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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 ParticipationThis page left intentionally blank(Replacement page, submitted to EPA 2-18-10) A -- 1 A.1 

### REVISED NEVADA BART REGULATION This regulation, effective January 28, 2010, revise s the BART regulation adopted on February 11, 2009 (see section A.2). The revision lowers the SO 2 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 Genera ting 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 inst all, operate and maintain the following control measures which constitute BART a nd must not emit or cause to be emitted NO x, SO 2 , or PM 10 in excess of the following limits: (a) For power-generating units numbers 1 and 2 of NV Energy’s Fo rt Churchill Generating Station, located in hyd rographic area 108:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type(Replacement page, submitted to EPA 2-18-10) A -- 2 average)

1 0.20 0.05 0.03

2 0.16 Low NO x 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:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Control Type Emission Limit (lb/10 6 Btu, 24-hr average) Control Type Emission Limit (lb/10 6 Btu, 3-hr average) Control Type

1 0.15 0.05 0.03

2 0.12 Low NO x burners with

flue gas recirculation 0.05 0.03

3 0.19 Low NO x burners withselective 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 hyd rographic area 218:

NO x SO 2 PM 10 UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- Control Type Emission Limit (lb/10 6 Btu, 24-hr Control Type Emission Limit (lb/10 6 Btu, 3-hr Control Type(Replacement page, submitted to EPA 2-18-10) A -- 3 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 Rotamix 1 [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:

NO x SO 2 PM 10

UNIT (Boiler) Emission Limit (lb/10 6 Btu, 12- month rolling

average) Mass Emission Rate (lb/hr, 1-hr average) Control Type Emission Limit (lb/10 6 Btu, 30-

day rolling

average) Control Type Emission Limit (lb/10 6

Btu, 3-hr average) Control Type

1 0.15 788 0.0019 0.0077

2 0.15 788 Low NO x 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, provide d that the emission limits in subsection 1 are met. The established or appr oved control measures must be installed and operating:

1 Rotamix is a technology for adding selective non-catalytic reduction using ammonia or urea-based reagent.(Replacement page, submitted to EPA 2-18-10) A -- 4 (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 Envi ronmental Protection Agency Region 9,

¬ whichever occurs first. (b) For Southern California Edison’s Moha ve Generating Station, at the time that each unit resumes operation. 3. If the ownership of any BART regul ated emission unit change s, the new owner must comply with the requirements set forth in subsection 2. 4. For purposes of this section, emissions of PM 10 include the components of PM 2.5 as a subset.A.1.2 Evidence of Public Participation
A.1.2.1 Public Notice / Agenda The following public notice was distributed on Novem b er 6, 2009.



### N o ti ce o f R e g u la to ry He a r i n g Adoption of Regu lations an d Other Mat t ers Before the Stat e Environment a l Commission
The Sta t e Environme n tal Comm ission (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 Conf erence Room A, 1 100 Valley Road, Reno, Nevada. The purpos e of the hear ing is to receive com m ents from all inter e sted persons re garding the adoption , amendmen t, or re pea l of the foll owing regu latory petitio n s a n d relate d SEC busine ss. The f o ll owing item s will be di scussed an d acte d upon bu t may be tak e n in different order to accommodate the interest and time of the person s atten d ing. 1) Approval of minutes: 06/17/ 09 and 10/ 06/09 SEC hearings * Action Items 2) Settlement Agreements, Air Quality Violations *A ction - Con s ent Calen d ar

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### Air Quality Planning / Air Pollution Control * Action Ite m 3) Regulation R004-09: Ne vada’s Elec trica l Generation Unit Greenhouse Gas Emissions Mandatory Reporting Requirements: Th is regulation was adopte d as a temporar y regulations at the State Environmental C o mmission’s (SEC) Nov e mber 12, 2008 regulatory hearing. The Nevada Divisi on of Environmental Protection is now proposin g t o convert t h e temporary regu lation to a permanent regulation. The regulation requires companies that operat e electric generating units which emit Greenhous e Gases (GHGs) and have maxim u m design output ca pacities of 5 megawatts or more, which is for sale, to report their GHG emiss i ons. T h e i n formation collected will be used to create a registry of GHG em issions. T h e regulation is required by Senate Bill 422, which was passed during the 2007 Legislature. The conten t of the perma n ent regul a tion is ide n tical to that o f the temp o r ary reg u lation previously adopted.

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- 5(Replacement page, submitted to EPA 2-18-10) A -- 6 The proposed regulation does not overlap or duplicate any regulations of other state or government agencies; to date there ar e no greenhouse gas re porting requirements in existing federal regulations. This regulati on 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 Moto r Vehicle Emission Program: This regulation changes certain emission inspection and maintenanc e requirements contained in Chapter 445B of the Nevada Administrative Code (NAC). The proposed regulation aligns the motor vehicle inspection and main tenance (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 prov isions to include diesel-powered vehicles weighing up to 14,000 pounds; it will establ ish standards for testing emissions from reconstructed vehicles and trimobiles [e.g ., three wheel motorized vehicles]; and it will exempt certain trimobiles from emission s testing. The regulati on also revises the definition of heavy duty motor vehicle to conform to the stat utory 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 we ight-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 Oper ating Permit to Construct (OPTC): This regulation establishes requirements and timelines for air quality permits involving case-by-case determinations for maximum ac hievable 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 Signif icant Deterioration) Air Quality Permit applications. The regulation is needed sinc e 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 regulati ons of other government agencies. The regulation does not address fees. 6) R148-09: Revision to Air Emissions Limits at NV Energy’s Reid-Gardner(Replacement page, submitted to EPA 2-18-10) A -- 7 Generating Station: This regulation would revise the requirement for SO 2 emission limits at NV Energy's Reid-Gardner [ele ctrical power] Generating Station located northeast of Las Vegas, Nevada. The regulati on would lower the emission limits from 0.25 lb/10 6 Btu to 0.15 lb/10 6 Btu, 24-hour average, for units 1, 2 and 3. Both the 0.25 lb/10 6 Btu and the proposed limit would beco me effective on January 1, 2015 or 5 years after approval of Nevada's Regional Ha ze 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 es tablish 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 RH R is the application of best available retrofit technology (BART) to cert ain existing sources. Electrical generating units 1, 2 and 3 at NV Energy's Reid Gard ner 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 regulati ons 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 propos ed actions of the State Environmental Commission (SEC) may appear at the schedu led public hearing or may address their comments, data, views, or arguments in written form to: State Environmental Commission, 901 South Stewart Street, Su ite 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.(Replacement page, submitted to EPA 2-18-10) A -- 8 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), an d 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 St reet, 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 br anches 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, Executiv e Secretary, 901 South Stewart Street, Suite 4001, Carson City , Nevada 89701-5249, facsimile (775) 687-5856, or by calling (775) 687-9308, no la ter than 5:00 p.m. on December 1 st 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 Stat e 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 prop osed regulations will also be mailed to members of the public upon request. A reas onable 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 an d against its adoption and incorporate therein its reason for overruling the co nsideration urged against its adoption.A.1.2.2 Newspaper Advertisem ents

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