ENCLOSURE 1 

CAA llO(a)(2)(A)-(M) Requirements in the 

Current Nevada State Implementation Plan (SIP) for PM2.5 

The federally enforceable applicable state implementation plan (SIP) for Nevada is compiled in 40 CFR Part 52 Subpart DD. Many 

of the miscellaneous requirements of Section 110(a)(2)(A)-(M) of the Clean Air Act (CAA) relevant to the 1997 fine particulate 

matter (PM2.5) National Ambient Air Quality Standards (NAAQS) are already contained in the current SIP'. The following table 

summarizes where the requirements of Section 1 1 O(a)(2)(A)-(M) are addressed. Provisions of the current SIP referenced below, and 

where they are codified, may be viewed in the attached copies of the regulatory and statutory elements of Nevada's SIP (Enclosures 2 

and 3, respectively). 

' The Nevada Division of Environmental Protection (NDEP) notes that many of the current SIP regulatory provisions are seriously outdated and do not 

correspond to current State regulations. In February 2005, NDEP submitted a major SIP update with a revision in January 2006 and several supplemental 

submissions thereafter in response to EPA comments. EPA has acted on a potion of these submittals, but has proposed to disapprove the majority of Nevada's 

permitting program regulations update (72 FR 19144, April 17,2007). In the Technical Support Document for their proposed disapproval, EPA observes that 

most of Nevada's updated regulations are approvable, but based on their decision that the majority of the regulations comprising Nevada's permitting program 

are not separable, EPA is proposing to disapprove almost the entire permitting program update. Of 94 permitting regulations submitted, EPA found 87 to be 

nonseparable. Of these 87, EPA found that 7 1 were actually approvable as submitted (although EPA did make minor comments on 10 of these). For the 

remaining 16 regulations, Nevada submitted evidence (August 17,2007) showing that EPA's issues had been or were being addressed for 9 of them. NDEP 

further argued that the last 7 provisions were approvable as submitted. As of the date of this PM2.3 SIP submittal, EPA has not made a final determination 

regarding the update of Nevada's SIP permitting provisions. NDEP contends that although the current Nevada applicable SIP satisfies all of the 

basiclinfiastructure requirements of CAA 1 10(a)(2), Nevada's PM2.3 SIP would better address the CAA requirements if NDEP's permitting program update was 

approved. NDEP once again urges EPA to approve Nevada's permitting provisions update. 

1 

Section 11 0(a) 

element 

31 lO(a)(2)(A) 

Summary of element from EPA's 

October 2,2007 guidance 

Section 110(a)(2)(A) requires SIPS to include 

enforceable emission limits and other control 

measures, means or techniques, schedules 

for compliance and other related matters. 

€PA notes that the specific nonattainment 

area plan requirements of section 110(a)(2)(1) 

are subject to the timing requirement of 

section 172, not the timing requirement of 

section 110(a)(l), and also that SIPS to meet 

this section are not covered by the Consent 

Decree. 

Provisions in the current Nevada SIP 

The SIP includes enforceable emission limits and other control measures, means or 

techniques, schedules for compliance and other related matters in Nevada Administrative 

Code (NAC) 4458.22017,4458.2202,4458.22027,445.729,445.730,4458.2203, 

4458.22033, 4458.22037, Article 7.2.5.1, 4458.22043,4458.22047, 4456.2205, 

4458.22067,4458. 2207, Article 16.3.3.2, Article 16.3.3.3, 4458.808,4458.816, 

4458.2209, 4458.22097, and the Article 13 'General Provisions for the Review of New 

Sources." 

Under EPA's transition policy, PMlo may properly be used as a surrogate for PM2.5 in 

meeting NSR requirements. 
element 

511 O(a)(2)(B) 

Section 1 lO(a) 

~ctober 2,2007 guidance 

Section 110(a)(2)(B) requires SIPS to include 

provisions to provide for establishment and 

operation of ambient air quality monitors, 

collecting and analyzing ambient air quality 

data, and making these data available to EPA 

upon request. 

Summary of element from EPA's 

Section 11 O(a)(2)(C) requires States to 

include a program providing for enforcement 

of all SIP measures and the regulation of 

construction of new or modified stationary 

sources to meet prevention of significant 

deterioration (PSD) and nonattainment new 

source review (NSR) requirements. 

Section 110(a)(2)(D) requires SIPS to include 

provisions prohibiting any source or other type 

of emissions activity in one State from 

contributing significantly to nonattainment, or 

interfering with maintenance, of the NAAQS in 

another State, or from interfering with 

measures required to prevent significant 

deterioration of air quality or to protect visibility 

in another State. 

Section 11 O(a)(2)(E) requires States to provide 

for adequate personnel, funding, and legal 

authority under State law to carry out its SIP, 

and related issues. 

Section 11 O(a)(2)(F) requires States to 

establish a system to monitor emissions from 

stationary sources and to submit periodic 

emissions reports. 

Section 11 O(a)(2)(G) requires States to 

provide for authority to address activities 

causing imminent and substantial 

endangerment to public health, including 

contingency plans to implement the 

Provisions in the current Nevada SIP 

NDEP operates an air quality monitoring network that collects ambient air quality data that 

are compiled, analyzed and reported to EPA. The network comprises federally-approved 

monitors that measure ozone, carbon monoxide and PMlo. Under EPA's transition policy, 

PMlo may properly be used as a surrogate for PM2.5 in meeting NSR requirements. 

Furthermore, NDEP commits to an ambient air quality monitoring program in its CAA 

section 105 grant work plan. 

Compliance and enforcement measures are contained in NAC 445.663, 445.664,445.665, 

445.667, 445.682,445.694, 445.696, 445.697, Article 2.5.4, Article 2.1 6.1, Article 2.1 6.1.1 - 4 and Article 2.16.2.5. NDEP was given full delegation of the federal PSD program at 40 

CFR 52.21 on October 19,2004 (see 9 1 lO(a)(Z)(J); PSDNisibility, below). Nonattainment 

NSR provisions are found in Article 13 'General Provisions for the Review of New Sources" 

in the current SIP. 

On July 31, 2007, EPA's approval of Nevada's interstate transport SIP (CAA 

1 lO(a)(Z)(D)(i)) for the 8-hour ozone and PM2.5 NAAQS promulgated in July 1997 was 

published in the Federal Register (72 FR 41629). Also, Article 13 of the SIP, "General 

Provisions for the Review of New Sources," requires an environmental evaluation before a 

registration certificate may be issued. Finally, NDEP has full delegation of the federal PSD 

program, including NSR reform provisions (see 9 1 lO(a)(Z)(J); PSDNisibility, below). 

- pppppp 

The legal authority for carrying out the Nevada SIP is contained in the Nevada Revised 

Statutes (NRS) that have been approved into the SIP; the specific statutes that deal with 

funding to support SIP requirements include NRS 4458.230,4458.235 and 4458.300. 

The Nevada Legislature approves BAQPIBAPC's funding and personnel resources every 

two years. BAQPIBAPC receives funding from fees paid by regulated businesses, motor 

vehicle registration fees and federal grants. The State Fiscal Year 2008 budget totaled 

about $6.59 million with about 50 approved full-time equivalent staff positions. The 2009 

budget is about $6.81 million. 

Nevada's current SIP provides a system for monitoring emissions from stationary sources 

and the submittal of periodic emission reports in NAC 4458.256 to 4458.265 and 

4458.267. 

Emergency powers are provided in Nevada's current SIP in NRS 4458.560, NAC 445.665 

and NAC 4458.230. 
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Section 11 0(a) 

element 

51 1 0(a)(2)(M) 

Summary of element from EPA's 

October 2,2007 guidance 

Section 110(a)(Z)(M) requires States to 

provide for consultation and participation in 

SIP development by local political subdivisions 

affected by the SIP. 

Provisions in the current Nevada SIP 

The Nevada Administrative Procedure Act, NRS Chapter 2338, requires notification and 

provision of comment opportunities to all parties affected by proposed regulations. NAC 

4458.707 requires public participation in the State program to issue air quality operating 

permits (registration certificates).