State Implementation Plan Revision to Meet the 

Sulfur Dioxide Infrastructure SIP Requirements of 

the Clean Air Act Section 110(a)(2). 

Clark County, Nevada 

May 2013 

Clark County Department of Air Quality 

4701 W Russell Road, Suite 200 

Las Vegas, NV 89118 
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ACRONYMS AND ABBREVIATIONS 

Acronyms 

AERR Air Emissions Reporting Requirements 

AQR Clark County Air Quality Regulations 

BCC Clark County Board of County Commissioners 

CAA Clean Air Act 

CFR Code of Federal Regulations 

DAQ Clark County Department of Air Quality 

EPA U.S. Environmental Protection Agency 

FR Federal Register 

GHG Green House Gasses 

I-SIP Infrastructure State Implementation Plan 

NAAQS National Ambient Air Quality Standards 

NAC Nevada Administrative Code 

NDEP Nevada Division of Environmental Protection 

NESHAP National Emission Standards for Hazardous Air Pollutants 

NRS Nevada Revised Statutes 

NSPS New Source Performance Standards 

NSR New Source Review 

SNRPC Southern Nevada Regional Planning Coalition 

PSD Prevention of Significant Deterioration 

QA Quality Assurance 

QC Quality Control 

SIP State Implementation Plan 

TAC Technical Advisory Committee 

RTC Regional Transportation Commission 

USC United States Code 

Abbreviations 

SO2 Sulfur Dioxide 

ppb Parts per billion 

μg/m3

 Micrograms per cubic meter 
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Introduction and Background 

Sections 110(a)(1) and (2) of the federal Clean Air Act (CAA), 42 U.S.C. § 7410(a)(1) and (2) hereafter 

referred to as the “Infrastructure” State Implementation Plan (I-SIP) requirements, requires states and 

delegated local agencies to submit an implementation plan to the U. S. Environmental Protection Agency 

(EPA) demonstrating their ability and authority to implement, maintain, and enforce each National Ambient 

Air Quality Standard (NAAQS). 

Section 110(a)(1) addresses the submittal requirements for I-SIPs which are due to EPA not later than 3 years 

after promulgation of a new or revised NAAQS. An I-SIP needs to be submitted regardless of whether or not 

a jurisdiction has any nonattainment areas. 

This SIP revision submittal addresses Clark County’s authority to implement, maintain and enforce the 2010 

Sulfur Dioxide (SO2) NAAQS within the County’s jurisdiction. 

Section 110(a)(2) lists the required elements that cover the I-SIP. These elements include: enforceable 

emission limitations, air quality modeling, enforcement programs, ambient air monitoring programs, and 

confirmation of adequate personnel, resources and legal authorities. The following elements are addressed 

in this I-SIP: 

 Enforceable Emission Limitations and Other Control Measures (110(a)(2)(A)) 

 Air Quality Monitoring, Compilation, Data Analysis, and Reporting (110(a)(2)(B)) 

 Enforcement and Stationary Source Permitting (110(a)(2)(C)) 

 Resources, Conflict of Interest, and Emergency Backstop (110(a)(2)(E)) 

 Stationary Source Emissions Monitoring and Reporting (110(a)(2)(F)) 

 Emergency Powers and Contingency Plans (110(a)(2)(G)) 

 Revision For Revised Air Quality Standards or New Attainment Methods (110(a)(2)(H)) 

 Consultation and Public Notification (110(a)(2)(J)) 

 Air Quality Modeling and Reporting (110(a)(2)(K)) 

 Major Stationary Source Permitting Fees (110(a)(2)(L)) 

 Consultation with Local Entities (110(a)(2)(M)) 

In accordance with the EPA guidance memo1

 dated October 17, 2011, two elements identified in Section 

110(a)(2) are not governed by the 3-year submission deadline of Section 110(a)(1). The elements pertain to 

part D, in Title I of the CAA, which addresses plan requirements for nonattainment areas. Therefore, the 

following Section 110(a)(2) elements are considered by EPA to be outside the scope of infrastructure SIP 

actions: 

(1) Section 110(a)(2)(C) to the extent it refers to permit programs (known as "nonattainment new source 

review") under part D; and 

(2) Section 110(a)(2)(I) in its entirety. 

 

1 Guidance on Infrastructure State Implementation Plan (SIP) Elements Required Under Section 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) 

National Ambient Air Quality Standards (NAAQS), October 17, 2011
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Section 110(a)(2)(D)(i)(I) is also outside the scope of infrastructure SIP actions. This section is exempt from 

the I-SIP due to the recent CSAPR2 decision

 

2

 Memorandum from Gina McCarthy, November 19, 2012 
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CAA 110(a)(2)(A)-(M) Requirements for the Clark County Infrastructure State Implementation P

Element 

(A) 

Emission limits and other control measures: Requires State Implementation Plans (SIP) to include enforceable emission limits and other contor techniques, and schedules for compliance. 

The Clark County Board of County Commissioners (BCC), in accordance with NRS Chapter 445B, has adoptAir Quality Regulations (AQR) and has delegated enforcement authority to the Department of Air Quality (DAwithin Clark County are required to comply with all existing rules and regulations through federally enforceable plan regulations3. Clark County has a SIP Approved PSD program and most of the AQRs are SIP approved. Several AQR update

by the BCC and submitted to EPA for incorporation in the SIP (submittal dates in parentheses). A complete ind

approved and local-only) is included in Attachment B. The following is a list of rules that have been revised and submitted for incorporation into the SIP: 

 Section 0 - Definitions (revised as part of the Section 12.1 rulemaking and the Section 12.2 et al rulemaki Section 12.0 - Applicability, General Requirements, Transition Procedures (adopted 11-09, submitted 02- Section 12.1 - Permit Requirements for Minor Sources (adopted 11-09, submitted 02-10);  Section 12.2 - Permit Requirements for Major Sources in Attainment Areas (PSD) (adopted 05-10, submi Section 12.3 - Permit Requirements for Major Sources in Nonattainment Areas (adopted 05-10, submitted  Section 12.4 - Authority to Construct Application and Permit Requirements for Part 70 Sources (adopted 

10); 

 Section 12.11 - General Permits for Minor Stationary Sources (adopted 11-09, submitted 02-10);  Section 25 - Affirmative Defense For Excess Emissions Due to Malfunctions, etc. (adopted 05-10, submi

Several AQRs such as Section 12.9 – Annual Emissions Inventory Requirement, Section 12.10 – ConRequirements for Stationary Sources, and Section 21 – Acid Rain Permits are local-only rules. Section 0 and Section 12.2 were revised in November, 2010 specifically for the purpose of meeting the GreTailoring Rule requirements, submitted as a SIP revision on January 4, 2011. 

3 Although not a SIP rule, DAQ administers the Part 70 (Title V) permit requirements through the implementation of Section 12.5 – Part 70 Operating 
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Section 9 - Civil Penalties and Section 10 - Compliance Schedules are part of the DAQ enforcement programs. Clark County also enforces Hazardous Air Pollutants (Section 13) rules and New Source Performance Standards 

Section 28 applies to Fuel Burning Equipment, and Section 45 regulates the Idling of Diesel Powered Motor VehClark County will continue to implement the permitting and enforcement programs and enforce control measures requirements in the CAA. Clark County relies on NAC445B.400 – Emissions from Engines to control emissions from vehicles. 
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Element 

(B)

Ambient air quality monitoring/data system: Requires SIPs to provide for establishment and operation of ambient air quality monitors, collectambient air quality data, and to make these data available to EPA upon request. 

Clark County operates an extensive air quality monitoring network, including one SO2 monitor, in accordance 

The quality control (QC) flow rate verifications and quality assurance (QA) flow rate audits meet EPA guidelinthe network. An Annual Network Plan Report is completed and submitted to EPA as required in 40 CFR § 58Monitoring data is submitted to EPA via the Air Quality System; monitoring data is also available on DAQ’s time. 
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Element 

(C)

Program for enforcement of control measures: Requires SIPs to include a program providing for enforcement of all SIP measures and the regulaof new and modified stationary sources as necessary to assure that the NAAQS are achieved, incprogram as required in Parts C and D. 

AQR Section 4 - Control Officer, authorizes the Control Officer to enforce all AQRs including the following sec

 Section 10 - Compliance Schedules;  Section 12.1 - Permit Requirements for Minor Sources;  Section 12.2 - Permit Requirements for Major Sources in Attainment Areas;  Section 12.3 - Permit Requirements for Major Sources in Nonattainment Areas;  Section 12.4 - Authority to Construct Application and Permit Requirements for Part 70 Sources;  Section 12.11 - General Permits for Minor Stationary Sources; 

 Section 13 - National Emission Standards for Hazardous Air Pollutants; 

 Section 14 - New Source Performance Standards  Section 25 - Affirmative Defense For Excess Emissions Due to Malfunctions;  Section 26 - Emission of Visible Air Contaminants;  Section 27 - Particulate Matter from Process Weight Rate;  Section 28 - Fuel Burning Equipment. 

The annual significant level for SO2 in Section 12.2 is 1.0 μg/m3. 

Section 12.2 was revised in November 2010 to include provisions for GHG, the SIP revision was submitted Janu

Other sections from the AQRs are not part of the SIP; therefore they are local-only rules. They have been adopare enforced by the Control Officer. 
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Element 

(D)

Interstate transport provisions: Requires SIPs to contain adequate provisions prohibiting emissions generated within the state frosignificantly to nonattainment in, or interfering with maintenance by, any other state with respecfrom interfering with measures required to be included in the SIP of any other state to prevent sigdeterioration or to protect visibility. 

Additionally, PSD and NSR review provisions in the subsections of Sections 12.2 - Permit Requirements fAttainment Areas, and 12.3 - Permit Requirements for Major Sources in Nonattainment Areas, of the AQR requvisibility impairment as part of the environmental review. The Maximum Allowable Increases for areas designated as Class I, II or II are defined in Section 12.2.3. 
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Element 

(E)

Adequate resources: Requires SIPs to provide necessary assurances for adequate personnel, funding, and authority unout its SIP, to contain requirements addressing potential conflicts of interest, and to provide necethe state retains responsibility for ensuring adequate implementation of the SIP where the state reregional government for implementation of any SIP provision. 

NRS 445B.500 authorizes Clark County to implement and administer air quality management programs wboundaries of Clark County. These programs are managed through the DAQ, with a current air quality budg$28.7 million, and 97 full-time equivalent staff positions. Primary sources of funding are: 

 Permits and technical services fees collected from regulated emission sources;  Federal grants;  Fund distributions and grants from the Nevada Air Pollution Control Account per NRS 445B.830;  RTC transportation tax revenue, as established by NRS 377A.090; 

 Federal Congestion Mitigation and Air Quality Program (CMAQ) funds. 

NRS 445B.520 gives the State Environmental Commission4 the authority to supersede the county program. 

Clark County Code Chapter 2.42 – Ethical Standards - specifies conflict of interest requirements for Clark Counofficials, including members of the BCC and the Control Officer. These requirements specifically prohibit all from participating in governmental decisions in which they have a financial interest. 

The following provisions of state law address the requirements of CAA Sections 110(a)(2)(E)(ii) and 128: 

 NRS 281A.150 (“‘Public employee’ defined”)  NRS 281A.160 (“‘Public officer’ defined”)  NRS 281A.400 (“General requirements; exceptions”)  NRS 281A.410 (“Limitations on representing or counseling private persons before public agencies; disclo

certain public officers.”) 

 NRS 281A.420 (“Requirements regarding disclosure of conflicts of interest and abstention from voting b

types of conflicts; effect of abstention on quorum and voting requirements; exceptions”). 

4 State Environmental Commission is defined in NRS 445B.200
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Element 

(F)

Stationary source monitoring system: Requires SIPs to establish a system to monitor emissions from stationary sources, to submit perioreports, to correlate the emissions reports with the corresponding SIP emission limits and standaremissions reports available to the public. 

The following AQR Sections provide the authority for the installation and maintenance of sampling and testing femissions of air contaminants, and for data collection: 

 Section 12.1 - Permit Requirements for Minor Sources; 

 Section 12.2 - Permit Requirements for Major Sources in Attainment Areas; 

 Section 12.3 - Permit Requirements for Major Sources in Nonattainment Areas;  Section 12.4 - Authority to Construct Application and Permit Requirements for Part 70 Sources;  Section 12.9 - Annual Emissions Inventory Requirement;  Section 12.10 - Continuous Monitoring Requirements for Stationary Sources;  Section 12.11 - General Permits for Minor Stationary Sources; 

 Section 25 - Affirmative Defense For Excess Emissions Due to Malfunctions. 

Sections 12.9 and 12.10 have not been submitted as SIP rules; they are local-only rules. Section 22 – Acid Rain Continuous Monitoring is a local-only rule. Emissions data is submitted according to the Air Emissions Reporting Requirements (AERR). Emissions data ipublic, except when the data is deemed confidential in accordance with AQR Section 12.6 and NRS 445B.570. 
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Element 

(G)

Emergency episodes: Requires SIPs to provide for authority to address activities causing imminent and substantial endhealth and to provide for adequate contingency plans to implement such authority. 

In accordance with NRS 445B.500(1)(d), Clark County has the authority to provide by rules and regulations fo

emergency standards and abatement procedures relative to air pollution episodes or emergencies constituting, o

an imminent and substantial danger to people’s health pursuant to NRS 445B.560. Clark County has adopted AQR Section 70 - Emergency Procedures of the AQRs, which addresses emergency pAQR Section 6 - Injunctive Relief, allows Clark County to apply to a court of competent jurisdiction to enforce 

restrain violations of—any provision of the AQRs. 

Element 

(H)

Future SIP revisions: Requires SIPs to provide for SIP revisions in response to changes in the NAAQS, or availability methods for attaining the NAAQS, and in response to an EPA finding that the SIP is substantiall

Clark County must provide a method for revision of SIPs when air quality standards are revised, new attainm

available, or EPA informs states that current SIPs are inadequate for attaining standards or complying w

requirements. AQR Section 2 - Procedures for Adoption and Revision of Regulations and for Inclusion of those ReguImplementation Plan of the Clark County AQR set forth the general procedural requirements for adoption of r

materials to be incorporated in the SIP. These procedures apply to submission of: 

(a) Any revision to the SIP described by 40 C.F.R. § 51.104(a); (b) Any individual compliance schedule under 40 C.F.R. § 51.260; (c) Any other SIP revision submitted to NDEP pursuant to 40 C.F.R. § 51.104(d). 
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Element 

(J) 

CAA § 121

Consultation with government officials, public notification, PSD and visibility protection: Requires states to provide a process for consultation with local governments and Federal Land MNAAQS implementation requirements pursuant to section 121 relating to consultation. 

Clark County will continue including local governments and managers of affected federal lands in its consultatiocarrying out CAA requirements. AQR Section 2 – Procedures for adoption and revision of regulations and for inregulations in the State Implementation Plan outlines the procedures for adoption and revision of regulations. Th

include provisions for notice to the public and governmental entities as well as public hearings before seeking to applicable to Clark County.

Element 

(J) 

CAA § 127

Requires States to notify the public if NAAQS are exceeded in an area and to enhance public awthat can be taken to prevent exceedances. 

AQR Section 70 - Emergency Procedures authorizes the Control Officer to declare an episode, an alert or 

operation of sources of air contaminants are causing or may cause imminent danger to human health. 

Additionally, near-real time ambient air monitoring data for SO2 is posted on DAQ’s website. 

Element 

(J)

Requires States to meet applicable requirements of part C related to prevention of significant detvisibility protection. 

Title I, Part C of the CAA requires states to provide measures relating to PSD and visibility protection. The foll

provisions for PSD areas and visibility protection, as well as provisions for public participation: 

 Section 12.1 - Permit Requirements for Minor Sources;  Section 12.2 - Permit Requirements for Major Sources in Attainment Areas;  Section 12.3 - Permit Requirements for Major Sources in Nonattainment Areas;  Section 12.4 - Authority to Construct Application Permit Requirements for Part 70 Sources  Section 12.11 - General Permits for Minor Stationary Sources; 

 Section 25 - Affirmative Defense For Excess Emissions Due to Malfunctions 
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Element 

(K)

Air quality modeling/data: Requires SIPs to provide for the performance of air quality modeling for predicting effects on air of any NAAQS pollutant and the submission of such data to EPA upon request. 

Clark County’s air quality modeling work complies with EPA’s final guidance on the use of models in attainmenthe NAAQS. Clark County uses the latest methods and techniques and documents modeling information 

performance evaluations. Clark County will continue to use air quality models in accordance with approved EPA and DAQ modeling gu

and continue to submit data and modeling results to EPA as requested. AQR Section 12.2 - Permit Requirements for Major Sources in Attainment Areas and AQR Section 12.4 - AApplication and Permit Requirements for Part 70 Sources, provide provisions to require air quality modeling. 

Element 

(L)

Permitting fees: Requires SIPs to require each major stationary source to pay permitting fees to cover the cost of upon, implementing and enforcing a permit until such fee requirement is superseded by EPA appprogram under Title V of the CAA. 

Permit and technical service fees are authorized under AQR Section 18 - Permit and Technical Service Fees. 

fees for sources subject to the Title V (Part 70) permit requirements. Clark County will continue to implement and update major stationary source permit fee regulations to comply w

of CAA Sections 501-507. 
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Element 

(M)

Consultation/participation by affected local entities: Requires SIPs to provide for consultation and participation in SIP development by local political affected by the SIP. 

Clark County consults with key stakeholder committees on policy decisions and technical issues. The AAdvisory Committee (TAC) consists of private sector stakeholders as well as local government representatives, a

technical and policy decisions. The TAC has an opportunity to provide input on concerns, challenges, development and implementation of air quality programs in Clark County, but also discusses and recommends s

challenges, or policy issues. Additionally, NRS 445B.503 requires Clark County to consult with the Southern Nevada Regional Planning Co

the Regional Transportation Commission (RTC) before adopting or amending a plan, policy, or program, and solicit public comment. 
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ATTACHMENT A 

2012 Annual Monitoring Network Plan 

 
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ATTACHMENT B 

DAQ SIP approved and local-only rules 

 
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Highlighted Sections are currently in the SIP, have been submitted as revisions to the SIP, or are 

programs delegated by EPA to Clark County. All other sections are “local only” rules. 

Section 0 Definitions 

Section 2 Procedures for Adoption and Revision of Regulations and for Inclusion of those Regulations 

 in the State Implementation Plan 

Section 4 Control Officer 

Section 5 Interference with Control Officer 

Section 6 Injunctive Relief 

Section 7 Hearing Board and Hearing Officer 

Section 8 Persons Liable for Penalties – Punishment: Defense 

Section 9 Civil Penalties 

Section 10 Compliance Schedules 

Section 12.0 Applicability, General Requirements and Transition Procedures 

Section 12.1 Permit Requirements For Minor Sources 

Section 12.2 Permit Requirements For Major Sources In Attainment Areas (Prevention Of Significant 

 Deterioration) 

Section 12.3 Permit Requirements For Major Sources In Nonattainment Areas 

Section 12.4 Authority To Construct Application And Permit Requirements For Part 70 Sources 

Section 12.5 Part 70 Operating Permit Requirements 

Section 12.6 Confidentiality 

Section 12.7 Emission Reduction Credits 

Section 12.9 Annual Emissions Inventory Requirement 

Section 12.10 Continuous Monitoring Requirements for Stationary Sources 

Section 12.11 General Permits for Minor Stationary Sources 

Section 12.12 Transfer of Permit 

Section 12.13 Posting of Permit 

Section 13 National Emission Standards for Hazardous Air Pollutants 

Section 14 New Source Performance Standards 

Section 18 Permit and Technical Service Fees 

Section 21 Acid Rain Permits 

Section 22 Acid Rain Continuous Emission Monitoring 

Section 25 Affirmative Defense for Excess Emissions Due to Malfunctions, Startup, and Shutdown 

Section 26 Emission of Visible Air Contaminants 

Section 27 Particulate Matter from Process Weight Rate 

Section 28 Fuel Burning Equipment 

Section 32 Reduction of Animal Matter 

Section 33 Chlorine in Chemical Processes 

Section 40 Prohibitions of Nuisance Conditions 

Section 41 Fugitive Dust 

Section 42 Open Burning 

Section 43 Odors in the Ambient Air 

Section 44 Prohibitions on Planting, Selling, or Offering to Sell Fruitless Mulberry and European Olive 

 Trees 

Section 45 Idling of Diesel Powered Motor Vehicles 

Section 50 Storage of Petroleum Products 
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Section 51 Petroleum Product Loading into Tanks, Trucks And Trailers 

Section 53 Oxygenated Gasoline Program 

Section 70 Emergency Procedures 

Section 80 Circumvention 

Section 81 Provisions of Regulations Severable 

Section 90 Fugitive Dust From Open Areas and Vacant Lots 

Section 91 Fugitive Dust From Unpaved Roads, Unpaved Alleys, and Unpaved Easement Roads 

Section 92 Fugitive Dust From Unpaved Parking Lots; Material Handling and Storage Yards; and 

 Vehicle and Equipment Storage Yards 

Section 93 Fugitive Dust From Paved Roads and Street Sweeping Equipment 

Section 94 Permitting and Dust Control for Construction Activities 

 
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ATTACHMENT C 

Public Participation 

 
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A. 30-day Public Comment Period Notification 
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Newspaper notification 
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DAQ web pages notifications: 
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B. Public Comment Report 

Public Notice: Las Vegas Review-Journal, March 2, 2013 

Public Comment Period: March 3, 2013 through April 2, 2013 

Formal Comments Received: None 

Public Hearing: May 7, 2013 

Formal Comments Received: None 

 
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C. Board of County Commissioners Meeting – April 16, 2013 
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D. Board of County Commissioners Meeting – May 7, 2013 
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