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 

STATE ENVIRONMENTAL COMMISSION 

901 South Stewart Street, Suite 4001 

Carson City, Nevada 89701-5249 

Telephone (775) 687-9308 

Fax (775) 687-5856 

www.sec.nv.gov

ALLEN BIAGGI 

Director

CHAIRMAN: 

Melvin D. Close 

Las Vegas, NV 

VICE CHAIRMAN: 

Alan Coyner 

Administrator 

Division of Minerals 

Commission on Mineral 

Resources 

MEMBERS 

Pete Anderson 

State Forester 

Division of Forestry 

Terry Crawforth 

Director Department of 

Wildlife 

Lew Dodgion 

Carson City, NV

Don Henderson 

Director Department of 

Agriculture 

Ira Rackley

Las Vegas, NV 

Hugh Ricci 

State Engineer

Division of Water Resources 

Harry Shull 

Las Vegas, NV

Frances Sponer

State Board of Health

Las Vegas, Nevada 

Stephanne Zimmerman 

Las Vegas, NV

COUNSEL 

David Newton 

STAFF 

Nan Paulson

Recording Secretary

John B. Walker

Executive Secretary 

 Meeting Agenda 

 October 04, 2005 

 

The State Environmental Commission (SEC) will hold a public hearing at 

10:00 a.m. on Tuesday October 4th at the Nevada Department of Wildlife's 

Conference Room A, 1100 Valley 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 Environmental Protection in 

Carson City and Las Vegas. The Public Notice for this hearing was 

published on September 05, 19 and 26 in the Las Vegas Review Journal 

and Reno Gazette Journal newspapers. 

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. 

I. Acknowledgement of newly appointed Commissioner 

II. Approval of minutes from the June 10 hearing * ACTION 

III. Settlement Agreements on Air Quality Violations *ACTION by

Consent Calendar 

A. Bald Mountain Mine – Violation #1963 

B. Caithness Dixie Valley, LLC – Violations #1956-1960 

C. Harvey’s Resort Hotel/Casino – Violation #1961

D. H.E. Hunewill Construction – Violation #1962 

E. Southern California Edison Mohave – Violations #1952-1955

IV. Regulatory Petitions * ACTION 

(1) Regulation R097-05: Mining Reclamation Permit Modification and Fee 

Adjustments 

(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 Requirements 

 

This document is for electronic distribution
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 consideration of others, who may 

also wish to provide public comment, please avoid repetition and limit 

your comments to no more than five (5) minutes. 

Meeting Information: Copies of the proposed regulations may be obtained 

by calling the Executive Secretary, John Walker at (775) 687-9308. The 

public notice and the text of the proposed regulations are also available on 

the State Environmental Commission website at: sec.nv.gov and 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 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 

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 4th 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 is established 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 amendments 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 regulations 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 submittal 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 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. 

This regulation does not have an immediate or long-term 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 Session. 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 adverse 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 above 

ground 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 not have an immediate or long-term adverse effect on the public. The economic 

impact to a business could be substantial, however, if replacement of an existing 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 overlap 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 and 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 water systems such as mobile home parks. The 

impact borne by any particular water system will 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 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. 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 small water systems. Increased skills and knowledge 

would be required to operate public water systems 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 economic 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’s website 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 

r ,-cp ,; 9 ,?.''955 Kuenzli St. P.O.Box 22000 RENO, NV 89520 PHONE: (775) 788-6200 fi,? u. ... ! O. Legal Advertising Office (775) 788-6394 

. NV EPA 

. John B. Walker 

. 901 S. Stewart St #4001 

Carson city, Nv 89701-5249 

STATE OF NEVADA 

COUNTY OF WASHOE 

ss:Julia Ketcham 

Being first duly sworn, deposes and says: 

That as the legal clerk of the RENO 

GAZETTE-JOURNAL, a daily newspaper 

published in Reno, Washoe County, 

State of Nevada, that the notice: 

of hearing for adoption of Regulations 

has published in each regular and entire 

issue of said newspaper on the following 

dates to wit: 

Sept. 5, 19, 26, 2005 

- 1 .- /?' 

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Notary Public 

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Ndarf Public . Slate of Nevada 

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Customer Account # 

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State E~vironrnental Comrniuin - Notice of 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 mating fadlilies,' 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 technical advise regarding plans C construction or nmdification of a facility, and increases the time albed 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 

corrections and 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 fa smiting motor vc 

hicle fuel injection systems by facilities lii asauthorid 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 busim a 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 

~tnrave tank 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 remed by 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 revisions; 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 regulation and the regulation doer. 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 required 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, tkgoal of theoperator certificatron program is the potection of public kalth. 

The Slate of Nevada has. under an agreement with US EP4 primary enforcement responsibility (primacy) 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 regulation dm 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 arguments 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 additional cost 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 reeing amendments 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 Wrmse might 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 do not oyeriap or duplicate an re ulations of other state. federal. or local agemqS.?!?@ e amended regulawns @re no morg 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 implem6niim treatment 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~rqentstmlCio 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 nottiton rule; 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 

I SEC) 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. I fi&nbe~ ofthe 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 ofEnvlronmental . 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; revising 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 technique 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 pollutant according to atmospheric conditions or 

ambient concentrations of that pollutant; or 

 (c) Increasing final exhaust gas plume rise by 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, following use 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 part of a change in operation at the facility 

that included the installation of emissions control 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 Director shall presume that 

merging was significantly motivated by an intent to gain emissions credit for greater 

dispersion. Absent a demonstration by the source owner or operator that merging was not 

significantly motivated by such an intent, the Director 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 residential woodburning and open burning. 
--3-- 

Adopted Regulation R096-05 

 (e) Techniques under paragraph (c) of subsection 1 which increase final exhaust gas 

plume rise where the resulting allowable 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 regulation, a maximum ground-level concentration due 

to emissions from a stack due in whole or part 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 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 greater than a prevention 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 this 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 October 11, 1983, for increases in existing stack 

heights up to the heights established under paragraph (b) of subsection 1 of section 4 of this 

regulation, either: 

 (a) A maximum ground-level concentration due 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 absence of such a limit, the actual emission rate, must be used; 

or 

 (b) The actual presence of a local nuisance caused 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 practice 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 concentration 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 elevation 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 Hg = 

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 Hg = 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 or nearby terrain features. 

 2. For the purposes of this section: 

 Hg = good engineering practice stack height, measured 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, that distance 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, not 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 percent 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 elevation 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 emissions 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 limitations on 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” means any physical change or change in the method of 

operation of an emission unit, including, 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 the 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: 
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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 substance 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 regulated 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-fired power 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 (0.09 kg/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, located in Air Quality Control 

Region 147, Basin 64, Clovers Area, must not be greater than 0.3 [lb/106 Btu (0.135 kg/106]

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 to generate 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 processed, 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 causing or contributing to air pollution. If methods of 

control are available and feasible effectively to reduce 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 after 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 loading 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 have facilities 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 owner 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 modification 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] 60 days 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 owner or operator, the Director will review 

plans for construction or modification to provide technical advice to the owner or operator. A 

separate request must be submitted for each construction 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 each affected 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 or NAC 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 commenced and 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 to 445B.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, before an operating permit or a revision 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 provisions 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 permit 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 this 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 lowest 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 modification. If the major stationary source or major modification 

proposes to locate in an area designated as marginal nonattainment for ozone, the analysis must 

demonstrate an offset ratio of 1.2 to 1 for volatile 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 major 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 existing stationary sources in the area, those stationary sources in 

the area which 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 which have received their respective 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 in a zone identified by 

the Administrator as one to be targeted for economic development, the owner or operator must 

demonstrate that the emission from the stationary source will not cause 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 445B.221, and be coordinated 

with the appropriate local agency for 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 modification, 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 best available control 

technology for volatile organic compounds and nitrogen oxides from the stationary source. 

 (c) Demonstrate that all other stationary sources within this State that 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) Demonstrate an offset ratio of 1 to 1 for volatile organic compounds 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 major 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 existing 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 respective 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 in a zone identified by 

the Administrator as one to be targeted for economic development, the owner or operator must 

demonstrate that the emissions from the stationary source will not cause 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 445B.221, and be coordinated 

with the appropriate local agency for 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 modification 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 reasonable 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 located on 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 occurring 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 affect 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 after 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 progress” 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 provisions of 40 C.F.R. § 52.21, as 

adopted by reference in NAC 445B.221, must submit with the application an environmental 

evaluation for: 

[1.] (a) A new stationary source which emits, or has 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 stationary source 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 plantwide 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, the 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 proposed stationary source, including the normal hours of operation 

of the facility and the general types of activities to be performed; 

 (d) A map showing the location of the stationary source and the topography of the area, 

including existing principal streets, 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 provide for the maintenance of acceptable air quality and 

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 practice 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 the availability of the demonstration 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 demonstration 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) Assumptions] 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 “Guideline 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 meteorological conditions recorded in the last 10 years;
--23-- 

Adopted Regulation R096-05 

(c) Evaluation at the most adverse meteorological conditions recorded in 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, including, 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 the 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-site location representative of the proposed site 

and which covers a period of not less than 1 year; 

 (III) Represents the worst-case meteorological 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 operating permit if the changes do not: 

 (a) Constitute modifications pursuant to any provision of 42 U.S.C. §§ 7401 to 7515, 

inclusive, or constitute a modification as that 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 respective 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 provided 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 emission 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 requirements to which the new or modified operations will 

be subject; 

 (i) An explanation of any proposed exemption 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 necessary to process the application 

and issue a Class II operating permit pursuant to [this section 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 adopted regulations 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) 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. 

1. A description of how public comment was solicited, a summary of public response, and 

an explanation of how other interested persons 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 adopting the regulation without change. 

The State Environmental Commission adopted the regulation on October 4, 2005. Several 

changes were made to the regulation that were non-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 other 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 or duplicate 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 increases 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 increases 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 

BY

Counsel 

Ann M. Iverson 

Senior Deputy Legislative Counsel 

AMVsj 

Enclosure 
Secretary of State , . . .Piling Dattaa - - - . ~ ~ . - . . - . . 

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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, 

@whichever occurs 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