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# APPENDIX F

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Nevada Revised Statutes

T itle 18 Chapter 233B
, Nev ada Administrative Procedure Act :

NRS 233B.060 Notice of adoption, amendment or repeal of permanent or temporary regulation; adoption of permanent regulation after adoption of temporary regulation.

1. Except as otherwise provided in subsecti on 2 and NRS 233B.061 , before adopting, amending or repealing: (a) A permanent regulation, the agency must, after receiving the approved or revised text of the proposed

r egulation prepared by the Legislative Counsel pursuant to NRS 233B.063 , give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute. (b) A temporary regulation, the agency must give at least 30 days’ notice of its intended action, unless a shorter period of notice is specifically permitted by statute.

2. Except as otherwise provided in subsection 3, if an agency has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt, after providing a second notice and the opportunity for a hearing, a permanent regulation, but the language of the perma nent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067

. 3. If the Public Utilities Commission of Nevada has adopted a temporary regulation after notice and the opportunity for a hearing as provided in this chapter, it may adopt a substa ntively equivalent permanent regulation without further notice or hearing, but the language of the permanent regulation must first be approved or revised by the Legislative Counsel and the adopted regulation must be approved by the Legislative Commission o r the Subcommittee to Review Regulations. (Added to NRS by 1965, 964; A 1973, 621; 1975, 1157, 1413; 1977, 1386, 1547, 1549; 1981, 186; 1983, 1123, 1244; 1995, 130; 1997, 1973; 2007, 871 ; 2009, 2284 )

NRS 233B.0603 Contents and form of notice of intent to adopt, amend or repeal permanent or tempora ry regulation; solicitation of comments from public or affected businesses.

1. The notice of intent to act upon a regulation required pursuant to NRS 233B.060 must: (a) Include: (1) A statement of the need for and purpose of the proposed regulation. (2) If the proposed regulation is a temporary regulation, either the terms or substance of the proposed regulation or a description of the subjec ts and issues involved. (3) If the proposed regulation is a permanent regulation, a statement explaining how to obtain the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063

. (4) A statement of the estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:

(I) Both adverse and beneficial effects; and (II) Both immediate and long

- term effects. (5) A statement identifying the methods used by the agency in determining the impact on a small busin ess prepared pursuant to subsection 3 of NRS 233B.0608

. (6) The estimated cost to the agency for enforcement of the proposed regulation. (7) A descript ion of any regulations of other state or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the regulation overlaps or duplicates a federal regulat ion, the notice must include the name of the regulating federal

agency. (8) If the regulation is required pursuant to federal law, a citation and description of the federal law. (9) If the regulation includes provisions which are mo re stringent than a federal regulation that regulates the same activity, a summary of such provisions.

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- 2 (10) The time when, the place where and the manner in which interested persons may present their views regarding the proposed regulation. (b) If the proposed regulation is a temporary regulation, state each address at which the text of the proposed regulation may be inspected and copied. (c) Include an exact copy of the provisions of subsection 2 of NRS 233B.064

. (d) Include a statement indicating whether the regulation establishes a new fee or increases an existing fee. (e) Be mailed to all persons who have requested in writing that they be p laced upon a mailing list, which must be kept by the agency for that purpose. (f) Be submitted to the Legislative Counsel Bureau for inclusion in the Register of Administrative Regulations created pursuant to NRS 233B.0653 . The publication of a notice of intent to act upon a regulation in the Register does not satisfy the requirements for notice set forth in paragraph (e).

2. The Attorney General may by regulation prescribe the form of notice to be used.

3. In addition to distributing the notice to each recipient of the agency’s regulations, the agency shall also solicit comment generally from the public and from businesses to be affected by the proposed regu lation. (Added to NRS by 1983, 1124; A 1995, 130, 239; 1997, 184, 1390; 2005, 1479 ; 2007, 872 )

NRS 233B.061 Proposed permanent or temporary regulation: Public comment; workshop; public hearing; applicability of Open Meeting Law.

1. All interested persons must be afforded a reasonable opportunity to s ubmit data, views or arguments upon a proposed regulation, orally or in writing.

2. Before holding the public hearing required pursuant to subsection 3, an agency shall conduct at least one workshop to solicit comments from interested persons on one or more general topics to be addressed in a proposed regulation. Not less than 15 days before the workshop, the agency shall provide notice of the time and place set for the workshop: (a) In writing to each person who has requested to be placed on a mailing list; and (b) In any other manner reasonably calculated to provide such notice to the general public and any business that may be affected by a proposed regulation which addresses the general topics to be considered at the workshop.

3. With respect to substantive regulations, the agency shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposed regulation and requests an oral hearing, the agency may proceed immediately to act upon any written submissions. The agency shall consider fully all written and oral submissions respecting the proposed regulation.

4. An agency shall not hold the public hearing required pursuant to subsection 3 on the same day that the agency

h olds the workshop required pursuant to subsection 2.

5. Each workshop and public hearing required pursuant to subsections 2 and 3 must be conducted in accordance with the provisions of chapter 241 of NRS. (Added to NRS by 1983, 1125; A 1989, 571; 1997, 185; 2005, 1407 ; 2007, 873 ; 2009, 2284 )



### Title 40 Chapter 445B, Air Pollution:

NRS 445B.100 Declaration of public policy.

1. It is the public policy of the State of Nevada and the purpose of NRS 445B.100 to 445B. 640 , inclusive, to achieve and maintain levels of air quality which will protect human health and safety, prevent injury to plant and animal life, prevent damage to property, and preserve visibility and scenic, esthetic and historic values of the State.

2. It is the intent of NRS 445B.100 to 445B.640 , inclusive, to: (a) Require the use of reasonably available methods to prevent, reduce or control air pollution throughout the State of Nevada; (b) Maintain cooperative programs between the State and its local governments; and (c) Facilitate cooperation across jurisdictional line s in dealing with problems of air pollution not confined within a single jurisdiction.

3. The quality of air is declared to be affected with the public interest, and NRS 445B.100 to 445B.640

, inclusive, are enacted in the exercise of the police power of this State to protect the health, peace, safety and general welfare of its people.

4. It is also the public policy of this State:

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(a) To provide for the integration of all programs for the prevention of accidents in this State involving chemicals, including, without limitation, accidents involving hazardous air pollutants, highly ha zardous chemicals, highly hazardous substances and extremely hazardous substances; and (b) Periodically to retire a portion of the emission credits or allocations specified in NRS 445B.235 that may otherwise be available for banking or for sale pursuant to that section. (Added to NRS by 1971, 1191; A 1993, 2851; 2007, 10 23

, 3311 )

NRS 445B.503 Local air pollution control board in county whose population is 400,000 or more: Cooperation with regional planning coalition and regional transportation commission; prerequisites to adoption or amendment of plan, policy or program.

1. In addition to the duties set forth in NRS 445B.500 , the lo cal air pollution control board in a county whose population is 400,000 or more shall cooperate with the regional planning coalition and the regional transportation commission in the county in which it is located to: (a) Ensure that the plans, polic ies and programs adopted by each of them are consistent to the greatest extent practicable. (b) Establish and carry out a program of integrated, long

- range planning that conserves the economic, financial and natural resources of the region and suppo rts a common vision of desired future conditions.

2. Before adopting or amending a plan, policy or program, a local air pollution control board shall: (a) Consult with the regional planning coalition and the regional transportation commission; and (b) Conduct hearings to solicit public comment on the consistency of the plan, policy or program with: (1) The plans, policies and programs adopted or proposed to be adopted by the regional planning coalition and the regional transp ortation commission; and (2) Plans for capital improvements that have been prepared pursuant to NRS 278.0226

. 3. As used in this section: (a) “Local ai r pollution control board” means a board that establishes a program for the control of air pollution
pursuant to NRS 445B.500

. (b) “Regional planning coalition” has the m eaning ascribed to it in NRS 278.0172

. (c) “Regional transportation commission” means a regional transportation commission created and organized in

accordance with chapter 373 of NRS. (Added to NRS by 1999, 1975 )



### Nevada Administrative Code

Chapter 445B, Air Controls (July 2011):

NAC 445B.221 Adoption by reference and applicability of certain provisions of federal law and regulations. ( NRS 445B.210 )

1. Title 4 0 C.F.R. §§ 51.100(s), 51.100(nn) and 51.301 and Appendix S of 40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1, 2009.

2. Title 40 C.F.R. § 51.165 is hereby adopted by reference as it existed on July 1, 2002.

3. Appendi ces M and W of 40 C.F.R. Part 51 are hereby adopted by reference as they existed on July 1, 2009.

4. Title 40 C.F.R. § 52.21 is hereby adopted by reference as it existed on July 1, 2009.

5. The following subparts of 40 C.F.R. Part 60 are hereby a dopted by reference: (a) Subpart A, except §§ 60.4, 60.8(b)(2), 60.8(b)(3) and 60.11(e), as it existed on July 1, 2009; (b) Section 60.21 of Subpart B, as it existed on July 1, 2006; (c) Subparts C, Cb, Cc, Cd, Ce, D, Da, Db, Dc, E, Ea, Eb, Ec, F, G, H, I, J, K, Ka, Kb, L, M, N, Na, O, P, Q, R, S, T, U, V, W, X, Y, Z, AA, AAa, BB, CC, DD, EE, GG, HH, KK, LL, MM, NN, PP, QQ, RR, SS, TT, UU, VV, VVa, WW, XX, BBB, DDD, FFF, GGG, GGGa, HHH, III, JJJ, KKK, LLL, NNN, OOO, PPP, QQQ, RRR, SSS, TTT,
UUU, VVV, WWW, AAAA, CCCC, DDDD, EEEE, FFFF, IIII, JJJJ and KKKK as they existed on July 1, 2009;

and (d) Subpart HHHH, except §§ 60.4105(b)(2), 60.4106, 60.4120 to 60.4142, inclusive, 60.4153(a) and (b) and 60.4176, as set forth in Volume 70 of the Federa l Register at pages 28606 et seq., May 18, 2005, and the

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amendments to Subpart HHHH as set forth in Volume 71 of the Federal Register at pages 33388 et seq., June 9,

2006.

6. Appendices A, B and F of 40 C.F.R. Part 60 are hereby adopted by reference a s they existed on July 1, 2009.

7. Subparts A, C, D, E, F, H, I, J, K, L, N, O, P, Q, R, T, V, W, Y, BB and FF of 40 C.F.R. Part 61 are hereby adopted by reference as they existed on July 1, 2009.

8. Appendix B of Title 40 C.F.R. Part 61 is hereb y adopted by reference as it existed on July 1, 2009.

9. Subparts A, B, C, F, G, H, I, J, L, M, N, O, Q, R, S, T, U, W, X, Y, AA, BB, CC, DD, EE, GG, HH, II, JJ, KK, LL, MM, OO, PP, QQ, RR, SS, TT, UU, VV, WW, XX, YY, CCC, DDD, EEE, GGG, HHH, III, JJJ , LLL, MMM, NNN, OOO, PPP, QQQ, RRR, TTT, UUU, VVV, XXX, AAAA, CCCC, DDDD, EEEE, FFFF, GGGG, HHHH, IIII, JJJJ, KKKK, MMMM, NNNN, OOOO, PPPP, QQQQ, RRRR, SSSS, TTTT, UUUU, VVVV, WWWW,
XXXX, YYYY, ZZZZ, AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, GGGGG, HHHHH, JJJJJ, KKKKK, LLLLL, MMMMM, NNNNN, PPPPP, QQQQQ, SSSSS, WWWWW, YYYYY, ZZZZZ, DDDDDD, EEEEEE, FFFFFF, GGGGGG, LLLLLL, MMMMMM, NNNNNN, OOOOOO, PPPPPP, QQQQQQ, RRRRRR, SSSSSS and TTTTTT of 40 C.F.R. Part 63 are hereby adopted by reference as they existed on July 1, 2009.

10. Title 40 C.F.R. Part 72 is hereby adopted by reference as it existed on July 1, 2009. If the provisions of 40

C.F.R. Part 72 conflict with or are not included in NAC 445B.001 to 445B.3689 , inclusive, the provisions of 40 C.F.R. Part 72 apply.

11. Title 40 C.F.R. Part 76 is hereby adopted by reference as it existed on July 1, 2009. If the provisions of 40

C.F.R. Part 76 conflict with or are not included in NAC 445B.001 to 445B.3689 , inclusive, the provisions of 40 C.F.R. Part 76 apply.

12. Title 42 of the United States Code, section 7412(b), List of Hazardous Air Pollutants, is hereby adopted by reference as it existed on October 1, 1993.

13. The Standard I

ndustrial Classification Manual , 1987 edition, published by the United States Office of Management and Budget, is hereby adopted by reference. A copy of the manual may be obtained, free of charge, from the United States Department of Labor at the Internet address http://www.dol.gov

. 14. A copy of the publications which contain the provisions adopted by reference in subsections 1 to 12, inclusive, may be obtained from the: (a) Division of State Library and Archives of the Department of Cultural Affa irs for 10 cents per page. (b) Government Printing Office, free of charge, at the Internet address http://www.gpoaccess.gov/nara/index.html

. 15. The following standards of ASTM International are hereby adopted by reference: (a) ASTM D5504, “St andard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence,” set forth in Volume 05.06 of the 2008 Annual Book of

ASTM Standards . A copy of ASTM D5504 is available by mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428

- 2959, by telephone at (610) 832

- 9585 or at the Internet address http://www.astm.org , for the price of $37. (b) ASTM D2234 and D2234M, “Standard Practice for Collection of a Gr oss Sample of Coal,” set forth in

Volume 05.06 of the 2008 Annual Book of ASTM Standards . A copy of ASTM D2234 and D2234M is available by mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428

- 2959, by telephone at (610) 832

- 9585 or at the Internet address http://www.astm.org , for the price of $37. (c) ASTM D2013, “Standard Practice for Preparing Coal Samples for Analysis,” set forth in Volume 05.06 of the 2008 Annual Book of ASTM Standards . A copy of ASTM D2013 is av ailable by mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428

- 2959, by telephone at (610) 832

- 9585 or at the

Internet address http://www.astm.org , for the price of $43. (d) ASTM D6784, “Standard Test Method for E lemental, Oxidized, Particle

- Bound and Total Mercury in Flue

Gas Generated from Coal

- Fired Stationary Sources (Ontario Hydro Method),” set forth in Volume 11.07 of the 2008 Annual Book of ASTM Standards . A copy of ASTM D6784 is available by mail from ASTM International, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428

- 2959, by telephone at (610) 832

- 9585 or at the Internet

address http://www.astm.org , for the price of $43. (e) ASTM D2015, “Standard Test Method for Gross Calorific Value of Co al and Coke by the Adiabatic Bomb Calorimeter,” dated April 10, 2000. A copy of ASTM D2015 is available for purchase at the IHS Standards Store, 15 Inverness Way East, M/S A110B, Englewood, Colorado 80112, or at the Internet address http://global.ihs.com

, for the price of $52.

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(f) ASTM D3286, “Standard Test Method for Gross Calorific Value of Coal and Coke by the Isoperibol Bomb Calorimeter,” dated July 10, 1996. A copy of ASTM D3286 is available for purchase at the IHS Standards Store, 15 Inverness Way East, M/S A110B, Englewood, Colorado 80112, or at the Internet address http://global.ihs.com , for the price of $52. (g) ASTM D1989, “Standard Test Method for Gross Calorific Value of Coal and Coke by Microprocessor Controlled Isoperibol Calorimeters,” dated July 10, 1997. A copy of ASTM D1989 is available for purchase at the IHS Standards Store, 15 Inverness Way East, M/S A110B, Englewood, Colorado 80112, or at the Internet address http://global.ihs.com , for the price of $52.

16. For the purposes of the provisions of 40 C.F.R. Parts 60, 61 and 63, adopted by reference pursuant to this section, the Director may not approve alternate or equivalent test methods or alternative standards or work practices.

17. Except as otherwise provided in subsec tions 10 and 11, the provisions adopted by reference in this section supersede the requirements of NAC 445B.001 to 445B.3689 , inclusive, for all stationary sources subject to the provisions adopted by reference only if those requirements adopted by reference are more stringent.

18. For the purposes of this section, “administrator” as used in th e provisions of 40 C.F.R. Part 60, except Subpart B § 60.21 and Subpart HHHH §§ 60.4101 to 60.4105, inclusive, 60.4107 to 60.4114, inclusive, 60.4151 to 60.4173, inclusive, and 60.4175, and Parts 61 and 63, adopted by reference pursuant to this section, me ans the

Director. (Added to NAC by Environmental Comm’n, eff. 10

- 19

- 83; A 12

- 5

- 84; 10

- 15

- 85; 8

- 22

- 86; 10

- 22

- 87; 10

- 18

- 88; 9

- 19

- 90; 9

- 4

- 92; 10

- 29

- 93; 12

- 13

- 93; 3

- 29

- 94; 10

- 30

- 95; R105

- 97, 3

- 5

- 98; R126

- 98, 11

- 2

- 98; R022

- 99, 9

- 27

- 99;

R103

- 02, 12

- 17

- 2002; R198

- 03, 4

- 26

- 2004; R125

- 04, 9

- 24

- 2004; R037

- 05, 10

- 31

- 2005; R189

- 05 & R206

- 05, 5

- 4

- 2006; R151

- 06 & R162

- 06, 9

- 18

- 2006; R057

- 07, 10

- 31

- 2007; R143

- 07, 1

- 30

- 2008; R076

- 08, 8

- 26

- 2008; R190

- 08,

4

- 23

- 2009; R088

- 09, 11

- 25

- 2009; R040

- 10, 7

- 22

- 2010)