ADOPTED REGULATION OF THE

STATE ENVIRONMENTAL COMMISSION

LCB File No. R042-13

Effective December 23, 2013

EXPLANATION — Matter in italics is new; matter in brackets lomitted materiahj is material to be omitted.

AUTHORITY: §1, NRS 445B.210; §~2 and 3, NRS 445B.210 and 445B.300.

A REGULATION relating to air pollution; revising provisions governing ambient air quality

standards; deleting certain obsolete provisions governing the issuance or renewal of

certain permits; and providing other matters properly relating thereto.

Adopted Regulation R042-1 3

I

no fnl1r~wci
Sec. 2. NAC 445B.308 is hereby amended to read as follows:

445B.308 1. Except for a Class IV operating permit, in any area designated as attainment

or unclassifiable for a regulated air pollutant, before an operating permit or a revision of an

operating permit may be issued:

(a) For a new or modified stationary source;

(b) For a plantwide applicability limitation; or

(c) To allow a plantwide applicability limitation to expire and not be renewed,

~ in accordance with NAC 445B.308 to 445B.3 14, inclusive, the applicant must submit to the

Director an environmental evaluation and any other information the Director determines is

necessary to make an independent air quality impact assessment.

2. The Director shall not issue an operating permit or a revision of an operating permit for

any stationary source ifthe environmental evaluation submitted by the applicant shows, or ifthe

Director determines, in accordance with the provisions ofthis section, that the stationary source:

(a) Will prevent the attainment and maintenance ofthe state or national ambient air quality

standards. For the purposes ofthis paragraph, only those ambient air quality standards that have

been established in NAC 445B.22097 need to be considered in the environmental evaluation.

(b) Will cause a violation ofthe applicable state implementation plan.

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extent that it is

Adopted Regulation R042-1 3
(c) Will cause a violation of any applicable requirement.

(d) Will not comply with subscction 4.

3. The Director shall not issue an operating permit or a revision of an operating permit for

any stationary source ifthe Director determines, in accordance with subsection 3 ofNAC

445B.3 11, that the degree of emission limitation required for control of an air pollutant under

this section is affected by that amount ofthe stack height of any source as exceeds good

engineering practice stack height, including a good engineering practice stack height

demonstrated by a fluid model or a field study approved by the Director in accordance with

paragraph (c) of subsection I ofNAC 445B.083, or any other dispersion technique.

1. [Eiioept a~ otherwa~e ~revided in ~iub~e tion ~ to] T# be i~isued an operating permit or

revisio of an operating permit, the owner or operator of a major stationary source or jor

modification, those terms are defined in 40 C.F.R. § 51.165, who proposes construct in an

area designated nona ent for the regulated air pollutant or pollut s for which the

stationary source or modifica is major must:

(a) Comply with the provisions o 0 C.F.R. § 51.1 , as adopted by reference in NAC

445B.221.

(b) Adopt as an emission limitation r the station source the lowest achievable emission

rate for each nonattainment reg ted air pollutant from the s ionary source.

(c) Demonstrate tha other stationary sources within this State ich are owned, operated

or controlled by e applicant are in compliance or on a schedule of complia with NAC

445B.00 o 445B.3689, inclusive, and all other applicable requirements and conditi s ofthe

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Adopted Regulation R042-13
(d) C~ndust an analysis of any anticipated impact on visibility in any federa1~Class I area~.

whi may be caused by emissions from the stationary source.

(e) nduct an analysis of alternative sites, sizes, processes of production and te iques for

environment control for the proposed stationary source. Except as otherwise ovided in this

paragraph, the an sis must demonstrate that the benefits ofthe proposed tionary source

significantly outweigh e detrimental environmental and social effect hat will result from its

location, construction or m ification. Ifthe major stationary sour e or major modification

proposes to locate in an area des ated as marginal nonattai ent for ozone, the analysis must

demonstrate an offset ratio of 1.2 to or volatile organic ompounds and nitrogen oxides. For

the purposes ofthis paragraph, a stationa source w ch is major for volatile organic

compounds or nitrogen oxides shall be deeme ajor for ozone ifthe proposed location ofthe

major stationary source or major modificati is in area designated as nonattainment for

ozone.

(f) Comply with one ofthe foil ing:

(1) Sufficient offsets in issions must be obtained by the e the proposed stationary

source begins operation to nsure that the total allowable emissions o ach nonattainment

regulated air pollutan om the existing stationary sources in the area, thos stationary sources in

the area which h e received their respective permits and the proposed stationa source will be

sufficiently 1 s than the total emissions from the existing stationary sources and tho stationary

sources~ the area which have received their respective permits before the proposed stati nary

so e applies for its operating permit or a revision of an operating permit, in order to achiev

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Adopted Regulation R042- 13
(2) If Lhc luajuI statiulLaIy ~u~ee & majer mediflealien is leeated in a ~ene identified

the Admini or as one to be targeted for economic development, the owner o erator must

demonstrate that the em •on from the stationary source will not c e or contribute to

emissions levels which exceed the wance permitt or a regulated air pollutant for the

nonattainnient area.

~ For the purposes ofthis graph, offsets must comply ~th the provisions of Appendix S of

40 C.F.R. Pa , as adopted by reference in NAC 445B.221, and be dinated with the

Qpnate lQcal agency fQr the ~QntrQl nf r pnlliitinn

5. LT0 be issued an operating permit or a revision of an

operator of a major stationary source or major modification, as those terms are defined in 10

C.F.R. § 51.165, as adopted by reference in NAC 11 5B .221, who proposes to construct in an

area designated as basic nonaftainment for ozone must:

(a) Comply with the provisions of 10 C.F.R. § 51.165, as adopted by reference in NAC

445B.221.

(b) Adopt as an emission limitation for the stationary source the best available control

technology for volatile organic compounds and nitrogen oxides from the stationary source

(a) Demonstrate that all other stationary sources within this State that are owned, operated or

controlled by the applicant are in compliance or on a schedule of compliance with NAC

‘l’lSB.OOl to ‘1’15B.3689, inclusive, and all other applicable requirements and conditions of the

permit.

(d) Demonstrate an offset ratio of I to I for volatile organic compounds and nitrogen oxides.

For the purposes ofthis paragraph, a stationary source that is major for volatile organic

compounds or nitrogen oxides shall be deemed major for ozone ifthe proposed location of the

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Adopted Regulation R042-1 3
dification iS l( d in an area designated as basic

(e) Comply with one ofthe foil

(1 “ Sufficient offsets in emis

source begins operation to ensure that the total

~ilated~r fromthe~.,~~~

+i_,.+ ,“,~ .

- - noiiumnt

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6.] To be issued an operating permit or a revision of an operating permit, the owner or

operator of a major stationary source or major modification who proposes to construct in any

area designated as attainment or unclassifiable under 42 U.S.C. § 7407(d) must comply with the

provisions of 40 C.F.R. § 52.21, as adopted by reference in NAC 445B.221.

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Adopted Regulation R042-13

1__ ~1___~~1__

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~“ ~tntionar’ sources in the area, those stationary sources in

..~ receivea tneir respective permits and the proposed stationary source will be

sufficiently less than the total emissions from the existing stationary sources and those stationary

sources in the area that received their respective permits before the proposed stationary source

applies for its operating permit or a revision of an operating permit, in order to achieve

reasonable further progress; or

(2) Ifthe major statio~ry source or major modification is located in a zone identified by

the Administrator as one to be targeted for economic development, the owner or operator must

demonstrate that the emissions from the stationary source will not cause or contribute to

emissions levels which exceed the allowance permitted for a regulated air pollutant for the

nonattainment area

For the numoses’

40 C.F.R. Par ~

“‘ nnra~rat offs~ must ee~ ~4hei

Ak~,,A~A~i~k+b

-‘~‘~- “~ ~knnendix S of
.f7-4 The Director may impose any reasonable conditions on his or her approval,

including conditions requiring the owner or operator ofthe stationary source to:

(a) Conduct monitoring ofthe quality ofthe ambient air at the facility site for a reasonable

period before the commencement of construction or modification and for any specified period

after operation has begun at the stationary source; and

(b) Meet standards for emissions that are more stringent than those found in NAC 445B.00 1

to 445B.3689, inclusive.

.f8-4 If a proposed stationary source located on contiguous property is constructed or

modified in phases which individually are not subject to review as provided in NAC 445B.308 to

445B.3 14, inclusive, all phases occurring since November 7, 1975, must be added together for

determining the applicability of those sections.

f94 Approval and issuance of an operating permit or a revision of an operating permit for

any stationary source does not affect the responsibilities ofthe owner or owners to comply with

any other portion ofthe applicable state implementation plan.

- 0 1 9 As used in this section:

(a) “Lowe chievable emission rate” has the meaning ascribed to it in 40 C.F. 1.165,

as adopted by reference in C 445B.221.

(b) “Offset ratio” means the perce e by which a redu n in an emission must exceed the

corresponding increase in that emission.

(c) “Reasonable further progres “ eans the annual incre al reductions in emissions of

the relevant regulated a ollutant that are required by 42 U.S.C. §~ 7501 515, inclusive, or

are require the Administrator to ensure attainment of the applicable standard for n nal

ient air quality by the applicable date.

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Adopted Regulation R042-13