CONTENTS 

A.1 REVISED NEVADA BART REGULATION 

 

 A.1.1 Adopted Regulation 

 A.1.2 Evidence of Public Participation 

A.2 NEVADA BART REGULATION 

 

 A.2.1 Adopted Regulation 

 A.2.2 Evidence of Public Participation 
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A.1 REVISED NEVADA BART REGULATION

This regulation, effective January 28, 2010, revises the BART regulation adopted on February 

11, 2009 (see section A.2). The revision lowers the SO2 emission limit at NV Energy’s Reid 

Gardner Generating Station for units 1, 2 and 3, as shown in subsection 1, paragraph c of the 

regulation below. 

A.1.1 Adopted Regulation 

ADOPTED REGULATION OF THE 

STATE ENVIRONMENTAL COMMISSION 

LCB File No. R148-09 

Effective January 28, 2010 

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

AUTHORITY: §1, NRS 445B.210. 

A REGULATION relating to air quality; revising limits on the emission of sulfur dioxide from 

 certain power-generating units of the Reid Gardner Generating Station; and providing 

 other matters properly relating thereto. 

 Section 1. Section 4 of LCB File No. R190-08 is hereby amended to read as follows: 

 Sec. 4. 1. The sources listed below must install, operate and maintain the following 

control measures which constitute BART and must not emit or cause to be emitted NOx, SO2, or 

PM10 in excess of the following limits: 

 (a) For power-generating units numbers 1 and 2 of NV Energy’s Fort Churchill Generating 

Station, located in hydrographic area 108: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 
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average) 

1 0.20 0.05 0.03 

2 0.16 

Low NOx

burners with 

flue gas 

recirculation 

0.05 

Pipeline 

natural gas 

and/or No. 2 

fuel oil 

0.03 

Pipeline natural 

gas and/or No. 

2 fuel oil 

 (b) For power-generating units numbers 1, 2 and 3 of NV Energy’s Tracy Generating Station, 

located in hydrographic area 83: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

average) 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

average) 

Control Type 

1 0.15 

0.05

0.03 

2 0.12 

Low NOx

burners with 

flue gas 

recirculation 

0.05

0.03 

3 0.19 

Low NOx

burners with 

selective noncatalytic 

reduction 

0.05

Pipeline 

natural gas 

and/or No. 2 

fuel oil 

0.03 

Pipeline natural 

gas and/or No. 

2 fuel oil 

 (c) For power-generating units numbers 1, 2 and 3 of NV Energy’s Reid Gardner Generating 

Station, located in hydrographic area 218: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

Control Type 

Emission Limit 

(lb/106 Btu, 24-hr 

Control Type 

Emission Limit 

(lb/106 Btu, 3-hr 

Control Type 
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month rolling 

average) 

average) average) 

1 0.20 [0.25] 0.15 0.015 

2 0.20 [0.25] 0.15 0.015 

3 0.28 

Rotating 

Opposed Fire 

Air with 

Rotamix1 [0.25] 0.15

Wet soda ash 

flue gas 

desulfurization 0.015 

Fabric filter

 (d) For power-generating units numbers 1 and 2 of Southern California Edison’s Mohave 

Generating Station, located in hydrographic area 213: 

NOx SO2 PM10

UNIT 

(Boiler) 

Emission Limit 

(lb/106 Btu, 12-

month rolling 

average) 

Mass 

Emission 

Rate (lb/hr, 

1-hr average) 

Control Type 

Emission Limit 

(lb/106 Btu, 30-

day rolling 

average) 

Control Type 

Emission 

Limit (lb/106 

Btu, 3-hr 

average) 

Control 

Type 

1 0.15 788 0.0019 0.0077 

2 0.15 788 

Low NOx

burners with 

over-fire air 

and 

conversion to 

pipeline 

natural gas 

only 

0.0019 

Conversion to 

pipeline natural 

gas only

0.0077 

Conversion 

to pipeline 

natural gas 

only 

 

 2. The control measures established in subsection 1 may be replaced or supplemented with 

alternative technologies approved in advance by the Director, provided that the emission limits in 

subsection 1 are met. The established or approved control measures must be installed and 

operating: 

 

1

 Rotamix is a technology for adding selective non-catalytic reduction using ammonia or urea-based reagent. 
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 (a) For NV Energy’s Fort Churchill, Tracy and Reid Gardner generating stations: 

 (1) On or before January 1, 2015; or 

 (2) Not later than 5 years after approval of Nevada’s state implementation plan for 

regional haze by the United States Environmental Protection Agency Region 9, 

¬ whichever occurs first. 

 (b) For Southern California Edison’s Mohave Generating Station, at the time that each unit 

resumes operation. 

 3. If the ownership of any BART regulated emission unit changes, the new owner must 

comply with the requirements set forth in subsection 2. 

 4. For purposes of this section, emissions of PM10 include the components of PM2.5 as a 

subset. 
A.1.2 Evidence of Public Participation

A.1.2.1 Public Notice / Agenda 

The following public notice was distributed on November 6, 2009. 

Notice of Regulatory Hearing 

Adoption of Regulations and Other Matters Before the 

State Environmental Commission 

The State Environmental Commission (SEC) will hold a regulatory hearing on 

Wednesday, December 9th 2009 at 10:30 am. The hearing location is 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. 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. 

1) Approval of minutes: 06/17/09 and 10/06/09 SEC hearings * Action Items 

2) Settlement Agreements, Air Quality Violations *Action - Consent Calendar 

__________________________________________________________________ 

Air Quality Planning / Air Pollution Control * Action Item

3) Regulation R004-09: Nevada’s Electrical Generation Unit Greenhouse Gas 

Emissions Mandatory Reporting Requirements: This regulation was adopted as 

a temporary regulations at the State Environmental Commission’s (SEC) November 12, 

2008 regulatory hearing. The Nevada Division of Environmental Protection is now 

proposing to convert the temporary regulation to a permanent regulation. The 

regulation requires companies that operate electric generating units which emit 

Greenhouse Gases (GHGs) and have maximum design output capacities of 5

megawatts or more, which is for sale, to report their GHG emissions. The information 

collected will be used to create a registry of GHG emissions. The regulation is 

required by Senate Bill 422, which was passed during the 2007 Legislature. The 

content of the permanent regulation is identical to that of the temporary regulation 

previously adopted. 

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The proposed regulation does not overlap or duplicate any regulations of other state 

or government agencies; to date there are no greenhouse gas reporting requirements 

in existing federal regulations. This regulation does not address fees and will not have 

an immediate or long-term adverse economic impact on the public or the business 

community. 

4) R130-09: Changes to Motor Vehicle Emission Program: This regulation changes 

certain emission inspection and maintenance requirements contained in Chapter 445B 

of the Nevada Administrative Code (NAC). The proposed regulation aligns the motor 

vehicle inspection and maintenance (I/M) program with recent changes made in 

statute (A.B. 414) during the 2009 Nevada Legislative session. 

The regulation will expand Nevada's I/M provisions to include diesel-powered vehicles 

weighing up to 14,000 pounds; it will establish standards for testing emissions from 

reconstructed vehicles and trimobiles [e.g., three wheel motorized vehicles]; and it 

will exempt certain trimobiles from emissions testing. The regulation also revises the 

definition of heavy duty motor vehicle to conform to the statutory changes noted 

above. 

While the regulation does not affect businesses directly, it will have an effect on 

certain individuals who register vehicles in Clark County or Washoe County (i.e., Las 

Vegas and Reno). Vehicles subject to the regulation (about 9,500 diesel-powered 

vehicles in the 10,000 to 14,000 pound weight-range) would require an annual 

emissions test performed at a nominal cost. Otherwise, the proposed regulation does 

not overlap or duplicate any regulations of other state or government agencies; it 

does not directly assess fees, and will only have a nominal economic impact on the 

public. 

5) R147-09: Class I Air Quality Operating Permit to Construct (OPTC): This 

regulation establishes requirements and timelines for air quality permits involving 

case-by-case determinations for maximum achievable control technologies (MACT) as 

required under federal rules governing the National Emissions Standards for Hazardous 

Air Pollutants. Specifically, the proposed regulation aligns the permit application 

procedures for applications requiring a case-by-case MACT determination with the 

procedures for PSD (Prevention of Significant Deterioration) Air Quality Permit 

applications. The regulation is needed since the current Class I OPTC regulation does 

not allow sufficient time for processing case-by-case MACT applications and is 

inconsistent with existing federal rules. 

This regulation will not have an immediate or long-term adverse economic impact on 

the public or the business community. There is no additional cost to the agency for 

enforcement of the proposed regulation and the regulation does not overlap, 

duplicate or conflict with any regulations of other government agencies. The 

regulation does not address fees. 

6) R148-09: Revision to Air Emissions Limits at NV Energy’s Reid-Gardner 
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Generating Station: This regulation would revise the requirement for SO2 emission 

limits at NV Energy's Reid-Gardner [electrical power] Generating Station located 

northeast of Las Vegas, Nevada. The regulation would lower the emission limits from 

0.25 lb/106 Btu to 0.15 lb/106 Btu, 24-hour average, for units 1, 2 and 3. Both the 0.25 

lb/106 Btu and the proposed limit would become effective on January 1, 2015 or 5 

years after approval of Nevada's Regional Haze State Implementation Plan by the U.S. 

EPA. 

As way of background, the federal Regional Haze Regulations Final Rule (RHR) 

(64FR35714, July 1999) requires states to establish emission reduction strategies for 

improving visibility in all 156 mandatory Class I national parks and wilderness areas in 

the United States. One of the strategies required by the RHR is the application of best 

available retrofit technology (BART) to certain existing sources. Electrical generating 

units 1, 2 and 3 at NV Energy's Reid Gardner Generating Station are subject to the 

BART requirement. 

This regulation will not have an immediate or long-term adverse economic impact on 

the public or the business community. There is no additional cost to the agency for 

enforcement of the proposed regulation and the regulation does not overlap, 

duplicate or conflict with any regulations of other government agencies. The 

regulation does not address fees. 

Other SEC Business 

7) Administrator's Briefing to the Commission *Non Action Item 

8) Public Comment * Non Action Items: (Public comment may be limited to ten 

minutes per person at the discretion of the chairperson; See AG Reference @ 

Pages 58 & 81) at http://ag.state.nv.us/publications/manuals/omlmanual.pdf 

__________________________________________________________________ 

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 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 written submissions described in this 

notice. 
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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 2030 E. Flamingo Rd. Suite 230. 

In addition, copies of this public notice and the accompanying regulations 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 http://www.sec.nv.gov/index.htm All of the 

proposed regulations denoted in this notice, including previous drafts, are also posted 

on 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 December 1st 2009. 

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 Bryan Building in 

Carson City (901 S. Stewart Street), the State Library and Archives in Carson City (101 

North Carson Street), the Nevada Department of Wildlife in Reno (1100 Valley Road) 

and the Offices of the Division of Environmental Protection in Carson City and Las 

Vegas. Copies of this notice and the proposed regulations will also be mailed to 

members of the public upon request. A reasonable fee may be charged for copies if 

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. 
A.1.2.2 Newspaper Advertisements 

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A.1.2.3 Filing with Secretary of State 

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