ADOPTED REGULATION OF THE STATE ENVIRONMENTAL COMMISSION

LCB File No. R042-13 Effective December23, 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 airpollution; revising provisions governing ambient airquality standards; deleting certain obsolete provisions governing the issuance or renewal of certain permits; and providing othermatters properly relating thereto.

Adopted Regulation R042-1 3 I no fnl1r~wciSec. 2. NAC 445B.308 is hereby amendedto 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 ofan 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 submitto the Director an environmental evaluation and any other information the Director determines is necessaryto make an independent air quality impactassessment. 2. The Director shall not issue an operating permit ora revision ofan operating permitfor any stationary source ifthe environmental evaluation submitted by the applicant shows, or ifthe Director determines, in accordance with the provisions ofthis section, thatthe stationary source: (a) Will prevent the attainment and maintenance ofthe state or national ambient airquality standards. Forthe purposes ofthis paragraph, onlythose 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.

--4-- extentthat it is

Adopted Regulation R042-1 3(c) Will cause aviolation ofany applicable requirement.

(d) Will not comply with subscction 4. 3. The Director shall not issue an operating permit ora revision ofan operating permit for any stationary source ifthe Director determines, in accordance with subsection 3 ofNAC 445B.3 11, thatthe degree ofemission limitation required for control ofan airpollutant under this section is affected by that amount ofthe stack height ofany source as exceeds good engineering practice stack height, including a good engineering practice stack height demonstrated by a fluid model ora field study approved bythe Director in accordance with paragraph (c) ofsubsection I ofNAC 445B.083, orany other dispersiontechnique. 1. [Eiioept a~ otherwa~e ~revided in ~iub~e tion ~ to] T# be i~isued an operating permit or revisio ofan operating permit, the owner or operatorofa majorstationary source or jor modification, thoseterms are defined in 40 C.F.R. 

### § 51.165, who proposes construct in an area designated nona ent forthe regulated air pollutant or pollut s forwhich the stationary source or modifica is major must: (a) Complywith the provisions o 0 C.F.R. 

### § 51.1
, as adopted by reference in NAC 445B.221. (b) Adopt as an emission limitation rthe station source the lowest achievable emission rate foreach nonattainment reg ted airpollutant 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 ofcomplia with NAC 445B.00 o 445B.3689, inclusive, and all otherapplicable requirements and conditi s ofthe

--5-- Adopted Regulation R042-13(d) C~ndust an analysis ofany anticipated impact on visibility in any federa1~Class I area~.

whi may be caused by emissions from the stationary source. (e) nduct an analysis ofalternative sites, sizes, processes ofproduction and te iques for environment control forthe proposed stationary source. Except as otherwise ovided in this paragraph, the an sis must demonstrate thatthe benefits ofthe proposed tionary source significantly outweigh e detrimental environmental and social effect hatwill result from its location, construction or m ification. Ifthe majorstationary sour e ormajor 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 orvolatile organic ompounds and nitrogen oxides. For the purposes ofthis paragraph, a stationa source w ch is majorforvolatile organic compounds or nitrogen oxides shall be deeme ajorfor ozone ifthe proposed location ofthe major stationary source or major modificati is in area designated as nonattainmentfor 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 nsurethatthe total allowable emissions o ach nonattainment regulated air pollutan om the existing stationary sources in the area, thos stationary sources in the areawhich h e received their respective permits andthe proposed stationa source will be sufficiently 1 s than the total emissions from the existing stationary sources and tho stationary sources~ the areawhich have receivedtheir respective permits before the proposed stati nary so e applies for its operating permit or a revision ofan operating permit, in orderto achiev

--6-- Adopted Regulation R042-13(2) IfLhc luajuI statiulLaIy ~u~ee & majermediflealien is leeated in a ~ene identified

the Admini or as one to be targeted foreconomic development, the ownero erator must demonstrate thatthe em •on from the stationary source will not c e orcontribute to emissions levels which exceed the wance permitt or a regulated air pollutant forthe nonattainnient area.

~ Forthe purposes ofthis graph, offsets must comply ~th the provisions ofAppendix S of 40 C.F.R. Pa
, as adopted by reference in NAC 445B.221, and be dinated with the Qpnate lQcal agency fQrthe ~QntrQl nf r pnlliitinn 5. LT0 be issued an operating permit or a revision ofan operator ofa 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 of10 C.F.R. 

### § 51.165, as adopted by reference in NAC 445B.221. (b) Adopt as an emission limitation forthe stationary source the best available control technology forvolatile 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 bythe applicant are in compliance or on a schedule ofcompliance with NAC ‘l’lSB.OOl to ‘1’15B.3689, inclusive, and all other applicable requirements and conditions ofthe permit. (d) Demonstrate an offset ratio of I to I forvolatile organic compounds and nitrogen oxides. Forthe purposes ofthis paragraph, a stationary source that is majorforvolatile organic compounds or nitrogen oxides shall be deemed majorfor ozone ifthe proposed location ofthe

--7-- Adopted Regulation R042-1 3dification iS l( d in an area designated as basic

(e) Complywith one ofthe foil (1 “ Sufficient offsets in emis source begins operation to ensure thatthe total ~ilated~r fromthe~.,~~~

+i_,.+ ,“,~
. - - noiiumnt

‘,-‘,—~.‘1 -- ~1

— 1

— — 6.] To be issued an operating permit ora revision ofan operating permit, the owner or operatorofa majorstationary source or major modification who proposesto construct in any area designated as attainment or unclassifiable under42 U.S.C. 

### § 7407(d) must complywith the provisions of40 C.F.R. 

### § 52.21, as adopted by reference in NAC 445B.221.

--8-- Adopted Regulation R042-1 3

1__ ~ 1___~~1__ ~~.1 I— _1~

~“ ~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 areathat received their respective permits before the proposed stationary source applies for its operating permit or a revision ofan operating permit, in orderto achieve reasonable further progress; or (2) Ifthe major statio~ry source or major modification is located in a zone identified by the Administratoras one to be targeted for economic development, the owner or operator must demonstrate thatthe emissions from the stationary source will not cause or contribute to emissions levels which exceed the allowance permitted for a regulated air pollutant forthe nonattainment area

numoses’ Forthe 40 C.F.R. Par “‘ nnra~rat ee~ offs~ must ~4hei

~ Ak~,,A~A~i~k+b -‘~‘~- “~ ~knnendix S of.f7-4 The Director may impose any reasonable conditions on his or herapproval,

including conditions requiring the owner or operatorofthe stationary source to: (a) Conduct monitoring ofthe quality ofthe ambient air atthe facility site for a reasonable period before the commencement ofconstruction or modification and forany specified period after operation has begun atthe stationary source; and (b) Meet standards for emissions that are more stringentthan those found in NAC 445B.001 to 445B.3689, inclusive. .f8-4 Ifa proposed stationary source located on contiguous property is constructed or modified in phases which individually are not subjectto review as provided in NAC 445B.308 to 445B.3 14, inclusive, all phases occurring since November 7, 1975, must be added togetherfor determining the applicability ofthose sections. f94 Approval and issuance ofan operating permit or a revision ofan operating permit for any stationary source does not affectthe responsibilities ofthe owner orowners 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 ollutantthat are required by 42 U.S.C. 

### §~ 7501 515, inclusive, or are require the Administratorto ensure attainment ofthe applicable standard for n nal ient air quality bythe applicable date.

--9-- Adopted Regulation R042-1 3