WASHOE COUNTY HEALTH DISTRICT 

AIR QUALITY MANAGEMENT DIVISION 

November 23,2009 

Mr. Leo M. Drozdoff, P.E. 

Administrator 

Department of Conservation and Natural Resources 

Division of Environmental Protection 

901 South Stewart Street, Suite 400 I 

Carson City, Nevada 89701-5249 

Dear Mr. Drozdoff: 

Public Health Prevent. Promote. Protect. 

Attached is Washoe County's portion of the State of Nevada's PM2.5 infrastructure state 

implementation plan (SIP). Hydrographic Area 87 of Washoe County is designated as attainment of 

the 2006 24-hour PM2.5 national ambient air quality standard (NAAQS) while the remainder ofthe 

county is attainmentlunclassifiable. This SIP provides for the implementation, maintenance, and 

enforcement of the NAAQS. It is being submitted pursuant to Sections llO(a)(l) and (2) of the 

Clean Air Act and was prepared in accordance with EPA guidance dated September 29, 2009. 

Three hard copies and two electronic copies of the following documents are included. 

• Attachment A - Current CAA 110(a)(2)(A)-(M) Requirements in the Washoe County 

Portion ofthe Nevada PM2.5 SIP 

• Attachment B - Washoe County Regulations Supporting CAA llO(a)(2)(A)-(M) 

Requirements 

• Attachment C - Delegation of Prevention of Significant Deterioration Program Agreement 

• Attachment D - Inter-Local Agreement Supporting CAA llO(a)(2)(AHM) Requirements 

Please review these documents and determine if this submission is complete. If so, then please 

forward the appropriate number of copies to the U.S. EPA Region IX office. If you have any 

questions or comments regarding, feel free to contact Mr. Daniel Inouye or me at (775) 784-7200. 

Sincerely, 

/ '!)L· l ' ,: Jj I ~J1 i ~ Ll ~C'" Andrew Goodrich, REM 

Director 

cc: Duane Sikorski, Air Quality Supervisor 

P.O. BOX 11130 Reno, NV 89520-0027' 401 Ryland Street, Ste. 331 • (775) 784-7200 • FAX (775) 784-7225 

www.washoecounty.us/health WASHOE COUNTY IS AN EQUAL OPPORTUNITY EMPLOYER HIRING EMPLOYMENT ELIGIBLE APPLICANTS 

Printed on Rccydcd Paper 
A-1 

Attachment A 

Current CAA 110(a)(2)(A)-(M) Requirements in the Washoe County Portion of the Nevada PM2

§110(a)(2) 

element Element summary Current programs and provis

Washoe County portion of the Nev

(A) 

Emission limits and other control measures: 

Requires SIPs to include enforceable emission limits and other control measures, means, or techniques, and schedules for compliance. 

WCDBOH Regulation 020.020 (Contrand Duties) authorizes the Control OffSIP measures including Sections 030.0030.995 (Source Permitting and Opera

(B) 

Ambient air quality monitoring/data system: 

Requires SIPs to provide for establishment and operation of ambient air quality monitors, collection and analysis of ambient air quality data, and to make these data available to EPA upon request. 

The WCAQMD operates a PM2.5 ambnetwork in accordance with 40 CFR 58reviewed annually to ensure it meets amonitoring objectives. Ambient monitcollected, quality assured, and submittaccordance with 40 CFR 58 and are avreview in AQS. A Trends report, whicmonitored ambient air quality in Washprepared annually and posted on the W

(C) 

Program for enforcement of control measures: 

Requires SIPs to include a program providing for enforcement of all SIP measures and the regulation of construction of new and modified stationary sources as necessary to assure that the NAAQS are achieved, including a permit program as required in Parts C and D. 

WCDBOH Regulation 020.020 (Contrand Duties) authorizes the Control OffSIP measures, specifically Sections 03(Construction or Modification of Perm030.500-030.508 (Federal New Source 030.600 (Prevention of Significant De
A-2 

§110(a)(2) 

element Element summary Current programs and provis

Washoe County portion of the Nev

(D) 

Interstate transport provisions: Requires SIPs to contain adequate provisions prohibiting emissions generated within the state from contributing significantly to nonattainment in, or interfering with maintenance by, any other state with respect to the NAAQS, or from interfering with measures required to be included in the SIP of any other state to prevent significant deterioration or to protect visibility. 

On July 31, 2007, EPA’s approval of Ntransport SIP (CAA 110(a)(2)(D)(i)) foand PM2.5 NAAQS promulgated in Jupublished in the Federal Register (72 F

Article 13 of Nevada’s SIP, “General PReview of New Sources,” requires an evaluation before a registration certificFinally, the WCAQMD has full delegaPSD program. 

(E) 

Adequate resources: 

Requires SIPs to provide necessary assurances for adequate personnel, funding, and authority under state law to carry out its SIP, to contain requirements addressing potential conflicts of interest, and to provide necessary assurances that the state retains responsibility for ensuring adequate implementation of the SIP where the state relies on a local or regional government for implementation of any SIP provision. 

NRS 445B.500 authorizes the WCDBOand administer air quality managementhe geographic boundaries of Washoe programs are managed through the WCcurrently consists of 20 allocated full-tannual budget of $2.1 million. Primarare: 1) Operating permit fees; 2) EPA DMV funds; and 4) the City of Reno, CCounty of Washoe via an inter-local agWashoe County Health District. 

(F) 

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

Authority for stationary source monitois provided in WCDBOH Regulation 0and Testing), 030.210 (Permit to Oper030.230 (Record Keeping), and 030.23for Source Sampling and Testing). 
A-3 

§110(a)(2) 

element Element summary Current programs and provis

Washoe County portion of the Nev

(G) 

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

Since 1999, the WCAQMD has not moambient PM2.5 concentration greater t

Emergency powers are authorized undRegulation 050.001 (Emergency Episobegins actions at 65.4 g/m3. 

(H) 

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

WCDBOH Regulation 020.0051 (BoarPowers and Duties) authorizes the WCSIP “to achieve and maintain levels of protect human health”. 

(I) 

SIP revisions for new non-attainment areas: 

Requires SIP revisions to meet the applicable Part D requirements relating to non-attainment areas. 

Washoe County is currently designated attainment/unclassifiable for the 24-ho

PM2.5 NAAQS. The WCAQMD comrevisions whenever the county, or portare newly designated non-attainment fNAAQS. 
A-4 

§110(a)(2) 

element Element summary Current programs and provis

Washoe County portion of the Nev

(J) 

[§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 Managers carrying out NAAQS implementation requirements; . . . 

All SIP elements are adopted by the Wbeing formally submitted as the Washoof the Nevada PM2.5 SIP. Participatiosubdivisions is authorized by WCDBO020.005 (Board of Health - Responsibilocal agreement between the City of Rand the County of Washoe, Nevada. Tagreement requires that the WCDBOH elected official from each of the three subdivisions in Washoe County. The Wcommitted to include all stakeholders, governments and federal land managerdevelopment process. 

(J) 

[§127] 

. . . requires SIPs to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances; and . . . 

WCDBOH Regulation 050.001 (EmerPlan) authorizes the WCAQMD to advmeasures that are taken to reduce their elevated PM2.5 levels. Additionally, nPM2.5 monitoring data are posted on twebsite. 

(J) 

[Part C 

PSD / 

Visibility] 

. . . requires SIPs to meet applicable requirements of Part C related to prevention of significant deterioration and visibility protection. 

On July 31, 2007, EPA’s approval of Ntransport SIP (CAA 110(a)(2)(D)(i)) foand PM2.5 NAAQS promulgated in Jupublished in the Federal Register (72 F

Article 13 of Nevada’s SIP, “General PReview of New Sources,” requires an evaluation before a registration certificFinally, the WCAQMD has full delega

PSD program. 
A-5 

§110(a)(2) 

element Element summary Current programs and provis

Washoe County portion of the Nev

(K) 

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

Air quality modeling to ensure attainmmaintenance of the NAAQS is authoriWCDBOH Regulation 030.210 (PermIssuance). 

(L) 

Permitting fees: 

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

Permitting fees are authorized under WRegulation 030.210 (Permit to Operate 

(M) 

Consultation/participation by affected local entities: 

Requires SIPs to provide for consultation and participation in SIP development by local political subdivisions affected by the SIP. 

All SIP elements are adopted by the Wbeing formally submitted as the Washoof the Nevada PM2.5 SIP. Participatiosubdivisions is authorized by WCDBO020.005 (Board of Health - Responsibilocal agreement between the City of Rand the County of Washoe, Nevada. Tagreement requires that the WCDBOH elected official from each of the three subdivisions in Washoe County. 
A-6 

Acronyms used in Attachment A  AQS Air Quality System  CAA Clean Air Act  CFR Code of Federal Regulations  DMV Department of Motor Vehicles  EPA United States Environmental Protection Agency  FR Federal Register  NAAQS National Ambient Air Quality Standard  NRS Nevada Revised Statute  NSR New Source Review  PM2.5 Particulate Matter less than or equal to a nominal 2.5 microns in aerodynamic diameter  PSD Prevention of Significant Deterioration  SIP State Implementation Plan  WCDBOH Washoe County District Board of Health  WCAQMD Washoe County Health District - Air Quality Management Division 
Attachment B 

Washoe County Regulations Supporting CAA 110(a)(2)(A)-(M) Requirements 
020.005 BOARD OF HEALTH - RESPONSIBILITY

 The District Board of Health of the Washoe County Health District, acting through the District 

Health Officer and District Health Department, is hereby designated as the air pollution control 

agency of Washoe County, Nevada and shall exercise all the authority, jurisdiction, powers, 

(including the power to take all necessary action to secure to Washoe County the benefits of any 

federal or state legislation concerned with air pollution), and responsibilities that inure to the 

benefit, or are, or shall be conferred upon and binding upon, a local District Board of Health, 

pursuant to any of the provisions contained in Chapter 445 or any other Chapter of the Nevada 

Revised Statutes. 

020.0051 BOARD OF HEALTH - POWERS AND DUTIES

 Pursuant to the powers and responsibilities that have inured to the benefit of the Board of Health, 

said Board shall, without excluding any other powers, responsibilities, and authority conferred on 

said Board in the Nevada Revised Statutes, have the following powers and/or responsibilities: 

 A. To adopt and enforce rules and regulations to reduce the release into the atmosphere of 

any air contaminants originating within the territorial limits of the Washoe County Health 

District in order to achieve and maintain levels of air quality which will protect human 

health and safety, prevent injury to plant and animal life, prevent damage to property, and 

preserve visibility and scenic, aesthetic and historic value within said Health District. 

 B. To establish ambient air quality standards in accordance with law. 

 C. To make such determinations and issue such orders as may be necessary to implement 

the provisions of these regulations and to achieve air quality standards in accordance with 

law. 

 D. To institute proceedings to prevent continued violation of any order issued by the Board of 

Health, Hearing Board, or Control Officer, and to enforce these regulations. 

 E. To require access to records relating to emissions which cause or contribute to air 

pollution. 

 F. To apply or and receive grants or other funds or gifts from public or private agencies. 

 G. To cooperate and contract with other governmental agencies including the State of 

Nevada, other states, and the federal government. 

 H. To conduct investigations, research and technical studies consistent with the general 

purposes of the Nevada Revised Statutes. 

 I. To establish such emission control requirements, as may be necessary to prevent, abate, 

or control air pollution. 

 J. To require the registration of air pollution sources together with a description of the 

processes employed, fuels used, nature of emissions and other information considered 

necessary to evaluate the pollution potential of a source. 

 K. To prohibit, regulate or control, as specifically provided in Section 030.000 through 

030.260, the installation, alteration or establishment of any source capable of causing air 

pollution. 
 L. To issue or deny all requests or applications for a variance or waiver from any of the 

requirements of these regulations after due consideration of the recommendations of the 

Hearing Board and Control Officer. 

 M. To require the submission of preliminary plans and specifications and other information as 

the Board deems necessary to process permits required by these regulations. 

 N. To enter into and inspect, at any reasonable time, any premises containing an air 

contaminant source or a source under construction for purposes of ascertaining the state 

of compliance with these regulations. 

 O. To hold any hearing as authorized in Chapter 445 of the Nevada Revised Statutes. 

 P. To review recommendations of the Hearing Board and to take such additional evidence as 

the Board of Health deems necessary or to remand to the Hearing Board for such 

evidence as the Board of Health may direct on any matters arising under these 

regulations. 

 Q. To require elimination of devices or practices which cannot be reasonably allowed without 

generation of undue amounts of contaminants. 

 R. To specify the manner in which incinerators may be constructed and operated. 

 S. To delegate all above powers, except Subsections A, B, F, O, and P, to the Control 

Officer or his representatives as may be necessary to implement these regulations. 

 T. To appoint by resolution, or other appropriate action of the Board of Health, a Hearing 

Board consisting of seven (7) members who are not employees of the State of Nevada or 

any political subdivision of the State of Nevada, or which one (1) member must be an 

attorney admitted to practice law in the State of Nevada, or which one (1) member must 

be a professional engineer registered in the State of Nevada and one (1) member shall be 

licensed in Nevada as a general engineering contractor or a general building contractor as 

defined by NRS 624.215. All members of said Hearing Board shall be appointed to the 

terms as specified in NRS 445.481. 

 U. To institute, in any court of competent jurisdiction, legal proceedings to compel 

compliance with these regulations and the Nevada Revised Statutes pertaining to the 

emission of air contaminants into the atmosphere within the territorial limits of the Washoe 

County Health District. 

020.020 CONTROL OFFICER - POWER AND DUTIES

 The Control Officer, or his designated agent or representative, shall enforce the provisions of these 

regulations in his name, or in the name of the Board of Health, in any one or combination of the 

following ways: 

 A. By issuing a written notice of violation, delivered personally or by registered or certified 

mail, to any person if reasonable cause exists to believe said person is violating these 

regulations. 

 B. By issuing a warning to any person suspected of violating these regulations and by giving 

said person an opportunity to correct the cause of said violation prior to issuing a notice of 
violation or citation and referring the matter to the Board of Health or proper prosecuting 

authority in the Washoe County Health District; 

 C. By requesting the District Attorney of the County of Washoe, or other proper agency, 

person or prosecuting authority in the Washoe County Health District, to institute 

appropriate criminal, civil or administrative proceedings against the person or persons 

responsible for violation of any of these regulations. 

 D. By requesting the Board of Health to levy an appropriate administrative fine against any 

person found to have violated any of these regulations. 

 E. By reviewing each variance to ascertain if the variance holder is meeting all provisions of 

the variance or dates set forth in the compliance schedule; if they are not met, the Control 

Officer may notify the variance holder personally or by registered or certified mail to this 

effect and may suspend or revoke any variances or reject any schedule of compliance 

involved with said infractions. 

 F. By requesting the Board of Health to institute all necessary and proper legal proceedings 

authorized by law to carry out the purposes of these regulations and purposes of Chapter 

445 of the Nevada Revised Statutes, including injunctive relief. 

020.060 SAMPLING AND TESTING

 In addition to any other testing requirements provided for in these regulations, the Control Officer 

or the Board of Health may require any person to conduct or make arrangements to conduct 

testing of any source to determine compliance with these regulations. In the event such testing is 

required, the Control Officer may do any of the following: 

 A. Witness all tests as required by this Section. 

 B. Determine whether or not generally recognized methods of measurement have been used 

to determine the quantity of emissions from the source being tested and if not additional 

testing may be required. 

 C. Determine the point or points at or within the source where testing shall be done, to 

determine the actual discharge into the atmosphere. 

 D. Make any modifications or adjustments in the testing requirements so as to be compatible 

with specific sampling conditions or needs as shown by good practice, judgement and 

experience. 

 E. Require the cost of any testing to be paid by the owner or person responsible for any 

source of air contaminants. 

 F. Require additional tests of any source of air contaminants tested in accordance with this 

Section, provided such separate or additional tests shall be conducted on behalf of the 

Board of Health and at said Board's expense. 

 G. Require in writing the construction or creation of sampling holes, safe scaffolding and 

related facilities, to be provided at the expense of the owner or person responsible for any 

source of air contaminants being tested in accordance with this section. 
H. Require the owner or person responsible for any source of any air contaminants being 

tested pursuant to this section to provide a suitable power source to the point of testing, 

so that sampling instruments can be operated as required. 

I. All information gathered during any testing operation conducted pursuant to this Section 

will be provided to both the Control Officer or the Board of Health and the person or 

persons who own or control or are responsible for any source of air contaminants that are 

tested pursuant to this Section. All such information obtained pursuant to any testing 

required under this Section will be treated as confidential in accordance with the 

requirements of Section 020.055 of these regulations. 

030.000 SOURCE PERMITTING AND OPERATION (Amended 10/20/93) 

 It is unlawful for any person to: 

 A. Construct any new source; 

 B. Make any modifications affecting the emissions of any existing source; or 

 C. Operate any new source, within the meaning of these regulations, except those sources in 

Section 030.003, 

 without first submitting an application to the Control Officer and obtaining an Authorization to 

Construct. 

030.002 CONSTRUCTION OR MODIFICATION OF PERMITTED OPERATIONS (Amended 4/89, 

10/20/93) 

 A written Authority to Construct shall be required to construct, erect, alter or replace any equipment 

which may cause, potentially cause, reduce, control or eliminate the issuance of air contaminants. 

A single Authority to Construct may be issued for all components of an integrated system or 

process. Plans and specifications drawn in accordance with acceptable engineering practices shall 

be required before issuance of an Authority to Construct. The applicant for any Authority to 

Construct must notify the Control Officer in the application of any source which is or will become 

subject to 40 CFR Part 70 upon completion of the proposed construction. An Authority to 

Construct is not needed for routine operation and maintenance. This includes maintenance 

prescribed by the manufacturer, replacement of worn or broken components with like equipment, 

etc. 

030.003 EXEMPT SOURCES (Amended 10/20/93, Revised 10/25/95) 

 The following existing or new single sources do not require Authorities to Construct and/or Permits 

to Operate unless they would otherwise be subject to the Part 70 regulations as defined in 

030.905: 

 A. Agricultural land use. 

 B. Motor vehicles, special mobile equipment licensed for highway travel and any internal 

combustion engines associated with the operation of licensed mobile equipment. 

 C. Land clearance or covering which is less than one (1) acre in size. 
030.004 In addition to the conditions contained in NRS 534A.060, an air pollutant emission control plan 

must be submitted and approved by the Control Officer prior to commencement of drilling or 

reworking a geothermal well (productive or exploratory). 

Geothermal wells within 5.0 kilometers of a residential dwelling(s), must limit the hydrogen sulfide 

emission rate on a continuous basis during air drilling cleanout, initial testing and reworking to no 

more than 5.5 pounds per hour (2.5 kilograms per hour). If the reworking or drilling cleanout 

operation lasts for two (2) hours (120 minutes) or less, an exemption to the 5.5 pound/hour 

emission limit may be obtained from the Control Officer. This exemption would limit the facility to 

operations only during favorable meteorological conditions as determined in advance by the 

Control Officer. (Adopted 4/89) 

030.005 No local government authority within the Health District may issue a building permit to any person 

who wishes to operate, construct, establish, or relocate or modify any stationary source which 

requires an authority to construct or permit to operate until the Authority to Construct or Permit to 

Operate has been issued by the Control Officer. 

030.010 GENERAL SOURCES (Amended 6/27/90) 

 The Control Officer shall not issue an Authority to Construct or Permit to Operate if the registration 

application, engineering data or any other documentation submitted by the applicant shows, or the 

Control Officer determines, that the source: 

 A. Cannot meet the requirements of, or be operated in compliance with, federal, state, or 

local regulations; 

 B. Will prevent the attainment or maintenance of state or national ambient air standards; or 

 C. Will cause a violation of the approved State Implementation Plan. 

 D. Will not meet all requirements of Section 030.410. 

030.015 AUTHORITY TO CONSTRUCT DURATION

 An Authority to Construct shall remain valid for the same time period as is allowed a building permit 

in the jurisdiction of the facilities location, but in no case shall this period exceed eighteen (18) 

months. If a permittee begins construction and then stops, after construction has ceased for 18 

months, the Authority to Construct shall expire. Once the 18-month period is exceeded, the 

approval of the Authority to Construct lapses, and the Authority to Construct is invalid. A new 

registration application must be submitted if the operator wishes to build or renew construction. An 

Authority to Construct can only be converted to a Permit to Operate if the construction of the 

source is completed in compliance with all applicable District requirements. (Revised 10/25/95) 

030.018 CONSTRUCTION OF CONTROL EQUIPMENT CONTRARY TO AUTHORITY TO CONSTRUCT

 If the Control Officer finds the equipment has not been constructed in accordance with the authority 

to construct, and/or provides less effective control than the equipment specified in the authority to 

construct, he may deny the permit to operate. 

030.020 PERMIT APPLICATION (Amended 10/20/93, Revised 10/25/95) 

 A. Application for Authority To Construction and/or Permit To Operate shall be made on 

forms furnished by the Control Officer. 
 B. A separate application is required for each source. One application is sufficient for those 

sources requiring both an Authority to Construct and a Permit To Operate. 

 C. Each application must contain, as a minimum: 

 1. Name and address of business and any other identifying information; 

 2. Nature of business, including products produced and processes to be used, 

including any applicable SIC codes; 

 3. Name and phone number of agent, manager or contact person; 

 4. Site information, including flow diagrams, description of site, description of all 

insignificant activities for Part 70 permits, and all emission points in sufficient 

detail to determine applicability and fees; 

 5. Nature and quantity of emissions for all regulated pollutants on an hourly, daily or 

annual basis, expressed in units as necessary to determine compliance, 

including notation as to if the proposed modification will be a major source or 

modification and which pollutants the source will be major for; 

 6. Facilities or process equipment to be permitted or have their permit revised, 

including the control equipment, control measures or work practices to be utilized 

in emission reduction; 

 7. Operating times, temperatures, fuels used, raw materials consumption, 

production rates, or other pertinent information; 

 The information shall be sufficient in scope to enable the Control Officer to make 

any determination pursuant to the requirements of Section 030.010 of these 

regulations. 

 8. Such other information or documentation requested by the Control Officer as 

necessary to determine compliance with all requirements and standards; 

 9. Signature of a responsible person of the firm or business; 

 10. A plan review fee and any other fees as set by the District Board of Health; 

11. Calculations and methods used to estimate emissions. 

 12. For sources which are or will become subject to a Part 70 permit, the application 

shall also include citation and description of all applicable requirements, the test 

methods for determining compliance with each applicable requirement, and 

explanations of any proposed exemption from any otherwise applicable 

requirement. The source shall also submit a compliance plan consistent with the 

requirements of Sections 030.970 (A) and (B) of these regulations. Any 

applications for minor permit modifications under 030.950 (D) shall also include 

items I through IV below. Title V permit applications shall include all of the 

following: 
I. A description of the change, the emissions resulting from the change 

and any new applicable requirements that will apply as a result of the change; 

 II. The source's suggested draft permit; 

III. Certification by a responsible official that the proposed modification 

meets the criteria for use of minor permit modification procedures and a request 

that such procedures be used; 

 IV. Completed forms for the Control Officer to use in notifying the EPA and 

affected states. 

 V. Description of any processes and products associated with alternative 

operating scenarios; 

 VI. Description of compliance monitoring devices or activities; 

 VII. Where emissions trading provisions are requested by a source, 

proposed replicable procedures and permit terms; 

 VIII. A statement that the source will meet all applicable requirements that 

become effective during the permit term in a timely manner; 

 IX. A certification that all the information being submitted in the Part 70 

permit application is based on information and belief formed after a reasonable 

inquiry. 

 D. Operators of new or existing single sources emitting fifty (50) tons or more of total 

contaminants per year shall: 

 1. Submit a plan for curtailment of operations in the event that ambient levels of 

contaminants approach or reach those stated in the Emergency Episode Plan 

(Section 050.005 et. seq. of these regulations). 

 E. In case of a dispute, the Control Officer may require that the application and reports be 

certified by a licensed professional engineer as to the accuracy of the technical 

information concerning equipment of the applicant. The certification shall be given under 

oath or upon information and belief that statements made in the application are truthful, 

accurate or correct. 

 F. Any change or alteration to the plans, equipment or process affecting the emissions from 

any new or existing source shall be reported to the Control Officer and shall be approved 

prior to implementation. 

030.023 EVALUATION OF REGISTRATION APPLICATION

 When an Authority to Construct application is received by the Control Officer, he shall evaluate it to 

determine if all necessary information on the source processes has been included. When all the 

required information has been received, the Control Officer will review the proposal using standard 

engineering practices and methods, decide which local, state or federal regulations apply to the 

source, determine by approved modeling or other methods if the proposed control technology will 

meet regulatory requirements, and determine what, if any, pre-construction monitoring or other 

testing will be required before the authority to construct is issued. If it is determined that the 
equipment proposed in the Authority to Construct application is insufficient to meet regulatory 

requirements, the Control Officer will notify the applicant of the deficient items in writing and state 

what additions may be made to bring the project into compliance with regulatory requirements. In 

no case may the review of the project take more than 180 days to complete. 

030.025 The acceptance of registration application, or the issuance of an Authority to Construct by the 

Control Officer, does not constitute acceptance or approval of the operation of any article, machine, 

equipment, facility, property or process listed on the application. Not until all requirements are met 

and until the Control Officer ascertains that the actual operation is in compliance with all applicable 

federal, state and local standards and emission limitations will the source be deemed approvable 

and a Permit to Operate be issued. 

030.030 The lack of emission limits or controls in these regulations for equipment or processes requiring a 

registration application does not remove the registration requirement. 

030.035 New equipment or changes in processes capable of becoming a new source of air pollution or 

increasing present emission levels must be provided with the control capability necessary to meet 

all emission standards and requirements specified in these regulations and any additional 

requirements specified by the Control Officer in issuing the Authority to Construct or Permit to 

Operate. 

 

FEDERAL STANDARDS (NSPS & NESHAP)

030.100 NEW SOURCE PERFORMANCE STANDARDS (Amended 10/24/90; Revised 8/28/08) 

A. General 

 40CFR60, Subpart A (60.1 et seq), along with all duly promulgated revisions as of, June 

1, 1990 is herewith adopted by reference, except as follows: 

 1. "Administrator" shall, in this context, be taken to mean the Control Officer. The 

substitution does not apply to 60.8 (b)2, 60.8 (b)2, and 60.11 (e) of this subpart. 

 2. Delete Sections 60.4, 60.5, and 60.6.

 3. No sections dealing with equivalency determinations or innovative technology 

waivers, as covered in Sections III(h)(3) and II(j) respectively, of the Clean Air Act 

may be delegated. 

B. The Standards for Performance for those Subparts of 40CFR60 listed below, along with 

all the duly promulgated revisions as of June 1, 1990, are herewith adopted by reference 

with the listed exceptions. 

 1. Subpart D - Fossil Fuel - Fired Steam Generators 

 2. Subpart Db - Steam Generating Units, Industrial - Commercial - Institutional 

 3. Subpart E - Incinerators 

 4. Subpart F - Portland Cement Plants 

 5. Subpart G - Nitric Acid Plants 
 6. Subpart H - Sulfuric Acid Plants 

 7. Subpart I - Asphalt Concrete Plants 

 8. Subpart J - Petroleum Refineries 

 9. Subpart K - Storage Vessels for Petroleum Liquids (June 11, 1973, through May 

19, 1978) 

 10. Subpart Ka - Storage Vessels for Petroleum Liquids (constructed after May 18, 

1978) 

 11. Subpart Kb - Volatile Organic Liquid Storage (construction after July 23, 1984) 

 12. Subpart L - Secondary Lead Smelters 

 13. Subpart M - Secondary Brass and Bronze Ingot Production Plants 

 14. Subpart N - Iron and Steel Plants 

 15. Subpart O - Sewage Treatment Plants 

 16. Subpart P - Primary Copper Smelters 

 17. Subpart Q - Primary Zinc Smelters 

 18. Subpart R - Primary Lead Smelters 

 19. Subpart S - Primary Aluminum Reduction Plants; except 60.195 (b)

 20. Subpart T - Phosphate Fertilizer Industry: Wet Process Phosphoric Acid Plants 

 21. Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid Plants 

 22. Subpart V - Phosphate Fertilizer Industry: Granular Triple Superphosphate 

 23. Subpart W - Phosphate Fertilizer Industry: Triple Superphosphate Plants 

 24. Subpart X - Phosphate Fertilizer Industry: Granular Triple Superphosphate 

Storage Facilities 

 25. Subpart Y - Coal Preparation Plants 

 26. Subpart Z - Ferroalloy Production Facilities 

 27. Subpart AA - Steel Plants: Electric Arc Furnaces 

 28. Subpart AAa - Steel Plants: Electric Arc Furnaces Constructed After August 17, 

1983. 

 29. Subpart BB - Kraft Pulp Mills 
 30. Subpart CC - Glass Manufacturing Plants 

 31. Subpart DD - Grain Elevators 

 32. Subpart EE - Surface Coating of Metal Furniture 

 33. Subpart GG - Stationary Gas Turbines; except 60.32(a)(3) and 60.335(a)(ii)

 34. Subpart HH - Lime Manufacturing Plants 

 35. Subpart KK - Lead-Acid Battery Manufacturing Plants 

 36. Subpart LL - Metallic Mineral Processing Plants 

 37. Subpart MM - Automobile and Light Duty Truck Surface Coating Operations 

 38. Subpart NN - Phosphate Rock Plants39. 

 39. Subpart PP - Ammonium Sulfate Manufacture 

 40. Subpart QQ - Graphic Arts Industry: Publication Rotogravure Printing 

 41. Subpart RR - Pressure Sensitive Tape and Label Surface Coating Operations 

 42. Subpart SS - Industrial Surface Coating: Large Appliances 

 43. Subpart TT - Metal Coil Surface Coating 

 44. Subpart UU - Asphalt Processing and Asphalt Roofing Manufacture 

 45. Subpart VV - Synthetic Organic Chemical Manufacturing Industry: Equipment 

Leaks of VOC; except 60.482-1(c)(2) and 60.484

 46. Subpart WW - Beverage Can Surface Coating Industry; except 60.496(a)(1) and 

60.493(b)(2)(i)(A)

 47. Subpart XX - Bulk Gasoline Terminals 

 48. Subpart AAA - New Residential Wood Heaters 

 49. Subpart FFF - Flexible Vinyl and Urethane Coating and Printing 

 50. Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries; except 

60.592(c)

 51. Subpart HHH - Synthetic Fiber Production Facilities 

 52. Subpart JJJ - Petroleum Dry Cleaners; except 60.623

 53. Subpart OOO - Nonmetallic Mineral Processing Plants 

 54. Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants 
55. Subpart SSS - Magnetic Tape Coating Facilities 

56. Subpart TTT – Industrial Surface Coating: Surface Coating of Plastic Parts for 

Business Machines 

57. Subpart UUU – Calciners and Dryers in Mineral Industries 

58. Subpart VVV – Polymeric Coating of Supporting Substrates Facilities 

59. Subpart WWW – Municipal Solid Waste Landfills 

60. Subpart AAAA – Small Municipal Waste Combustion Units for which construction 

is commenced after August 30, 1999 or for which modification or reconstruction is 

commenced after June 6, 2001 

61. Subpart CCCC – Commercial and Industrial Solid Waste Incineration Units for 

which construction is commenced after November 30, 1999 or for which 

modification or reconstruction is commenced on or after June 1, 2001 

62. Subpart EEEE – Other Solid Waste Incineration Units for which construction is 

commenced after December 9, 2004 or for which modification or reconstruction is 

commenced on or after June 16, 2006 

63. Subpart IIII – Stationary Compression Ignition Internal Combustion Engines 

64. Subpart JJJJ – Stationary Spark Ignition Internal Combustion Engines 

65. Subpart KKKK – Stationary Combustion Turbines 

030.105 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (Amended 

9/23/92) 

 A. GENERAL 

 40CFR61, Subpart A (61.01 et seq.), along with all duly promulgated revisions is herewith 

adopted by reference, except as follows: 

 1. Delete Sections 61.06, 61.14, 61.15, 61.53(c)(4), 61.04(b), 61.12(d)(1) and 61.13 

(h)(1)(ii). 

 2. Any sections dealing with equivalency determinations that are nontransferable 

through Section 112(e)(3) of the Clean Air Act. 

B. The National Emission Standards for Hazardous Air Pollutants for those subparts of 

40CFR61 listed below, along with all the duly promulgated revisions are herewith adopted 

by reference. 

 1. Subpart B - Radon 222: Underground Uranium Mines 

 2. Subpart C - Beryllium 

 3. Subpart D - Beryllium Rocket Motor Firing 
 4. Subpart E - Mercury 

 5. Subpart F - Vinyl Chloride 

 6. Subpart H - Radionuclides: DOE Facilities 

 7. Subpart I - Radionuclides: NRC and Federal Facilities 

 8. Subpart J - Benzene - Fugitive Emission Sources - Equipment Leaks; except 

61.112(c)

 9. Subpart K - Radionuclides: Elemental Phosphorus Plants 

 10. Subpart M - Asbestos 

 11. Subpart V - Volatile Hazardous Air Pollutants - Fugitive Emission Sources -Equipment 

Leaks; except 61.242-1(C)(2) and 61.244 

030.106 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE 

CATEGORIES (Adopted 10/22/97; Revised 8/28/08) 

40CFR, Part 63, National Emission Standards for Hazardous Air Pollutants for Source Categories 

(as listed below), along with all duly promulgated revisions, are herewith adopted by reference: 

 1. Subpart A - General Provisions (63.1 - 63.15) 

 2. Subpart B - Requirements for Control Technology D Determinations for Major 

Sources in Accordance with Clean Air Act Sections, 112 (g) and 112 (j) (63.40 - 

63.44), and (63.50 - 63.56) 

 3. Subpart M - National Perchloroethylene Air Emission Standard for Dry Cleaning 

Facilities (63.320 - 63.325) 

 4. Subpart N - National Emission Standards for Chromium Emissions from Hard and 

Decorative Chromium Electroplating and Chromium Anodizing Tanks (63.340 - 

63.347) 

 5. Subpart O - Ethylene Oxide Emissions Standards for Sterilization Facilities (63.360 

- 63.367) 

 6. Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk 

Gasoline Terminals and Pipeline Breakout Stations) (63.420 - 63.429) 

 7. Subpart T - National Emission Standards for Halogenated Solvent Cleaning 

(63.460 - 63.469) 

8. Subpart KK - National Emission Standards for the Printing and Publishing Industry 

(63.820 - 63.831) 

 

9. Subpart VVV - National Emission Standards for Hazardous Air Pollutants: Publicly 

Owned Treatment Works (63.1580 – 63.1595) 

10. Subpart EEEE – National Emission Standards for Hazardous Air Pollutants: 
Organic Liquids Distribution (Non-Gasoline) (63.2330-63.2406). 

11. Subpart WWWW - National Emission Standards for Hazardous Air Pollutants: 

Reinforced Plastic Composites Production (63.5780 – 63.5935) 

12. Subpart ZZZZ - National Emission Standards for Hazardous Air Pollutants for 

Reciprocating Internal Combustion Engines (63.6580 – 63.6675) 

13. Subpart WWWWW - National Emission Standards for Hospital Ethylene Oxide 

Sterilizers (63.10382 – 63.10448) 

14. Subpart BBBBBB – National Emission Standards for Hazardous Air Pollutants for 

Source Categories: Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline 

Facilities (63.11080 – 63.11100) 

15. Subpart CCCCCC – National Emission Standards for Hazardous Air Pollutants for 

Source Category: Gasoline Dispensing Facilities (63.11110-63.11132) 

16. Subpart HHHHHH - National Emission Standards for Hazardous Air Pollutants: 

Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources 

(63.11169 – 63.11180) 

17. Subpart OOOOOO - National Emission Standards for Hazardous Air Pollutants: 

Flexible Polyurethane Foam Fabrication Operations (63.11414 – 63.11420) 

18. Subpart WWWWWW - National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Plating and Polishing Operations (63.11475 – 

63.11512) 

19. Subpart XXXXXX - National Emission Standards for Hazardous Air Pollutants: 

Area Source Standards for Nine Metal Fabrication and Finishing Source 

Categories (63.11514 – 63.11523) 

030.107 HAZARDOUS AIR POLLUTANTS (Adopted 10/24/90, Revised 5/24/95, 10/25/95) 

A. Asbestos Sampling and Notification 

 No permit for the demolition or for the renovation of any NESHAP regulated facility may 

be issued by any public agency within the Health District until such time as an asbestos 

survey, conducted by a person qualified to make such a survey, is made on the premises. 

No potential asbestos containing materials may be disturbed until such a survey is 

performed. The person performing the survey must possess U.S. EPA AHERA 

certification. The survey must be completed to the satisfaction of the Control Officer or 

additional samples may be required. A complete, signed copy of an asbestos survey 

report must be filed at the Washoe County District Health Department and an "Asbestos 

Assessment Acknowledgment Form" obtained before any permit for demolition or 

renovation, as noted above, is issued. Failure to conduct an asbestos survey, or obtain a 

completed "Asbestos Assessment Acknowledgement Form", may result in a citation or 

other enforcement action, including the issuance of a stop work order if a reasonable 

possibility for the release of asbestos fibers exists. If the survey indicates the presence of 

asbestos, the permit applicant must adhere to the requirements of Sections 030.105 and 

this section prior to and during the removal of any asbestos. The owner, operator or his 
representative shall submit to the Control Officer notice of intent in compliance with 40 

CFR 61.145. Such notice shall be required for the following operations: 

 1. All renovations disturbing regulated asbestos containing materials (RACM) which 

exceed, in aggregate, more than 160 feet square, 260 lineal feet or 35 cubic feet 

whichever is most restrictive. 

 2. Notice shall be required for any building demolition, including single residential 

dwellings. 

 This notification shall contain all information as requested by the Control Officer, including 

a plan of action as to the methods and techniques to be used for removal. Standard fees 

as set by the Board Of Health must be submitted with all such notifications before they 

can be considered valid. 

 B. Asbestos Control Work Practice 

 For the purposes of this regulation, in addition to the requirements of the NESHAP, 

acceptable work practices for RACM removal shall include, but are not limited to, 

adequate wetting, containment of materials in glove bags or containment areas, negative 

air systems, decontamination areas, double bag disposal or other methods as required by 

the Control Officer. Acceptable work practices for commercial ACM roofing removal shall 

include adequate wetting of the material and removal in covered chutes. As an 

alternative, ACM roofing materials may be removed by bagging or careful wrapping and 

lowering. The Control Officer may require separate removal of friable roofing materials 

prior to demolition. All asbestos removal work which is done with barriers isolating the 

work area shall include transparent viewing ports which allow observation of stripping and 

removal of ACM from outside the barrier. Sufficient view ports shall be installed to make 

at least 90 percent of the work area visible from outside the barrier, except in unusual 

situations as approved by the Control Officer. Air clearance testing after removal work is 

complete may be required by the Control Officer for the protection of public health. 

 C. Asbestos Contamination And Abatement 

 Under no condition may any person store, remove, transport or destroy any asbestos 

containing materials in a manner which is likely to release asbestos fibers into the 

atmosphere. Safe asbestos removal work practices, sufficient to prevent a danger to 

public health as defined below, shall be required for any remodeling or demolition of 

NESHAP regulated facilities which disturbs any quantity of RACM. The Control Officer 

may require cleanup or abatement of damaged or degraded asbestos containing 

materials where their storage, handling or continued presence represents a danger to 

public health. Unsafe work practices or danger to public health as noted above shall be 

concluded only when testing results demonstrate asbestos levels exceeding one of the 

following limits: 1) 0.01 asbestos fibers per cubic centimeter as determined by any method 

of air sampling as specified by the Control Officer; or 2) greater than one percent 

asbestos as determined by vacuum, bulk or wipe sampling of surfaces. The Control 

Officer may require such sampling to be performed at the owners expense by a qualified 

person when unsafe work practices or a danger to public health are suspected. The 

Control Officer shall approve procedures for sample collection, including the type of 

sampling as listed above, sample duration and volume, or analytical methods, such as the 

use of TEM or PCM depending on the type of suspected contamination and building 

materials present. Failure to use acceptable work practices during RACM removal or 

disturbance may result in the issuance of a stop work order, a citation, or both. 
030.108 PROHIBITION ON USE OR SALE OF ASBESTOS-CONTAINING MATERIALS FOR 

SURFACING, LANDSCAPING OR PAVING (Adopted 9/27/00)

The Control Officer may require testing for the asbestos content of any material represented as 

being suitable or used for surfacing, including landscaping or paving operations. For the 

purposes of this regulation, surfacing means the act of covering any surface used for pedestrian, 

vehicular, or non-vehicular travel; or decoration, including, but not limited to, roads, road 

shoulders, streets, access roads, alleys, lanes, driveways, parking lots, playgrounds, yard areas, 

trails, squares, plazas, and fairgrounds. 

 A. Effective October 1, 2000, no person shall import, use, sell, supply, or offer for sale or 

supply in Washoe County, any of the following materials for surfacing, including 

landscaping or paving operations: 

 1. Serpentine or serpentine rock material, 

 2. Any rock material that has been tested and found to have an asbestos content of 

0.25 percent or more. The asbestos content of rock materials shall be determined 

using California Air Resources Board Test method 435, or an equivalent method 

approved by the Control Officer. 

B. After October 1, 2000, any existing supplies of materials listed under A (1) or A (2) may 

only be sold for use in locations outside of Washoe County. 

030.109 FEE FOR ASBESTOS SAMPLING

 If the Control Officer deems an onsite sampling evaluation for asbestos is necessary for 

investigation or enforcement action on the improper removal, storage, demolition or disposal of 

asbestos-containing materials, the owner of the property shall pay a fee per sample set by the 

District Board of Health. 

030.110 Before issuance of an authority to construct, an applicant for any new major stationary source or 

major modification shall meet all general registration requirements, and, depending upon 

location, meet all the requirements set forth in Sections 030.500 and 030.600. 

030.140 If at any time prior to issuing a Permit to Operate, the Control Officer determines that the 

proposed construction, installation, alteration or establishment of the source: 

A. Will not be in accordance with the provisions of the plans, specifications and other design 

criteria submitted with the registration application; 

B. Is being done before receiving an authority to construct; 

It shall be considered a violation of these regulations and, in addition to a notice of violation, the 

Control Officer may issue a stop work order prohibiting the construction, installation or alteration 

or establishment of the source. 

030.1401 A person served with a stop work order shall immediately stop all activities specified in the stop 

work order. Service of the stop work order shall be done in the manner outlined in Section 

020.030. 

030.1402 A stop work order shall specify the reasons for the issuance. 
030.1403 A person served with a stop work order may apply to the Control Officer for its revocation, setting 

forth the reasons he believes the stop work order is no longer valid. The Control Officer must 

take final action on an application for revocation of a stop work order within twenty-four (24) 

hours after receipt of the application. If the Control Officer finds that the reasons for which the 

stop work was issued no longer exist, he shall revoke the order immediately. If the Control 

Officer finds that the reasons for which the stop work order was issued still exist, he shall furnish 

a written statement of his reasons to the person concerned. 

030.1404 Any person aggrieved by the issuance or affirmance of a stop work order by the Control Officer 

may appeal to review the actions of the Control Officer in issuing the stop work order. An appeal 

to the Hearing Board does not vacate the effect of the stop work order. A stop work order may 

only be removed or vacated by the Control Officer, the Hearing Board, the District Board of Health 

or court action. 

WASHOE COUNTY PERMIT TO OPERATE REQUIREMENTS

030.200 PERMIT TO OPERATE (Amended 10/20/93, Revised 10/25/95) 

 Any source with the potential to emit two pounds per day of any criteria pollutant or one pound 

per day of any toxic pollutant shall be required to obtain and hold a Permit to Operate. 

 A person shall not cause, suffer or allow the operation of any equipment or process requiring a 

Permit To Operate, except those specifically exempted by these regulations, without a valid 

permit issued by the Control Officer. Any new source required to obtain a Part 70 permit under 

Section 030.905 of these regulations must obtain a permit prior to beginning operation of 

equipment. Sources in existence on the date of EPA Part 70 program approval which meet the 

applicability criteria in Section 030.905 shall submit applications as specified in Regulation 

030.900. 

030.210 PERMIT TO OPERATE ISSUANCE (Revised 10/25/95) 

 The Permit to Operate will be issued when the Control Officer determines: 

 A. All registration requirements have been fulfilled; 

 B. The source can be operated in compliance with all local, state and federal regulations; 

 C. The source will not interfere with the attainment or maintenance of the Ambient Air Quality 

Standards; and 

 D. The proper fees, as established by the District Board of Health, have been paid. 

 1. Sources emitting less than 730 pounds of total pollutants per year will be assessed 

a flat rate permit to operate fee as set by the District Board of Health. 

 2. A 50% reduction in the permit to operate fee will be allowed for any source around 

which fewer than fifty (50) people reside within a twenty-five (25) mile radius, 

including those residing at the site of the source, if the emissions are not significant 

(Table 4). 
030.215 Nothing contained herein exempts any person in control of, or responsible for any article, 

machine, structure or process for which a Permit To Operate has been issued pursuant to these 

regulations from the responsibility of complying with the regulations, with all applicable control 

strategies contained in the approved State Implementation Plan which limits, either directly or 

indirectly, the emission of air contaminants into the atmosphere and with all national, state and 

local ambient air quality standards. 

030.216 ALTERATION OR FALSIFYING OF PERMIT

 No person may deface, alter, forge, or falsify any permit issued under these regulations. 

030.217 PERMIT CONDITIONS

 To assure compliance with all applicable state, local and federal regulations, the Control Officer 

may impose written conditions of operation including, but not limited to, restrictions on emissions 

outputs, operating times and process temperatures on any permit. The Control Officer may, after 

notice and consultation with the permittee, add or amend written conditions on any existing 

source permit to assure compliance. When operating permit conditions are changed, the Control 

Officer shall specify a reasonable time period for these changes to take effect. Commencing 

work or operation under such a permit shall be deemed acceptance of the conditions so 

specified. The permittee may appeal these conditions to the Control Officer in writing within ten 

(10) days of the notice of changes to the conditions in the permit. Until such an appeal is heard, 

however, all operations shall be subject to the conditions specified on the permit. (Also see 

030.240 - 030.260). 

030.2175 OPERATIONS CONTRARY TO PERMIT (Amended 10/20/93) 

 No person may operate equipment contrary to the permit conditions specified on the Permit to 

Operate for that equipment. Violation of the conditions of a permit to operate shall constitute a 

major violation under the provisions of Section 020.040 and Section 020.042, or both of these 

regulations, and may constitute grounds for immediate suspension of the permit. 

030.218 DEMONSTRATION OF COMPLIANCE

The Control Officer may require the operator of a source to provide any applicable data to 

demonstrate compliance with the conditions of the Permit to Operate. Such data submission 

requirements may include, but would not be limited to, graphs, charts or other records of items 

such as plant operational temperatures, plant production levels, continuous stack monitor 

outputs, plant operating hours, equipment engineering and design specifications or chemical 

product consumption. Requested data must be provided in a timely manner, as specified by the 

Control Officer. Failure to provide this data as requested by the Control Officer constitutes a 

violation of the conditions of the Permit to Operate, and the affected source would be subject to a 

citation under these regulations, suspension of their Permit to Operate or both. 

030.219 EMISSION STATEMENTS for sources which emit or may emit NOx or reactive VOCs 

(Adopted 9/23/92) 

In accordance with sections 182(a)(3)(B) and 184(b)(2) of the 1990 Clean Air Act Amendments 

owners or operators of any source operation which emits or has the potential to emit 25 tons per 

year or more of oxides of nitrogen (Nox) or reactive volatile organic compounds (VOCs) shall 

provide the Control Officer with a written statement, in such form as the Control Officer 

prescribes, showing actual emissions of NOx and VOC's from that source. The statement shall 

contain emissions for the time period specified by the Control Officer. The statement shall also 
contain a certification by a responsible official of the company that the information contained in 

the statement is accurate to the best knowledge of the individual certifying the statement. The 

first statement will cover 1992 emissions and shall be submitted to the District by April 1, 1993. 

Statements shall be submitted annually thereafter by April 1st. 

030.220 The Control Officer may issue a temporary Permit to Operate, on a conditional basis, to any new 

or existing single source requiring some reasonable time for initial testing or to any existing 

source which is not in compliance with applicable emission limitations, but which has a 

compliance schedule or variance approved by the District Board of Health. 

030.221 TEMPORARY PERMIT TO OPERATE NEW OR MODIFIED EQUIPMENT

 A. New Equipment - A person shall notify the Control Officer before operating or using any 

new equipment for which an Authority to Construct has been granted. Upon such 

notification, the Control Officer may choose to grant permission for the operation of such 

equipment with the authority to construct deemed as being a temporary permit to operate. 

The Control Officer may also choose to impose additional conditions to the Temporary 

Permit to Operate before start-up, or may require a complete new application for a permit 

to operate. The equipment must not be operated in a manner contrary to the conditions 

specified in the Temporary Permit to Operate. 

B. Modified Equipment - A person shall notify the Control Officer before operating or using 

any modified equipment for which an Authority to Construct has been granted. Upon such 

notification, the Control Officer may grant permission for the operation of such equipment 

with the Authority to Construct deemed as being a temporary permit to operate for that 

newly modified equipment. If the modification is an additional control device for reducing 

pollutant emissions, the continued operation of that control device shall be required for the 

operation of the plant as a whole. In no case may the equipment be operated in a manner 

contrary to the conditions specified in the authority to construct. 

030.225 Each Permit to Operate shall be renewed annually, and each renewal must be accompanied by 

the appropriate fee. Any change in emissions or operation must be noted in the renewal. 

030.228 METHODS TO DETERMINE SOURCE EMISSION RATES

The Control Officer shall use accepted engineering practice to determine source emission rates 

for the purposes of establishing annual permit renewal fees, new source control technology 

requirements or in taking enforcement action. These methods may include, but are not limited to, 

the use of emission factors from approved publications such as "AP - 42 COMPILATION OF AIR 

POLLUTION EMISSION FACTORS" published by the U.S. EPA, stack emissions surveys, or 

mass balance emissions calculations. It is the burden of the source operator to provide 

satisfactory scientific evidence of different emission rates if the operator wishes to dispute the 

findings of the Control Officer. 

030.230 RECORD KEEPING (Amended 9/23/92) 

The Control Officer may require any holder of a Permit to Operate to keep adequate records 

concerning contaminant emissions for any equipment or process for which the permit was issued. 

All permittees operating add-on emissions control equipment will maintain records sufficient to 

legally demonstrate that the equipment has operated in compliance with all applicable Federal, 

State and District regulations. The permittee shall also record any times or occasions when the 

emissions control equipment is not in operation due to equipment failure, maintenance or any 

other reason. 
030.235 REQUIREMENTS FOR SOURCE SAMPLING AND TESTING

 To determine the exact quantity and effect of emissions produced by stationary sources, the 

Control Officer may require source stack testing, or other types of source testing including, but 

not limited to, mass balance types of analysis, be made by the operator. Alternatively, and after 

consultation with the permittee, the Control Officer may require that testing be reviewed and 

overseen by an independent third party of the Control Officer's selection to insure the quality and 

accuracy of the test results. The Control Officer may also require other types of pollutant impact 

analysis, including but not limited to, epidemiological testing of persons who may be affected by 

the operations of the source, risk assessment determinations, source or receptor modeling and 

off-site ambient pollutant level monitoring. Completion of testing may be required prior to the 

issuance or continuance of a permit to operate. The Control Officer may require that all costs of 

any testing required under this section be borne by the operator or source owner. 

030.240 A person who has been granted a Permit to Operate shall display the permit in a room or office 

on the premises which is readily accessible to air pollution control personnel for inspection or 

examination, and reasonably close to the equipment or other contrivance which is the subject of 

the permit. 

030.245 A Permit to Operate is not transferable, by operation of law or otherwise, from one location to 

another, or from one piece of equipment or process to another but may be transferred from one 

person to another upon approval of the Control Officer and payment of a transfer fee set by the 

District Board of Health. (Revised 4/22/98) 

 

 The new permit holder is entitled to use the permit until expiration at no further cost. It is unlawful 

to deface, alter, forge, counterfeit, or falsify any Permit to Operate issued by the Control Officer. 

030.250 Permits to Operate are subject to suspension or revocation for violation of these regulations. If 

the Control Officer determines that a permittee is in violation, or has had two (2) or more written 

Revocation of a Permit violations in a 365 day period, he may serve upon the permittee, at the 

address given on the Registration Application, through personal service or certified mail, a Notice 

of Suspension or to Operate, setting forth in detail the violations charged, The suspension or 

revocation becomes final and effective ten (10) days after service of the written notice and the 

Permit To Operate shall thereupon be surrendered to the Control Officer unless the permittee 

files with the Hearing Board, in writing, within ten (10) days of receipt of the notice of suspension 

or revocation pending the decision of the District Board of Health. The Hearing Board shall meet 

to hear the appeal no later than thirty (30) days after receiving the appeal. 

030.255 If a Permit to Operate is suspended, reinstatement may be accomplished by submitting to the 

Control Officer sufficient evidence for him to determine if the reason for which the permit was 

suspended has been corrected. 

030.260 If a Permit to Operate is revoked, all fees paid shall be forfeited. Reinstatement of a revoked 

permit must be accompanied by a new registration application and payment of the annual fee. In 

such cases, the date of the reinstatement becomes the annual renewal date. 

030.265 EMERGENCY TEMPORARY SUSPENSION OF PERMIT TO OPERATE

 If the Control Officer determines that the emissions or operations of a source represent a hazard 

to public health, or an imminent risk to public welfare, he may issue an emergency closure order 

or an emergency suspension of the Permit to Operate. The Control Officer's decision shall be 

based upon the best medical and scientific information available to him at the time of his 
decision. The operator of any source so ordered shall cease all emissions as soon as safely 

practicable, and shall not resume operations until the cause of the hazard or risk has been 

eliminated, and the Control Officer approves of the resumption of operations. An emergency 

closure order issued under these regulations may be immediately appealed to the District Board 

of Health, and the Board shall provide the opportunity for a hearing within three (3) working days 

of the date of the request therefore. If no hearing is provided within that time, the operator may 

immediately seek judicial review of the suspension order. 

030.270 SUSPENSION OF PERMIT TO OPERATE FOR REPEATED VIOLATIONS

 A Permit to Operate will be automatically suspended if the permittee committed five (5) or more 

violations of these regulations in a 365-day period. The suspension becomes effective ten (10) 

days after the District Board of Health has upheld the fifth violation and may not be appealed. 

The permit may be reinstated only after the Control Officer and the District Board of Health have 

received evidence that the cause of the violations has been corrected. 

030.280 SUSPENSION OF PERMIT TO OPERATE FOR FAILURE TO PAY FINES

 A Permit to Operate will be automatically suspended if the permittee fails to pay administrative 

fines levied for violations of these regulations. The suspension becomes effective 45 days after 

the District Board of Health has upheld the fine and may not be appealed. The permit will be 

reinstated only after any and all administrative fines have been paid in full. 

FEES AND FEE SCHEDULES 

030.300 EXEMPTIONS (Amended 11/16/94; Text Deleted in its entirety by DBOH 10/25/2007, Effective 

January 1, 2008) 

030.304 DUST CONTROL PLAN (Revised 4/22/98) 

Fees for the processing of dust control plans shall be set by the District Board of Health for 

projects where the area disturbed exceeds one acre. 

030.305 PLAN REVIEW (Amended 10/20/93) 

Plan review fees shall be charged for review of Authority to Construct applications. Fees for new, 

existing or modified sources shall be set by the District Board of Health. Separate fees for 

emission sources requiring Part 70 Permits under section 030.905, shall be set by the Board of 

Health. 

030.310 PERMIT TO OPERATE (Amended 10/20/93) 

Except as otherwise provided in Section 030.3101 and 030.3102, Permit to Operate fees are as 

set by the District Board of Health. The District Board of Health shall increase the permit fee rate 

each year by an amount equal to or greater than the Federal Consumer Price Index. This 

increase shall be made before the beginning of each calendar year. 

030.3101 STORAGE TANKS

The fee for stationary tanks, reservoirs or other containers of more than 40,000 gallons capacity 

containing any liquid have a Reid vapor pressure of 1.5 pounds per square inch or greater under 

conditions of storage is as set by the District Board of Health. 
030.3102 HAZARDOUS MATERIAL PROCESSES (Adopted 6/27/90, Revised 4/22/98) 

 Any operations which emit more than one pound per day of hazardous air pollutants, including 

those pollutants set forth in the National Emission Standards for Hazardous Air Pollutants and 

those substances listed in Section 030.400, shall be assessed an annual hazardous air pollutant 

emission fee set by the District Board of Health. For sources also currently requiring operating 

permits, the fees will be assessed concurrently with those operating permits. Persons performing 

asbestos removal operations under the requirements of the National Emission Standards for 

Hazardous Air Pollutants shall pay an inspection fee as set by the District Board of Health. All 

inspection fees will be assessed at the time of NESHAP notification. 

030.320 The fee for transfer of a Permit to Operate is as set by the District Board of Health. 

030.330 The cost of replacement of a lost or destroyed Permit to Operate is as set by the District Board of 

Health. 

030.335 LATE PERMIT FEE ASSESSMENT (Adopted 9/25/03) 

The owner or operator of a source who does not submit the annual permit to operate fee by the 

specified due date will be assessed a late penalty in the amount of 25 percent of the amount of the 

total fee due. The late fee must be paid in addition to the annual fee. 

TOXIC OR HAZARDOUS AIR POLLUTANTS

030.400 TOXIC AIR POLLUTANTS LISTING (Adopted 6/27/90) 

For the purpose of toxic air contaminant determinations and other definitions identifying harmful 

non-criteria air pollutants, the Board of Health adopts by reference, the listing of toxic air 

pollutants contained in the Clean Air Act amendments of 1990. 

The Control Officer may, from time to time, review and update the toxics list. Any alteration of the 

list by the Control Officer must be accompanied by a written explanation of the need for the 

change and the basis for his decision. 

030.410 NEW SOURCES EMITTING TOXIC AIR POLLUTANTS (Adopted 6/27/90) 

A. New or modified air pollution sources which emit any contaminant listed in Section 

030.400 must obtain a Permit To Operate and use the Best Available Control Technology 

(BACT) to control the contaminants emitted. The operator must then perform a risk 

assessment to determine the increased health risk associated with the emissions from the 

new facility after the BACT controls. The assessment must be performed using 

techniques specified by the Control Officer. If preliminary analysis of the application 

indicates the cancer risk will be less than one in one million and projected emissions are 

unlikely to cause adverse health effects, the Control Officer may exempt the source from 

the requirements of this section. Any exemption issued by the Control Officer must be 

documented in the source's permit file. 

B. For any source with a predicted risk exceeding one in one million after BACT controls are 

applied, additional controls must be applied to reduce the projected cancer risk to below 

one in one million before the source is granted authority to construct. 
C. For sources processing, consuming or producing but not normally emitting listed 

substances, information stating which listed substances will be found, the quantities to be 

stored or consumed and maximum potential emissions in a catastrophic release must be 

provided with the application for a permit to construct the source. 

D. For any new source required to prepare a risk analysis under the requirements of this 

section, the Control Officer shall publish a notice by prominent advertisement in at least 

one newspaper of general circulation within the District, stating the preliminary decision of 

the Control Officer. The information submitted by the source (less any data determined to 

be confidential trade secrets in accordance with Section 020.055 of these (regulations) 

will be made public. Any report of analysis made by the Control Officer reviewing these 

materials shall also be made available to the public at that time. The notice shall allow at 

least 30 days for the public to submit written comments on the preliminary decision. The 

Control Officer shall consider all public comments received during the comment period 

before taking final action on the application to construct the source or Permit to Operate. 

The costs of publication shall be borne by the applicant. 

030.420 REVIEW OF EXISTING SOURCES OF TOXIC AIR POLLUTANTS (Adopted 6/27/90) 

Existing sources of toxic air pollutants listed in Section 030.400 may be required to perform 

screening risk assessments or to demonstrate compliance with any State Of Nevada, Federal or 

District ambient pollutant standards. Any risk assessments must conform to the requirements 

established by the Control Officer. If the source's predicted cancer risk exceeds one in one 

million, fails to meet any ambient standard, or shows quantities of emissions likely to cause 

observable health effects, emissions control sufficient to reduce concentrations below these 

criteria must be applied. 

030.450 ESTABLISHMENT OF AN INVENTORY OF TOXIC AIR EMISSIONS (Adopted 6/27/90) 

The Control Officer shall establish an inventory of sources of toxic air emissions as defined in 

Section 030.400. This inventory must contain estimates of the toxic air contaminant 

contributions from all identifiable sources, including area and industrial sources. This listing shall 

be complete by September 1, 1990 and shall be updated and revised every two years. The 

information contained in this inventory is a public record. 

030.460 STRATOSPHERIC OZONE PROTECTION PLAN (Adopted 6/27/90) 

The Control Officer shall review the scientific literature and identify those contaminants deemed 

harmful to the stratospheric ozone layer. An inventory of emissions of these contaminants shall 

be prepared by September 1, 1990. The inventory must contain estimates of emissions from 

major identifiable sources including area and industrial sources. The Control Officer shall review 

the inventory and make recommendations to the District Board of Health on feasible strategies to 

reduce emissions of these substances. 

030.480 TREATMENT OF HAZARDOUS OR TOXIC WASTE MATERIALS (Adopted 6/27/90) 

Solid or liquid waste which must be treated to remove hazardous or toxic chemicals prior to 

disposal, release, or public use shall not be decontaminated by ventilation of those hazardous or 

toxic chemicals to the atmosphere. This includes, but is not limited to, waste regulated under 

RCRA (Resource Conservation and Recovery Act) or contaminated with materials designated as 

toxic under USEPA or state regulation. All emissions of these substances must pass through an 

approved control device before discharge to the atmosphere. Any operator treating these 
materials must register as an air pollution source with the Control Officer and must use the 

Lowest Achievable Emission Rate control technology (LAER) as specified in Section 030.700. 

FEDERAL NEW SOURCE REVIEW (NSR)

030.500 NEW SOURCE REVIEW (NSR) APPLICABILITY

 A major new source or major modification which would locate in an area designated as 

nonattainment for a pollutant for which the source or modification would be major shall not be 

allowed to construct unless the stringent conditions set forth below are met. These conditions 

are designed to insure that the new source's or modification's emission will be controlled to the 

greatest degree possible, that more than equivalent offsetting emission reductions ("emission 

offsets") will be progress toward achievement of the national ambient air quality standards. For 

the purposes of this part, a reconstructed source shall be treated as a new stationary source. 

Since major facility definition and requirements vary upon State and EPA area designations, a 

map (Figure 1) is included to facilitate the determination of which requirements must be met. 

030.502 REVIEW FOR EMISSION LIMITATION COMPLIANCE

 Authority to construct any new source or modification shall be denied unless the new source or 

modification meets all applicable emission requirements in the Nevada State Implementation 

Plan (SIP), all applicable Federal New Source Performance Standards, and all applicable 

National Emission Standards For Hazardous Air Pollutants. 

030.503 CONDITIONS FOR APPROVAL (Amended 7/28/93, Revised 10/25/95) 

 If a major stationary source or major modification would be constructed in an area designated as 

nonattainment for a pollutant for which the stationary source or modification is major, an Authority 

to Construct shall be denied unless the following conditions are met: 

Condition 1 The new source or modification is required to meet an emission 

limitation which specifies lowest achievable emission rate for such 

source. 

Condition 2 The applicant must certify that all existing major sources owned or 

operated by the applicant for any entity controlling, controlled by, or 

under common control of the applicant in the State of Nevada are in 

compliance with all applicable emission limitations and standards under 

the Clean Air Act (or are in compliance with an expeditious schedule 

which is federally enforceable or contained in a court decree). 

Condition 3 Emission reductions ("offsets") from existing sources in the same 

nonattainment area as the proposed new source or modification 

(whether or not under the same ownership) are required such that they 

shall not interfere with or contribute to the interference with the 

attainment of the applicable National Ambient Air Quality Standards. 

Only intrapollutant emission offsets will be acceptable (e.g. hydrocarbon 

increases may not be offset against SO2 reductions). All emission 

reductions for the purpose of offsets shall be enforceable under the 

Clean Air Act. 

 The terms of the offset emission reductions shall be specified and 
federally enforceable prior to permit issuance. 

 All offset emissions reductions shall be, by the time a new or modified 

source commences operation, in effect and enforceable and shall 

assure that the total tonnage of increased emissions of the air pollutant 

from the new or modified source shall be offset by an equal or greater 

reduction. 

 All offset emissions reductions must be obtained from decreases in 

actual emissions from the same or other sources in the area. No 

emissions reductions otherwise required by the Clean Air Act or other 

regulatory action my be credited for the purpose of meeting offset 

requirements. 

Condition 4 The emission offsets will provide a positive net air quality benefit in the 

affected area. Atmospheric simulation modeling is not necessary for 

volatile organic compounds and NOX. Fulfillment of Condition 3 and 

Section 030.504 of these regulations will be considered adequate to 

meet this condition. 

Condition 5 The applicant must perform an analysis of at least two (2) alternative 

sites for the facility, production processes, and environmental control 

techniques. This analysis must demonstrate that the benefits of the 

proposed source significantly outweigh the environmental and social 

costs imposed as a result of its location, construction or modification. 

Condition 6 The Control Officer shall also require the review of any Major Stationary 

Source or Major Modification subject to New Source Review under this 

section that may have an impact on visibility in any mandatory Class I 

Federal area. Such visibility review will ensure the source's emissions 

will be consistent with making reasonable progress toward State and 

National visibility goals. 

Condition 7 The Administrator has not made a determination that the applicable 

implementation plan is not being adequately implemented for the 

attainment area in which the proposed source is to be constructed or 

modified. 

Condition 8 The proposed major source or major modification shall not contribute to 

nonattainment in, or interfere with maintenance by, any other State with 

respect to any national ambient air quality standard, or interfere with 

measures required to be included in the applicable implementation plan 

for any other State with respect to prevention of significant deterioration 

of air quality or to protect visibility. 

 All emission limitations shall be assessed in light of the limits of "good engineering practice" on 

stack heights as specified in Section 030.614. 

 Any major stationary source or major modification commencing construction without an Authority 

to Construct shall be subject to an enforcement action. Obtaining an Authority To Construct does 

not relieve the owner from complying with any applicable local, state or federal regulation. 
At such time that a particular source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforcement limitation which was established 

after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, 

such as a restriction on hours of operation, then the requirements of regulations approved 

pursuant to this section shall apply to the source or modification as though construction had not 

yet commenced on the source or modification. All permits issued by the Control officer shall 

comply with all applicable terms of the State Implementation Plan for the non-attainment area in 

which the source is to be constructed. 

030.504 EMISSION OFFSET RATIOS (Amended 7/28/93) 

Emission reductions required under Section 030.503 shall be offset at a ratio of 1.2 to 1 when 

the offset sources are five (5) miles or less from the new source or modification. For offset 

sources that are greater than five (5) miles from the new source or modification, the applicant 

shall determine an offset ratio based on atmospheric simulation modeling or an equivalent 

method to ensure a positive net air quality benefit. In no case shall the offset ratio for source 

located greater than five miles from the proposed project be less than 1.2 to 1. Non-reactive 

organic compounds (those which are listed in 40 CFR 51.100(s)) cannot be used for offsets. 

030.505 COMPLETENESS OF APPLICATION

Following submittal by the applicant, the Control Officer shall determine whether the application 

for permit to construct is complete not later than thirty (30) calendar days after receipt of the 

application, or after such longer time as both the applicant and the Control Officer may agree. 

Such determination shall be transmitted in writing immediately to the applicant at the address 

indicated on the application if it is determined to be incomplete, the determination shall specify 

which parts of the application are incomplete and how they can be made complete. Upon receipt 

by the Control Officer of any re-submittal of the application, a new thirty (30) day period in which 

the Control Officer must determine completeness shall begin. Completeness of an application or 

resubmitted application shall be evaluated on the basis of the guideline for such, published by the 

Control Officer. After acceptance of an application as complete, the Control Officer shall not 

subsequently request of an applicant any new or additional information which was not specified in 

the Control Officer's list of items to be included within such applications. However, the Control 

Officer may, during the processing of the application, request an applicant to clarify, amplify, 

correct or otherwise supplement the information required in such list in effect at the time the 

complete application was received. Making any such request does not waive, extend, or delay 

the time limits in this section for decision on the completed application, except as the applicant 

and Control Officer may both agree. 

030.506 REQUIREMENTS FOR PUBLIC NOTICE (Amended 7/28/93, Revised 10/25/95) 

For those sources subject to Section 030.500, following acceptance of an application as 

complete, the Control Officer shall: 

A. Perform the evaluations required to determine compliance with this section and make a 

preliminary written decision as to whether an Authority to Construct should be approved, 

conditionally approved, or disapproved. The decision shall be supported by a succinct 

written analysis; 

B. Within ten (10) calendar days following such decision, publish a notice by prominent 

advertisement in at least one (1) newspaper of general circulation in the County, stating 

the preliminary decision of the Control Officer and where the public may inspect the 

information required to be made available. The notice shall provide thirty (30) days from 
the date of publication for the publication for the public to submit written comments on the 

preliminary decision; 

 C. At the time notice of the preliminary decision is published, make available for public 

inspection at the District office the information submitted by the applicant, the supporting 

analysis for the preliminary decision to grant or deny the Authority to Construct, including 

any proposed permit conditions, and the reasons therefore. The confidentiality of trade 

secrets shall be considered in accordance with Section 020.055 of these regulations; 

 D. No later than the date of publication of the notice, a copy of said notice and any 

appropriate data is to be sent to the Nevada Department of Conservation and Natural 

Resources Division of Environmental Protection, the regional planning authority of 

Washoe County, local government offices, any Indian governing body whose lands may 

be affected by facility emissions, any Federal Land Manager whose lands may be affected 

(including visibility effects) and the Regional Office of the U.S. Environmental Protection 

Agency; and 

 E. Applicant to bear cost of all public notices under this section and Section 030.508. 

 F. The Control Officer shall contact any Federal Land Manager whose lands may be affected 

for comments on the proposed project within 30 days after the application has been 

deemed complete. This shall be for the purpose of obtaining comments on the proposed 

scope of review for affected lands and species. 

030.507 COMMENTS

 The Control Officer shall consider all written comments submitted during the thirty (30) day public 

comment period. 

030.508 FINAL ACTION (Amended 7/28/93) 

 Within 180 days after acceptance of the application as complete and the completion of all 

required preconstruction monitoring and public notice periods (including those required under the 

District's Part 70 Permit regulations), the Control Officer shall take final action on the application 

after considering all written comments. The Control Officer shall provide written notice of the final 

action to the applicant, the U.S. Environmental Protection Agency, other Affected States and the 

Nevada Department of Conservation and Natural Resources and shall publish such notice in a 

newspaper of general circulation. The notice and all supporting documents shall be made 

available for public inspection during normal business hours. 

PREVENTION OF SIGNIFICANT DETERIORATION (PSD) (Revised May 24, 2007) 

SECTION A - GENERAL 

1. PURPOSE: To govern and control emissions from new large industrial air pollution sources and 

certain types of modifications to those sources which will be located in areas designated as 

attainment for pollutants for which the source is or will be a "major" emitter. This regulation is 

designed to ensure that emissions from the new source or modification will be controlled by 

implementing the "Best Available Control Technology (BACT)" as required to prevent significant 

degradation of air quality and ensure the area will continue to meet the national ambient air quality 

standards. This regulation implements the federal New Source Review PSD requirements. 
2. APPLICABILITY: This regulation (030.600) shall apply to all new major stationary sources and all 

major modifications to existing major sources which are subject to District permit requirements and 

which after construction emit or may emit one or NSR regulated pollutants. Sources to be located 

in an area within Washoe County which has been classified as nonattainment pursuant to 40 CFR 

81.329, shall also meet the applicable requirements of Regulation 030.500. In addition, this 

regulation (030.600) shall apply to the following: 

a. Any major stationary source requesting a plant-wide applicability limitation (PAL). 

b. Any major stationary source that has been issued a (PAL), but which now seeks to allow 

the PAL to expire without renewal. 

To determine if a proposed project is subject to this regulation, the applicant must determine if the 

project will result in both a significant emissions increase and a significant net emissions increase. 

Definitions for all terms necessary to make this determination are provided in 40 CFR 52.21. As an 

aid to the applicant, the following citations are provided to determine if a project will result in 

emissions increases subject to this regulation: 

a. An emissions increase or a net emissions increase for a project shall be determined by 

the procedures specified in 40 CFR 52.21 (a)(2)(iv)(b) through (d) and (f). 

b. To determine the post-project projected actual emissions from existing units, the 

procedures specified in 40 CFR 52.21 (b)(41) shall be used. 

c. To determine the pre-project baseline actual emissions, the procedures specified in 40 

CFR 52.21 (b)(48)(i) and (ii) shall be used. 

d. Emissions increases calculated pursuant to this regulation are significant if they exceed 

the significance thresholds specified in 40 CFR 52.21 (b)(23). 

e. If the project is determined not to be a major modification pursuant to the provisions of 40 

CFR 52.21 (a)(2)(iv)(b) through (d) and (f), but there is a reasonable possibility that the 

project may result in a significant emissions increase, the owner or operator shall comply 

with all of the provisions of 40 CFR 52.21 (r)(6) and (r)(7). 

SECTION B - DEFINITIONS: For the purpose of this regulation, the definitions specified in 40 CFR 52.21 (b)(1) 

through (54) shall apply, except that the term "reviewing authority" as used in 40 CFR 52.21 shall mean the Washoe 

County District Health Department, Air Quality Management Division. 

1. An NSR regulated pollutant means any pollutant for which a NAAQS has been established by EPA 

and for which Washoe County air basins or other portions of the county have been classified as 

attainment, as indicated in 40 CFR 81.329. 

SECTION C - STANDARDS: The following standards shall apply: 

1. Upon the adoption of this regulation, the District adopts the requirements of 40 CFR 52.21 (as it 

existed on July 1, 2006) by reference and incorporates those requirements into this regulation. 

2. The incorporated requirements of 40 CFR 52.21 shall apply to all sources and projects which meet 

the applicability requirements of this regulation. 
3. Compliance with the requirements of 40 CFR 52.21 shall be required for any Authority To 

Construct, Operating Permit, or a revision of a Permit to Operate issued to sources and facility 

modifications subject to this regulation. 

4. The following shall apply to any Authority To Construct permit issued under these regulations: 

a. For all sources subject to this regulation as defined by 030.600 A(2), an Authority to 

Construct shall be required to construct, erect, alter or replace any equipment which may 

cause, potentially cause, reduce, control or eliminate the issuance of air contaminants. A 

single Authority to Construct may be issued for all components of an integrated system or 

process. Plans and specifications drawn in accordance with acceptable engineering 

practices shall be required before issuance of an Authority to Construct. All modifications, 

which are major modifications as defined in this regulation, shall require an Authority to 

Construct permit prior to commencing construction. 

b. An Authority to Construct is not required for the performance of routine repairs and 

maintenance. This includes maintenance prescribed by the manufacturer, replacement of 

worn or broken components with like equipment, etc. 

SECTION D - ADMINISTRATIVE REQUIREMENTS: In addition to the requirements of 40 CFR 52.21 , the following 

additional administrative requirements shall also apply: 

1. PUBLIC NOTICE: The Control Officer shall send a copy of the public notice for any proposed 

agency action regarding the application and any draft permit, to the applicant, the EPA regional 

administrator and the following officials and agencies having jurisdiction over the location where 

the proposed construction would occur: 

a. The City or County Manager where the proposed source or modification would be located; 

b. Any local and regional planning agencies; and 

c. Any state or federal land manager or Indian governing body whose land may be affected 

by emissions from the source or modification. 

The Applicant is to bear cost of all public notices under this regulation. 

2. PUBLIC HEARING: The Control Officer shall hold a public hearing on an application for a permit in 

the vicinity of the proposed source or modification if she/he receives such a request during public 

comment and deems a hearing to be in the public interest. At such a public hearing, the applicant 

and members of the public may submit any information relating to the application and the air quality 

impacts of the proposed operations described in the application. If a hearing is to be held, the 

Control Officer shall notify the public 30 days prior to the hearing by advertisement in a newspaper 

of general circulation in the region where the proposed source or modification would be 

constructed, of the date, time and place for the hearing. 

3. BUILDING PERMIT ISSUANCE: No local government authority within the Health District may issue 

a building permit to any person who wishes to operate, construct, establish, or relocate or modify 

any stationary source which requires an Authority To Construct or permit to operate until the 

Authority to Construct or Permit to Operate has been issued by the Control Officer. 

SECTION E - COMPLIANCE AND RECORDS: In addition to the requirements of 40 CFR 52.21, the following 

additional compliance and record requirements shall also apply: 
1. RECORD REQUIREMENTS: All records required by Sections 030.600 A through 030.600 E shall 

be maintained at the site of the facility by the operator for a period of at least 5 years. All required 

records shall be provided to the Control Officer upon request. 

2. COMPLIANCE DEMONSTRATIONS: The Control Officer may require the operator of a source to 

provide any applicable data to demonstrate compliance with the conditions of the Authority to 

Construct and/or Permit to Operate. Requested data must be provided in a timely manner, as 

specified by the Control Officer. Failure to provide this data constitutes a violation of the conditions 

of the Authority to Construct and/or Permit to Operate, and the affected source will be subject to a 

citation under these regulations, suspension of their Permit to Operate or both. 

3. PUBLIC NOTICE RECORDS: The Control Officer shall maintain all notice of decisions, any public 

notice issued, or comments received for a period of 5 years from the time of issuance or denial of 

any permit issued or denied under the requirements of Sections 030.600 A through 030.600 E. 

4. COMPLIANCE WITH OTHER RULES, LAWS AND STATUTES: Obtaining an Approval to 

Construct or a permit to operate shall not relieve any owner or operator of their responsibility to 

comply with applicable provisions of the Nevada State Implementation Plan and any other 

requirements under local, state or federal law. 

WASHOE COUNTY 

CONTROL TECHNOLOGY REQUIREMENTS (LAER & BACT) 

030.700 LOWEST ACHIEVABLE EMISSION RATE CONTROL TECHNOLOGY REQUIREMENTS

(Adopted 12/88, Revised 10/25/95) 

 GENERAL

The Control Officer shall deny an Authority to Construct for any unit or units of a stationary 

source which fails to meet the applicable requirements of Subsection (A) or (B) of this section. 

Subsection (C) applies to existing sources required to mitigate emissions by adding additional 

control equipment. For the purposes of this section, lowest achievable emission control 

technology means the more stringent of: a) the most effective control technique which has been 

achieved in practice; or b) the control technique which will result in the achievement of the most 

stringent emissions limitation in effect, which the EPA certifies is contained in the implementation 

plan of any state for such class or category of source, unless the owner or operator of the 

proposed source demonstrates that such control techniques are not available (i.e. that such 

emissions limitations are not presently achievable). No control technique, the application of 

which would result in emissions from a new or modified source greater than the amount allowable 

under the applicable new source performance standards, may be considered to be the lowest 

achievable emission control technology. Final determination of the qualifications of a pollution 

control system to meet lowest achievable control technology requirements shall be made by the 

Control Officer. 

A. New Stationary Sources 

 The Control Officer shall deny an Authority to Construct for any unit or units constituting a 

new stationary source if the source will emit more than a total of 125 pounds per day of 

Nitrogen Oxides, Organic gasses, or any contaminant for which there is a National 

Ambient Air Quality Standard, unless the applicant shows that the source is constructed 

using the lowest achievable emission control technology. If the Control Officer determines 

that the amount and type of pollutant may constitute a danger to public health, the use of 
lowest achievable emission control technology may be required at emission rates of 125 

pounds per day or lower. 

 B. Modifications to Existing Stationary Sources 

 The Control Officer shall deny an Authority to Construct for any modification of any 

existing stationary source if the modifications will result in net emissions of more than a 

total of 125 pounds per day of Nitrogen Oxides, Organic gasses, or any contaminant for 

which there is a National Ambient Air Quality Standard, unless the applicant shows that 

the source is constructed using the lowest achievable emission control technology. If the 

Control Officer determines that the amount and type of pollutant may constitute a danger 

to public health, the use of lowest achievable emission control technology may be 

required at emission rates of 125 pounds per day or lower. 

 C. Any existing source or category of sources that is required by the Board of Health to be 

modified so that their processes meet lowest achievable emission control technology 

standards shall have 60 days to submit plans for construction of the additional control 

equipment required under these regulations, and an additional time period to complete 

that construction, and to have the control equipment operational, as determined by the 

Control Officer. 

D. Phased Construction of Sources 

 Any source or modification which is planned to be constructed in phases shall review the 

requirements of LAER for changes at least 18 months prior to beginning construction on 

the next phase. 

030.750 TECHNOLOGY REQUIREMENTS FOR SOURCES EMITTING BETWEEN 10 AND 125 

POUNDS PER DAY (BACT) (Adopted 3/25/92) 

Best Available Control Technology (BACT) shall be applied to all new stationary sources or 

existing sources undergoing modification with potential daily emissions between 10 and 125 

pounds of any criteria pollutant. For existing sources, BACT will only be required for the unit or 

group of units being modified. Failure to apply BACT shall result in denial of the Authority to 

Construct permit by the Control Officer. 

GEOTHERMAL FACILITIES-CONSTRUCTION/OPERATION 

Regulatory Intent - The intent of Sections 030.002, 030.004, and 030.800 is to regulate air pollution emissions from 

geothermal sources. 

030.800 GEOTHERMAL FACILITIES-CONSTRUCTION/OPERATION (Adopted 4/89) 

Notwithstanding the source registration requirements of the District rules, the Control Officer shall 

issue an Authority to Construct, or other required documents, to any geothermal facility which 

meets the applicable criteria and utilizes the Best Available Control Technology (BACT). For 

geothermal facilities whose closest emission point is located at the following distances from a 

residential dwelling(s), so designated at the time of construction, the following parts, listed below, 

shall apply: 

For geothermal facilities from 0 to 1.0 kilometers, parts A, B, C, and D shall apply. 

For geothermal facilities from 1.0 to 5.0 kilometers, parts C, D, and E shall apply. 
 For geothermal facilities greater than 5.0 kilometers, parts C and D shall apply. 

 A. Power plants and geothermal fluid transmission lines shall limit, on a continuous basis, 

the hydrogen sulfide emission rate to no more than 5.5 pounds per hour (2.5 kg/hr.) or 25 

g/hr/GMW, whichever is less. For sources constructed prior to January 1, 1989, the 

emission limitation shall be a maximum of 5.5 pounds per hour for the entire facility. 

 B. Geothermal stacking emissions limitations for hydrogen sulfide: After January 1, 1991, no 

geothermal facility shall emit hydrogen sulfide at an hourly rate which is greater than the 

permitted hydrogen sulfide emission rate for that facility's associated power plant. 

 C. In the judgment of the Control Officer, the facility must be able to readily show compliance 

with all other rules and regulations limiting emissions of contaminants other than hydrogen 

sulfide. 

 D. For any proposed new facilities after July 1, 1989, the power plant operator and the steam 

supplier shall jointly, or if the same entity, singularly, develop a proposed written plan to 

limit geothermal steam stacking emissions. The proposed plan incorporating the Best 

Available Control Technology (BACT), shall be submitted with the power plant application 

for authority to construct(s) prior to the District Health Department considering the 

application(s) complete for district permitting or preparation of a determination of 

compliance process. The plan shall: (a) identify the specific technology(ies) proposed to 

control said emissions; and (b) provide operating procedures for the emissions control 

system(s), clearly specifying the respective duties of the power plant operator and steam 

supplier. Upon approval by the Control Officer, the plan shall be incorporated in the 

authority to construct(s), the determination of compliance, and permit(s) to operate for the 

power plant and geothermal fluid transmission line. 

 E. Emissions from power plants and geothermal fluid transmission lines shall not exceed 

12.5 pounds per hour or 100 g/hr./GMW of hydrogen sulfide, whichever is more 

restrictive. 

PART 70 PERMITTING REGULATIONS (Federal CAAA)

030.900 PART 70 PERMITTING REGULATIONS (Adopted 10/20/93) 

 Title V of the Act requires the issuance of special operating permits for certain classes of air 

pollution sources. Sections 030.900 to 030.990, inclusive, establish the regulations under which 

such permits shall be issued. Sources obtaining a Part 70 operating permit satisfy the 

requirements of section 030.200 of the District regulations and do not need to obtain an 

additional operating permit. Compliance with the provisions of the Part 70 permit shall not, of 

itself, be deemed as compliance with the provisions of the Act. Unless otherwise specified in 

sections 030.900 to 030.990, inclusive, sources obtaining a Part 70 operating permit shall comply 

with all applicable District regulations. 

 These regulations for issuance of Part 70 permits become effective on the date the EPA 

Administrator issues an approval for Washoe County's regulations. All existing sources subject to 

Part 70 regulations shall apply for permit within six months of the initial EPA program approval 

date. This requirement shall apply even if the EPA issues a partial or interim approval. No source 

subject to Part 70 permits may operate after the time it is required to submit a timely and 

complete application except in compliance with a Part 70 permit. A source which has submitted a 
complete application with timely updates as required by the Control Officer shall not be held in 

violation of any requirement to hold a Part 70 Permit until after the Control Officer takes final 

action on the application. 

 Sources not subject to Part 70 permits shall be exempted from Sections 030.900 to 030.990, 

inclusive. 

030.905 SOURCES REQUIRING PART 70 PERMITS (Adopted 10/20/93, Revised 10/25/95) 

A. Sources Required to Obtain a Part 70 Permit 

 The following sources and source categories shall be subject to Part 70 permitting: 

 1. Any Major Stationary Source; 

 2. Any source, including area sources, subject to a standard, limitation or other 

requirement under section 111 (New Source Performance Standards) of the Act; 

 3. Any source, including an area source, subject to a standard or other requirement 

under section 112 (Hazardous Air Pollutants) of the Act. However, a source which 

is subject to regulations or requirements only under section 112(r) of the Act shall 

not be required to obtain a permit; 

 4. Any source that includes one or more units subject to Title IV (Acid Rain) of the 

Act; 

 5. Any source in a source category designated by the EPA Administrator pursuant to 

40 CFR Part 70. 

B. Exemptions 

 The following sources and source categories shall be exempted from Part 70 permit 

requirements: 

 1. Any source subject to this regulation solely because it is subject to 40 CFR Part 

60, subpart AAA, Standards of Performance for New Residential Wood Heaters. 

 2. Any source subject to this regulation solely because it is subject to 40 CFR Part 

61, subpart M, National Emission Standards for Hazardous Air Pollutants for 

Asbestos, Standards for Demolition and Renovation. 

 3. Insignificant Emission Levels 

 Sources with the potential to emit less than an annual average of two (2) pounds 

per day of any criteria pollutant or less than one (1) pound per day of any 

hazardous air pollutant on a facility wide basis are exempted from all part 70 

permitting requirements. Such sources may still be required by the Control Officer 

to obtain a non-Part 70 operating permit under District regulations. No source 

which is itself subject to an applicable requirement may qualify as an insignificant 

source. 

 4. All Dry Cleaning operations with the potential to emit less than ten (10) tons per 

year of any criteria or hazardous air pollutant shall be exempted for a period of five 
(5) years from the initial EPA Part 70 program approval date unless required to 

obtain a permit under Section 030.905(A) (5). 

 5. All sources which would be subject to Part 70 permits under Section 030.905 (A)

which are not major sources, affected sources or solid waste incineration units 

subject to permitting under section 129(e) of the act, are exempt from 

requirements to obtain a Part 70 permit for a period of 5 years from the date of 

EPA approval of the Washoe County Part 70 permit program. 

 6. Sources may seek exempt status by limiting facility emissions to levels below 

those defined for a major source as provided in Section 010.090, part D 

(prohibitory status) and part E (Synthetic Minor sources). 

C. Sources Which Must be Permitted by the State of Nevada 

 Any facility whose principal business is to generate electricity using steam derived from 

the burning of fossil fuels must obtain any necessary Part 70 permit(s) from the State of 

Nevada. 

030.910 PART 70 PERMIT STANDARDS (Adopted 10/20/93, Revised 10/25/95) 

 Part 70 Permits issued under these regulations shall be good for a period of five (5) years. The 

Control Officer shall conduct compliance inspections and review the compliance status of the 

facilities at least annually. 

 Permit to Operate fees shall be collected annually, and shall be due each year on the anniversary 

of the date the permit was issued. Failure to pay annual permit fees may result in citations, 

suspension or revocation of the Part 70 permit. 

 Any Part 70 permittee or permit applicant must submit any previously unknown, supplementary or 

corrected information upon becoming aware of any failure to submit relevant facts or the 

submittal of incorrect information. The permitee shall also notify the Control Officer of any change 

in operations or change in applicable requirements. 

030.920 PART 70 PERMIT APPLICATION PROCESS (Adopted 10/20/93) 

A. General 

 The owner or operator of each source required under 030.905 to obtain a Part 70 permit 

shall make application for a permit in a timely manner as required under these 

regulations. 

 Any existing sources that submit complete applications for initial permit issuance or 

renewal within the specified submission deadlines, and provide timely updates, including 

submission of any additional information requested in writing by the Control Officer within 

the time frame allowed, shall not be held in violation of operating without a permit during 

the time the application is being processed. 

 Part 70 permits shall allow for alternative operating scenarios. It shall be the responsibility 

of the source seeking permits to identify those alternative scenarios. If the scenarios meet 

all applicable requirements and District regulations, the alternative operating scenarios 

shall be included in the permit. 
 Fugitive emissions from a part 70 source shall be reported and included in the permit 

application and part 70 permit in the same manner as stack emissions. 

B. New Permit Issuance, Renewals or Existing Permit Modifications 

 The Control Officer shall establish standard application forms and procedures for 

obtaining Part 70 permits. The design of these forms shall meet the content requirements 

of 40 CFR Part 70.5 (c). The applicant must provide all necessary information for the 

evaluation and permitting of the source as required by the Control Officer in a timely 

manner including information required after the application is deemed complete. The 

applicant must also identify any alternative operating scenarios under which the facility 

should be permitted. Applications for permit revision need only address the information 

related to the proposed change. Any application must be certified by a responsible official. 

 Within 30 days of the receipt of a Part 70 Permit application, the Control Officer shall 

make a determination as to the completeness of the application. If no completeness 

determination has been made by the Control Officer within 60 days of receipt of the 

application, the application shall be deemed complete by default. If the application is 

deemed incomplete, the Control Officer shall notify the applicant in writing within ten (10) 

days of his determination. The notification shall state the additional items or information 

needed to take final action on the permit. A completeness determination shall be required 

for all permit applications except for those addressing minor permit modifications. 

 Within 12 months of the receipt of a complete application the Control Officer shall: 

 1. Issue a draft permit or modification for the proposed operations; or 

 2. Deny the permit application or modification. 

 If no objections from the EPA Administrator are received within the allotted 45 day review 

period, and all required 30 day affected state and public comment periods have been 

completed, the Control Officer shall take final action on any draft permit within 12 months 

of the receipt of a complete application. If, at the end of one year, the required review and 

comment periods have not been completed, final action on the permit shall be issued as 

soon as practical after these periods have been completed but not later than 18 months 

after a complete application has been received. A copy of all final permits shall be sent to 

EPA. 

 All new sources subject to Part 70 permitting must obtain an Authority to Construct prior to 

commencement of construction under District regulation 030.002. A complete application 

for Authority To Construct/Permits to Operate must be submitted at least 12 months prior 

to commencement of operations. 

 Any existing sources which have not previously been subject to Part 70 permitting but 

become subject due to any increase in facility emissions shall submit a complete 

application for Authority To Construct/Permit to Operate at least 6 months prior to 

commencing construction or changing plant operations. 

 Any existing sources which have not previously been subject to Part 70 permitting but 

become subject due to regulation changes or for any other reason, shall submit a 

complete application for Permit to Operate within 6 months after the change which makes 

them subject takes place. 
 Sources subject to Phase II acid rain permits under 40 CFR Part 72, must make 

application for the phase II acid rain portion of their Part 70 permits by January 1, 1996 for 

sulfur dioxide and by January 1, 1998 for nitrogen oxides. The Control Officer shall take 

final action on these Phase II applications within 18 months of receipt or no later than 

December 31, 1997 for initial Phase II permits. 

C. Renewal of Permits 

 All sources seeking renewal of expiring Part 70 permits must submit a written application 

for renewal at least six (6) (but not more than 12 months) prior to expiration. Payment of 

application review fees as well as all necessary supplemental information and standard 

forms as required by the Control Officer must accompany the permit renewal application. 

If the Part 70 permit expires without the source submitting a timely and complete renewal 

application, or the applicant fails to submit any requested additional information by the 

specified deadline, the source's right to operate terminates. If a Part 70 source submits a 

timely and complete application and the District fails to renew the Part 70 operating permit 

in a timely manner, the terms and operating conditions of the former Part 70 permit will 

remain in full force and effect until the District takes final action on the application. 

 The procedures for completeness review and processing shall be the same as specified 

under 030.920 (B), for new applications. The requirements for public, affected state and 

EPA notice shall be the same as for initial permit issuances. All procedures for EPA 

permit veto and public judicial appeal shall be the same as for initial permit issuance. 

030.930 PART 70 PERMIT PUBLIC NOTICE (Adopted 10/20/93, Revised 10/25/95) 

A. Permit Issuance and Modification 

 Public notice shall be given of any Part 70 draft permit addressing an initial permit 

issuance, renewal or significant permit modification. Such notice shall be made in a 

newspaper of general circulation within Washoe County and by mailing notice to persons 

on a list which shall be developed for such Part 70 notifications, or by other means if 

necessary to assure adequate notice to the affected public. At least 30 days shall be 

allowed for public comment under such notifications. The public notice shall include the 

following: 

 1. The name and address of the applicant and identification of the affected facility; 

 2. The activities involved in the permit action; 

 3. The emission changes involved in any permit modification; 

 4. The address of the District Health Department and the name and phone number of 

a person from whom additional information on the draft permit may be obtained, 

including copies of the draft permit, the application, reports on the basis of the 

permit conditions, and relevant supporting materials; 

 5. A brief description of the procedures for making comment, including any deadlines 

for making such comment; 

 6. A brief description of the procedures for requesting a Public Hearing on the draft 

permit or the date, time and location for such a hearing if one has been scheduled. 
 The Control Officer shall keep records of the commentors and the issues raised during the 

public participation process. 

 The Control Officer shall grant a public hearing to address any germane objections made 

during the Part 70 application review process, upon request from the affected members of 

the general public. Any public hearing will be noticed at least 30 days in advance. 

030.940 PART 70 PERMIT ISSUANCE (Adopted 10/20/93) 

A. Affected States Review 

 The Control Officer shall provide notification of any draft permit to any affected state, 

including minor permit revisions, for comment and review. The Control Officer shall allow 

at least 30 days for review by affected states. The affected state review period shall begin 

on or before the time that notice is provided to the public. The Control Officer shall 

address the recommendations of the affected state, and shall give, in writing to the 

affected state and to EPA, the reasons for the rejection of any recommendation made by 

an affected state. 

B. EPA Review 

 The Control Officer shall provide notification of any draft permit action to the EPA 

Administrator and allow 45 days for comment and review as specified in 40 CFR part 

70.8. The notice shall include a copy of the proposed permit, the application, reports on 

the basis of the permit conditions, and necessary supporting materials. If agreed upon by 

the Control Officer and EPA, a summary of the application and other materials may be 

provided in lieu of the specific items noted above. If any changes are made to the 

proposed permit, an additional 45 day review period shall be provided for EPA review. No 

permit shall be issued if the EPA Administrator objects to any provisions of the proposed 

permit within the 45 day review period. If any necessary information has not been 

included in the notice packet, EPA may request such information and the 45 day review 

period will begin when such information is received. If the Administrator objects to the 

permit after the 45 day review period has expired, but before the final permit has been 

issued, the Control officer must address these objections before the final permit can be 

issued. 

 If the Control Officer fails to revise and submit a proposed permit within 90 days in 

response to objections from the EPA Administrator, the Administrator may issue or deny 

the permit in accordance with the Act. If no objections to the draft permit are raised by the 

EPA Administrator within the 45 day review period, the Control Officer may issue the 

permit in its final form. 

C. Appeals of the Final Permit 

 Any person may petition the EPA Administrator within 60 days after the expiration of the 

Administrator's 45 day review period. The objections must be based on grounds raised 

during the public comment process under section 030.930, unless it was impracticable to 

raise such objections or new grounds arise. 

 The applicant or any person who participated in the public comment process may petition 

the District Board of Health concerning any final permit action within 30 days of such 

action. Such appeals will be heard first by the Air Pollution Control Hearing Board and 

shall be scheduled for hearing within 30 days after the appeal has been made. Any 
persons appealing final permit actions may submit their petitions to the District Court for 

judicial review after appeals to the Air Hearing Board and District Board of Health have 

been exhausted. Any appeal to District Court for judicial review must be made within 90 

days of the final permit action as per section 020.010 of these regulations, unless it can 

be demonstrated that the petition is based solely on new grounds arising after the date for 

judicial review. Any appeal based on new grounds must be filed within 90 days after such 

new grounds arise. 

 If the District fails to issue or deny a Part 70 permit within 18 months of the receipt of a 

complete application, this shall be treated as a final permit action solely to allow for 

judicial review by the applicant or any person who participated in the public comment 

process under Section 030.930. 

030.950 PART 70 PERMIT MODIFICATIONS (Adopted 10/20/93) 

A. General 

 Part 70 permits may be modified to reflect changes in operation, procedure, ownership or 

other provisions as necessary. Nothing in these regulations shall limit the obligation of the 

applicant to obtain an Authority To Construct permit under District regulation 030.002 prior 

to commencement of construction. Sources seeking such changes must make application 

to the Control Officer and follow the appropriate procedures as specified in this regulation. 

In general, administrative changes cover minor changes such as change of ownership or 

personnel; minor permit changes cover a limited number of items addressing operating 

conditions or emissions; and significant modifications cover substantial changes to the 

plant equipment or emissions. Specific details are addressed below. 

 Where an existing Part 70 permit would prohibit some construction or change in 

operations, the source proposing a change which would violate that prohibition must 

obtain a permit revision before commencing operation. 

 The Control Officer shall establish standard forms for permit modification requests in 

accordance with 40 CFR Part 70.7. Fees for administrative, minor and significant Part 70 

permit modifications shall be established and set by the Board of Health. 

B. Changes not Requiring a Part 70 Permit Revision 

 Changes to the operation of sources may be made without a permit revision if the 

changes comply with the provisions of Section 030.950 (B) parts 1 and 2 (below). 

However, no changes subject to regulation under Title IV of the Act, that violate 

applicable requirements, or that are prohibited by federally enforceable permit terms or 

conditions that are monitoring (including test methods) record keeping, reporting, or 

compliance certification requirements shall be allowed without a revision of the Part 70 

permit. 

 1. Section 502 (b)(10) Changes 

 Changes in the operation of a source, which contravene express permit terms but 

do not exceed the allowable emissions stated in the permit (either as a rate of 

emissions or in terms of total emissions) of that source and are not modifications 

under any provision of Title I of the Act, may be made without a permit revision. 

 2. Provisions for Emissions Trading 
 The Control Officer shall, if requested by an applicant, issue permits that contain 

terms and conditions allowing for the trading of emissions increases and decreases 

in the permitted facility solely for the purpose of complying with a federally 

enforceable emissions cap that is established in the permit independent of 

otherwise applicable requirements. 

 The emissions trades must be quantifiable, enforceable, have replicable 

procedures, may not exceed the allowable emissions stated in the permit (either as 

a rate of emissions or in terms of total emissions) of that source, must not be 

modifications under any provision of Title I of the Act, and must comply with all 

applicable requirements. 

 3. Reporting Requirements 

 Any changes in the operation of the source made under parts 1 or 2 of these 

operational flexibility provisions must be noticed, in writing, to the Control Officer 

and to the EPA Administrator at least seven (7) days prior to enactment. The 

source and the Control Officer shall attach a copy of each notice to their copy of 

the relevant permit. Any such required written notice shall include: 

 a. A brief description of the proposed change to the permitted facility; 

 b. The date on which the change will occur; 

 c. Any change in the type, rate or concentration of emissions; 

 d. Notation of any permit term or condition which will no longer be applicable 

as a result of the change or any applicable requirement that would apply as 

a result of the change. 

 e. For emissions trades, a description of how the increases and decreases in 

emissions will comply with the terms and conditions of the permit. 

C. Administrative Part 70 Permit Changes 

 Administrative permit changes shall be for the purpose of: 

 1. Correcting typographical errors; 

 2. Identifying change in the name, address or phone number of any person identified 

in the permit; 

 3. Requiring more frequent monitoring or reporting by the permittee; 

 4. Allowing for a change in ownership or control, but only if a written agreement 

containing a specific date for transfer of permit responsibility, coverage and liability 

between the current and new permittee has been submitted and the Control Officer 

determines that no other change in the permit is necessary. 

 The Control Officer shall take final action within 60 days of receipt of any request for an 

administrative permit change. The permittee may implement an administrative change 

immediately upon submission of the request. No notice to the public or affected states 
shall be provided. A revised copy of the permit shall be submitted to the EPA 

Administrator. 

 Administrative permit amendments relating to any portion of any permit subject to Title IV 

of the act shall be governed by regulations promulgated under Title IV of the Act. 

D. Minor Part 70 Permit Changes 

 Minor permit changes shall be only for those permit modifications that: 

 1. Do not violate any applicable requirement; 

 2. Do not involve any significant changes to existing monitoring, reporting or record 

keeping requirements in the permit; 

 3. Do not require or change a case-by-case determination of an emission limitation or 

other standard or a source specific determination for temporary sources of ambient 

impacts, or a visibility or increment analysis; 

 4. Do not seek to establish or change a permit term or condition for which there is no 

corresponding underlying applicable requirement and that the source has assumed 

to avoid an applicable requirement to which the source would otherwise be subject. 

Such terms and conditions include: 

 a. A federally enforceable emissions cap assumed to avoid classification as a 

modification under any provision of Title I of the Act; 

 b. An alternative emissions limit approved pursuant to regulations 

promulgated under section 112 (i)(5) of the Act; 

 

 5. Are not modifications under any provision of Title I of the Act. 

 The Control Officer shall provide notification to EPA and affected states of any proposed 

minor permit modifications within five (5) working days of the receipt of a complete 

application. The notice to EPA shall include all applications except those belonging to 

types which EPA agrees to waive. 

 Within 90 days of the receipt of a complete application for a minor permit modification or 

15 days after the EPA Administrator has completed the 45 day review period allowed for 

under 030.940 (B) (whichever is later), the Control Officer shall take one of the following 

actions: 

 1. Issue the permit modification as proposed; 

 2. Deny the permit modification; 

 3. Determine that the requested modification does not meet the minor permit 

modification requirement criteria and that it should be reviewed as a 

significant modification; 

 4. Revise the Draft permit modification and transmit to the EPA Administrator 

the new proposed permit modification. 
 The source may implement the proposed change on receipt of the modified permit from 

the Control Officer. 

E. Significant Part 70 Permit Changes 

 All changes to a permit that require a permit modification which cannot be considered as 

administrative or minor must be evaluated through a significant permit modification. All 

significant changes in monitoring permit terms or conditions and every relaxation of 

reporting or record-keeping permit terms or conditions shall be considered significant. 

 All significant permit modifications shall meet all the requirements of initial permit issuance 

as specified in these regulations, including those for application forms, public participation, 

review by affected states and review by EPA but the application need only address 

information related to the proposed change. The Control Officer shall take final action on 

significant permit changes within nine (9) months of the receipt of a complete application. 

 No changes covered under a significant permit modification may be implemented by the 

source without an Authority To Construct permit if such authorization is required under 

Regulation 030.002. The source must submit a complete application at least nine (9) 

months prior to the time it intends to implement the change. (Revised 10/25/95) 

030.960 PART 70 PERMIT OPERATING CONDITIONS (Adopted 10/20/93) 

A. General 

 The Control Officer shall establish terms and conditions of operation for each Part 70 

permit issued. Such terms and conditions shall be designed to ensure compliance with all 

federal "applicable requirements" and any applicable District regulations. 

 All permit terms and conditions established by the Control Officer must be identified on 

the permit as to the origin and authority for each item and whether or not each is an 

applicable requirement. Terms and conditions which are not required by the Act or its 

applicable requirements shall be designated as not federally enforceable. All terms and 

conditions of a Part 70 permit shall be enforceable by the Control Officer and citizens 

under the provisions of the Act. The Control Officer shall make allowance for alternative 

operating scenarios at permitted facilities 

B. General Permits 

 The Control Officer shall establish procedures for granting operations under general Part 

70 permits and establish the categories of sources for which such permits will be granted. 

General permits may be issued for numerous and similar sources and shall be 

established after completing all required notice and opportunities for public participation, 

EPA and affected state review required under Sections 030.930 and 030.940. 

 Sources belonging to a category for which a "general" permit has been approved may 

request to be granted a Part 70 permit to operate under these provisions by submitting an 

application. Such applications must include all applicable information as specified in 

030.020. No additional public comment will be provided for when operation under a 

general permit is granted. Any general permit shall comply with all applicable 

requirements as defined in Section 010.0135 and shall identify criteria by which sources 

may qualify for the general permit. Affected sources may not be issued general permits. 

Permit holders operating under a general permit may be subject to enforcement action if it 
is later determined that they do not qualify for operation under that general permit. 

Granting operation under a general permit does not qualify as a final action for purposes 

of judicial review. 

C. Operating Permit Conditions 

 The Control Officer shall establish requirements as necessary to ensure that all permit 

terms, conditions, alternative operating scenarios and/or provisions for trading emissions 

increases and decreases within the facility comply with all applicable requirements of the 

Act. 

 All Part 70 permits shall contain the following terms and conditions of operation: 

 1. Requirements that the source must comply with all conditions of the Part 70 permit 

and any applicable requirements of the Act. 

 2. Notice that failure to comply constitutes a violation of the Act and is grounds for 

enforcement actions; for permit termination, revocation and re-issuance, or 

modification; or for denial of a permit renewal application. Notification that any filing 

by the permittee for any permit modification, notice of planned non-compliance or 

other planned changes do not stay the conditions of the permit. 

 3. Emissions limitations and standards, including operational requirements, emission 

rate limits or pollutant concentration limits that assure compliance with all 

applicable requirements at the time of permit issuance. Where an applicable 

requirement is more stringent than a requirement of the acid rain program, both 

requirements are federally enforceable and shall be incorporated into the permit. 

 4. Provisions for alternative operating scenarios as identified by the source in its 

application and as approved by the Control Officer. Such alternative operating 

terms shall provide that the source maintain contemporaneous records of which 

operating scenario they are operating under together with the times and dates for 

which any changes in operating scenarios are made. 

 5. Provisions for trading emissions increases and decreases within the facility to the 

extent the applicable requirements provide for such trading if requested by the 

source in its application and approved by the Control Officer. 

 6. Provisions for inspection and entry (as provided for under 020.0201), reporting, 

monitoring, record keeping and data collection required under the applicable 

requirements and sufficient to demonstrate compliance with permit terms and 

conditions. All methods for the collection of such data shall be specified in the 

permit including the time periods for data, any necessary supporting information 

concerning data collection and requirements for timely submission of reports to the 

District (not to exceed six (6) months or more often if required by an applicable 

requirement or the Control Officer). These reports should include any required 

monitoring information and indicate all instances of deviations from permit 

requirements. Where the applicable requirement does not require periodic testing 

or monitoring, periodic monitoring sufficient to yield reliable data representative of 

the source's compliance with the permit shall be required. Permit to operate 

conditions would include requirements concerning the use, maintenance and, 

where appropriate, the installation of monitoring equipment or methods. These 

monitoring requirements shall assure use of terms, test methods, units averaging 
periods and other statistical conventions consistent with the applicable 

requirement. All required data and supporting information shall be retained by the 

source for a period of at least five (5) years. Supporting information shall include all 

calibration and maintenance records, strip charts, dates, places and times of 

sampling, the date the analysis were performed and by whom, the analytical 

techniques and results of the analyses, the operating conditions at the time of 

sampling, and any reports required by the permit. Copies of such records shall be 

furnished to the Control Officer upon request, and if confidential, provided to 

directly to EPA on request with a claim of confidentiality. 

 7. Requirements for prompt reporting of any deviations from the permit terms and 

conditions, including those due to emergency upset conditions, in accordance with 

District regulations 020.075 and 020.076. 

 8. Requirements that any document submitted under a Part 70 permit contain a 

certification of the truth, accuracy and completeness of the compliance statement 

by a responsible official, and that all certifications are based on information and 

belief formed after a reasonable inquiry. (Revised 10/25/95) 

 9. Provisions to allow automatic reopening of permits to enforce future provisions of 

the Act promulgated after permit issuance. Such newly promulgated federal 

standards shall be incorporated into any permit with three or more years remaining 

before renewal. 

 10. Notice that the Part 70 permit may be reopened and revised for cause under 

District regulation 030.960 (D). Notice that the permit is subject to termination, 

revocation and re-issuance or modification for cause under these regulations. That 

data necessary to determine if cause exists for such reopening shall be submitted 

to the Control Officer upon request in a timely manner as specified by the Control 

Officer in writing. 

 11. A severability clause to ensure the continued validity of various permit terms and 

conditions in the event of a challenge to any portion of the permit. 

 12. Notice that the permit does not convey any property rights of any sort or any 

exclusive privilege. 

 13. Notice that failure to pay any fines, fees or other approved charges from the 

District may result in enforcement action or termination of the permit or both. 

 14. Requirements that sources subject to Part 70 permits shall submit to the permitting 

authority and EPA a compliance plan signed by a responsible official. Submission 

of the annual compliance plan shall be due each year on anniversary of the date of 

issuance or more frequently if specified in an applicable requirement. The 

compliance plan shall be in conformance with the provisions of Section 030.970 of 

District regulations. 

 15. It shall not be a defense for a permittee in an enforcement action that it would have 

been necessary to halt or reduce activity to maintain compliance. 

D. Permit Reopenings 
 Part 70 permits may be reopened and revised by the Control Officer or the EPA 

Administrator. Procedures for reopening and revision shall be the same as specified for 

initial permit issuance in these regulations, including those for public participation, review 

by affected states and review by EPA, excepting that only the portion to be revised shall 

be considered. 

1. Reopening permits for cause 

 Part 70 permits may be reopened and revised by the District for the following 

reasons: 

a. Additional applicable requirements become applicable to a Part 70 source 

with three (3) or more years remaining on the permit. New provisions 

pertaining to the acid rain program shall take affect without respect to the 

permit expiration date. If a permit is reopened under this section, a thirtyday notice must be provided to the permittee before the permit is reopened. 

b. If the Control Officer or the EPA Administrator determines that the permit 

contains a material mistake, inaccurate statements were made in 

establishing the emissions standards, other terms or conditions of the 

permit, or that the permit must be revised or revoked to ensure compliance 

with the applicable requirements or other District regulations. 

2. Reopening by EPA 

 If the EPA Administrator finds that cause exists to terminate, modify or revoke and 

reissue a permit pursuant to regulation 030.960 (D) 1 a or b, or in response to a 

public petition, the EPA Administrator will notify the District and the permittee in 

writing. 

 Within 90 days of the receipt of such notice from EPA, the Control Officer shall 

submit to the EPA a proposed determination of termination, modification or 

revocation and reissuance, as appropriate. The EPA Administrator shall have 90 

days from receipt of the proposed determination to review the proposal from the 

Control Officer. After that time the Control Officer shall have 90 days to resolve any 

EPA objection and terminate, modify, revoke and reissue the permit in accordance 

with the EPA Administrator's objections. 

E. Temporary Sources 

 The Control Officer may issue a single Part 70 permit to the same source owner or 

operator for similar operations at multiple temporary locations. In addition to the permit 

requirements of 030.960 (C), the source will be required to provide the Control Officer with 

at least ten (10) days advance notice of any relocation. No affected source may be issued 

a temporary permit. To qualify for a temporary permit the source must undergo at least 

one change of location during the permit term. 

F. Title IV Implementation 

 The Control Officer shall establish procedures consistent with 40 CFR Part 72 for any 

source subject to or choosing to implement the acid rain program under Title IV of the Act. 

Nothing in any permit or compliance plan issued pursuant to Title V of the Act shall be 

construed as affecting allowances under the acid rain program (section 408(b) of the Act). 
Any sources seeking permits under phase II of Title IV shall submit such applications as 

required in the Act. Applications for permits with sulfur dioxide related requirements will be 

submitted by January 1, 1996 and applications to add requirements related to Nitrogen 

Oxide emissions by January 1, 1998. Any source which becomes subject to Title IV of the 

Act shall have the following supplementary terms and conditions of operation in its Part 70 

permit: 

 1. Requirements to meet all applicable Acid Rain requirements promulgated under 

Title IV of the Act, including any requirements related to control or limitations on 

SO2 and NOx emissions. If another applicable requirement that is stricter than the 

Acid Rain requirement applies, to a source, both requirements shall be included in 

the permit. 

 2. Limitations to prevent sulfur dioxide emissions greater than allowed under any 

applicable requirement or emission allowances lawfully held under Title IV of the 

Act. 

G. EPA Permit Implementation 

 Consistent with the provisions of 40 CFR Part 70.10, the EPA Administrator may 

supersede the District's Part 70 regulations and issue Part 70 permits as necessary. 

030.970 PART 70 PERMIT MONITORING AND COMPLIANCE (Adopted 10/20/93, Revised 10/25/95) 

A. Compliance Statements 

 Sources subject to Part 70 permits shall submit a statement of compliance signed by a 

responsible official. The annual compliance statement shall be due each year on the 

anniversary of the date of issuance (or more frequently if required in an applicable 

requirement). The compliance statement shall address each term or condition of operation 

on an item by item basis. The compliance statement shall contain the following: 

 1. Identification of each term or condition of operation that is the basis for certification. 

 2. The compliance status of the facility with respect to each term or condition of 

operation and a statement that the operator will continue to comply with such 

requirements. 

 3. Whether the compliance with each term or condition of operation was continuous 

or intermittent. 

 4. The method(s) used for determining the compliance status of the source including 

a description of monitoring, record keeping and reporting requirements, and test 

methods. 

 5. For any term or condition of operation for which the source is not in compliance, 

the source must submit a compliance schedule and a narrative description of how 

the source will achieve compliance with such requirements as described in 

030.970 (B) of these regulations. 

 6. For any source for which the Control Officer has established requirements for 

progress reports on compliance schedules, the source must provide these 

progress reports in a timely manner and address dates milestones and other 
activities that have been specified by the Control Officer. The progress report shall 

also include the dates on which any milestones were achieved and an explanation 

of any dates or milestones that were not or are not expected to be met, why they 

were not met and any corrective actions to be taken as a result. 

 7. Any other specific information needed to determine compliance as required by the 

Control Officer. 

 8. A certification of the truth, accuracy and completeness of the compliance 

statement by a responsible official. 

 9. Any additional requirements as may be specified pursuant to sections 114(a) and 

504(b) of the Act. 

 All Statements of compliance must be made in writing to both the EPA Administrator as 

well as to the Control Officer. Failure to submit a statement of compliance in a timely 

manner may result in citation, penalties, suspension or revocation of the Part 70 permit. 

B. Schedules For Compliance And Remedial Measures 

 The Control Officer may issue a Part 70 permit to sources which will not be in compliance 

with the applicable requirements of its permit at the time of permit issuance. Any Part 70 

permit issued to a source which is operating out of compliance with the applicable 

requirements of its permit shall be issued in conjunction with a compliance schedule. 

Submission of a compliance schedule does not release the permittee from compliance 

with any applicable requirement. A compliance schedule shall be submitted with the 

compliance statement for all part 70 sources. Any schedule of compliance shall include 

the following: 

 1. A list of remedial measures, including enforceable sequences of actions with 

milestones, leading to compliance with any applicable requirements in a timely 

manner. 

 2. A schedule for certified progress reports to be made no less frequently than every 

six (6) months or more frequent if specified in the applicable requirement. 

 3. A statement that for all terms and conditions for which the source is in compliance 

that the source will continue to comply with such requirements. 

 4. A certification of the truth, accuracy and completeness of the compliance schedule 

by a responsible official. 

 5. A commitment to meet the standards and specifications of any future effective 

applicable requirements in a timely fashion. 

 6. Any schedule for compliance must be at least as stringent as that contained in any 

judicial consent decree or administrative order. 

C. Annual Inspection and Compliance Review 

 1. Compliance inspections of the facilities shall be made at least annually. The 

Control Officer shall inspect the equipment, practices and operations required or 

regulated under the Part 70 permit. 
 2. The Control Officer shall evaluate the compliance status of each Part 70 permit on 

an annual basis. The compliance statement and the results of the most recent on 

site inspection shall be reviewed and the progress of any compliance schedule 

shall be assessed. The Control Officer shall consider the comments or complaints 

received from the public during the compliance review process. 

030.990 PART 70 PERMIT HAZARDOUS AIR POLLUTANT PROVISIONS (Adopted 10/20/93) 

The Control Officer shall establish terms and conditions of operations to ensure the compliance 

of all sources permitted under Part 70 and subject to the provisions of section 112 of the Act 

(Hazardous Air Pollutants). The Control Officer shall establish permit requirements for risk 

management plans as per section (r)(7). 

The Control Officer shall adopt MACT standards as established by the EPA as soon as 

practicable after such standards have been promulgated. 

The Control Officer shall undertake a case by case control technology evaluation, consistent with 

the provisions of section 112(g) of the Act, for all major sources of hazardous air pollutants which 

are new, modified or reconstructed. Based upon this evaluation, the Control Officer shall 

determine appropriate control technology and emissions limitations. The emissions limits must 

reflect the Maximum Achievable Control Technology (MACT), even if MACT control standards 

have not yet been promulgated or proposed for that category of sources. In cases where no 

standards have been proposed by EPA, or EPA has missed a statutory deadline for standard 

promulgation, the Control Officer must establish conditions at least as stringent as those that 

would have been established if EPA had promulgated such standards on time. If EPA 

subsequently issues technology base standards which would apply to that source, the permit 

must be revised to reflect the new standard if the requirements are more stringent than those 

previously required. These emission limits shall become an enforceable part of the Part 70 

permit. Sources may offset emissions of pollutants, subject to certain restrictions as established 

by EPA and the Control Officer, to avoid triggering a permit modification. Deadline extensions for 

emissions reductions shall be given as applicable under the Act to sources participating in the 

early reductions program as specified in section 112 (i) (5) of the Act. 

030.995 SMALL BUSINESS ASSISTANCE PROGRAM (Adopted 10/20/93) 

The Control Officer shall provide a program assisting small business sources in complying with 

the provisions of the District's air quality regulations. This program will be operated in compliance 

with section 507 of the Act (small business assistance) and relevant EPA guidance. 

The Control Officer may hire a contractor to operate the small business compliance assistance 

program or participate with the State of Nevada and/or Clark County in contracting to make such 

services available. If a joint agreement is created, Washoe County will participate in financial and 

other advisory panel or program oversight functions. Any contract for the provision of these small 

business assistance services will be reviewed periodically. 
050.001 EMERGENCY EPISODE PLAN (Adopted 3/23/06) 

SECTION A – GENERAL 

 1. PURPOSE: The purpose of this regulation is to: 

 a. Advise persons with respiratory or cardiac problems of air pollution levels which may be 

harmful to their health; and 

 b. Initiate corrective control measures to prevent buildup of air contaminants to levels which 

would cause significant harm to a significant portion of the population in the Washoe 

County Health District. 

2. APPLICABILITY: The provisions of this regulation shall apply to the entire Health District. 

SECTION B – DEFINITIONS: For the purpose of this regulation, the following definitions shall apply. 

1. Air Quality Index. The Air Quality Index (AQI) is an index for reporting daily air quality. It reports 

how clean or polluted the air is, and what associated health effects might be a concern. The AQI 

focuses on health effects that may be experienced within a few hours or days after breathing 

polluted air. 

2. Control Officer. Control Officer means the District Health Officer of the Washoe County Health 

District or the person designated by said District Health Officer to enforce these local air pollution 

control ordinances and regulations as approved by said District Board of Health created pursuant 

to the interlocal agreement of the City of Reno, the City of Sparks, and the County of Washoe, 

Nevada. (As noted also in Section 010.042) 

3. District Health Officer. The District Health Officer is the person appointed by the District Board of 

Health of the Washoe County Health District to administer activities of the District Health 

Department of said Health District in all matters directly or indirectly affecting public health, 

pursuant to the authority of state and local health laws, ordinances, and regulations. (As noted 

also in Section 010.048) 

4. PM2.5. PM2.5 means particles with an aerodynamic diameter less than or equal to a nominal 2.5 

micrometers. 

5. PM10. PM10 means particles with an aerodynamic diameter less than or equal to a nominal 10 

micrometers. 

6. Solid Fuel Burning Device. Solid fuel burning device means a device that burns wood, or any other 

nongaseous or non-liquid fuels, and includes any device burning any solid fuel used for aesthetic 

or space-heating purposes including but not limited to a fireplace, wood stove, or pellet stove. 

SECTION C – STANDARDS 

1. Whenever the concentrations of an air contaminant: 

a. At an air monitoring station operated in accordance with 40 CFR 58 and under the 

jurisdiction of the Washoe County District Health Department; 

b. reach or are predicted to reach the levels specified in Table 1 of this section; and 
c. are expected to persist at or above the levels specified in Table 1 of this section; 

 The Control Officer shall declare that an emergency episode stage exists and take the actions 

specified in Sections C.2 and D of this regulation. 

TABLE 1 

EPISODE CRITERIA LEVELS* 

Pollutant Averaging 

Time 

Stage 1 

(Alert) 

Stage 2 

(Warning) 

Stage 3 

(Emergency) 

Carbon Monoxide 8 Hour 9.4 ppm 15.4 ppm 30.4 ppm 

Particulates (PM10) 24 Hour 154 ug/m3 354 ug/m3 424 ug/m3 

Particulates (PM2.5) 24 Hour 65.4 ug/m3 (AQI 150) 150.4 ug/m3 250.4 ug/m3 

Ozone 8 Hour 0.084 ppm 0.124 ppm 0.404 ppm 

 * Stage 1 (Alert), Stage 2 (Warning), and Stage 3 (Emergency) episode criteria levels are associated with an 

AQI of 100, 200, and 300 respectively, unless otherwise noted. 

2. The Control Officer and the appropriate law enforcement and public health officials shall take the 

following control actions upon declaration of the following stages: 

a. Stage 1 

(1) A health warning for sensitive persons shall be included in all notifications given 

pursuant to Section D.1 of this regulation. 

(2) All open and prescribed burning must be terminated. 

(3) The use of permitted incinerators shall be terminated. Crematoriums or 

pathological incinerators may continue to operate if the Control Officer 

determines that cessation of operation will cause a greater health hazard. 

(4) A request shall be made to the public to curtail any unnecessary motor vehicle 

operations. 

(5) Whenever the measurements of PM2.5, PM10, or carbon monoxide reach, or are 

predicted to reach Stage 1 levels and adverse meteorological conditions are 

predicted to persist, operation of any solid fuel burning device shall be 

suspended unless it can be demonstrated, in accordance with the procedures 

established by the Control Officer, that such fuels supply the only heat available 

to the person burning it. The suspension shall remain in effect until all episode 

stages have been terminated. 

(6) Sources subject to Section E.1 of this regulation must commence curtailment of 

operations as per their submitted and approved plans. 

b. Stage 2: All of the control measures specified in Section C.2.a of this regulation shall be 

implemented under a Stage 2 episode and, in addition: 
(1) The public notification shall be updated to reflect the more severe conditions. 

(2) For ozone episodes - programs which involve physical exertion by persons using 

public parks or public recreational facilities shall be suspended. All commercial 

and industrial activities such as dry cleaning, spray painting and degreasing that 

emit reactive organic compounds shall be notified to cease operations. Such 

activities as roofing, asphalt paving and surface coating where the use of large 

quantities of volatile organic material is involved shall also be prohibited. 

(3) For carbon monoxide episodes - if the occurrence of this stage is determined to 

have been due to traffic congestion in that area, take measures to reduce the 

traffic congestion in that area. 

(4) For PM10 episodes - dust emitting construction and agricultural activities such as 

grading, leveling, plowing and digging shall be prohibited. 

(5) A request shall be made to the general public to avoid the area of the episode. 

c. Stage 3: In addition to the control measures specified in Sections C.2.a and C.2.b of this 

regulation, the appropriate law enforcement and civil defense agencies may be requested 

to: 

(1) Close all public, commercial and industrial establishments which are not 

immediately necessary for public health and safety and are within the affected 

area; 

(2) Close principal streets within the affected area to the general public; 

(3) Require emergency carpooling or use of mass transit by the public; and 

(4) Setup and implement evacuation procedures if deemed necessary. 

3. The Control Officer shall declare an episode stage terminated when the concentration of 

contaminant falls below the criteria level shown in Section C.1 of this regulation and/or when 

meteorological data indicate that the contaminant concentration will decrease to below the criteria 

level. 

SECTION D – ADMINISTRATIVE REQUIREMENTS 

1. Notification of an episode stage. When an episode stage is declared, the Control Officer shall 

notify: 

a. The news media and shall request that they publish or broadcast all appropriate warnings, 

notices and advisories; 

b. The Washoe County Manager and the managers of the cities of Reno and Sparks; 

c. Managers and operators of all stationary sources subject to Section E.1 of this regulation; 

and 

d. Other agencies which, in the opinion of the Control Officer, should be notified. 
2. Notification of an episode stage shall include information as to which stage has been predicted or 

reached, the expected duration of the episode, the geographic boundaries of the affected area, the 

specific air contaminant for which the stage has been declared, a statement of the public health 

significance of the episode stage, and the appropriate voluntary or mandatory control measures to 

be taken, as described in Section C.2 of this regulation. 

3. If an episode Stage 2 or 3 is declared, the Control Officer may request that the Director of the 

Division of Emergency Management for Washoe County coordinate all emergency control 

measures. 

4. Upon declaration of termination of an episode stage, the Control Officer shall notify those persons 

and offices specified in Section D.1 of this regulation. The notice shall also advise which curtailed 

activities may resume and which activities must remain curtailed, as specified in Section C.2 of 

this regulation. 

SECTION E – COMPLIANCE AND RECORDS 

1. Control Plan for Emission Curtailment. The owner or operator of any stationary or mobile source 

with the potential to emit fifty (50) tons or more per year of an air contaminant shall, upon request 

of the Control Officer, prepare and submit a plan for reducing or eliminating such emission in 

accordance with the episode stages of Alert, Warning and Emergency as defined in these 

regulations. 
Attachment C 

Delegation of Prevention of Significant Deterioration Program Agreement 
Agreement for Delegation of the Federal 

Prevention of Significant Deterioration (PSD) Program 

by the United States Environmental Protection Agency, Region 9 

to the Washoe County District Health Department

This agreement sets forth the terms and conditions according to which Washoe County District 

Health Department (Washoe) agrees to implement and enforce the federal PSD regulations found 

in 40 CFR. 52.21 (effective July 1, 2006), with the exception of the Clean Unit and Pollution 

Control Project provisions contained in 40 CFR 52.21 (x), (y) and (z), which were vacated by the 

U.S. Court of Appeals for the District of Columbia on June 24, 2005. See 72 FR 32526 (June 13, 

2007). 

I. Introduction

Washoe has adopted by reference the federal PSD regulations found in 40 CFR 52.21, as in 

effect on July 1, 2006. See Section 030.600 of District Board of Health Regulations. These 

provisions shall hereafter be referred to as the “Washoe County PSD regulations.” 

II. Legal Authority

A. Pursuant to 40 CFR 52.21(u), EPA may delegate to a State or local agency full or partial 

responsibility for conducting new source review pursuant to the federal PSD regulations 

found in 40 CFR 52.21. 

B. As discussed above, Washoe has adopted by reference the federal PSD regulations found 

in 40 CFR 52.21, as in effect on July 1, 2006. See Section 030.600 of District Board of 

Health Regulations. 

C. Washoe and EPA agree that requirements in PSD permits issued under the authority of 

Section 030.600 of District Board of Health Regulations are federally enforceable 

requirements. 

III. Scope of Delegation

A. Pursuant to 40 CFR 52.21(u), EPA hereby delegates to Washoe full responsibility for 

implementing and enforcing the federal PSD regulations for all sources located in 

Washoe County, NV, subject to the terms and conditions of this Delegation Agreement. 

B. Washoe’s delegation to implement and enforce the federal PSD regulations under this 

Delegation Agreement does not extend to sources or activities located in Indian Country, 

as defined in 18 U.S.C.1151. Consistent with previous federal program approvals or 

delegations, EPA will continue to implement the federal PSD program in Indian Country 

in Washoe County because Washoe did not adequately demonstrate its authority over 

sources and activities located within the exterior boundaries of Indian reservations and in 

other areas of Indian Country. 

C. The EPA Administrator has delegated to the Director of the Region 9's Air Division, the 

authority to delegate the federal PSD regulations to any State or local agency. The State 

or local agency that receives delegation from EPA Region 9 does not have the authority 

under the federal Clean Air Act to further delegate the federal PSD regulations. 
IV. Requirements

A. The responsibility for implementing the federal PSD program for all regulated sources as 

provided by this Delegation Agreement rests with Washoe’s Air Quality Management 

Division Director. EPA is relying on the technical and programmatic expertise of 

Washoe’s Air Quality Management Division in the implementation of this Delegation 

Agreement on Washoe’s behalf. All PSD applicability determinations under this 

Delegation Agreement will be made by the Air Quality Management Division Director. 

B. Washoe will ensure that there are adequate resources and trained personnel within the Air 

Quality Management Division to implement an effective PSD permit program. As 

requested, EPA will provide technical assistance related to the federal PSD requirements, 

including without limitation, PSD applicability determinations, Best Available Control 

Technology (BACT) determinations, air quality monitoring network design, and 

modeling procedures. 

C. Where the rules or policies of Washoe are more stringent than the federal PSD program, 

Washoe may elect to include such requirements in the PSD permit along with the EPA 

requirements. 

D. If both a State or local regulation and a federal regulation apply to the same source, both 

must be complied with, regardless of whether one is more stringent than the other, subject 

to the requirements of section 116 of the Clean Air Act. 

E. Washoe will follow all PSD policy, guidance, and determinations issued by EPA for 

implementing the federal PSD program as provided in this Delegation Agreement. EPA 

will provide Washoe with copies of EPA policies, guidance, and determinations through 

the Region 7 NSR database and/or hard copies where appropriate. Where no current 

EPA policy or guidance clearly covers a specific situation, Washoe shall consult with the 

EPA, Region 9, Air Division, Permits Office, on its proposed interpretation of the EPA 

regulations. 

F. Washoe will at no time grant a waiver to the requirements of 40 CFR 52.21 or to the 

requirements of an issued PSD permit. 

G. Washoe shall consult with the appropriate State and local agencies primarily responsible 

for managing land use as provided in 40 CFR 52.21(u)(2)(i) prior to making any 

preliminary or final determination under this Delegation Agreement. 

H. Washoe shall: 

1. Within 5 working days of receipt of a PSD permit application, notify the U.S. Fish 

and Wildlife Service (FWS) of the permit application, and provide a copy of the 

permit application if requested. 

2. Notify applicants of the potential need for consultation between EPA and FWS if the 

project may affect an endangered species. 

3. Refrain from issuing a final PSD permit until EPA has notified Washoe that EPA has 

satisfied its obligations, if any, under the ESA. 

I. EPA concurrence shall be required for all BACT determinations and modeling analyses 

performed to determine increment consumption and compliance with National Ambient 

Air Quality Standards. The signature of EPA Region 9’s Air Division Director on each 

final PSD permit shall constitute such concurrence. 

J. The primary responsibility for the administration and enforcement of the PSD permit 

issued by EPA to R. R. Donnelley and Sons (NVO 84-01) on June 21, 1985 is delegated 
to Washoe. District-issued modifications to this permit which meet the requirements of 

40 CFR 52.21 will be considered valid by EPA. Washoe shall issue any permit 

modifications to R. R. Donnelley and Sons pursuant to this agreement and using Section 

030.600 of the Washoe County District Board of Health Regulations Governing Air 

Quality Management, which incorporates the requirements of 40 CFR 52.21. 

V. Permit Issuance, Modification, and Appeals

A. All permits issued by Washoe under this Delegation Agreement shall indicate that an 

appeal to the EPA Environmental Appeals Board (EAB) is available pursuant to 40 CFR 

part 124. 

B. The provisions in 40 CFR 124.19 shall apply to all appeals to the EAB on PSD permits 

issued by Washoe under this Delegation Agreement. For purposes of implementing the 

Federal permit appeal provisions under this delegation, if there is a public comment 

requesting a change in a preliminary determination or proposed permit condition, the 

final permit issued by Washoe is required to state that for federal PSD purposes and in 

accordance with 40 CFR 124.15 and 124.19: 

1. The effective date of the permit is 30 days after service of notice to the applicant and 

commentors of the final decision to issue, modify, or revoke and reissue the permit, 

unless review is requested on the permit under 40 CFR 124.19 within the 30 day 

period. 

2. If an appeal is made to the EAB, the effective date of the permit is suspended until 

such time as the appeal is resolved. 

C. Major modifications to existing PSD permits shall be processed in accordance with all of 

the substantive and procedural requirements applicable to new PSD permits. 

D. Failure by Washoe to comply with the requirements of 40 CFR part 124 related to PSD 

permits and this Section V. of this Delegation Agreement shall render the subject permit 

invalid for federal PSD purposes. 

VI. Enforcement

A. In all cases, EPA retains authority pursuant to sections 113 and 167 of the Clean Air Act 

with respect to sources that are subject to the federal PSD requirements, including federal 

PSD permits issued by Washoe. 

B. In delegated programs, the role of the delegated agency is that of primary enforcer or 

“front line” agency in program implementation. However, EPA will initiate an 

enforcement action, as appropriate, under the following circumstances: 

1. At Washoe’s request; 

2. If Washoe’s enforcement action is determined to be inadequate, or Washoe fails to 

carry out action in a timely or appropriate manner; and/or 

3. As part of EPA’s role established in the collaborative planning process, which 

includes those situations where national, regional, or sector initiatives warrant an 

EPA lead. 

C. PSD enforcement actions under this Delegation Agreement will be undertaken by 

qualified inspectors or trained enforcement staff in Washoe’s Offices 
VII. EPA and Washoe Communications

A. Washoe shall submit to EPA copies of the following documents, within the time frames 

indicated, for sources or activities subject to this Delegation Agreement: 

Action Submittal to EPA Time frame 

Receipt of PSD permit 

application 

Copy of application and cover 

letter 

Within ten working 

days after receipt 

Completeness 

determination or letter of 

deficiencies 

Copy of letter to applicant Within ten working 

days after signature 

Transmittal to Federal 

Land Manager (FLM) of 

PSD application 

Copy of letter Within ten working 

days after signature 

Receipt of comments 

from FLM Forward comment letter Within ten working days of receipt 

Preliminary 

determination, proposed 

PSD permit, public 

notice 

Copy of technical review, 

proposed PSD permit (including 

major or minor modifications), 

and public notice 

Within five working 

days after completion 

of preliminary 

determination 

Public notice of hearing 

(see 52.21(u)(2)(ii)) 

Copy of technical review, 

proposed PSD permit, and 

public notice 

Within five working 

days after completion 

of preliminary 

determination 

Receipt of comments 

from public 

Copy of public comment 

letter(s) 

Within ten working 

days of the close of the 

public comment period 

Final determination, PSD 

permit and transmittal 

letter 

Copy of final determination 

PSD permit and transmittal 

letter 

Within five working 

days after final 

signature on PSD 

permit 

BACT determination 

submittal to 

RACT/BACT/ LAER 

Clearinghouse 

Electronic submittal of required 

information 

Within 30 working 

days of final signature 

on PSD permit 

B. Washoe and EPA should communicate sufficiently to guarantee that each is fully 

informed and current regarding interpretation of federal PSD regulations (including any 

unique questions about PSD applicability). Any records or reports relating to PSD 

permitting or compliance with PSD requirements that are provided to or otherwise 

obtained by Washoe and are not identified in the Table in Section VII.A. above should be 

made available to EPA upon request. 

C. Washoe will ensure that all relevant source information, notifications and reports are 

entered into the EPA AIRS/AFS national database system in order to meet its record 

keeping and reporting requirements. In addition to the National Minimal Data 

Requirements (MDRs) (attached), Washoe shall enter the following information or 

activities: 

1. The Air Program Code for PSD 
2. The date the PSD permit is issued or modified 

3. The final effective date of the PSD permit (or modified permit) 

4. The date that the new source or modification begins construction; and 

5. The date that the new source or modification begins operation. 

D. Correspondence from EPA to Washoe will be sent to: 

Air Quality Management Division Director 

Washoe County District Health Department 

P.O. Box 11130 

401 Ryland St., Suite 331 

Reno, NV 89520-0027 

Correspondence from Washoe to EPA will be sent to: 

Chief, Permits Office, Air Division (AIR-3) 

USEPA, Region 9 

75 Hawthorne Street 

San Francisco, CA 94105 

VIII. Future EPA Regulation Revisions

A. Washoe’s delegation to implement and enforce the federal PSD regulations does not 

extend to any revisions made to 40 CFR 52.21 that occur after July 1, 2006, except 

changes codified in 40 CFR Part 52.21 on June 13, 2007. If such revisions occur, 

Washoe may continue to implement the PSD program, except for new projects that 

trigger provisions provided in the revisions. 

B. If EPA revises 40 CFR 52.21 after June 13, 2007, EPA will consider any request from 

Washoe to amend this delegation agreement. 

IX. Administrative

A. This delegation agreement supersedes EPA’s rescission of delegation dated March 3, 

2003. 

B. If, after consultation with Washoe, EPA makes any of the following determinations, this 

delegation may be revoked in whole or in part. Any such revocation shall be effective as 

of the date specified in a Notice of Revocation. 

1. Washoe’s legal authority, rules and regulations, and/or procedures for implementing 

or enforcing the federal PSD requirements as provided in this Delegation Agreement 

are inadequate; 

2. Washoe is not adequately implementing or enforcing the federal PSD program; or 

3. Washoe has not implemented the requirements or guidance with respect to a specific 

permit in accordance with the terms and conditions of this delegation, the 

requirements of 40 CFR 52.21, 40 CFR part 124, or the Clean Air Act. 

C. In the event that Washoe is unwilling or unable to implement or enforce the federal PSD 

regulations as provided in this Delegation Agreement with respect to a source or activity 

subject to the federal PSD regulations, Washoe will immediately notify the Director of 

the Air Division and the Chief of the Air Division’s Permit Office. Failure to notify the 
Director of the Air Division and the Chief of the Air Division’s Permits Office does not 

preclude EPA from exercising its enforcement authority. 

D. In the event that EPA or Washoe regulations or policies change, this delegation shall be 

either amended to ensure the continued implementation of EPA’s PSD regulations or this 

delegation shall be revoked. 

X. Signatures

On behalf of the Environmental Protection Agency, I grant full delegation of the federal PSD 

program, 40 CFR 52.21, to Washoe pursuant to the terms and conditions of this delegation 

agreement and the requirements of the Clean Air Act. 

Date: ___________________ Original signed by Deborah Jordan 3/13/08 

Deborah Jordan 

Director, Air Division 

Environmental Protection Agency 

Region 9 

On behalf of the Washoe County District Health Department, I accept full delegation of the 

federal Prevention of Significant Deterioration program, 40 CFR 52.21, program pursuant to the 

terms and conditions of this delegation agreement and the requirements of the Clean Air Act. 

Date: ___________________ Original signed by Andrew Goodrich 2/26/08 

Andrew Goodrich 

Division Director 

Air Quality Management Division 

Washoe County District Health Department 
Attachment D 

Inter-Local Agreement Supporting CAA 110(a)(2)(A)-(M) Requirements