EXHIBIT 5

Amended 11-16-10 CC Air Quality Regulations 12.2-i SECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT AREAS (PREVENTION OF SIGNIF ICANT DETERIORATION)

12.2 Prevention of Significant Deterior ation in Attain ment Areas ................................. 1 12.2.1 Applicability Pr ocedures ....................................................................... 1 12.2.1.1 Preconstruction Review Requirements ........................... 1 12.2.1.2 Construction of Major Stationary Sources or Modificati ons ................................................................... 1 12.2.1.3 Authority to Construct Permit Requir ement ..................... 1 12.2.1.4 Projects ........................................................................... 1 12.2.1.5 Major Sources with Plantwide Applicability Limitations ... 2 12.2.1.6 Existing Emission Un it Projects ....................................... 2 12.2.1.7 Availability of Information ................................................ 4 12.2.1.8 Secondary Emissions ...................................................... 4 12.2.2 Definitions ............................................................................................. 4 12.2.3 Ambient Air In crement s ...................................................................... 27 12.2.4 Ambient Air Ceilings ........................................................................... 28 12.2.5 Restrictions On Area Classifications ................................................... 28 12.2.5.1 Class I Ar eas ................................................................. 28 12.2.5.2 Redesignation of Cla ss I Areas ..................................... 28 12.2.5.3 Class II Ar eas ................................................................ 29 12.2.5.4 Redesignating Areas ..................................................... 29 12.2.5.5 Exclusions from Incr ement Consum ption ...................... 29 12.2.6 Redesignat ion .................................................................................... 30 12.2.6.1 Clark Coun ty ................................................................. 31 12.2.6.2 Requirem ents ................................................................ 31 12.2.6.3 Reserved ....................................................................... 32 12.2.6.4 Administrator Approval .................................................. 32 12.2.6.5 Resubmitting Disappr oved Propos al ............................. 32 12.2.7 Stack Heig hts ..................................................................................... 33 12.2.7.1 Emission Limi tation ....................................................... 33 12.2.7.2 Time Fr ame ................................................................... 33 12.2.7.3 Stack Height Limitati on ................................................. 33 12.2.8 Exemptio ns ......................................................................................... 36 12.2.8.1 Nonattainment Areas .................................................... 37 12.2.8.2 Class I Ar eas ................................................................. 37 12.2.8.3 Class II Ar eas ................................................................ 38 12.2.8.4 Threshold Li mits ............................................................ 38 12.2.9 Control Technolog y Review ................................................................ 39 12.2.9.1 Major Stationar y Source s .............................................. 39 12.2.9.2 Major Modifi cations ....................................................... 39 12.2.9.3 Phased Constructi on Projec ts ....................................... 39 12.2.10 Source Impact Analysi s ...................................................................... 39 12.2.10.1 Demonstration of Impact ............................................... 39EXHIBIT 5

Amended 11-16-10 CC Air Quality Regulations 12.2-ii 12.2.10.2 Violation of Standar d ..................................................... 39 12.2.11 Air Quality Models .............................................................................. 40 12.2.11.1 Model Applic ability ........................................................ 40 12.2.11.2 Model Modifications a nd Substitu tions .......................... 40 12.2.12 Air Quality Analysis ............................................................................. 41 12.2.12.1 Preapplication Analysis ................................................. 41 12.2.12.2 Post-Construction Monitori ng ........................................ 42 12.2.12.3 Operations of Moni toring Stat ions ................................. 42 12.2.13 Source Info rmation ............................................................................. 42 12.2.13.1 Required Info rmation..................................................... 42 12.2.13.2 Information on Air Q uality Impac ts ................................ 42 12.2.14 Additional Impac t Analyse s ................................................................ 43 12.2.14.1 Visibility, Soils, and Vegetat ion ..................................... 43 12.2.14.2 Commercial, Residential, Indus trial, and Other Growth 43 12.2.15 Additional Requirements for S ources Impacting Cla ss I Areas .......... 43 12.2.15.1 Notice to EPA ................................................................ 43 12.2.15.2 Federal Land Manager .................................................. 43 12.2.15.3 Impact of Denial on Air Q uality-Related Values ............ 44 12.2.15.4 Class I Vari ances .......................................................... 44 12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s Conc urrence ................................................ 45 12.2.15.6 Variance by the Governor with the President’s Concurre nce ................................................................. 45 12.2.15.7 Emission Limitations for Pres idential or Gubernatorial Varianc e ........................................................................ 45 12.2.16 Public Partic ipatio n ............................................................................. 46 12.2.16.1 Notice of Proposed Action ............................................. 46 12.2.16.2 Distribution of Notice ..................................................... 48 12.2.16.3 Public Hear ings ............................................................. 48 12.2.16.4 Time Fr ame ................................................................... 48 12.2.16.5 Comments and A pprovals ............................................. 48 12.2.16.6 Enhanced Public Partici pation Proced ures ................... 49 12.2.17 Source Obli gation ............................................................................... 49 12.2.17.1 Enforcem ent .................................................................. 49 12.2.17.2 Terminatio n ................................................................... 49 12.2.17.3 Complianc e ................................................................... 50 12.2.17.4 Relaxation in Enforcea ble Limita tions ........................... 50 12.2.18 Innovative Contro l Technol ogy ........................................................... 50 12.2.18.1 Request for A pproval .................................................... 50 12.2.18.2 Requirements for Approval ........................................... 50 12.2.18.3 Withdrawal of Approval ................................................. 51 12.2.18.4 BACT Extension for Failure or Withdrawal .................... 51 12.2.19 Plantwide Applicability Limits (P ALs) .................................................. 51 12.2.19.1 Applicab ility ................................................................... 52 12.2.19.2 Definiti ons ..................................................................... 52 12.2.19.3 Permit Application Requirem ents .................................. 54EXHIBIT 5

Amended 11-16-10 CC Air Quality Regulations 12.2-iii 12.2.19.4 General Requirements for Establishing PALs ............... 54 12.2.19.5 Public Participation Requirements for PALs .................. 55 12.2.19.6 Setting the 10-year Ac tuals PAL Level .......................... 55 12.2.19.7 Contents of a Part 70 Operat ing Permit Containing a PAL ...................................................................................... 56 12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit ...................... 57 12.2.19.9 Expiration of a PAL ....................................................... 58 12.2.19.10 Renewal of a PAL ......................................................... 59 12.2.19.11 Increasing a PAL during the PAL Effective Period ........ 60 12.2.19.12 Monitoring Requirem ents for PALs ............................... 62 12.2.19.13 Recordkeeping Re quirements ....................................... 64 12.2.19.14 Reporting and Notification Requirements ...................... 65 12.2.19.15 Transition Requ irements ............................................... 66 12.2.20 Invalidat ion ......................................................................................... 67

LIST OF TABLES

Table 12.2-1. Increment Li mits ................................................................................. 27 Table 12.2-2. Air Quality Impac t Limits ..................................................................... 38 Table 12.2-3. Significance Levels ............................................................................. 40 Table 12.2-4. Maximum Allowable Poll utant Incr eases ............................................ 44 Table 12.2-5. Maximum Allowable Increase ( μ g/m 3 ) ................................................ 46EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-1 12.2 Prevention of Significant Deteri oration in Attainment Areas

12.2.1 Applicability Procedures

12.2.1.1 Preconstruction Review Requirements

The preconstruction review requirements of Section 12.2 shall apply to the construction of any new major stationary source, or any project at an existing major stationary source, within the lim its set forth in Section 12.2.1.4, in an area designated as attainment or unclassifiable under Sections 107(d)(1)(A)(ii) or (iii) of the Act.

12.2.1.2 Construction of Major Stat ionary Sources or Modifications

The requirements of Sections 12.2.9 through 12.2.17 apply to the construction of any new major stationary source, or the major modifi cation of any existing major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Cons truct Permit Requirement

No new major stationary source or majo r modification to which the requirements of Sections 12.2.9 through 12.2. 17 apply shall begin actual construction without an Authority to Construct Permit issued pursu ant to Section 12.4 that states that the major stati onary source or major modification will meet those requirements.

12.2.1.4 Projects

The requirements of Section 12.2 apply to projects at major stationary sources in accordance with the principl es set out in paragraphs (a) through (e) below:

(a) Except as otherwise pr ovided in Section 12.2.1.5, a project is a major modification for a regulated NSR polluta nt if it causes two (2) types of emissions increases: a significant emissions increase, and a significant net emissions increas e. The project is not a major modification if it does not cause a significant em issions increase. If the project causes a significant emissions incr ease, then the project is a major modification only if it also result s in a significant net emissions increase.
(b) The procedure for calculating (b efore beginning actual construction) whether a significant emissions in crease will occur depends upon the type of emissions units being added ormodified as part of the project, according to paragraphs (c) th rough (e) of Secti on 12.2.1.4. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the majorEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-2 stationary source is contained in the definition of net emissions increase. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

(c) Actual-to-Projected-Actual Appli cability Test for Projects that only involve Existing Emissions Units. A significant emissions increase of a regulated NS R pollutant is projected to occur if the sum of the difference between the proj ected actual emissions and the baseline actual emissions for each existing emission s unit equals or exceeds the significant am ount for that pollutant.

(d) Actual-to-Potential Test for Proj ects that Only Involve Construction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollut ant is projected to o ccur if the sum of the difference between the potential to emit from each new emissions unit following completion of the pr oject and the baseline actual emissions of these units before the pr oject equals or exceeds the significant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emissions Units. A significant emissions in crease of a regulated NSR Pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in paragraph (c) or (d) of Section 12.2.1.4, as app licable with respect to each emissions unit, equals or exceeds the signi ficant amount for that pollutant.

12.2.1.5 Major Sources with Plan twide Applicability Limitations

For any major stationary source for a Plantwide Applicab ility Limitation (PAL) for a regulated NSR pollutant, t he major stationary source shall comply with the requirement s under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply w hen a project occurs at an existing emissions unit at a major stationary s ource, other than a s ource with a PAL,and the project is not a part of a major modification, and the owner or operator elects to use the method specifi ed in paragraphs (1)(A-D) of the definition of projected actual emission s, found in Section 12.2.2(nn).

(a) Before beginning actual construc tion of the project, and as a condition of the source's Authority to Construct Permit, the owner or operator shall document and maintain a reco rd of the following information:

(1) A description of the project;EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-3 (2) Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be affected by the project; and

(3) A description of the applicability test used to determine that the project is not a major modificati on for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions, the amount of emissions excluded under paragraph (1)(C) of the definition of projected actual emissions, as found in Section 12.2.2(nn) and an explanation for why such amount was excluded, and any netting calculations if applicable.

(b) If the emissions unit is an exis ting emissions unit, before beginning actual construction, the owner or oper ator shall provide a copy of the information set out in Section 12.2.1.6( a) to the Control Officer. Nothing in this paragraph shall be cons trued to require the owner or operator of such a unit to obtain any determination from the Control Officer before beginning ac tual construction.

(c) The owner or operator shall moni tor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit i dentified in Section 12.2.1.6(a)(2); and calculate and maintain a record of the annual emissions, in tpy, for a period of five (5) years fo llowing resumption of regular operations after the change, or for a pe riod of ten (10) years following resumption of regular operations afte r the change if the project increases the design capacity of or potential to emit that regulated NSR pollutant at any emissions unit.

(d) If the emissions unit is an exis ting electric utility steam generating unit, the owner or operator shall s ubmit a report to the Control Officer within sixty (60) days a fter the end of each calendar year during which records must be generated under Section 12.2.1.6(c) setting out the unit’s annual emissions duri ng the calendar year that preceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer if the annual emissions, in tpy, from the project identified in Section 12.2. 1.6(a) exceed the baseline actual emissions (as documented and main tained pursuant to Section 12.2.1.6(a)(3)) by a significant am ount for that regulated NSR pollutant, and if such emissions differ fr om the projected actual emissions (prior to exclusion of the amount of emissions under the definition of projected actual emissions) as documented and ma intained pursuant to Section 12.2.1.6(a)(3). Such r eport shall be submitted to the Control Officer within sixty (60) days a fter the end of such year. The report shall contain the following:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-4 (1) The name, address, and telepho ne number of the major stationary source;
(2) The annual emissions, as calculated pursuant to Section 12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to include in the report (e.g., an explanat ion as to why the emissions differ from the precons truction projection).

12.2.1.7 Availability of Information

The owner or operator of the source shall make the information required to be documented and maintained pursuant to Section 12.2.1. 6 available for review upon a request for inspection by the Control Officer.

12.2.1.8 Secondary Emissions

Secondary emissions shall not be cons idered in determining whether a stationary source would qualify as a majo r stationary source. If a stationary source is subject to Section 12.2 on t he basis of the direct emissions from the stationary source, the requirement s of Section 12.2.10, but no other provisions of Section 12.2, must also be met for secondary emissions.

12.2.2 Definitions

Unless the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.2. When a term is not defined in these paragraphs, it sha ll have the meaning given in Section 0, or the Act, in that order of priority.

(a) “Actual emissions” means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with this definition.

(1) In general, actual emissions as of a particular date shall equal the average rate, in tpy, at wh ich the emissions unit actually emitted the regulated NSR pollut ant during a consecutive 24- month period which precedes the particular date and which is representative of normal source operation. The Control Officer shall allow the use of a differ ent time period upon a determination that it is more representat ive of normal so urce operation. Actual emissions shall be calcul ated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted dur ing the selected time period.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-5 (2) The Control Officer may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(3) For any emissions unit that has not begun normal operations on the particular date, actual emissi ons shall equal the potential to emit of the uni t on that date.

(4) This definition shall not apply for calculating whether a significant emissions increase has occurr ed, or for establishing a PAL. Instead, projected actual emissi ons and baseline actual emissions shall apply for those purposes.

(b) “Allowable emissions” means the emissions rate of a stationary source calculated using the maximu m rated capacity of the source (unless the source is subject to practicably enforc eable limits which restrict the operating rate, or hour s of operation, or both) and the most stringent of the following:

(1) Any applicable standards set fo rth in these AQRs and 40 CFR Parts 60, 61 or 63;

(2) Any applicable emission limitatio n in the Nevada SIP, including those with a future compliance date; or

(3) The emissions rate specified as a practicably enforceable permit condition, including those with a future compliance date.

(c) “Baseline actual emissions” means t he rate of emissions, in tpy, of aregulated NSR pollutant, as determined in accordance with paragraphs (1) through (4) of this definition.

(1) For any existing electric ut ility steam generating unit, baseline actual emissions means the aver age rate, in tpy, at which the unit actually emitted the pollutant during any consecutive 24- month period selected by the owner or operator within the 5- year period immediately preceding when the owner or operator begins actual construction of t he project. The Control Officer shall allow the use of a differ ent time period upon a determination that it is more representat ive of normal source operation.

(A) The average rate shall inclu de fugitive emissions to the extent quantifiable, and emissions associ ated with startups

, and shutdowns, except emissions fr om a shutdown associated with a and malfunction s

. (B) The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while theEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-6 source was operating above any emission limitation that was legally enforceable duri ng the consecutive 24-month period.

(i)(C) The average rate shall be adj usted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must comply as of the particular date, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. For the purposes of determining baseline actual emissions for contemporaneous changes pursuant to paragraph (ii )(1)(B) of the definition of net emissions increase, the particular date is the date onwhich the particular change occurred. However, if an emission limitation is part of a Maximum Achievable Control Technology standard t hat the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has taken credit for such emissions reductions in an attainment demonstration or maintenance pl an, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(C)(D) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24- month period must be used to determine the baseline actual emissions for the emi ssions units bei ng changed. A different consecutive 24-m onth period can be used for each regulated NSR pollutant.

(D)(E) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tpy, and for adjusting this amount if required by paragraph (1)( BC ) of this definition.

(2) For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tpy, at which t he emissions unit actually emitted the pollutant during any consec utive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the dat e the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Cont rol Officer for a permit required under these regulations, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-7 (A) The average rate shall inclu de fugitive emissions to the extent quantifiable.

(B) The average rate shall incl ude emissions associated with startups

, and shutdowns, except emissions from a shutdown associated with a and malfunction s

. (C) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the cons ecutive 24-month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would ha ve exceeded an emission limitation with which the majo r stationary source must currently comply as of the particular date had such major stationary source been required to co mply with such limitations during the consecutive 24-mont h period. For the purposes of determining baseline actual emissions for contemporaneous changes pursuant to para graph (ii)(1)(B) of the definition of net emissions increase, the particular date is the date on which the particular ch ange occurred. However, if an emission limitation is par t of a Maximum Achievable Control Technology standard t hat the Administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state of Nevada has taken credit for such emissions reductions in an attainment demonstration or maintenance plan, consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

(E) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to dete rmine the baseline actual emissions for all the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

(F) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions , in tpy, and for adjusting this amount if required by par agraphs (2)(C) and (D) of this definition.

(3) For a new emissions unit, the bas eline actual emissions for purposes of determining the emission s increase that will result from the initial construction and operation of such unit shall equal ze-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-8 ro; and thereafter, for all other pu rposes, shall equal the unit’s potential to emit.

(4) For a PAL for a stationary sour ce, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the pr ocedures contained in paragraph (1) of this definition, for other existing emissions units in accordance with the procedures contained in paragraph (2) of this definition, and for a new emissions unit in accordance with the procedures contained in paragraph (3) of this definition.

(d) “Baseline area” means any intr astate area (and every part thereof) designated as attainment or uncla ssifiable under 40 CFR Part 81 and Section 107(d)(1)(A)(ii) or (iii) of the Act in which the major stationary source or major modification estab lishing the minor source baseline date would construct, or in which it would have an air quality impact equal to or greater than one (1) microgram per cubic meter (annual average) of the pollutant for whic h the minor source baseline date has been established.for the pollutant for which the baseline date is established, as follows: E qual to or greater than 1 μg/m 3 (annual average) for SO 2 , NO 2 , or PM 10 ; or equal to or greater than 0.3 μg/m 3 (annual average) for PM 2.5

. (1) Area redesignations under 40 CFR Part 81 and Section 107(d)(1)(A)(ii) or (iii) of the Act cannot intersect or be smaller than the area of impact of any major stationary source or major modification which:

(A) Establishes a minor source baseline date; or

(B) Is subject to Section 12 of the AQRs.

(2) Any baseline area established originally for the Total Suspended Particulates (TSP) increments s hall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that such bas eline area shall not remain in effect if the Control Officer rescinds the corresponding minor source baseline date.

(e) “Baseline concentration” means:

(1) That ambient concentration level that exists in the baseline area at the time of the applicable mino r source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established, and shall include:

(A) The actual emissions, repres entative of sources in existence on the applicable minor so urce baseline date, exceptEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-9 as otherwise provided in parag raph (2) of this definition; and

(B) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operat ion by the applicable minor source baseline date.

(2) The following will not be included in the baseline concentration and will affect the applicable ma ximum allowable increase(s):

(A) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and

(B) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

(f) “Basic design parameter” means:

(1) Except as provided in paragraph (3) of this definition, for a process unit at a steam electric genera ting facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate, or maximum hourly electric output rate and maximum steam flow rate. When establishi ng fuel consumption specifications in terms of weight or vo lume, the minimum fuel quality based on British Thermal Units (B tu) content shall be used for determining the basic design para meter(s) for a coal-fired electric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any proce ss unit that is not at a steamelectric generating facility are maximum rate of fuel or heat input, maximum rate of material in put, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or oper ator should consider the primary product or primary raw materi al when selecting a basic design parameter.

(3) If the owner or operator belie ves the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of pr ocess unit, the owner or operator may propose to the Control Offic er an alternative basic design parameter(s) for the source’s pr ocess unit(s). If the Control Officer approves of the use of an alternative basic design parameter(s), the Control Officer shall issue a permit that is legally en-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-10forceable that records such basic design parameter(s) and requires the owner or operator to comply with such parameter(s).

(4) The owner or operator shall use credible information, such as results of historic maximum cap ability tests, design information from the manufacturer, or engineer ing calculations, in establishing the magnitude of the basic de sign parameter(s) specified in paragraphs (1) and (2) of this definition.

(5) If design information is not available for a process unit, then the owner or operator shall determi ne the process unit’s basic design parameter(s) using the ma ximum value achieved by the process unit in the 5-year pe riod immediately preceding the planned activity.

(6) Efficiency of a process unit is not a basic design parameter.

(7) The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emission s, that applies to the process unit and that is legally enforceable.

(g) “Begin actual construction” means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities in clude, but are not limited to, installation of building supports and f oundations, laying of underground pipework, and construction of perman ent storage structures. With respect to a change in method of operat ing, this term refers to those on-site activities other than preparat ory activities which mark the initiation of the change.

(h) “Best Available Control Technol ogy (BACT)” means an emission limitation (including a visible emissi ons standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or major modification which the Control Officer, on a case-by-case basis, taking into account energy, env ironmental, and economic impacts and other costs, determines is achiev able for such source or modification through application of pr oduction processes or available methods, systems, and techniques, incl uding fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall applicati on of BACT result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the Control Officer determines that technological or ec onomic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a de-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-11 sign, equipment, work practice, operat ional standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achiev able by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which ac hieve equivalent results.

(i) “Building, structure, facility, or installation” means all of the pollutantemitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same pe rson (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of th e same industrial grouping if they belong to the same major group (i .e., which have the same SIC or NAICS code) as described in either the Standard Industrial Classification manual, 1972, as amended by the 1977 supplement or the North American Industrial Class ification System manual.

(j) “Categorical stationary source” m eans any stationary source of air pollutants that belongs to one of the following categories:

(1) Fossil fuel-fired steam electr ic plants of more than 250 million Btu per hour heat input;

(2) Coal cleaning plants ( with thermal dryers);

(3) Kraft pulp mills;

(4) Portland cement plants;

(5) Primary zinc smelters;

(6) Iron and steel mills;

(7) Primary aluminum ore reduction plants;

(8) Primary copper smelters;

(9) Municipal incinerator s capable of charging more than 50 tons of refuse per day;

(10) Hydrofluoric, sulfuric , or nitric acid plants;

(11) Petroleum refineries;

(12) Lime plants;

(13) Phosphate rock processing plants;EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-12 (14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plant s (furnace process);

(17) Primary lead smelters;

(18) Fuel conversion plants;

(19) Sintering plants;

(20) Secondary metal production plants;

(21) Chemical process plants;

(22) Fossil-fuel boilers (or comb ination thereof) totaling more than 250 million Btu per hour heat input;

(23) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels;

(24) Taconite ore processing plants;

(25) Glass fiber pr ocessing plants; and

(26) Charcoal production plants.

(27) Any other stationary source category, which as of August 7, 1980 is being regulated under Sect ion 111 or 112 of the Act.

(k) “Clean coal technology” means any technology, including technologies applied at the precombustion , combustion, or postcombustion stage at a new or existing facility, which will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen (NO x ) associated with the utilization of coal in the generation of electricity or process steam which was not in wi despread use as of November 15, 1990.

(l) “Clean Coal Technology Demonstrat ion Project” means a project using funds appropriated under the heading “Depar tment of EnergyClean Coal Technology,” up to a total amount of $2.5 billion for commercial demonstration of clean c oal technology, or similar projects funded through appropriations for the EPA. The federal contribution for a qualifying project shall be at least twenty (20) percent of the total cost of the demonstration project.

(m) “Commence,” as applied to construction of a major stationary source or major modification, means that the owner or operat or has all nec-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-13 essary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a co ntinuous program of actual onsite construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreement s or contractual obligations, which cannot be canceled or modi fied without substantial loss to the owner or operator, to underta ke a program of actual construction of the source to be completed within a reasonable time.

(n) “Complete” means, in reference to an application for a permit, that the application contains all of t he information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Control Officer from requesting or accepting any additional information.

(o) “Construction” means any physica l change, or c hange in the method of operation, including fabrication, er ection, installation, demolition, or modification of an emissions unit, that would result in a change in emissions.

(p) “Continuous Emissions Monitoring System (CEMS)” means all of the equipment that may be required to meet the data acquisition and availability requirements of Secti on 12.2 to sample, condition (if applicable), analyze, and provide a reco rd of emissions on a continuous basis.

(q) “Continuous Emissions Rate Mo nitoring System (CERMS)” means the total equipment required for t he determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

(r) “Continuous Parameter Monitoring System (CPMS)” means all of the equipment necessary to meet the dat a acquisition and availability requirements of Section 12.2, to m onitor process and control device operational parameters and other info rmation, and to record average operational parameter value( s) on a continuous basis.

(s) “Electric Utility Steam Generati ng Unit” means any steam electric generating unit that is c onstructed for the purpose of supplying more than one-third of its potential electr ic output capacity, and more than 25 MW electrical output, to any ut ility power distribution system forsale. Any steam supplied to a steam distribution system for the purpose of providing steam to a st eam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output c apacity of the affected facility.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-14 (t) “Emissions unit” means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and includes an electric utility steam gener ating unit. For purposes of Section 12.2, there are two types of em issions units, as described in paragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any em issions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissi ons unit first operated. For the purposes of this definition, the date an emissions unit first operated shall not be extended by any shakedown period established pursuant to paragraph ( ii)(6) of Section 12.2.2.

(2) An "existing emissions unit" is any emissions unit that does not meet the requirements in paragraph (1) of this definition. A replacement unit is an existing emissions unit.

(u) “Federally Enforceable” means a ll limitations and conditions which are enforceable by the Administrator.

(v) “Federal Land Manager” means, wit h respect to any lands in the United States, the Secretary of t he Department with authority over such lands.

(w) “Fugitive emissions” means thos e emissions which could not reasonably pass through a stack, chimney, v ent, or other functionally equivalent opening.

(x) “High terrain” means any area havi ng an elevation 90 0 feet or more above the base of the stack of a source.

(y) “Indian governing body” means t he governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the Unit ed States as possessing the power of self-government.

(z) “Indian reservation” means any f ederally recognized reservation established by treaty, agreement, exec utive order, or act of Congress.

(aa) “Innovative control technology” means any system of air pollution control that has not been adequately demonstrated in practice, but would have a substantia l likelihood of achievin g greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reduct ions at lower cost in terms of energy, economics, or non-air- quality environmental impacts.

(bb) “Lowest Achievable Emission Rate (LAER)” means, for any source, the more stringent rate of emissions based on the following:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-15 (1) The most stringent emission limi tation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owne r or operator of the proposed major stationary source demonstrat es that such limitations are not achievable; or

(2) The most stringent emission limitat ion which is achieved in practice by such class or category ofstationary sources. This limitation, when applied to a modifica tion, means the LAER for the new or modified emissions units within the stationary source. In no event shall the application of the term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an a pplicable new source standard of performance.

For purposes of this definition onl y, the term “any state” means a state, the District of Columb ia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam , and American Samoa, and includes the Commonwealth of t he Northern Mariana Islands.

(cc) “Low terrain” means any area other than high terrain.

(dd) “Major modification” means any physical change in, or change in the method of operation of, a major stati onary source that would result in a significant emissions increase of a regulated NSR pollutant and a significant net emissions increase of that pollutant from the major stationary source.

(1) Any significant emissions increa se from any emissions units or net emissions increase at a majo r stationary source that is significant for volatile organic compounds or nitrogen oxides shall be considered significant for ozone.

(2) A physical change or change in t he method of operation shall not include:

(A) Routine maintenance, repair, and replacement;

(B) Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supplyand Environmental Coordination Act of 1974 (or any superseding legislation), or by reason of a natural gas curtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule under Section 125 of the Act;EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-16 (D) Use of an alternative fuel at a steam generating unit, to the extent that the fuel is generated from m unicipal solid waste;

(E) Use of an alternative fuel or raw material by a stationary source which:

(i) The source was capable of accommodating before January 6, 1975, unless such change is prohibited under any federally enforceable permit conditionwhich was established after January 6, 1975 pursuant to Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or

(ii) The source is approved to use under any permitissued under Section 12 or under regulations approved pursuant to 40 CFR Part 51, Subpart I, or 40 CFR 52.21.

(F) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under regulations approved pursuant to S ubpart I of 40 CFR Part 51.

(G) Any change in ownership at a stationary source;

(H) The installation, operation, cessation, or removal of a Temporary Clean Coal Technology Demonstration Project, provided that the pr oject complies with:

(i) The Nevada SIP; and

(ii) Other requirements nece ssary to attain and maintain the National Ambient Air Quality Standards during the project and a fter it is terminated.

(I) The installation or operati on of a permanent Clean Coal Technology Demonstration Proj ect that constitutes repowering, provided that the projec t does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exem ption shall apply on a pollutant-by-pollutant basis; or

(J) The reactivation of a very clean coal-fired electric utility steam generating unit.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-17 (3) This definition shall not apply wi th respect to a particular regulated NSR pollutant when the majo r stationary source is complying with the requirements under Se ction 12.2.19 for a PAL for that regulated NSR pollutant. Inst ead, the definition of PAL major modification shall apply.

(4) The fugitive emissions of a major stationary source shall not be included in determining, for any of the purposes of Section 12.2, whether a particular physical change or change in the method of operation is a major modification .unless the major stationary source is a categorical stationary source or belongs to any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

(ee) “Major source baseline date” means:

(1) In the case of particulate matter PM 10 and sulfur dioxide, January 6, 1975 , and;

(2) In the case of nitrogen di oxide, February 8, 1988 ; and

(3) In the case of PM 2.5 , October 20, 2010.

(ff) “Major stationary source”

(1) Means:

(A) Any of the categorical stationary sources of air pollutants which emits, or has the potentia l to emit, 100 tpy or more of any regulated NSR pollutant;

(B) Notwithstanding the stationary source size otherwise specified in paragraph (1)(A) ofthis definition, any noncategorical stationary source which emits, or has the potential to emit, 250 tpy or mo re of a regulated NSR pollutant; or

(C) Any stationary source specified in paragraphs (1)(A) or (1)(B) of this definition which em its, or has the potential to emit, greenhouse gases (“GHGs”) that are subject to regulation as defined in 40 CFR § 52.21(b)(49) as of July 2019

, 2011; or

(D) Any physical change that w ould occur at a stationary source not qualifying under parag raphs (1)(A) or (1)(B) of this definition as a major st ationary source, if the change would constitute a major stationary source by itself.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-18 (2) A major stationary source that is major for volatile organic compounds or nitrogen oxides shall be considered major for ozone.

(3) The fugitive emissions of a stationary source shall not be included in determining, for any of the purposes of Section 12.2, whether it is a major stationary source, unless the source is a categorical stationary s ource or belongs to any other stationary source category which, as of August 7, 1980, is being regulated under Section 111 or 112 of the Act.

(gg) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary sour ce or a major modification subject to Section 12 of the AQRs su bmits a complete application under the relevant regulations.

(1) The trigger date is:

(A) In the case of particulate matter and sulfur dioxide, August 7, 1977; and

(B) In the case of nitrogen dioxide, February 8, 1988 .; and

(B)(C) In the case of PM 2.5 , October 20, 2011.

(2) The baseline date is establishe d for each pollutant for which increments or other equivalent m easures have been established if:

(A) The area in which the propos ed source or modification would construct is designated as attainment or unclassifiable under 40 CFR Part 81 and Sect ion 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on t he date of its complete application under Section 12.2 of the AQRs; and

(B) In the case of a major st ationary source, the pollutant would be emitted in significant amounts, or, in the case ofa major modification, there would be a significant net emissions increase of the pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that the Control Office r shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Control Officer, that the emissi ons increase from the major stationary source, or net emissions increase from the major modification, responsible for triggering t hat date did not result in a significant amount of PM 10 emissions.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-19 (hh) “Necessary preconstruction appr ovals or permits” means those permits or approvals required under air quality control laws and regulations which are part of the Nevada SI P, these regulations, or federal air quality control laws and regulat ions, including the Authority to Construct Permits issued pursuant to Section 12.4.

(ii) “Net emissions increase (NEI)” means, with respect to any regulated NSR pollutant emitted by a major stationary source, the following:

(1) The amount by which the sum of the following exceeds zero:

(A) The increase in emissions from a particular physical change, or change in the method of operation, at a stationary source as calculated pursuant to Sections 12.2.1.4(a) through (e); and

(B) Any other increases and decr eases in actual emissions at the major stationary source t hat are contemporaneous with the particular change and ar e otherwise creditable.

(C) For the purposes of calc ulating increases and decreases under paragraph (1)(B) of this definition, baseline actual emissions shall be determined as provided in the definition of baseline actual emissions, except that paragraphs (1)(C) and (2)(E) of that defin ition shall not apply.

(i) For the purposes of ca lculating increases under paragraph (1)(B) of this def inition, actual emissions after the contem poraneous project shall be determined as provided in the definition of actual emissions, except as provided in paragraph (1)(C)(iii) of this definition.

(ii) For the purposes of ca lculating increases under paragraph (1)(B) of this defin ition, if the ControlOfficer determines that there is no sufficiently representative time period of actual emissions after a contemporaneous project, pursuant to Section 12.2.2(a)(1), actual emi ssions after the contemporaneous project shall be dete rmined as provided in the definition of projec ted actual emissions.

(iii) For the purposes of calculating decreases under paragraph (1)(B) of this def inition, actual emissions after the contem poraneous project shall be determined as provided in the definition of actual emissions.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-20 (2) An increase or decrease in ac tual emissions is contemporaneous with the increase from the particular change only if it occurs between the date five (5) years before construction on the particular change commences and the date that the increase from the particular change occurs.

(3) An increase or decrease in actual emissions is creditable only if the Control Officer has not relied on it in issuing a permit for the source under Section 12 or any other regulation approved by the Administrator pursuant to 40 CF R Part 51, which permit is in effect when the increase in actu al emissions from the particular change occurs.

(4) An increase in actual emissions is creditable only to the extent that the new level of actual em issions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent that:

(A) The old level of actual emissi ons or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is enforceable as a practi cal matter at and after the time that actual construction on the particular change begins;

(C) The Control Officer has not re lied on it in issuing any permit under Section 12, or any other regulations approved pursuant to 40 CFR Part 51, S ubpart I, nor has the state of Nevada relied on it in demonstrating atta inment or reasonable further progress; and

(D) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requi res shakedown, or any new emissions unit that replaces an ex isting emissions unit and that requires shakedown, becomes oper ational only after a reasonable shakedown period, not to exceed one hundred eighty (180) days.

(jj) “Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under it s physical and operational design. Any physical or operational limitation on the capacity of the source toEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-21 emit a pollutant, including air po llution control equipment and restrictions on hours of operation or on the types or amounts of material combusted, stored, orprocessed, shall be treated as part of its design only if the limitati on or the effect it would have on emissions is enforceable as a practical matter. Secondary emissions do not count in determining the potential to em it of a stationary source.

(kk) “Predictive Emissions Monitoring System (PEMS)” means all of the equipment necessary to monitor pr ocess and control device operational parameters and other informat ion, and calculate and record the mass emissions rate on a continuous basis.

(ll) “Prevention of Significant De terioration (PSD) Permit” means any permit that is issued under a majo r source preconstruction permit program that has been approved by the Administrator and incorporated into the Nevada SIP to impl ement the requirements of Part C, Subchapter I of the Act. Any permit issued under such a program is a major NSR permit.

(mm) “Project” means a physical chan ge in, or change in the method of operation of, an existing stationary source.

(nn) “Projected actual emissions” m eans the maximum annual rate, in tpy, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five (5) years (12-month period) following the date the unit resumes r egular operation after the project, or in any one of the ten (10) years following that date if (1) the project involves increasing the design capac ity or potential to emit of any emissions unit for that regulated NS R pollutant, and (2) full utilization of the unit would result in a signifi cant emissions increase or a significant net emissions increase at the major stationary source.

(1) In determining the projected ac tual emissions (before beginning actual construction), the owner oroperator of the major stationary source:
(A) Shall consider all relevant information, including, but not limited to historical operational data, the company’s own representations, the company’s expected business activity and highest projections of business activity, the company’s filings with the county, state, or federal regulatory authorities, and compliance plans under these regulations;

(B) Shall include fugitive emissi ons to the extent quantifiable;

(C) Shall include emissions associated with startups

, and shutdowns

, except emissions from a shutdown associated with a and malfunction s ; andEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-22 (D) Shall exclude, only for calc ulating any increase in emissions that results from the parti cular project, that portion of the unit’s emissions following t he project that an existing unit could have accommodated dur ing the consecutive 24- month period used to establis h the baseline actual emissions and that are also unrelated to the particular project, including any increased utiliz ation due to product demand growth.

(E) In lieu of using the method set out in paragraphs (1)(A)-(D) of this definition, the owner or operator of the major stationary source may elect to use the emissions unit’s potential to emit, in tpy.

(oo) “Reactivation of a very clean co al-fired electric utility steam generating unit” means any physical change, or change in the method of operation, associated with commencem ent of commercial operations by a coal-fired utility unit after a peri od of discontinued operation where the unit:

(1) Has not been in operation for the 2-year period prior to the enactment of the Act Amendments of 1990, and the emissions from such unit continue to be ca rried in the Clark County emissions inventory at t he time of enactment;

(2) Was equipped prior to shutdow n with a continuous system of emissions control that achieved a removal efficiency for sulfur dioxide of no less than eighty-five (85) percent and a removal efficiency for particulates of no le ss than ninety-eight (98) percent;

(3) Is equipped with low-NOx burners prior to the time of commencing operations following reactivation; and

(4) Is otherwise in compliance with the requirements of these regulations.

(pp) “Regulated NSR pollutant,” for pu rposes of Section 12.2, means the following:

(1) Any pollutant for which a Nati onal Ambient Air Quality Standard has been promulgated . This includes, but is not limited to, the following:

(A) PM 2.5 emissions and PM 10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensab le particulate matter shall be accounted for in applicability determinations and in es-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-23 tablishing emissions limitations for PM 2.5 and PM 10 in PSD permits. Compliance with em issions limitations for PM 2.5 and PM 10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permi t or the applicable implementation plan. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this section unless the applicable implem entation plan required condensable particulate matter to be included;

(B) Any pollutant identified as a constituent or precursor to a pollutant for which a National Ambient Air Quality Standard has been promulgated. The Administrator has identified the following Pp recursors identified by the Administrator for the purposes of NSR are the following :
(i) Volatile organic compounds and nitrogen oxides areprecursors to ozone in all attainment and unclassifiable areas.

(ii) Sulfur dioxide is a precursor to PM 2.5 in all attainment and unclassifiable areas.

(iii) Nitrogen oxides are presumed to be precursors to PM 2.5 in all attainment and unclassifiable areas

, unless the state or county dem onstrates to the Administrator's satisfaction

, or EPA demonstrates

, thatemissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM 2.5 concentrations.

(iv) Volatile organic compo unds are presumed not to be precursors to PM 2.5 in any attainment or unclassifiable area

, unless the state or county demonstrates to the Administrator's satisfaction

, or EPA demonstrates

, that emissions of volatile organic compounds from sources in a s pecific area are a significant contributor to that area's ambient PM 2.5 concentrations.

(1)(2) Any pollutant that is subjec t to any standard promulgated under Section 111 of the Act;

(3) Any Class I or II substance subj ect to a standard promulgated under or established by Title VI of the Act; orEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-24 (2)(4) Any pollutant that otherwise is subject to regulation under the Act as defined in 40 CFR § 52.21(b)(4 9 8 ) as of July 19, 2011,

(3) Any pollutant that otherwise is subject to regulation under the Act as defined in 40 CFR § 52.21(b )(49) as of July 1, 2010, except that the following pollut ants are not regulated NSR pollutants unless the listed pollutant is also regulated as a constituent or precursor of a general pollu tant listed under Section 108 of the Act:

(A) Any or all Hazardous Air Pollut ants (HAPs) either listed in Section 112(b)(1) of the Act or added to the list pursuant to Section 112(b)(2) of the Act, and not delisted pursuant to Section 112(b)(3) of the Act; and

(5) The term “Regulated NSR Pollutant ” shall not include any or all hazardous air pollutants either lis ted in Section 112 of the Act, or added to the list pursuant to Section 112(b)(2) of the Act and which have not been delisted pursuant to Section 112(b)(3) of the Act, unless the listed HAP is al so regulated as a constituent or precursor of a general pollu tant listed under Section 108 of the Act.

(B) Any or all substances listed pur suant to Section 112(r)(3) of the Act.

(qq) “Replacement unit” means an emissi ons unit for which all the criteria listed in paragraphs (1) through (4) ofthis definition are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstr ucted unit within the meaning of 40 CFR 60.15(b)(1), or the emissi ons unit completely takes the place of an existing emissions unit.

(2) The emissions unit is identical to, or functionally equivalent to, the replaced emissions unit.

(3) The replacement does not alter the basic design parameters of the process unit.

(4) The replaced emissions unit is permanently removed from the major stationary source, otherwise permanently disabled, orpermanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it s hall constitute a new emissions unit.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-25 (rr) “Repowering” means replacement of an existing coal-fired boiler with one of the following clean coal technol ogies: atmospheric or pressurized fluidized bed combustion, int egrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells or—as determined by the Administrator, in consultation with the Secr etary of Energy—a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficien cy and with signifi cantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

(1) Repowering shall also include an y oil and/or gas-fired unit which has been awarded Clean Coal Tec hnology Demonstration Project funding as of January 1, 1991 , by the U.S. Department of Energy.

(2) The Control Officer shall give expedited consideration to permit applications for any source that satisfies the requirements of Section 12.2.2(rr) and is grant ed an extension under Section 409 of the Act.

(ss) “Secondary emissions” means emi ssions which would occur as a result of the constructi on or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose ofSection 12.2, secondary emissions must be specific, we ll defined, quantifiable, and impact the same general area as the stati onary source or modification which causes the secondary emissions . Secondary emissions include emissions from any off-site suppor t facility which would not be constructed or increase its emissions exc ept as a result of the construction or operation of the major stati onary source or major modification.Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from t he tailpipe of a motor vehicle, from a tr ain, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution control equipment or process equipm ent for any purpose, except routine phasing out of process equipment.

(uu) “Significant” means:

(1) In reference to a net emissions increase or a source’s potential to emit any of the fo llowing pollutants, a ra te of emissions that would equal or exceed any of the following rates:

• Carbon monoxide: 100 tpy ;EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-26 • NO x : 40 tpy;

• Sulfur dioxide: 40 tpy;

• Particulate matter: 25 tpy;

• PM 10 : 15 tpy;

• PM 2.5 : 10 tpy of direct PM 2.5 emissions or 40 tpy of sulfur dioxide emissions or 40 tpy of nitrogen oxide emissions;

• Ozone: 40 tpy of volatile organ ic compounds or nitrogen oxides;

• Lead: 0.6 tpy;

• Fluorides: 3 tpy;

• Sulfuric acid mist: 7 tpy;

• Hydrogen sulfide (H 2 S): 10 tpy;

• Total reduced sulfur (including H 2 S): 10 tpy;

• Reduced sulfur compounds (including H 2 S): 10 tpy;

• Municipal waste combustor organics (measured as total tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans): 3.2 x 10 -6 megagrams per year (3.5 x 10 -6 tpy).

• Municipal waste combustor me tals (measured as Particulate Matter): 14 megagrams per year (15 tpy);

• Municipal waste combustor ac id gases (measured as sulfur dioxide and hydrogen chloride): 36 megagrams per year (40 tpy);

• Municipal solid waste landfil ls emissions (measured as nonmethane organic compounds): 45 megagrams per year (50 tpy); and

• Ozone-depleting substances: 100 tpy.

• GHG: The sum of the six well -mixed GHGs on a mass basis greater than 0 tpy and the sum of the six well-mixed GHGs equal to or greater than 75, 000 tpy CO2e as defined in 40 CFR § 52.21(b)(49) as of July 2019 , 2011.

(2) “Significant” means, in referenc e to a net emissions increase or a source’s potential to emit a regulated NSR po llutant that is not listed in this definition, any emissions rate.

(3) Notwithstanding the pollutant-spec ific significance levels specified in this definition “signific ant” means any emissions rate or any net emissions increase associ ated with a major stationaryEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-27 source or major modification which would construct within 10 kilometers of a Class I area and have an impact on such area equal to or greater than 1 microgram per cubic meter (24-hour average).

(vv) “Significant emissions increas e” means, for a r egulated NSR pollutant, an increase in emissions that is significant for that pollutant.

(ww) “Startup” means the setting into operation of any air pollution control equipment or process equipment for any purpose except the routine phasing in of process equipment.

(xx) “Stationary source” means any buildi ng, structure, facility, or installation which emits or may emit a regulated NSR pollutant.

(yy) “Temporary Clean Coal Technology Demonstration Project” means a Clean Coal Technology Demonstrat ion Project that is operated for a period of five (5) years or less, and which complies with the requirements of these regulati ons and other requirem ents necessary to attain and maintain the National Ambient Air Q uality Standards during the project and after it is terminated.

12.2.3 Ambient Air Increments

In areas designated as Class I, II or III, increases in pollutant concentration over the baseline concentration s hall be limited to the following:

Table 12.2-1. Increment Limits

Pollutant Maximum allowable increases ( μ g/m 3 )

Class I

Particulate Matter PM 2.5 , annual arithmetic mean 1

PM 2.5 , 24-hr maximum 2

PM 10 , annual arithmetic mean 4

PM 10 , 24-hr maximum 8

Sulfur Dioxide Annual arithmetic mean 2

24-hr maximum 5

3-hr maximum 25
Nitrogen Dioxide Annual arithmetic mean 2.5

Class II

Particulate Matter PM 2.5 , annual arithmetic mean 4

PM 2.5 , 24-hr maximum 9

PM 10 , annual arithmetic mean 17

PM 10 , 24-hr maximum 30EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-28 Pollutant Maximum allowable increases ( μ g/m 3 )

Sulfur Dioxide Annual arithmetic mean 20

24-hr maximum 91

3-hr maximum 512
Nitrogen Dioxide Annual arithmetic mean 25

Class III

Particulate Matter PM 2.5 , annual arithmetic mean 8

PM 2.5 , 24-hr maximum 18

PM 10 , annual arithmetic mean 34

PM 10 , 24-hr maximum 60

Sulfur Dioxide Annual arithmetic mean 40

24-hr maximum 182

3-hr maximum 700
Nitrogen Dioxide Annual arithmetic mean 50

For any period other than an annual per iod, the applicable maximum allowable increase may be exce eded during one such period per year at any one location.

12.2.4 Ambient Air Ceilings

No concentration of a pollutant sha ll exceed the concentration permitted under the secondary National Ambient Air Quality Standard or the primary National Ambient Air Quality Standard, whichev er is lowest for the pollutant, for a period of exposure.

12.2.5 Restrictions On Area Classifications

12.2.5.1 Class I Areas

All of the following areas which were in existence on August 7, 1977, shall be Class I areas and may not be redesignated:

(a) International parks,

(b) National wilderness areas wh ich exceed 5,000 acres in size,

(c) National memorial parks which exceed 5,000 acres in size, and

(d) National parks which exceed 6,000 acres in size.

12.2.5.2 Redesignation of Class I AreasEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-29 Areas which were redesignated as Cla ss I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in 40 CFR Part 51.

12.2.5.3 Class II Areas

Any other area, unless other wise specified in the legislation creating such an area, is initially des ignated Class II, but may be redesignated as provided in 40 CFR Part 51.

12.2.5.4 Redesignating Areas

The following areas may be redesignated only as Class I or II:

(a) An area which as of August 7, 1977, exceeded 10,000 acres in size and was a national monument, a nati onal primitive area, a national preserve, a national recr eational area, a national wild and scenic river, a national wildlife refuge, a nat ional lakeshore or seashore; and

(b) A national park or nat ional wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

12.2.5.5 Exclusions from Increment Consumption

(a) The following concentrations sh all be excluded in determining compliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from stationary sources which have conv erted from the use of petroleum products, natural gas, or bot h by reason of an order in effect under Section 2(a) and (b) ofthe Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the effective date of such an order;

(2) Concentrations attributable to the increase in emissions from sources which have conv erted from using natu ral gas by reason of natural gas curtailment plan in effect pursuant to the Federal Power Act over the emissions fr om such sources before the effective date of such plan;

(3) Concentrations of particulate ma tter attributable to the increase in emissions from construction or other temporary emissionrelated activities of new or modified sources;

(4) The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to ex-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-30 isting sources which are included in the baseline concentration; and

(5) Concentrations attributable to the temporary increase in emissions of sulfur dioxide, particu late matter, or nitrogen oxides from stationary sources which are affected by plan revisions approved by the Administrator as m eeting the criteria specified in paragraph (a)(3) of Se ction 12.2.5.5.

(b) If the plan provides that the concentrations to which paragraphs (a)(1) or (a)(2) of Section 12.2.5.5 refers shall be excluded, it shall also provide that no ex clusion of such conc entrations shall apply more than five (5) years after the effective date of the order to which paragraph (a)(1) of Section 12.2.5.5 refe rs or the plan to which paragraph (a)(2) of Section 12.2.5.5, re fers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall apply more than five (5) y ears after the later of such effective dates.

(c) For purposes of excluding conc entrations pursuant to paragraph (a)(5) of Section 12.2.5.5, the Admi nistrator may approve a plan revision that:

(1) Specifies the time over whic h the temporary emissions increase of sulfur dioxide, particulate ma tter, or nitrogen oxides would occur. Such time is not to exceed two (2) years in duration unless a longer time is approved by the Administrator.

(2) Specifies that the time period for excluding cert ain contributions in accordance with paragraph (c)(1 ) of Section 12.2.5.5, is not renewable;

(3) Allows no emissions increase from a stationary source which would:

(A) Impact a Class I area or an area where an applicable increment is known to be violated; or

(B) Cause or contribute to the vi olation of a Na tional Ambient Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period specified in accordance wit h paragraph (c)(1) of Section 12.2.5.5, which would ensure that the emissions levels from stationary sources affected by the plan revision would not exceedthose levels occurring from such sources before the plan revision was approved.

12.2.6 RedesignationEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-31 12.2.6.1 Clark County

All areas of Clark Count y (except as otherwise provided under Section 12.2.5) are designated Class II as of December 5, 1974. Redesignation of any area of the county (exc ept as otherwise preclu ded by Section 12.2.5) may be proposed by the Control Officer, as provided below and subject to approval by the Administrator, as a revision to the Nevada SIP.

12.2.6.2 Requirements

(a) Clark County, through the state ofNevada, may submit to the Administrator a proposal to redesignate areas of the county Class I or Class II provided that:

(1) At least one public hearing has been held in accordance with the procedures establis hed in Section 12.2.16;

(2) Other states, Indian Governi ng Bodies, and Federal Land Managers whose lands may be affected by the proposed redesignation were notified at least thirty ( 30) days prior to the public hearing;

(3) A discussion of the reasons fo r the proposed redesignation, including a satisfactory descripti on and analysis of the health, environmental, economic, social a nd energy effects of the proposed redesignation, was prep ared and made available for public inspection at least thirty ( 30) days prior to the hearing and the notice announcing t he hearing contained appropriate notification of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an area that includes an y federal lands, the county, through the state of Nevada, has provided wr itten notice to the appropriate Federal Land Manager and affo rded adequate opportunity (not in excess of sixty (60) days) to confer with the county respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any Federal Land Manager had submi tted written comments and recommendations, the county shall have published a list of any inconsistency between such r edesignation and such comments and recommendations (together wit h the reasons for making such redesignation against the recommendation of the Federal Land Manager); and

(5) The county, through the state of Nevada, has proposed the redesignation after consultation with the elected leadership of lo-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-32 cal and other substate general pu rpose governments in the area covered by the pr oposed redesignation.

(b) Any area other than an area to which Section 12.2.5 refers may be redesignated as Class III if:

(1) The redesignation would meet the requirements of Section 12.2.6.2;

(2) The redesignation, except any established by an Indian Governing Body, has been specifically approved by the county and the governor, after consultation with the appropriate committees of the legislature, if it is in sess ion, or with the leadership of the legislature, if it is not in sessi on (unless state law provides that the redesignation must be specific ally approved by state legislation), and if general purpose unit s of local government representing a majority of the residen ts of the area to be redesignated enact legislation or pass resolutions concurring in the redesignation;

(3) The redesignation would not caus e or contribute to a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any National Ambient Air Quality Standard; and

(4) Any permit application for any major stationary source or major modification, subject to revi ew under Section 12.2.11, which could receive a permit under Secti on 12.2 only if the area in question were redesignated as Class III, and any material submitted as part of that application, were available insofar as was practicable for public inspection prior to any public hearing on redesignation of the area as Class III.

12.2.6.3 Reserved

12.2.6.4 Administrator Approval

The Administrator will disapprove, withi n ninety (90) days of submission, a proposed redesignation of any area only if he finds, after notice and opportunity for public hearing, that such redesignation does not meet the procedural requirements of Secti on 12.2.6 or is inconsistent with Section 12.2.5. If any such disapproval occurs, the classi fication of the area shall be that which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved ProposalEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-33 If the Administrator disapproves any proposed redesignat ion, the county may resubmit the proposal after corre cting the deficiencies noted by the Administrator.

12.2.7 Stack Heights

12.2.7.1 Emissi on Limitation

The degree of emission limitation require d for control of any air pollutant under Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height ofany source as exceeds good engineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with resp ect to stack heights in existence before December 31, 1970, or to dispersion techniques implemented before then.

12.2.7.3 Stack Height Limitation

(a) The limitations set forth herein sh all not apply to st acks or dispersion techniques used by the owner or operator prior to December 31, 1970, for which the owner or operator had:

(1) Begun, or caused to begin, a continuous program of physical on-site construction of the stack;

(2) Entered into building agreemen ts or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack, to be co mpleted in a reasonable time; or

(3) Coal-fired steam electric generat ing units, subject to the provisions of Section 118 of the Act, which commenced operation before July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculat ed as the greater of the four numbers in paragraphs (b )(1) through (b)(4) of Section 12.2.7.3:

(1) 213.25 feet (65 meters);EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-34 (2) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained a ll applicable preconstruction permits or approvals required under 40 CFR Part 51 or 52, Hg = 2.5H;

(3) For all other stacks, Hg = H + 1.5L, where:

Hg = Good engineering practice stack height, measured from the ground-level elevation at the base of the stack; H = Height of nearby structur e, measured from the groundlevel elevation at the base of the stack; L = Lesser dimension (height or projected width) of nearby structure; provided that the EPA, the Contro l Officer, or a local controlagency may require the use of a field study or fluid model to verify good engineering practice (GEP ) stack height for the source;

or
(4) The height demonstrated by a fl uid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the sour ce itself, nearby structures, or nearby terrain obstacles.

(5) For a specific structure or te rrain feature, “ nearby” shall be:

(A) For purposes of applying the formulae in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, t hat distance up to five (5) times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile);

(B) For conducting demonstrations under paragraph (b)(4) of Section 12.2.7.3, not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to ten (10) times the maximum height (H+) of the feature, not to exceed two (2) miles if such feature achieved a height (H+) 0.8 km from t he stack. The height shall be at least forty (40) percent of the GEP stack height as determined by the formula provided in paragraph (b)(3) of Section 12.2.7.3 or 85 feet (26 meters ), whichever is greater, as measured from the ground-level elevation at the base of the stack.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-35 (6) “Excessive concentrations” m eans, for the purpose of determining GEP stack height under par agraph (b)(4) of Section 12.2.7.3:

(A) For sources seeking credit for stack height exceeding that established under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground-le vel concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least forty (40) percent in ex cess of the maximum concentration experienced in the abs ence of such downwash, wakes, or eddy effects, and wh ich contributes to a total concentration due to emissions from all sources that is greater than a National Ambient Air Quality Standard. For sources subject to the requirements for permits or permit revisions under Section 12.2. 7.3, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain feat ures which individually is at least forty (40) percent in ex cess of the maximum concentration experienced in the abs ence of such downwash, wakes, or eddy effects, and greater than the applicable maximum allowable increase co ntained in Section 12.2.3. The allowable emissions rate to be used in making demonstrations under paragraph (b)(4) of Section 12.2.7.3shall be prescribed by the new source performance standard which is applicable to t he source category unless the owner or operator dem onstrates that this emission rate is infeasible. Where such demons trations are approved by the Control Officer, an alter native emission rate shall be established in consultation with the source owner or operator;

(B) For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, either:

(i) A maximum ground-level concentration due inwhole or in part to downwash, wakes, or eddy effects as provided in paragraph (b)(4) of Section 12.2.7.3, except that the emission rate specified by any applicable SIP shall be used; orEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-36 (ii) The actual presence of a local nuisance caused by the existing stack, as determined by the Control Officer.

(C) For sources seeking credi t after January 12, 1979, for a stack height determined under paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, where the Control Officer requires the use of a field study or flui d model to verify GEP stackheight; for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers; and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequ ately represented by the equations in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground-le vel concentration due in whole or in part to downwash, wakes, or eddy effects that is at least forty (40) perc ent in excess of the maximumconcentration experienced in the absence of such downwash, wakes, or eddy effects.

(c) The degree of emission limitation required of any source after the respective date given in paragraph (a) of Section 12.2.7.3 for control of any pollutant shall not be affected by so much of any source’s stack height that exceeds good engineering practice, or by any other dispersion technique.

(d) Before the Control Officer issues an Authority to Construct Permit or permit revision under Section 12.2 to a source based on a good engineering practice stack height that exceeds the height allowed by paragraph (b) of Section 12.2.7.3, t he Control Officer shall notify the public of the availability of the demonstration study and provide the opportunity for a public hearing in accordance with the requirements of Section 12.2.16.

12.2.8 Exemptions

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a particular major stationary source or major modification if:

(a) The major stationary source ormajor modification would be a nonprofit health or nonprofit educational institution, or the major modification would occur at such an institution; or

(b) The source is a portable stationa ry source which has previously received a permit, and:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-37 (1) The owner or operator proposes to relocate the major stationary source, and emissions of the majo r stationary source at the new location would be temporary;

(2) The emissions from the major stationary source would not exceed its allowable emissions;

(3) The emissions from the majo r stationary source would impact no Class I area and no area wher e an applicable increment is known to be violated; and

(4) Reasonable notice is given to the Control Officer prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the Control Officer not less than ten ( 10) days in advance of the proposed relocation unless a different time duration is previously approved by the Control Officer.

(4)

12.2.8.1 Nonattainment Areas

The requirements of Sections 12.2.9 through 12.2.17 shall not apply to a major stationary source or major modi fication with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the major stationary source or major modi fication is located in an area designated as nonattainment under 40 CFR 81.329.

12.2.8.2 Class I Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 shall not apply to a major stationary source or major modification with respect to a particular pollutant if the allow able emissions of that pollu tant from the major stationary source or the net emissions incr ease of that pollutant from the major modification:

(a) Would impact no Class I area and no area where an applicable increment is known to be violated; and

(b) Would be temporary.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-38 12.2.8.3 Class II Areas

The requirements of Sections 12.2.10, 12.2.12, and 12.2.14 as they relate to any maximum allowable increase for a Class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions ofeach regulated NSR pollutant from the modification after the application of BACT would be less than fifty (50) tpy.

12.2.8.4 Threshold Limits

The Control Officer may exempt a major stationary source or major modification from the requirements of Secti on 12.2.12, with respect to monitoring for a particular pollutant, if:

(a) The emissions increase of the po llutant from the new source, or the net emissions increase of the pollu tant from the modification, would cause, in any area, air quality impacts less than the following amounts.

Table 12.2-2. Air Quality Impact Limits

Pollutant Emissions Increase (μg/m 3 ) Carbon monoxide, 8-hour average 575 Nitrogen dioxide, annual average 14

PM 2.5 , 0 (in accordance with Sierra Club vs EPA, 706 F.3d 428 D.C. Circuit 2013,no exemption is available with regard to PM 2.5 )

PM 10, 24-hour average 10 Sulfur dioxide, 24-hour average 13

Ozone No de minimisair quality level is provided for ozone. However, any net increase of 100 tpy or more of VOCs or NO x subject to PSD would require an ambient impact analysis, including the gathering of ambient air quality data. Lead, 3-month average 0.1 Fluorides, 24-hour average 0.25 Total reduced sulfur, 1-hour average 10 Hydrogen sulfide, 1-hour average 0.2 Reduced sulfur compounds, 1-hour average 10

(b) The concentrations of the pollutant in the area that the major stationary source or major modification would affect are less than the concentrations listed in paragraph (a ) of Section 12.2.8.4; or

(c) The pollutant is not listed in paragraph (a) of Se ction 12.2.8.4.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-39 12.2.9 Control Technology Review

A major stationary source or major modification shall meet each applicable requirement.

12.2.9.1 Major Stationary Sources

A new major stationary source sha ll apply BACT for each regulated NSR pollutant that it would have the potent ial to emit in significant amounts.

12.2.9.2 Major Modifications

A major modification shall apply BACT for each regulated NSR pollutant for which it would result in a significant net emissions increase at the stationary source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change, or change in the method of operation, in the emissions unit.

12.2.9.3 Phased Construction Projects

For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than eighteen (18) months prior to commencement of construction of each independent phas e of the project. At such time, the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determi nation of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impact

The owner or operator of the proposed major stationary source or major modification shall demonstrate that a llowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (i ncluding secondary emissions), would not cause or contribute to air pollution in violation of:

(a) Any NAAQS in any air quality control region; or

(b) Any applicable maximum allowable increase over the baseline concentration in any area.

12.2.10.2 Violati on of Standard

A major stationary source or major m odification will be considered to cause or contribute to a violation of a Nati onal Ambient Air Quality Standard when such source or modification would, at a minimum, exceed the significanceEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-40 levels listed in Table 12.2-3 at any lo cality that does not (or would not) meet the applicable national standard.

Table 12.2-3 a . Significance Levels

Pollutant Annual Significance Levels Averaging time (hours)

24 8 3 1

SO 2 1.0 μg/m 3 5 μg/m 3 25 μg/m 3

PM 10 1.0 μg/m 3 5 μg/m 3

NO 2 1.0 μg/m 3

CO 0.5 mg/m 3 2 mg/m 3

For purposes of PM 2.5 , the demonstration required in paragraph (k)(1) of this section is deemed to have been made if the emissions increase from the new stat ionary source alone or from the modification alone would cause, in all areas, air quality impacts less than the following amounts:

Table 12.2-3b. PM 2.5 Significance Levels

Pollutant Averaging time Class I Area Class II Area Class III Area

PM 2.5 Annual 0.06 μg/m 3 0.3 μg/m 3 0.3 μg/m 3

PM 2.5 24-hour 0.07 μg/m 3 1.2 μg/m 3 1.2 μg/m 3

12.2.11 Air Quality Models

12.2.11.1 Model Applicability

All estimates of ambient concentrations required under Section 12.2 shall be based on applicable air quality models, databases, and other requirements specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”).

12.2.11.2 Model Modificati ons and Substitutions

Where an air quality model specifie d in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”) is inappropriate, the model may be modified or another model substituted. Such a modification or substitution of a model may be made on a case-by-case basis or, where appropriate, on a generic basis. Written approval of t he Administrator must be obtained for any modification or substitution. In additi on, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with Section 12.2.16.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-41 12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

(a) Any application for an Authority to Construct Permit under Section 12.2 shall contain an analys is of ambient air quality in the area that the major stationary source or majo r modification would affect for each of the following :

(1) For the source, each pollutant that it would have the potential to emit in a significant amount; or

(2) For the modification, each polluta nt for which it would result in a significant net emissions increase.

(b) With respect to any such polluta nt for which no National Ambient Air Quality Standard exists, the analysi s shall contain such air quality monitoring data as the Control Office r determines is necessary to assess ambient air quality for that pollu tant in any area that the emissions of that pollutant would affect.

(c) With respect to any such pollu tant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring dat a gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(d) In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one (1) year and shall represent at least the year pr eceding receipt of the application; except that, if the Control Officer determines that a complete and adequate analysis can be accomplis hed with monitori ng data gathered over a period shorter than one (1) y ear (but not to be less than four (4) months), the data t hat is required shall have been gathered over at least that shorter period.

(e) The owner or operator of a proposed new stat ionary source or modification of an existing stationary s ource of volatile organic compounds who satisfies all conditions of 40 CFR Part 51, Appendix S, Section IV may provide post-approv al monitoring data for ozone in lieu of providing preconstructi on data as required under Section 12.2.12.1.

(f) With respect to any requirement s for air quality monitoring of PM 10 , the owner or operator of the major stationary source or major modification shall use a monitoring method approved by the Administrator and shall estimate the ambi ent concentrations of PM 10 using the dataEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-42 collected by such approved monitoring method in accordance with estimating procedures approved by the Control Officer.

12.2.12.2 Post-Construction Monitoring

The owner or operator of a major stat ionary source or major modification shall, after construction of the major st ationary source or major modification,conduct such ambient monitoring as the Control Officer determines is necessary to determine the effect emissions from the major stationary source or major modification may have, or are having, on air quality in any area.

12.2.12.3 Operations of Monitoring Stations

The owner or operator of a major stat ionary source or major modification shall meet the requirements of 40 CF R Part 58, Appendi x B during the operation of monitoring stat ions for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed majo r stationary source or major modification shall submit all information necessary to perform any analysis or make any determination required under Section 12.2.13.

12.2.13.1 Required Information

With respect to a major stationary sour ce or major modification to which Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such information shall include:

(a) A description of the nature, loca tion, design capacity, and typical operating schedule of the major stationar y source or major modification, including specifications and drawi ngs showing its design and plant layout;

(b) A detailed schedule for construction of the major stationary source or major modification;

(c) A detailed description as to w hat system of continuous emission reduction is planned for the major stat ionary source or major modification, emission estimates, and any ot her information necessary to determine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Contro l Officer, the owner or oper ator shall also provide information on:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-43 (a) The air quality impact of the majo r stationary source or major modification, including meteorological and topographical data necessary to estimate such impact; and

(b) The air quality impacts, and the nat ure and extent ofany or all general commercial, residential, indu strial, and other growth which has occurred since the major source bas eline date in the area the major stationary source or major modification would affect.

12.2.14 Additional Impact Analyses

12.2.14.1 Visibility, Soils, and Vegetation

The owner or operator shal l provide an analysis of t he impairment to visibility, soils, and vegetation t hat would occur as a result of the proposed major stationary source or major modifica tion, and general commercial, residential, industrial and other growth associ ated with the major stationary source or major modification. The owner or operator need not provide an analysis of the impact on vegetation having no significant commercia l or recreational value.

12.2.14.2 Commercial, Residential, Industrial, and Other Growth

The owner or operator shall provide an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification.

12.2.15 Additional Requirements fo r Sources Impacting Class I Areas

12.2.15.1 Notice to EPA

The Control Officer shall transmit to the Administrator a copy of each permit application relating to a major stationar y source or major modification, and provide notice to the Administrator of every action related to the consideration of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager an d the federal official charged with direct responsibility for management of Class I lands have an affirmative responsibility to protect the air quality-related valu es (including visibility) of any such lands and to consider, in consultation with the Administrator, whether a proposed source or modification would hav e an adverse impact on such values. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or majo r modification that may impact visibility in any Class I Area, in accordance with 40 CFR 51.307.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-44 12.2.15.3 Impact of Denial on Air Quality-Related Values

A Federal Land Manager of any Class I lands may present to the county, after the Control Officer’s preliminar y determination (required under procedures developed in accordance with Sect ion 12.2.16), a demonstration that the emissions from the proposed sour ce or modification would have an adverse impact on the air quality-related valu es (including visibility) of any federal mandatory Class I lands, notwithst anding that the c hange in air quality resulting from emissions from such s ource or modification would not cause or contribute to concentrations whic h would exceed the maximum allowable increases for a Class I area. If the count y, through the state of Nevada, concurs with such demonstration, the Cont rol Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed s ource or modification may demonstrate to the Federal Land Manager that the emissions from such source would have no adverse impact on the ai r quality-related values of such lands (including visibility), notwithstandi ng that the change in air quality resulting from emissions from such s ource or modification would cause or contribute to concentrations which would exceed the ma ximum allowable increases for a Class I area. If the Federal Land Manager concurs with such demonstration and so certifies to the state of Nevada, the Control Officer may, provided that applicable requirem ents are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur diox ide and particulate matter would not exceed the following maximum allowable increases ov er baseline concentration for such pollutants.

Table 12.2-4. Maximum Allowable Pollutant Increases

Pollutant Maximum allowable increase ( μ g/m 3 )

Particulate Matter:

PM 2.5 , annual arithmetic mean 4

PM 2.5 , 24-hr maximum 9

PM 10 , annual arithmetic mean 17

PM 10 , 24-hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24-hour maximum 91

3-hr maximum 325
Nitrogen dioxide:

Annual arithmetic mean 25EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-45 12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s Concurrence

(a) The owner or operator of a pro posed source or modification which cannot be approved under procedures developed pursuant to Section 12.2.16 may demonstrate to t he governor, through the ControlOfficer, that the source or modification cannot be constructed by reason of any maximum allowable increas e for sulfur dioxide for periods of twenty-four (24) hours or less applicable to any Class I area and, in the case of federal mandatory Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility).

(b) The Control Officer, through the gov ernor, after consideration of the Federal Land Manager’s recommendatio n (if any) and subject to his concurrence, may grant, after noti ce and an opportunity for a public hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the C ontrol Officer may issue a permit to such source or modification in accordance with provisions developed pursuant to Section 12. 2.16, provided that the applicable requirements of the Nevada SI P are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Cont rol Officer, through the governor, and the Federal Land M anager shall be transferr ed to the president in any case where the governor re commends a variance in which the Federal Land Manager does not concur.

(b) The president may approve t he governor’s recommendation if he finds that such variance is in the national interest.

(c) If such a variance is approved, t he Control Officer may issue a permit in accordance with provisions de veloped pursuant to the requirements of Section 12.2.16, provided that the applicab le requirements of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitati ons for Presidential or Gubernatorial Variance

In the case of a permit issued underprocedures developed pursuant to Section 12.2.16, the source or modifica tion shall comply with emission limitations as may be necessary to assure t hat emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations which would exce ed the maximum allowable increases over the baseline concentration shown in Table 12.2-5, and to assure that such emissions would not cause or c ontribute to concentrations which ex-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-46 ceed the otherwise applicable maximum a llowable increases for periods of exposure of twenty-four ( 24) hours or less for more than eighteen (18) days, not necessarily consecutive, during any annual period.

Table 12.2-5. Maximum Allowable Increase ( μ g/m 3 )

Period of exposure Low Terrain High Terrain

24-hr maximum 36 62

3-hr maximum 130 221

12.2.16 Public Participation

12.2.16.1 Notice of Proposed Action

(a) An application shall be deemed to be complete unless, within sixty (60) days of receipt, the Control Offi cer notifies the applicant by certified mail that the application is def icient and not complete. In the event of a deficiency, the date of receipt of the app lication shall be the date on which the Control Offi cer received all required information.

(b) Within one (1) year after receipt of a complete application, the Control Officer shall:

(1) Make a preliminary determinat ion whether cons truction should be approved, approved with condit ions, or disapproved; and

(2) Make available in at least one (1) location in each region in which the proposed source would be constructed a copy of all materials the applicant submitted, a copy of the preliminary determination, and a copy or summar y of other materials, if any, considered in making the preliminary determination.

(c) After receipt of a complete applic ation for an Authority to Construct Permit under Sections 12.2, or 12. 3 and 12.4, the Control Officer shall publish in a newspaper of gener al circulation within Clark County, Nevada, within each region in which the proposed source would be constructed, and on the department 's web site a Notice of Proposed Action on the application containing the following:

(1) The date of the department’s re ceipt of the completed application;

(2) The location where documents relevant to the application will be available;

(3) For an Authority to Construct Permit reviewed pursuant to Section 12.2, a summary of the following:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-47 (A) The results of air quality modeling and any other air quality impact analyses;

(B) The results of the analysis of alternatives;

(C) The determination of BACT; and

(D) The level of PSD increm ents to be consumed by the source, as determined under Section 12.2.3.

(4) For an Authority to Construct Permit reviewed pursuant to Section 12.3, a summary of the following:

(A) Statewide compliance demonstration;

(B) Air quality impact analysis;

(C) Determination of the LAER; and

(D) Description of the emissions offsets relied upon in the application.

(5) The department’s pr eliminary determinati on of whether the application should be appr oved or disapproved;

(6) The proposed Authority to Construct Permit conditions;

(7) A determination by the Control Officer that the approval of the construction will not cause or cont ribute to a violation of a National Ambient Air Quality Standar d, a PSD increm ent identified in Section 12.2.3, or otherwise violate any pr ovisions of the Nevada SIP;

(8) The total PTE of each regulat ed NSR pollutant, as applicable;

(9) An opportunity for any person to submit wri tten comments on the application and any documents re levant to the application; and

(10) An opportunity for any pers on to request a public hearing at which oral and written comments on the application will be received, or notice of such a hearing if one has been scheduled.

(d) All written comments must be rece ived by the Cont rol Officer within thirty (30) days from the publicatio n date of the Notice of Proposed Action.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-48 12.2.16.2 Distributio n of Notice

The Control Officer shall send a copy of the Notice of Proposed Action to the applicant and to officials and agencies having jurisdiction over the location where the proposed construction would occur, including:

(a) Any other state or local air pollution control agencies;

(b) The chief executives of the ci ty and county where the source would be located;

(c) Any comprehensive regional land use planning agency;

(d) Any state, Federal Land Manager, and Indian governing body whose lands may be affected by emissions fr om the source or modification;

(e) The Regional Administra tor for EPA’s Region 9; and

(f) Any other person who requests such notice.

12.2.16.3 Public Hearings

During the Notice of Proposed Action pu blic comment perio d specified in Section 12.2.16.1, any pers on may petition the Control Officer, in writing, for a public hearing. All such petitions shall contain th e petitioner’s name, address, daytime telephone number, and t he reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer det ermines that there is a significant degree of public interest, t he Control Officer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Proposed Action but no later than seventy ( 70) days, after the date of the Notice of Proposed Action. In determining if a significant degr ee of public interest exists, the Control Officer shall consid er all relevant factors, including, but not limited to, the number of petitioners, the natur e of their concerns as stated in their petitions, the type and quantity of pollutants emitted by the source and the proximity of the source to sensitive areas like parks, schools, hospitals, residential areas or Class 1 air sheds.

The petitioner and the applicant shall re ceive no less than seven (7) days’ prior written notice of the date and loca tion of the public hearing. Any notice of hearing shall also be posted on the department’s website no less than seven (7) days prior to the public hearing.

12.2.16.5 Comments and Approvals

The Control Officer shall also:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-49 (a) Consider all written comments submitted within a time specified in the notice of public co mment, and all comments received at any public hearing(s), in making a final dec ision on the approvability of the application. The Control Officer shal l make all comments available for public inspection in the same locations where the Control Officer made available preconstruction info rmation relating to the proposed source or modification;

(b) Make a final determination whether construction should be approved, approved with conditions, or disapproved; and

(c) Notify the applicant in writing of the final determination and make such notification available for public inspection at the same location where the Control Officer made ava ilable preconstruction information and public comments relating to the source.

12.2.16.6 Enhanced Public Participation Procedures

If the terms and conditions of an Authority to Construct Permit are to be incorporated into a Part 70 Operating Permit through an administrative permit revision, as provided in paragraph (a)(5) of Section 12.5.2.13, in addition to the foregoing public partic ipation procedures, the app licant shall comply with the requirements of Section 12.5.2.17.

12.2.17 Source Obligation

12.2.17.1 Enforcement

Any owner or operator who constructs or operates a source or modification not in accordance with t he application submitted pursuant to Section 12.2 and with any changes to t he application as required by the Control Officer, or with the terms of its Authority to Construct Permit, or any owner or operator of a source or modification subj ect to Section 12.2 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Pe rmit, shall be subject to enforcement action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not commenced within eighteen (18) months after receipt of such permit if construction is discontinued for a per iod of eighteen (18) mont hs or more, or if construction is not completed within a r easonable time. The Control Officer may extend the 18-month period upon a satisfactory showing of good cause why an extension is justified. This provision does not app ly to the time period between construction of the approved phases of a phased construction pro-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-50 ject; each phase must commence constr uction within eighteen (18) months of the projected and appr oved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Constr uct Permit shall not relieve any owner or operator of the responsibil ity to comply fully with applicable provisions of the Nevada SIP and any other requirem ents under local, st ate, or federal law.

12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stati onary source or modification becomes a major stationary source or major modifica tion solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the stationary source or modification otherwise to emit a pollutant, then the requirement s of Sections 12.2.9 th rough 12.2.17 shall apply to the stationary source or modifi cation as though construction had not yet commenced on the stationary source or modification.

12.2.18 Innovative C ontrol Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationary source or major modification may request the Control Officer to approve a system of innovative control technology.

12.2.18.2 Requirements for Approval

The Control Officer may, with the consent of the governor of the state of Nevada and the governors of other affect ed states, determine that the major stationary source or major modificati on may employ a system of innovative control technology if:

(a) The proposed control system would not cause or contribute to an unreasonable risk to public health, welfar e, or safety in its operation or function;

(b) The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to th at which would have been required under Section 12.2.9.2 by a date s pecified by the Control Officer. Such date shall not be later than f our (4) years from the time of startup or seven (7) year s from permit issuance;

(c) The major stationary source or major modification would meet the requirements of Sections 12.2. 9 and 12.2.10, based on the emis-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-51 sions rate that the stationary sour ce employing the system of innovative control technology would be r equired to meet on the date specified by the Control Officer;

(d) The major stationary source or major modification would not, before the date specified by the Control Officer:

(1) Cause or contribute to a violation of an applicable National Ambient Air Quality Standard; or

(2) Impact any area where an applicable increment is known to be violated.

(e) All other Applicable Requirements, including those for public participation, have been met; and

(f) The provisions of Section 12.2.15 (relating to Class I areas) have been satisfied with respect to all periods during the life of the major stationary source or major modification.

12.2.18.3 Withdrawal of Approval

The Control Officer shall withdraw any ap proval to employ a system of innovative control technology m ade under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the required continuous emissi ons reduction rate;

(b) The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

(c) The Control Officer decides at an y time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

12.2.18.4 BACT Extension for Failure or Withdrawal

If a major stationary source or major m odification fails to meet the required level of continuous emission reduction wit hin the specified time period, or the approval is withdrawn in accordance with Section 12.2.18.3, the Control Officer may allow the major stationary sour ce or major modifi cation up to an additional three (3) years to meet t he requirement for the application of BACT through use of a demonstrated system of control.

12.2.19 Plantwide Applicability Limits (PALs)

The provisions in Sections 12.2.19.1 through 12.2.19.15 of this section govern actuals PALs.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-52 12.2.19.1 Applicability

(a) The Control Officer may approve t he use of an actuals PAL for any existing major stationary source if the PAL meets the requirements in Sections 12.2.19.1 through 12.2.19. 15. The term “PAL” shall mean “actuals PAL” throughout Section 12.2.19.

(b) Any physical change in, or chan ge in the method of operation of, a major stationary source that main tains its total source-wide emissions below the PAL level, meet s the requirements of Section 12.2.19, and complies with the Aut hority to Construct Permit:

(1) Is not a major modifica tion for the PAL pollutant;

(2) Does not have to be approved through the PSD program; and

(3) Is not subject to the prov isions in Section 12.2.17.4.

(c) Except as provided under paragr aph (b)(3) of Section 12.2.19.1, a major stationary source shall cont inue to comply with all applicable federal, state or county requirement s, emission limitat ions, and work practice requirements that were est ablished prior to the effective date of the PAL.

12.2.19.2 Definitions

(a) Unless the context otherwise requ ires, the following terms shall have the meanings set forth below for the purposes of Section 12.2.19. When a term is not defi ned in these paragraphs , it shall have the meaning given in Section 12.2.2, Section 0, Section 12.4, or the Act.

(1) “Actuals PAL for a major stat ionary source” means a PAL based on the baseline actual emissions of all emissions units at the source that emit, or have the pot ential to emit, the PAL pollutant.

(2) “Allowable emissions” means “a llowable emissions” as defined in paragraph (a)(3) of Section 12.2.2, except as that definition is modified according to paragraph (A) of this definition:

(A) The allowable emissions for any emissions unit shall be calculated considering any emis sion limitations that are enforceable as a practical matter on the emissions unit’s potential to emit.

(3) “Major emissions unit” means:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-53 (A) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollu tant in an attainment area;

or
(B) Any emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount that is eq ual to or greater than the major source threshold for the PAL pollutant as defined by the Act for nonattainment areas.

(4) “PAL” means an emission limitation, expressed in tpy, for a pollutant at a major stationary source that is enforceable as a practical matter and established sour ce-wide in accordance with Sections 12.2.19.1 through 12.2.19.15.

(5) “PAL effective date” generally means the date of issuance of the Authority to Construct Permit. Ho wever, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modificati on becomes operational and begins to emit the PAL pollutant.

(6) “PAL effective period” means the period beginning with the PAL effective date and ending t en (10) years later.

(7) “PAL major modification” means , notwithstanding the definitions for major modification and net emissions increase, any physical change in, or change in the met hod of operation of, the PAL source that causes it to emit t he PAL pollutant at a level equal to or greater t han the PAL.

(8) “PAL pollutant” means the pollu tant for which a PAL is established at a major stationary source.

(9) “Significant emissions unit” m eans an emissions unit that emits, or has the potential to emit, a PAL pollutant in an amount that is equal to or greater than the signif icant level as defined in these AQRs or the Act, whichever is lo wer, for that PAL pollutant, but less than the amount that woul d qualify the unit as a major emissions unit.

(10) “Small emissions un it” means an emissions unit that emits, or has the potential to emit, the PAL pollutant in an amount less than the significant level for that PAL pollutant as defined in these AQRs or the Act, whichever is lower.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-54 12.2.19.3 Permit Application Requirements

As part of a an applicati on for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source sh all submit the following information to the Contro l Officer for approval:

(a) A list of all emissions units at t he source designated as small, significant, or major based on their potentia l to emit. In addition, the owner or operator of the source shall indica te which, if any, federal, state or county applicable requirem ents, emission limitations, or work practices apply to each unit;

(b) Calculations of the baseline actu al emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operat ion of the unit, but also emissions associated with startup, shut down, and malfunction; and

(c) The calculation proce dures that the major stationary source owner or operator proposes to use to conver t the monitoring system data to monthly emissions and annual em issions based on a 12-month rolling total for each month as requir ed by paragraph (a) of Section 12.2.19.13.

12.2.19.4 General Requirements for Establishing PALs

(a) The Control Officer may establis h a PAL at a major stationary source, provided that, at a minimu m, the requirements in paragraphs (a)(1) through (a)(7) of Section 12.2.19.4 are met.

(1) The PAL shall impose an annual emi ssion limitation, in tpy, that is enforceable as a practical matt er for the entire major stationary source. For each month during the PAL effective period afterthe first twelve (12) months of establishing a PAL, the major stationary source owner or operator s hall show that the sum of the monthly emissions from each emi ssions unit under the PAL for the previous twelve (12) cons ecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first eleven (11) months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly em issions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

(2) The PAL shall be established in an Authority to Construct Permit that meets the public participa tion requirements in Section 12.2.19.5.

(3) The Authority to Construct Pe rmit shall contain all the requirements of Section 12.2.19.7.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-55 (4) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit, or have the potential to emit, the PAL pollutant at the major stationary source.

(5) Each PAL shall regulate em issions of only one pollutant.

(6) Each PAL shall have a PAL effe ctive period of t en (10) years.

(7) The owner or operator of the ma jor stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in Sections 12.2.19.12 through 12.2.19.14 for each emissions uni t under the PAL through the PAL effective period.

(b) At no time during or after the PAL effective period are emissions reductions of a PAL pollutant which occur during the PAL effective period creditable as decreases for purposes of offsets under Section 12.3.6 unless the level of the PAL is reduced by the amount of such emissions reductions and such reducti ons would be creditable in the absence of the PAL.

12.2.19.5 Public Participat ion Requirements for PALs

PALs for existing major stationary source s shall be established, renewed, or increased through the public participati on procedures in Section 12.2.16.

12.2.19.6 Setting the 10-year Actuals PAL Level

(a) Except as provided in paragraph (b ) of Section 12.2.19.6, the actuals PAL level for a major stationary s ource shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source plus an amount equal to the applicable significant level for the PAL pollu tant under these AQRs or under the Act, whichever is lower. When est ablishing the actuals PAL level for a PAL pollutant, only one consecutiv e 24-month period must be used to determine the baseline actual em issions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollu tant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Control Officer shall specify a reduced PAL level(s) (in tp y) in the Authority to Construct Permit, to become effective on the future compliance date(s) of any applicable federal or stat e regulatory requirement(s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (thi s does not include modifications to existing units) on which actual co nstruction began after the 24-month period, in lieu of adding the baseline actual emi ssions as specified inEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-56 paragraph (a) of Section 12.2.19.6, the emissions must be added to the PAL level in an amount equal to the PTE of the units.

12.2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

The contents shall include the informa tion in paragraphs Section 12.2.19.7 (a) through (j) as listed below:

(a) The PAL pollutant and the applic able source-wide emission limitation in tpy.

(b) The effective date and the expirati on date of the PAL conditions (i.e., PAL effective period).

(c) Specification in the permit that if a major st ationary source owner or operator applies to renew the PAL conditions in accordance with Section 12.2.19.10 before the end of the PAL effective period, then the PAL conditions shall not expire at the end of the PAL effective period. It shall remain in effect unt il a revised Part 70 Operating Permit is issued by the Control Officer;

(d) A requirement that emission calc ulations for compliance purposes include emissions from startups , shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stationary source is subject to the re quirements of Section 12.2.19.9;

(f) The calculation proce dures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total, as required by paragraph (a) of Section 12.2.19.13;

(g) A requirement that the major st ationary source owner or operator monitor all emissions units in a ccordance with the provisions under Section 12.2.19.12;

(h) A requirement to retain th e records required under Section 12.2.19.13 on-site. Such records may be retained in an electronic format;

(i) A requirement to submit t he reports required under Section 12.2.19.14 by the required deadlines; and

(j) Any other requirement s that the Control Offic er deems necessary to implement and enforce the PAL conditions.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-57 12.2.19.8 PAL Effective Period and Reopen ing of the PAL Conditions in a Part 70 Operating Permit

The conditions in a Part 70 Operating Permit that contain a PAL shall include the following information:

(a) PAL Effective Period. The Control Officer shall specify a PAL effective period of ten (10) year s from the date of issuance.

(b) Reopening of the PAL Conditions in a Part 70 Operating Permit

(1) During the PAL effective period, the permit shall require the Control Officer to reopen the PAL conditions in a Part 70 Operating Permit to:

(A) Correct typographical/calculatio n errors made in setting the PAL, or reflect a more accura te determination of emissions used to establish the PAL;

(B) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under Section 12.3; or

(C) Revise the PAL to reflect an increase in the PAL, as provided under Section 12.2.19.11.

(2) The Control Officer may reopen t he conditions of a Part 70 Operating Permit authorizing a PAL for the following:

(A) Reduce the PAL to reflect newly applicable federal requirements with compliance dates after the PAL effective date.

(B) Reduce the PAL consistent with any other requirement that is enforceable as a practica l matter, and that the Control Officer may impose on the major stationary source under the Nevada SIP.

(C) Reduce the PAL if the Contro l Officer determines that a reduction is necessary to avoid ca using or contributing to a National Ambient Air Qualit y Standard or PSD increment violation, or to an adverse impact on an air quality-related value that has been identified for a feder al Class I area by a Federal Land Manager and for which information is available to the general public.

(3) Except for the permit reopening in paragraph (b)(1)(A) of Section 12.2.19.8 for the correction of typographical/calculation er-EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-58 rors that do not increase the PAL level, all other reopenings shall be carried out as significant permit revisions to a Part 70 Operating Permit.

12.2.19.9 Expiration of a PAL

Any PAL which is not renewed in acco rdance with the procedures in Section 12.2.19.10 shall expire at the end of the PAL effective period, and the requirements in paragraphs (a) through (e ) of Section 12.2.19.9 shall apply.

(a) Each emissions unit (or each group of emissions units ) that existed under the PAL shall comply with an allowable emission limitation under a revised Part 70 Operating Permit established according to the procedures in paragraphs (a)(1) and (a)(2) of Section 12.2.19.9:

(1) Within the time frame specifie d for PAL renewals in paragraph (b) of Section 12.2.19.10, the major stationary source shall submit a proposed allowable emissi on limitation for each emissions unit (or each group of emissi ons units, if such a distribution is more appropriate as deci ded by the Control Officer) by distributing the PAL allowable emissions for the affected major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that becam e effective during the PAL effective period, as required under paragraph (e) of Section 12.2.19.10, such distribution shal l be made as if the PAL had been adjusted.

(2) The Control Officer will deci de whether and how the PAL allowable emissions will be distributed and issue a revised Part 70 Operating Permit incorporating a llowable limits for each emissions unit, or each group of emi ssions units, as the Control Officer determines is appropriate.

(b) Each emissions unit(s) shall co mply with the allowable emission limitation on a 12-month rolling basis. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, orCPMS to demonstrate compliance with the allowable emission limitation.

(c) Until the Control Officer issues t he revised Part 70 Operating Permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under paragraph (a)(2) of Section 12.2.19.9, the source s hall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-59 (d) Any physical change in, or change in the method of operation at, the major stationary source will be subjec t to major NSR requirements if such change meets the definit ion of major modification.

(e) The major stationary source owner or operator shall continue to comply with any federal, state or county applicable requirements that may have applied either during the PAL effective period or prior to the PAL effective period, except for those limitations that were eliminated by the PAL in accordance wit h the provisions of paragraph (b)(3) of Section 12.2.19.1.

12.2.19.10 Renewal of a PAL

(a) The Control Officer will follow the procedures specif ied in Sections 12.2.19.5 and 12.4 in approving any request to renew the PAL conditions in a Part 70 Operating Pe rmit, and will provide both the proposed PAL level and a written rational e for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for t he source for consideration by the Control Officer.

(b) Application Deadline. A major stationary sour ce owner or operator shall submit a timely application to the Control Officer to request renewal of the PAL conditions in a Part 70 Operating Permit. A timely application is one that is submitted at least six (6) months prior to, but not earlier than eighteen (18) prior to, the date of expiration of the Part 70 Operating Permit contai ning the PAL. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major stationary source submits a complete applicat ion to renew the PAL conditions in a Part 70 Operating Permit with in this time period, then the PAL conditions shall continue to be effect ive until the revised permit with the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL conditions shall be incorporated into the application for renewal of the affected Part 70 Operating Permit, and shall contain the information required in paragraphs (c)(1) thro ugh (c)(4) of Section 12.2.19.10:

(1) The information required in paragraphs (a) through (c) of Section 12.2.19.3;

(2) A proposed PAL level;

(3) The sum of the PTE of all em issions units under the PAL (with supporting documentation); andEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-60 (4) Any other information the owner or operator wishes the Control Officer to consider in determini ng the appropriate level for renewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will consi der the options outlined in paragraphs (d)(1) and (d)(2) of this Sect ion 12.2.19.10. However, in no case may any such adjustment fail to comply with paragraph (d)(3) of Section 12.2.19.10.

(1) If the emissions level calculated in accordance with Section 12.2.19.6 is equal to or greater than eighty (80) percent of the PAL level, the Control Officer ma y renew the PAL at the same level without considering the fact ors set forth in paragraph (d)(2) of Section 12.2.19; or

(2) The Control Officer may set t he PAL at a leve l that he determines to be more representative of the source’s baseline actual emissions, or that he or she det ermines to be appropriate considering air quality needs , advances in control technology, anticipated economic growth in the ar ea, desire to reward or encourage the source’s voluntary emi ssions reductions, or other factors as specifically identified by the Control Officer in his or her written rationale.

(3) Notwithstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stat ionary source is less than the PAL, the Control Officer shall adj ust the PAL to a level no greater than the PTE of the source; and

(B) The Control Officer shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with t he provisions of Section 12.2.19.11.

(e) If the compliance date for a federal or state requirement that applies to the PAL source occurs during t he PAL effective period, and if the Control Officer has not already adj usted for such requirement, the PAL shall be adjusted at the time the affected Part 70 Operating Permit is renewed.of the PAL permit renewal or Part 70 Operating Permit renewal, whichever occurs first.

12.2.19.11 Increasing a PAL duri ng the PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the major stationary source complies wit h the provisions in paragraphs (a)(1) through (a)(4) of Section 12.2.19.11:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-61 (1) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit as a significant revision to the affected Part 70 Operating Permit. Such application shall ident ify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source’s emissions to equal or exceed its PAL.

(2) As part of this application, t he major stationary source owner or operator shall demonstra te that the sum of the baseline actual emissions of the small emission s units, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BA CT-equivalent controls), plus the sum of the allowable emissions of the new or modified emissions unit(s), exceeds the PAL. T he level of control that would result from BACT-equi valent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the app lication is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was es tablished within the preceding ten (10) years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

(3) The owner or operator obtains an Authority to Construct Permit pursuant to Section 12.4 for all emissions unit(s) identified in paragraph (a)(1) of Section 12.2.19. 11, regardless of the magnitude of the emissions increase re sulting from them. The emissions unit(s) shall comply with any emissions requirements resulting from the Authority to Co nstruct Permit issuance process, even though it has also become s ubject to the PAL or continues to be subject to the PAL.

(4) The PAL conditions in a Part 70 Operating Permit shall require that the increased PAL level be effective on the day any emissions unit that is part of the significant permit revision becomes operational and begins to em it the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissi ons of the significant and major emissions units (assuming applicati on of BACT-equivalent controls as determined in accordance wit h paragraph (a)(2) of Section 12.2.19.11), plus the su m of the baseline act ual emissions of the small emissions units.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-62 (c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level purs uant to the public notice requirements of Section 12.2.19.5.

12.2.19.12 Monitoring Re quirements for PALs

(a) General Requirements

(1) The PAL conditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that accurately determines plantwide emi ssions of the PAL pollutant interms of mass per unit of time. Any monitoring system authorized for use in the PAL conditions must be based on sound science and meet generally acceptabl e scientific procedures for data quality and manipulat ion. Additionally, the information generated by such system must m eet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL conditions.

(2) The PAL monitoring system must employ one (1) or more of the four (4) general monitoring approaches meeting the minimum requirements set forth in para graphs (b)(1) through (b)(4) ofSection 12.2.19.12, and must be approved by the Control Officer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL monitoring system may also em ploy an alternative monitoring approach that meets paragraph (a)(1 ) of Section 12.2.19.12 if approved by the Control Officer.

(4) Failure to use a monitoring syst em that meets the requirements of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requireme nts for Approved Monitoring Approaches. The following are acceptabl e general monitoring approaches when conducted in acco rdance with the minimum requirements in paragraphs (c) through (i) of Section 12.2.19.12:

(1) Mass balance calculations for activities using coatings or solvents;

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-63 (c) Mass Balance Calculations. An owner or operat or using mass balance calculations to monitor PAL pol lutant emissions from activities using coatings or solvents shall meet the followin g requirements:

(1) Provide a demonstrated means ofvalidating the published content of the PAL pollut ant that is contained in, or created by all materials used in or at, the emissions unit;

(2) Assume that the emissions unit emits all of t he PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

(3) Where the vendor of a material or fuel which is us ed in or at the emissions unit publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Control Officer determines there is site-specific data or a sitespecific monitoring program to support another content within the range.

(d) CEMS. An owner or operator using CE MS to monitor PAL pollutant emissions shall meet the following requirements:

(1) The CEMS must comply with applicable performance specifications found in 40 CFR Part 60, Appendix B; and

(2) The CEMS must sample, analyze, and record data at least every fifteen (15) minutes while t he emissions unit is operating.

(e) CPMS or PEMS. An owner or operator us ing a CPMS or PEMS to monitor PAL pollutant emissions s hall meet the following requirements:

(1) The CPMS or PEMS must be based on current site-specific data demonstrating a correlation betw een the monitored parameter(s) and the PAL pollutant em issions across the range of operation of the emissions unit; and

(2) Each CPMS or PEMS must sample, analyze, and record data at least every fifteen (15) minutes, or at another, less frequent interval approved by the Control Offi cer, while the emissions unit is operating.

(f) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions s hall meet the following requirements:EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-64 (1) All emission factors shall be adju sted, if appropriate, to account for the degree of uncertainty or lim itations in the factors’ development;

(2) The emissions unit shall oper ate within the designated range of use for the emission factor, if applicable; and

(3) If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor wit hin six (6) months of permit issuance unless the Control Officer determines that testing is not required.

(g) A source owner or operator mu st record and report maximum potential emissions without considering enf orceable emission limitations or operational restrictions for an emi ssions unit during any period of time that there is no monitori ng data, unless another method for determining emissions during such periods is specified in the Authority to Construct Permit.

(h) Notwithstanding the requirements in paragraphs (c) through (g) of Section 12.2.19.12, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit issuance:
(1) Establish default value(s) for determining compliance with thePAL based on the highest potential emissions reasonably estimated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no corre lation between monitored parameter(s) and the PAL pollutant em issions is a violation of the PAL.

(i) Revalidation. All data used to establis h the PAL pollutant must be revalidated through performance testi ng or other scientifically valid means approved by the Control Office r. Such testing must occur at least once every five (5) years afte r issuance of the Part 70 Operating Permit containing the PAL conditions.

12.2.19.13 Recordkeeping Requirements

(a) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of Section 12.2.19 and of theEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-65 PAL, including a determination of eac h emissions unit’s 12-month rolling total emissions, for five (5) year s from the date of such record.

(b) The PAL conditions in a Part 70 Operating Permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective per iod plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 70 Operating Permit and any applicat ions for revisions to the affected Part 70 Operating Permi t relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the conditions in the affected Part 70 Operating Permit and the data relied on in certifying the compliance.

12.2.19.14 Reporting and No tification Requirements

The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the Contro l Officer, in accordance with the conditions in the affected Part 70 Operat ing Permit. The reports shall meet the requirements in paragraphs (a) th rough (c) of Section 12.2.19.14.

(a) Semiannual Report. The semiannual report shall be submitted to the Control Officer within thirty ( 30) days of the end of each reporting period. This report shall contain the information required in paragraphs (a)(1) through (7) of Section 12.2.19.14:

(1) The identification of the owner and operator and the permit number;

(2) Total annual emissions (in tpy) , based on a 12-month rolling total for each month in the reporti ng period recorded pursuant to paragraph (a) of Section 12.2.19.14;

(3) All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions;

(4) A list of any emissions units mo dified or added to the major stationary source during the preceding 6-month period;

(5) The number, duration, and caus e of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken;

(6) A notification of a shutdown of any moni toring system, whether the shutdown was permanent or te mporary, the reason for the shutdown, the anticip ated date that the m onitoring system willEXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-66 be fully operational or replaced with another monitoring system, whether the emissions unit monito red by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determi ned by method included in the permit, as provided by paragraph (g ) of Section 12.2.19.12; and

(7) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(b) Deviation Report. The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL conditions, including periods where no monitoring was available. A report submitted pursuant to 40 CFR 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The devia tion reports shall be submitted within the time limits pr escribed by the affe cted Part 70 Operating Permit. The reports shall cont ain the following information:

(1) The identification of owner and operator and the permit number;

(2) The PAL requirement that exper ienced the deviation or that was exceeded;

(3) Emissions resulting from the deviation or the exceedance; and

(4) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.

(c) Revalidation Results. The owner or operator shall submit to the Control Officer the results of any revalidation test or method within three (3) months after completi on of such test or method.

12.2.19.15 Transition Requirements

(a) The Control Officer may not issue a PAL that does not comply with the requirements in Sections 12. 2.19.1 through 12.2.19.15 after the Administrator has approved regulati ons incorporating these requirements into the Nevada SIP.

(b) The Control Officer may superse de any PAL which was established prior to the date of approval of t he Nevada SIP by the Administrator with a PAL that complies with the r equirements of Sections 12.2.19.1 through 12.2.19.15.EXHIBIT 5

Amended 03-06-12 CC Air Quality Regulations 12.2-67 12.2.20 Invalidation

If any provision of Secti on 12.2.19, or the application of such provision to any person or circumstance, is held invalid, the remainder of Section 12.2.19, or the application of such provision to per sons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

History: Adopted May 18, 2010. Amended November 16, 2010.