) The reheating of a gas stream, followinguse of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream. (b) The merging of exhaust gas streams where: (1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of “dispersion techniques” applies only to the emission limitation for the pollutant affected by such a change in operation; or (3) Before July 8, 1985, such merging was par t of a change in operation at the facility that included the installation of emissions co ntrol equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence before the merging, an increase in the quantity of pollutants actually emitted before the merging, the Direct or shall presume that merging was significantly motivated by an in tent to gain emissions credit for greater dispersion. Absent a demonstration by the so urce owner or operator that merging was not significantly motivated by such an intent, the Dir ector shall deny credit for the effects of such merging in calculating the allowable emissions for the source. (c) Smoke management in agricultural or silvicultural prescribed burning programs. (d) Episodic restrictions on resi dential woodburning and open burning.

## --3-- Adopted Regulation R096-05 

# (e) Techniques under paragraph (c) of subs ection 1 which increase final exhaust gas plume rise where the resulting al lowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. Sec. 3. “Excessive concentration” means, for the purpose of determining good engineering practice stack height: 1. For sources seeking credit for stack height exceeding that established under paragraph (b) of subsection 1 of section 4 of this regu lation, a maximum ground-level concentration due to emissions from a stack due in whole or par t to downwash, wakes and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to 40 C.F.R. § 52.21, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain features wh ich individually is at least 40 percent in excess of the maximum concentration experienced in the absence of such downwash, wakes or eddy effects and greater than a preven tion of significant deterioration increment. The allowable emission rate to be used in making demonstrations pursuant to NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of th is regulation, must be prescribed by the new source performance standard that is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate must be established in consultation with the source owner or operator.

## --4-- Adopted Regulation R096-05 

# 2. For sources seeking credit after Oc tober 11, 1983, for increases in existing stack heights up to the heights established under paragr aph (b) of subsection 1 of section 4 of this regulation, either: (a) A maximum ground-level concentration du e in whole or part to downwash, wakes or eddy effects as provided in subsection 1, except that the emission rate specified by any applicable state limit or, in the abs ence of such a limit, the actual emission rate, must be used;

or (b) The actual presence of a local nuisance ca used by the existing stack, as determined by the Director. 3. For sources seeking credit after January 12, 1979, for a stack height determined under paragraph (b) of subsection 1 of section 4 of this regulation, where the Director requires the use of a field study or fluid model to verify good engineering pr actice stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in paragraph (b) of subsection 1 of section 4 of this regulation, a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40 percent in excess of the maximum concentrat ion experienced in the absence of such downwash, wakes or eddy effects. Sec. 4. 1. “Good engineering practice stack height ” means the stack height that is the greater of: (a) Two hundred thirteen feet, measured from the ground-level elevatio n at the base of the stack;

## --5-- Adopted Regulation R096-05 

# (b) A height determined as follows: (1) For stacks that commenced construction on or before January 12, 1979, and for which the owner or operator had obtained all applicable permits or approvals required pursuant to 40 C.F.R. Parts 51 and 52 and NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, the height determined by use of the equation H g

# = 2.5H, so long as the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; and (2) For all other stacks, the height determined by use of the equation H g

# = H + 1.5L,

¬

except that the Director may require the use of a field study or fluid model to verify good engineering practice stack height for the source; or (c) The height demonstrated by a fluid model or a field study approved by the Director, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes or eddy effects created by the source itself, nearby structures ornearby terrain features. 2. For the purposes of this section:
H g

# = good engineering practice stack height, meas ured from the ground-level elevation at the base of the stack; H = height of nearby structures measured from the ground-level elevation at the base of the stack; and L = lesser dimension, height or projected width, of nearby structures. Sec. 5. “Nearby” means, as used in sections 3 and 4 of this regulation, with respect to a specific structure or terrain feature:

## --6-- Adopted Regulation R096-05 

# 1. For the purpose of using the equations set forth in paragraph (b) of subsection 1 of section 4 of this regulation, thatdistance up to five times the lesser of the height or the width dimension of a structure, but not greater than one-half mile; and 2. For the purpose of conducting demonstrations under paragraph (c) of subsection 1 of section 4 of this regulation, no t greater than one-half mile, except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height of the feature, not to exceed 2 miles if the feature achieves a height one-half mile from the stack that is at least 40 per cent of the good engineering practice stack height determined by using the equation set forth in subparagraph (2) of paragraph (b) of subsection 1 of section 4 of this regulation or 85 feet, whichever is greater, as measured from the groundlevel elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level el evation at the base of the stack. Sec. 6. NAC 445B.001 is hereby amended to read as follows: 445B.001 As used in NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, unless the context otherwise requires, the words and terms defined in NAC 445B.002 to 445B.211, inclusive, and sections 2 to 5, inclusive, of this regulation have the meanings ascribed to them in those sections. Sec. 7. NAC 445B.013 is hereby amended to read as follows: 445B.013 “Allowable emissions” means the emi ssions from a stationary source at its designed maximum capacity or at its actual maximum capacity, whichever is greater, except as reduced by any federally enforceable limitationson its emissions which are established: 1. By Nevada laws or regulations; 2. By any applicable requirement; or

## --7-- Adopted Regulation R096-05 

# 3. By conditions of the stationary source’s operating permit, imposed on the emission rate, the type or amount of materials combusted or processed, the operating rates, the hours of operation, or any other factor limiting production or emission, whichever is most stringent. [ ¬ For Class II sources that are not subject to federal requirements, emission limitations need not be federally enforceable. ] Sec. 8. NAC 445B.044 is hereby amended to read as follows: 445B.044 “Construction” meansany physical change or change in the method of operation of an emission unit, includ ing, without limitation, the fabrication, erection, [ or] installation or modification of an emission unit. Sec. 9. NAC 445B.063 is hereby amended to read as follows: 445B.063 “Excess emissions” means any emission which exceeds any applicable emission limitation prescribed by NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, or that is contained in an operating permit. The averaging time and test procedures for determining excess emissions must be as specified in the relevant condition or conditions of the operating permit [

. ] , except that this does not preclude the use, including the exclusive use, of any credible evidence or information relevant to the determination of whether a source would have been in compliance with th e applicable requirements if the appropriate performance or compliance test or procedure had been performed to determine excess emissions. Sec. 10. NAC 445B.153 is hereby amended to read as follows: 445B.153 “Regulated air pollutant” means: 1. Nitrogen oxides or any volatile organic compounds; 2. Any pollutant subject to:

## --8-- Adopted Regulation R096-05 

# (a) A national ambient air quality standard [ ; ] and any constituents or precursors for such pollutants identified by the Administrator; (b) A standard or requirement adopted pursuant to 42 U.S.C. § 7411 ; or [ 7412; or] (c) A standard established pursuant to NAC 445B.22097; [ or] 3. Any Class I or Class II s ubstance subject to a standard adopted pursuant to 42 U.S.C. §§ 7671 to 7671q, inclusive [

. ] ; or 4. Any pollutant that otherwise is subject to regulation under the Act, except that any hazardous air pollutant regulated under 42 U. S.C. § 7412 is not a regulated air pollutant unless the hazardous air pollutant is also regu lated as a constituent or precursor of an air pollutant listed pursuant to 42 U.S.C. § 7408. Sec. 11. NAC 445B.22057 is hereby amended to read as follows: 445B.22057 The allowable emission of sulfur from fossil fuel-fired power generating units [Number] Numbers 1, 2 and 3 of Nevada Power Company’s Reid Gardner Station, located in Air Quality Control Region 13, Basin 218, California Wash, must not be greater than 0.275 pounds per million Btu’s (0.504 (0.495 kilograms per million kg-cal). Sec. 12. NAC 445B.2206 is hereby amended to read as follows: 445B.2206 The allowable emission of sulfur from fossil fuel-firedpower generating unit Number 4 of Nevada Power Company’s Reid Gardner Station, located in Air Quality Control Region 13, Basin 218, California Wash, must not be greater than 0.145 [ lb/10 Btu (0.09kg/10 ] pounds per million Btu’s (0.261 kilograms per million kg-cal). The efficiency of the capture of sulfur must be maintained at a minimum of 85 percent, based on a 30-day rolling average. Sec. 13. NAC 445B.22063 is hereby amended to read as follows:

## --9-- Adopted Regulation R096-05 

# 445B.22063 The allowable emission of sulfur from fossil fuel-fired power generating unit Number 2 Sierra Pacific Power Company’s North Valmy Station, lo cated in Air Quality Control Region 147, Basin 64, Clovers Area, must not be greater than 0.3 [ lb/10 6

# Btu (0.135 kg/10 6 

# ] pounds per million Btu’s (0.540 kilograms per million kg-cal). The efficiency of the capture of sulfur must be maintained at a minimum of 70 percent, based on a 30-day rolling average. Sec. 14. NAC 445B.22083 is hereby amended to read as follows: 445B.22083 1. Except as otherwise provided in subsections 2 and 3, a person shall not make a major modification to an existing plant or construct a new plant togenerate electricity using steam produced by the burning of fossil fuels within: (a) The Las Vegas Valley, Hydrographic Area 212; (b) The El Dorado Valley, Hydrographic Area 167; (c) The Ivanpah Valley, Hydrographic Areas 164 a and 164 b; or (d) The city limits of Boulder City. 2. Fossil fuel-fired power generating units Numbers 1, 2 and 3 at Clark Station and fossil fuel-fired power generating unit Number 1 at Sunrise Station may be relocated to the Ivanpah Valley and [retain their operating permits if the emission units that are relocated use the best available control technology. ] must comply with the provisions of NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation. 3. If an emission unit is relocated to Ivanpah Valley: (a) The previously used emission unit must be deactivated and removed from the previous site when the relocated unit begins operation. (b) Any credit for reduced emission is not available as an offset credit.

## --10-- Adopted Regulation R096-05 

# 4. As used in this section, “major modification” has the meaning ascribed to it in 40 C.F.R. § 51.165, as [ incorporated] adopted by reference in NAC 445B.221. Sec. 15. NAC 445B.22093 is hereby amended to read as follows: 445B.22093 1. Solvents or other volatile compounds such as paints, acids, alkalies, pesticides, fertilizers and manure must be proce ssed, stored, used and transported in such a manner and by such means as to minimize the tendency to evaporate, leak, escape or be otherwise discharged into the ambient air causingor contributing to air pollution. If methods of control are available and feasible effectively toreduce the contribution to air pollution from evaporation, leakage or discharge, as determined by the Director, the installation and use of such methods, devices or equipment for control is mandatory. 2. No person may place, store or hold in any new reservoir, stationary tank or other container with a capacity equal to or greater than 40,000 gallons (150 kiloliters) any gasoline, petroleum distillate, or volatile organic compound having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater under actual storage conditions unless the tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent loss of vapor or gas to the atmosphere or is equipped with one of the following devices properly installed, in good working order, and in operation: (a) A floating roof which consists of a pontoon type or double-deck roof which rests on the surface of the liquid contents and is equipped with a seal to close the space between the roof eave and tank wall or a vapor balloon or a vapor dome designed in accordance with accepted standards of the petroleum industry. This control equipment is not permitted if the gasoline or petroleum distillate has a vapor pressure of 11 lb/square inch absolute (7,734 kg/square meter) or

## --11-- Adopted Regulation R096-05 

# greater under actual conditions. All gauging and sampling devices for tanks must be gastight except when gauging or sampling is taking place. (b) Other equipment proven to be of equal efficiency for preventing discharge of gases and vapors to the atmosphere. 3. Any tank for the storage of any other petroleum or volatile organic compound which is constructed or extensively remodeled on or af ter November 7, 1975, must be equipped with a submerged fill pipe [ or the equivalent, as approved by the Director, ] for the control of emissions. 4. All facilities for dock lo ading of products consisting of petroleum or other volatile organic compounds having a vapor pressure of 1.5 lb/square inch absolute (1,055 kg/square meter) or greater at loading pressure must havefacilities for submerged filling by a submerged fill pipe [ or an acceptable equivalent, ] for the control of emissions. Sec. 16. NAC 445B.235 is hereby amended to read as follows: 445B.235 1. When requested to do so by an ow ner or operator, the Director will make a determination of whether action taken or intended to be taken by the owner or operator constitutes construction, including reconstruction, or modifi cation or the commencement thereof within the meaning of NAC 445B.236. 2. The Director will respond to any request for a determination under subsection 1 within [ 30 ] 60days after receipt of the request. Sec. 17. NAC 445B.236 is hereby amended to read as follows: 445B.236 1. When requested to do so by an ow ner or operator, the Director will review plans for construction or modifi cation to provide technical advi ce to the owner or operator. A separate request must be submitted for each cons truction or modification project. Each request must identify the location of such projects and be accompanied by technical information

## --12-- Adopted Regulation R096-05 

# describing the proposed nature, size, design and method of operation of eachaffected facility involved in the project, including information on any equipment to be used for measurement or control of emissions.
2. The Director shall respond to any request for review of plans under subsection 1 within 60 days after receipt of the request. 3. Neither a request for a review of plans nor advice furnished by the Director in response to such request: (a) Relieves an owner or operator of legal responsibility for compliance with any provision of this section orNAC 445B.235 , [ or this section, ] or of any applicable state or local requirement;

or (b) Prevents the Director from carrying out or enforcing any provision of this section or
NAC 445B.235 , [ or this section, ] or taking any other action authorized by the Act. Sec. 18. NAC 445B.250 is hereby amended to read as follows: 445B.250 Any owner or operator subject to the provisions of NAC [445B.235 to 445B.250, ] 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation shall furnish the Director written notification of: 1. The date that construction [ , ] or reconstruction [ as defined under NAC 445B.247, ] of an affected facility is commenced, postmarked no later than 30 days after such date. This requirement does not apply in the case of mass-produced facilities which are purchased in completed form. 2. The anticipated date of initial start-up of an affected facility, postmarked not more than 60 days [ nor] and not less than 30 days before such date.

## --13-- Adopted Regulation R096-05 

# 3. The actual date of initial start-up of an affected facility, postmarked within 15 days after such date.
4. [ Any physical or operational change to an existing facility which may increase the emission rate of any regulated air pollutant to which a standard applies, unless that change is specifically exempted under an applicable section or in NAC 445B.239 or 445B.242 and the exemption is not denied under those sections. The notice must be postmarked 60 days or as soon as practicable before the change is commencedand must include information describing the precise nature of the change, present and proposed emission control systems, productive capacity of the facility before and after the change , and the expected completion date of the change. The Director may request additional relevant information subsequent to this notice.
5. ] The date upon which demonstration of the continuous monitoring system performance commences in accordance with NAC 445B.256 to445B.267, inclusive. Notification must be postmarked not less than 30 days before such date. Sec. 19. NAC 445B.308 is hereby amended to read as follows:
445B.308 1. [ Before ] In any area designated as attainment or unclassifiable for a regulated air pollutant, beforean operating permit or a revisi on of an operating permit may be issued: (a) For a new or modified stationary source; (b) For a pollution control project; (c) For a plantwide applicability limitation; or (d) To allow a plantwide applicability limitation to expire and not be renewed,

## --14-- Adopted Regulation R096-05 

# ¬ in accordance with NAC 445B.308 to 445B.314, inclusive, the applicant must submit to the Director an environmental evaluation and any other information the Director determines is necessary to make an independent air quality impact assessment. 2. The Director shall not issue an operating permit or a revision of an operating permit for any stationary source if the environmental evaluation submitted by the applicant shows, or if the Director determines, in accordance with the provisi ons of this section, that the stationary source: (a) Will prevent the attainment and maintenance of the state or national ambient air quality standards. For the purposes of this paragraph, only those ambient air quality standards that have been established in NAC 445B.22097 need to be considered in the environmental evaluation. (b) Will cause a violation of the applicable control strategy contained in the approved air quality plan. (c) Will cause a violation of any applicable requirement. (d) Will not comply with subsection [ 3. ] 4.
3. The Director shall not issue an operating perm it or a revision of an operating permit for any stationary source if the Director determines that the degree of emission limitation required for control of an air pollutant under th is section is affected by that amount of the stack height of any source as exceeds good engineering practice stack height, or any other dispersion technique. 4. Except as otherwise provided in subsection [4, ] 5, to be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modification, as those terms are defined in 40 C.F.R. § 51.165, who proposes to construct in an area designated nonattainment for the regulated air pollutant or pollutants for which the stationary source or modification is major must:

## --15-- Adopted Regulation R096-05 

# (a) Comply with the provisions of 40 C.F.R. § 51.165, as [ incorporated] adopted by reference in NAC 445B.221. (b) Adopt as an emission limitation for the stationary source the lowe st achievable emission rate for each nonattainment regulated air pollutant from the stationary source. (c) Demonstrate that all other stationary sources within this State which are owned, operated or controlled by the applicant are in compliance or on a schedule of compliance with NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, and all other applicable requirements and conditions of the permit. (d) Conduct an analysis of any anticipated impact on visibility in any federal Class I area which may be caused by emissions from the stationary source. (e) Conduct an analysis of alternative sites, sizes, processes of production and techniques for environmental control for the proposed stationary source. Except as otherwise provided in this paragraph, the analysis must demonstrate that the benefits of the proposed stationary source significantly outweigh the detrimental environmental and social effects that will result from its location, construction or modifi cation. If the major stationarysource or major modification proposes to locate in an area designated as margin al nonattainment for ozone, the analysis must demonstrate an offset ratio of 1.2 to 1 for vol atile organic compounds and nitrogen oxides. For the purposes of this paragraph, a stationary source which is major for volatile organic compounds or nitrogen oxides shall be deemed ma jor for ozone if the proposed location of the major stationary source or major modification is in an area designated as nonattainment for

ozone. (f) Comply with one of the following:

## --16-- Adopted Regulation R096-05 

# (1) Sufficient offsets in emissions must be obtained by the time the proposed stationary source begins operation to ensure that the total allowable emissions of each nonattainment regulated air pollutant from the exis ting stationary sources in the area, those stationary sources in the area which have received their respective permits and the propos ed stationary source will be sufficiently less than the total emissions from the existing stationary sources and those stationary sources in the area which have received their re spective permits before the proposed stationary source applies for its operating permit or a revision of an operating permit, in order to achieve reasonable further progress; or (2) If the major stationary source or major modification is located ina zone identified by the Administrator as one to be targeted for ec onomic development, the owner or operator must demonstrate that the emission from the stati onary source will not cau se or contribute to emissions levels which exceed the allowance permitted for a regulated air pollutant for the nonattainment area.

¬ For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 40 C.F.R. Part 51, as [ incorporated] adopted by reference in NAC 445 B.221, and be coordinated with the appropriate local agencyfor the control of air pollution. [4. ] 5. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modificati on, as those terms are defined in 40 C.F.R. § 51.165, as adopted by reference in NAC 445B.221, who proposes to construct in an area designated as basic nonattainment for ozone must: (a) Comply with the provisions of 40 C.F.R. § 51.165, as [ incorporated] adopted by reference in NAC 445B.221.

## --17-- Adopted Regulation R096-05 

# (b) Adopt as an emission limitation for the stationary source the be st available control technology for volatile organic compounds and nitrogen oxides from the stationary source. (c) Demonstrate that all other stationary source s within this State thatare owned, operated or controlled by the applicant are in compliance or on a schedule of compliance with NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, and all other applicable requirements and conditions of the permit. (d) Demonstrate an offset ratio of 1 to 1 for volatile organic com pounds and nitrogen oxides. For the purposes of this paragraph, a stationary source that is major for volatile organic compounds or nitrogen oxides shall be deemed ma jor for ozone if the proposed location of the major stationary source or major modification is located in an area designated as basic nonattainment for ozone. (e) Comply with one of the following: (1) Sufficient offsets in emissions must be obtained by the time the proposed stationary source begins operation to ensure that the total allowable emissions of each nonattainment regulated air pollutant from the exis ting stationary sources in the area, those stationary sources in the area that have received their respective permits and the proposed stationary source will be sufficiently less than the total emissions from the existing stationary sources and those stationary sources in the area that received their respectivepermits before the proposed stationary source applies for its operating permit or a revision of an operating permit, in order to achieve reasonable further progress; or (2) If the major stationary source or major modification is located ina zone identified by the Administrator as one to be targeted for ec onomic development, the owner or operator must demonstrate that the emissions from the stationary source will not cau se or contribute to

## --18-- Adopted Regulation R096-05 

# emissions levels which exceed the allowance permitted for a regulated air pollutant for the nonattainment area.

¬ For the purposes of this paragraph, offsets must comply with the provisions of Appendix S of 40 C.F.R. Part 51, as [ incorporated] adopted by reference in NAC 445 B.221, and be coordinated with the appropriate local agencyfor the control of air pollution. [ 5. ] 6. To be issued an operating permit or a revision of an operating permit, the owner or operator of a major stationary source or major modificati on who proposes to construct in any area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the provisions of 40 C.F.R. § 52.21, as [incorporated] adopted by reference in NAC 445B.221. [ 6. ] 7. The Director may impose any reasonabl e conditions on his approval, including conditions requiring the owner or operator of the stationary source to: (a) Conduct monitoring of the quality of the ambient air at the facility site for a reasonable period before the commencement of construction or modification and for any specified period after operation has begun at the stationary source; and (b) Meet standards for emissions that are more stringent than those found in NAC 445B.001 to 445B.3497, inclusive [

. 7. ] , and sections 2 to 5, inclusive, of this regulation. 8. Where a proposed stationary source locatedon contiguous property is constructed or modified in phases which individually are not subject to review as provided in NAC 445B.308 to 445B.314, inclusive, all phases o ccurring since November 7, 1975, must be added together for determining the applicability of those sections.

## --19-- Adopted Regulation R096-05 

# [ 8. ] 9. Approval and issuance of an operating permit or a revision of an operating permit for any stationary source does not aff ect the responsibilities of the owner or owners to comply with any other portion of the control strategy. [ 9. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental evaluation. Within 30 days af ter receipt of a written request for an exemption, the Director shall grant or deny the request and notify the owner or operator in writing of his determination. ] 10. As used in this section: (a) “Lowest achievable emission rate” has the meaning ascribed to it in 40 C.F.R. § 51.165,

as [ incorporated] adopted by reference in NAC 445B.221. (b) “Offset ratio” means the percentage by which a reduction in an emission must exceed the corresponding increase in that emission. (c) “Reasonable further progres s” means the annual incremental reductions in emissions of the relevant regulated air pollutant that are required by 42 U.S. C. §§ 7501 to 7515, inclusive, or are required by the Administrator to ensure attainment of the applicable standard for national ambient air quality by the applicable date. Sec. 20. NAC 445B.310 is hereby amended to read as follows:
445B.310 1. An applicant for an operating permit, a revision to an operating permit or a request for a change of location, which is not subject to the provisionsof 40 C.F.R. § 52.21, as adopted by reference in NAC 445 B.221, must submit with the application an environmental evaluation for: [ 1. ] (a) A new stationary source which emits, or ha s the potential to emit, greater than 25 tons of a regulated air pollutant per year;

## --20-- Adopted Regulation R096-05 

# [ 2. ] (b) A modification to an existing stationarysource that meets the following criteria: [ (a) ] (1) The existing stationary source has the potential to emit greater than 25 tons of a regulated air pollutant per year; and [ (b) ] (2) The proposed modification has the potential to emit greater than 10 tons of a regulated air pollutant per year; [ 3. ] (c) The approval of a pollution control project, the approval of a pl antwide applicability limitation or the approval to allow a plantwide applicability limitation to expire and not be renewed; or [4. ] (d) Upon written notice from the Director, any other source or combination of sources. 2. An owner or operator of a Class II source may request an exemption from the requirement to submit an environmental evaluation with the application. Within 30 days after receipt of a written request for an exemption, th e Director shall grant or deny the request and notify the owner or operator in writing of his determination. If such an exemption is granted, the Director shall perform the environmental evaluation. Sec. 21. NAC 445B.311 is hereby amended to read as follows:
445B.311 Except as otherwise provided in paragraph (c) of subsection 4: 1. An environmental evaluation which is required for a new or modified stationary source pursuant to NAC 445B.308 to 445B.314, inclusive, or as required by the Director must contain a careful and detailed assessment of the environmental aspects of the proposed stationary source and must also contain: (a) The name and address of the applicant; (b) The name, address and location of the stationary source;

## --21-- Adopted Regulation R096-05 

# (c) A description of the propos ed stationary source, including the normal hours of operation of the facility and the general type s of activities to be performed; (d) A map showing the location of the stationary source and the topography of the area, including existing principal street s, roads and highways within 3 miles of the stationary source; (e) A site plan showing the location and height of buildings on the site; [ and] (f) Any additional information or documentation which the Director deems necessary to determine the effect of the stationary source on the quality of the ambient air, including measured data on the quality of the ambient air and meteorological conditions at the proposed site before construction or modification [

. ] ; and (g) A dispersion analysis of each regulated air pollutant. 2. Where approval is sought for stationary sources to be constructed in phases, the information required by subsection 1 must be submitted for each phase of the construction project. 3. An environmental evaluation must also [ contain adequate environmental safeguards to be put into operation by the applicant to providefor the maintenance of acceptable air qualityand must consider: (a) Concentrations in the ambient air before , during and after construction, empirically calculated with recognized methods as approved by the Director. Existing concentrations in the ambient air may be measured with approved methods at approved site locations for not less than 1 year. Estimates must be empirically determined for concentrations in the ambient air immediately adjacent to the facility and at the predicted point of maximum concentration within the surrounding region. (b) Alternate proposals which could be put into effect as conditions of approval.

## --22-- Adopted Regulation R096-05 

# (c) In the narrative portion of the evaluation, other probable environmental effects before, during and after construction

. 4. Diffusion models ] consider good engineering practic e stack height. If the Director considers an analysis of a source based on a good engineering practice stack height that exceeds the height specified in paragraph (a) or (b) of subsection 1 of section 4 of this regulation, the Director shall: (a) Notify the public of th e availability of the demonstrat ion study performed pursuant to paragraph (c) of subsection 1 of section 4 of this regulation; and (b) Provide an opportunity for a public hearing on the demonstratio n study in accordance with the requirements for a Class I operating permit set forth in subsections 7, 9 and 10 of NAC 445B.3395. 4. A dispersion analysis used to determine the location and estimated value of the highest concentration of each regulated air [pollutants must contain: (a) Ass umptions ] pollutant must include: (a) A dispersion model based on the applicable models, bases and other requirements specified in the “Guideline on Air Quality Models,” which is Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, except that the Director may authorize the modification of a model specified in the “Gui deline on Air Quality Models” or the use of a model not included in the “Guideline on Air Quality Models” if the Director determines that the modification or use is appropriate; (b) A narrative report describing: (1) If applicable, assumptions and premises [ ; (b) Evaluation at the most adverse meteorologicalconditions recorded in the last 10 years;

## --23-- Adopted Regulation R096-05 

# (c) Evaluation at the most adverse meteorological conditions recordedin the last year; (d) A description of the geographic area considered in the evaluation; (e) Dispersion equations; (f) The predicted buildup of regulated air pollutants; (g) Location, type and amount of emissions; and (h) Meteorological information. ] used in the analysis, in cluding, without limitation: (I) Model options chosen; (II) Urban versus rural selection; (III) Background concentrations; (IV) Characterization of emission sources as point, area or volume; (V) Emission discharge points; and (VI) Rate of emission from each emission unit; and (2) The geographic area considered in the analysis, including, without limitation, information concerning: (I) The nearest significant terrain features; (II) The receptor grid or grids; and (III) Restrictions on public access to the stationary source; and (c) Valid meteorological information pursuant to the provisions of Appendix W of 40 C.F.R. Part 51, as adopted by reference in NAC 445B.221, which: (1) For sources that are not subject to th e permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221: (I) Is site specific, if the information exists pursuant to subsection 1 of this section or subsection 7 of NAC 445B.308, and which covers a period of not less than 1 year;

## --24-- Adopted Regulation R096-05 

# (II) Has been obtained from an off-sitelocation representative of the proposed site and which covers a period of not less than 1 year; (III) Represents the worst-case mete orological conditions, as approved by the Director for synthetic data; or (IV) Has been obtained over the last 5 years at the nearest National Weather Service site; or (2) For sources that are subject to the permitting requirements of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B. 221, is representative of the source site location and source emissions and which covers a period of not less than 1 year. Sec. 22. NAC 445B.342 is hereby amended to read as follows: 445B.342 1. The owner or operator of a stationary source operating in compliance with an operating permit may make changes which contravene an express term of the operating permit without a revision of the operati ng permit if the changes do not: (a) Constitute modifications pursuant toany provision of 42 U.S.C. §§ 7401 to 7515, inclusive, or constitute a modification asthat term is defined in NAC 445B.099; (b) Violate any provision of NAC 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation, or any other applicable requirement; or (c) Exceed the allowable emissions set forth in the operating permit for any emissions unit. 2. Any conditions of an operating permit that are requirements for monitoring, methods of testing, recordkeeping, reporting or compliance certification may not be changed pursuant to this section.

## --25-- Adopted Regulation R096-05 

# 3. For each change made pursuant to this section, the holder of the operating permit shall provide a written notification to the Director and the Administrator at least 7 days before making the change. This notification must include: (a) A detailed description of the change; (b) The date on which the change will occur; (c) Any change in emissions, as determined in accordance with NAC [445B.239; ] 445B.001 to 445B.3497, inclusive, and sections 2 to 5, inclusive, of this regulation; (d) Any condition of the operating permit which will no longer apply because of the change; and (e) For a change that includes the trading of emissions made pursuant to paragraph (h) of subsection 1 of NAC 445B.3405, a detailed description of how the increase or decrease in emissions, or both, resulting from the change complies with the terms and conditions of the operating permit. 4. The holder of the operating permit, the Director and the Administrator, as appropriate, shall attach a copy of the written notification to his re spective copy of the permit. Sec. 23. NAC 445B.3465 is hereby amended to read as follows: 445B.3465 1. The owner or operator of a stationary source with a Class II operating permit may request, on an application form provi ded by the Director, a revision of the operating permit to allow for a modification to the stationary source. 2. An application for a revision of a Class II operating permit must include: (a) The name and address of the owner or operator of the stationary source; (b) The location of the stationary source; (c) A description of:

## --26-- Adopted Regulation R096-05 

# (1) The existing emission units undergoing the modification and the applicable control systems; and (2) The proposed modification to such emission units; (d) The [ allowable ] emission rates from the existing emission units of each regulated air pollutant to which a standard applies [ , as determined in accordance with NAC 445B.239, ] which exist at the time of the application before the modification and which would exist after the modification takes place; (e) A description of any proposed new emi ssion units and applicable control systems; (f) The potential to emit of the proposed new emission units for each regulated air pollutant to which a standard applies; (g) A description of the procedures and methods used to determine the emission rates; (h) A discussion of all applicable requirement s to which the new or modified operations will be subject; (i) An explanation of any proposed exem ption from any applicable requirement; (j) An environmental evaluation conducted in accordance with NAC 445B.308, 445B.310, 445B.311 and 445B.3135; and (k) Any other information that the Director determines is nece ssary to process the application and issue a Class II operating permit pursuant to [this secti on and] NAC 445B.001 to 445B.3497, inclusive [

. ] , and sections 2 to 5, inclusive, of this regulation. Sec. 24. NAC 445B.010 is hereby repealed.

## --27-- Adopted Regulation R096-05 

# TEXT OF REPEALED SECTION

445B.010 “Air contaminant” defined. (NRS 445B.210) “Air contaminant” has the meaning ascribed to it in NRS 445B.110.

## --28-- Adopted Regulation R096-05 

# NOTICE OF ADOPTION OF PROPOSED REGULATION LCB File No. R096-05 The State Environmental Commission adoptedregulations assigned LCB File No. R096-05 which pertain to chapter 445B of the Nevada Administrative Code on October 4, 2005. Notice date: 8/30/2005 Date of adoption by agency: 10/4/2005 Hearing date: 10/14/2005 Filing date: 10/31/2005

INFORMATIONAL STATEMENT The permanent regulation is necessary to supplement the February 2005 submittal of Nevada's Applicable State Implementation Plan (ASIP) toEPA, allowing EPA to approve the updated ASIP. The regulation revises several sections in the permitting provisions of NAC 445B. It adds provisions to ensure good engineering practice regarding stack height and emission limitations, requires “Prevention of Significant Deterioration” review when relocating certain fossil-fueled power generating units, and updates and clarif ies environmental evaluation information requirements. Additionally, the regulation removes Director's discretion for dealing with the handling of organic solvents and other volatile compounds, adds a timeframe for the State's response to requests for technical advise regarding plans for construction or modifi cation of a facility, and increases the time allowed for the State to respond to a request from a source to determine whether an action constitutes construction or modification. Finally, the proposed regulation mo difies the requirements for a Cl ass II application for revision of an operating permit, to include information on actual emission rates. Other changes include correcting certain redundant provisions and making several clarif ications, technical corrections and updates. 1. A description of how public comment was solicited, a summary of public response, and an explanation of how other interested p ersons may obtain a copy of the summary. The Nevada Division of Environmental Protection (NDEP), Bureaus of Air Pollution Control and Air Quality Planning held workshops on the above referenced regulation at the following locations.

Reno Thursday, May 12, 2005 1:00 pm - 3:00 pm South Valleys Library, Olympic Room 15650A Wedge Parkway Reno, Nevada
Notification of the proposed changes was sent out to all interested parties included on NDEP’s mailing list. Notification was posted at the Nevada Division of Environmental Protection offices in Carson City and Las Vegas, at the State Library in Carson City, and in county or community

## --29-- Adopted Regulation R096-05 

# libraries in Austin, Battle Mountain, Elko, Ely, Fallon, Fernley, Las Vegas, Lovelock, Pahrump, Reno, Wells, and Winnemucca. The proposed regulation was also noticed by the State Environmental Commission (SEC) in the Las Vegas Review Journal (LVRJ) and Reno Gazette Journal (RGJ) newspapers on the following dates (September 05, 19, 26, 2005). The public was subsequently mailed a public notice and meeting agenda for the SEC regulatory hearing, which was held in Reno on October 04, 2005; the SEC mailing list was used for both mailings. At the SEC hearing, there were no public comments received by the Commission during the adoption of the referenced regulation. 2. The number persons who: (a) Attended October 04, 2005 hearing; 18 (b) Testified on this Petition at the hearing: 1 (NDEP Staff) (c) Submitted to the agency written comments: (none) 3. If the regulation was adopted without changing any part of the proposed regulation, a summary of the reasons for adoptingthe regulation without change. The State Environmental Commission adoptedthe regulation on October 4, 2005. Several changes were made to the regulation that werenon-substantive and reflected only technical corrections. 4. The estimated economic effect of the adopted regulation on the business, which it is to regulate, and on the public. No anticipated economic effects will result from adoption of this regulation. 5. The estimated cost to the agency for enforcement of the adopted regulation. There will be no additional costs to the Nevada Division of Environmental Protection for implementing this regulation. 6. A description of any regulations of oth er state or government agencies, which the proposed regulation overlaps or duplicates, and a statement explaining why the duplication or overlapping is necessary. The regulation does not overlap orduplicate any regulations of other state, federal or local agencies. 7. If the regulation includes provisions which are more stringent than a federal regulation, which regulates the same activity, a summary of such provisions. The regulation is no more stringent than what is established by federal law.

## --30-- Adopted Regulation R096-05 

# 8. If the regulation provides a new fee or increas es an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used. This regulation does not address fees changes. 9. If the regulation provides a new fee or increas es an existing fee, the total annual amount the agency expects to collect and the manner in which the money will be used. This regulation does not address fees changes.

## STATE OF 

## NEVADA



# . LEGISLATIVE COUNSEL BUREAU LEGISLATIVE BUILDING 

### LEGISLATIVE COMMISSION 

### (775) 684

-6800 BARBARA E. BUCKLEY. Assemblvwoman. Chair Lorne J, Malkiewich, Direcror, Secretary


## INTERIM 

## FINANLE LUIWNII I 1 oc (1 13) oar-OULI 

### 401 

### S. CARSON STREET WILLIAM I. RAGGIO. Senaror, Chairman 

## CARSON CITY, 

### NEVADA 89701-4747 Fax 

### No.: (775) 684 - 6600

LORNE J. MALIUEWICH, Director PAUL V. 'KNNSEND. Legislative Auditor (775) 684
- 6815 (775) 684 - 6800 DONALD 0. WILLIAMS, Research Director (775) 684
- 6825 BRENDA I. ERDOES, Lpgislarive Counsel (775) 684
- 6830



# Mr. John Walker State Environmental Commission 

# 901 S. Stewart Street, Suite 4001 Carson City, Nevada 89701

- 5249 October 3 1,2005 

# RECEIVED
NIIV 0 

# 2 1.005
+-" 

# iNliiRO?;\dEHTAl

. 

# PROTECTION

Re: LCB File No. R036

- 05
Dear Mr. Walker: A 

# regulation adopted by the State Environmental Commission has been filed today with the Secretary of State pursuant to NRS 233B.067. As provided in NRS 233B.070, this regulation becomes effective upon filing. Enclosed are two copies of the regulation bearing the stamp of the Secretary of State which indicates that it has been filed. One copy is for your records and the other is for 

# delivery to the State Library 

# and Archives Administrator pursuant to subsection 

# 5 of NRS 233B.070. Very truly yours, Brenda 

# J. Erdoes Legislative Counsel



# BYS Ann 

# M. Iverson Senior Deputy Legislative Counsel AMVsj Enclosure

### Secretary 

## of State

, . . 

## .Piling Dattaa - - - . ~ ~ . - . . - . .

121 

### 3 k- 

# - 3- !- 

# 75" G C1: W L'JZcr. 

### 3f

, 

# 5&

7.5% 

## + ...A 

## .- 1 

# c u> 

# sx '2 LL.! 

### $b-- 

## u J I 0 

## c: ;x: CS Lll 

### '.., CzS \.I,! vi


## . . 

## For Piing Administrative Regulations For 

## Emergency Regulations Only

Effective Date Expiration 

## Date

Governor's Signature



# State Environmental Commission Classification [ ] 

## Proposed [ 

## ] 

## Adopted By Agency [ 

# I Temporary [ 

# 1 Emergency [ ] 

## Permanent 

# [ 

# XX ]
Brief description 

## of action: This regulation (R036

- 05) of 

## the Nevada Division of Environmental Protection repeals NAC 445B.22023, " Visible emissions: Coal

- fired steam generating facilities, " contingent upon the requirements of a federal consent decree. The amendment is needed to comply with Nevada's Applicable State Implementation Plan (ASIP), which ensures that the National Ambient Air Quality Standards are attained and maintained. This amended regulation is necessary as 

# part of 

# the ASlp update that was submitted to U.S. EPA in February 2005 with a supplement in June 2005.
Authority citation other than 233B: 

## §§ 

## 445B.210 and 

## 445B.300. Notice date: August 30, 2005 Hearing date: October 04,2005

SEC Regulation P2004 - 28, Adopted 

## by the SEC 

## on 10/04/05.... ... >. .. - 

# ADOPTED REGULATION OF THE STATE ENVIRONMENTAL COMMISSION LCB 

# File No. R036
- 05 

# 9 5 1, 2 and 4 effective April 1,2006, or, under certain circumstances, upon the expiration of 

# an extended deadline for complying with certain emission limitations 9$3 and 5 effective October 3 

# 1,2005

EXPLANATION 

# - Matter in iulics is 

### new; matter in brackets 

## 1-1 is material to 

### be omitted.



# AUTHORITY: §§I-5, 

# NRS 445B.210.

A 

# REGULATION 

# relating to air pollution; prospectively repealing the provisions relating to the control of certain emissions of air pollutants by certain coal

- fired steam generating facilities; and providing other matters properly relating thereto.



# Section 1. 

# NAC 445B.22017 is hereby amended to read as 

# follows:
445B.22017 1. Except 

# as otherwise provided in this section and 

# NAC 445B.2202,

no owner or operator may cause or permit the discharge into the atmosphere from
any emission unit which is of an opacity equal to or greater than 20 percent. Opacity must be determined 

# by one of the following methods: (a) If opacity is determined by a visual measurement, it must be determined as set forth in Reference Method 

# 9 in Appendix A of 

# 40 C.F.R. Part 

# 60. (b) 

# If a 

# source uses a continuous monitoring system for the measurement 

# of opacity, the data
must be reduced to 6

- minute averages as set forth in 40 

# C.F.R. 

# 5 60.130.



# -- 1 

# -- Adopted Regulation R036
- 05

### SECOND 

### PARALLEL SECTION . 

# 2. The provisions of this section and NAC 445B.2202 

# #1ad4S?.22w do not apply to that part of the opacity that consists of uncombined water. The burden of proof to establish the application of this exemption is upon the person seeking to come within the exemption.
3. 

# If the provisions of 40 C.F.R. Part 60, Subpart 

# D or Da apply to an emission unit, the emission unit must be allowed one 6

- minute period per hour of not more than 27 percent opacity

as set forth in 40 C.F.R. 

# 9 60.42(a)(2) and 40 C.F.R. 

# 8 60.42a(b). 4. The continuous monitoring system for monitoring opacity at a facility must be operated and maintained by the owner or operator specified in the permit for the facility in accordance with NAC 445B.256 to 445B.267, inclusive. Sec. 

# 2. NAC 445B.2202 is hereby amended to read 

# as follows: 445B.2202 Theprovisions of 

# NAC 445B.220 17 do not apply to: 1. 

# Smoke from 

# the open burning described in NAC 445B.22067; 2. Smoke discharged in the course of training air pollution control inspectors to observe visible emissions, if the facility has written approval of the Commission;
3. 

# Emissions from an incinerator as set forth in NAC 445B.2207; or 4. 

# Emissions of 

# stationary diesel

- powered engines during warm-up for not longer than 15 minutes to achieve operating temperatures. Sec. 3. 

# Sections 1 to 4, 

# inclusive, of LCB File No. T003-05 are hereby repealed. 

# Sec. 4. NAC 445B.22023 is hereby repealed.
Sec. 

# 5. 1. This section and section 3 of this regulation become effective on the date on which the regulation is filed by the Legislative Counsel with the Secretary of State.
2. Sections 1,2 and 4 of this regulation become effective:

--L-- 

## Adopted Regulation 

## R036- 05~. -..- ~ - - 

# (a) On April 1,2006; (b) Upon the expiration of an extended deadline for complying with the emission limitations
in the consent decree set forth in 

# Grand Canyon Trust, Inc. 

# v. Southern California Edison Co., No. CV-S-98

- 00305-LDG 

# (RJJ) (D. Nev. filed Dec. 17, 1999) if the extended deadline is: 

# (I) Either provided pursuant to the consent decree or provided in a judicial amendment of the consent decree; and (2) Set for a date that is later than April 1,2006; or (c) Upon the date on which this regulation is filed 

# by the Legislative Counsel with the Secretary of State, @whicheveroccurs later. As soon as practicable after sections 1,2 and 4 of this regulation become effective, the Chairman of the State Environmental Commission will publish a notice indicating that those sections have become effective and will file a copy of the notice with the Legislative Counsel and the Secretary of State.



# TEXT OF 

# REPEALED SECTION

445B.22023 Visible emissions: Coal

- fired steam generating facilities. 

# (NRS 445B.210)
1. The provisions of this section and 

# NAC 445B.22017 and 445B.2202 apply to any coalfired steam generating facility used to produce electricity with an equipment manufacturer's

--3-- 

## Adopted Regulation 

## R036 - 05

# guarantee or demonstrated capability of more than 7,936 

# x 106 

# Btu (2,000 x 106 kg

- cal) per hour
of heat input which existed before 1972. 2. Each coal

- fired steam generating unit at a facility must not discharge any particulate matter which exceeds an average opacity of 30 percent for any 6

- minute period contained in any hour as measured in the emissions stack of the facility in the manner described in subsection 3. 

# 3. The opacity of the particulate matter must be averaged over each 6

- minute period and recorded 10 times per hour. The initial 6

- minute period for each hour must begin on the hour. The average opacity for each 6

- minute period must be recorded after the expiration of that period. 4. During the interim compliance period specified in 40 C.F.R. 

# 9 52.1488(d), each coal

- fired
steam generating unit at a facility must comply with the opacity provisions of 40 C.F.R. 

# 5 52.1488(d).

--4-- 

## Adopted Regulation 

## R036-05