# SUPPLEMENTAL SUBMITTAL:

PROPOSED REVISION TO CLARK

COUNTY PART OF NEVADA STATE

IMPLEMENTATION PLAN:

REVISIONS TO CLARK COUNTY AIR

QUALITY REGULATIONS SECTIONS

0 AND 12.2 TO INCORPORATE

REQUIREMENTS OF THE

GREENHOUSE GAS

TAILORING RULE

Clark County Department of Air Quality

Ma y 2012ii 

### ACKNOWLEDGMENTS

CLARK COUNTY BOARD OF COMMISSIONERS Susan Brager, Chair Steve Sisolak, Vice

- Chair Larry Brown

Tom Collins Chris Giunchigliani

Mary Beth Scow Lawrence Weekly

OFFICE OF THE COUNTY MANAGER Don Burnette, County Manager Randy Tarr , Assistant County Manager Jeff Wells, Assistant County Manager

DEPARTMENT OF AIR QUALITY Lewis Wallenmeyer, Director

Tina Gingras, Assistant Directoriii 

### Executive Summary

This administrative state implementation plan (SIP) documents compliance with federal, state, and local requirements pertaining to the adoption of two amended Clark County Air Quality Regulations (AQRs), Sections 0 ( “ Defin itions” ) and 12.2 ( “ Permit Requirements for Major

Sources in Attainment Areas ”), discussing each rule and the rationale behind the changes adopted.

On November 16, 2010, the Clark County Board of County Commissioners adopted revisions to Sections 0 and 12.2 of the AQRs. The amended rules provided the language necessary to establish Clark County’s authority to regulate emissions of greenhouse gases at stationary sources, consistent with the requirem ents of the federal Greenhouse Gas Tailoring Rule. On January 4, 2011, the two amended regulations were submitted to the Nevada Division of

Environmental Protection and subsequently submitted to the Region 9 office of the U.S. Environmental Protection Agen cy (EPA) for incorporation into the Nevada SIP.

During its review, EPA noted that the amended rules contained an incorrect reference date for

the federal statutes that include the Greenhouse Gas Tailoring Rule requirements

, 40 CFR § 52.21(b)(49) and 40 CFR § 70.2. Since the amended r egulations incorporate the Tailoring Rule requirements by reference, it is critical that the reference date be correct. The rule s as amended on November 16, 2010

, referenced the federal statute that existed on July 1, 2010

— bef ore the Tailoring Rule requirements became effective. In order to correct this

, and to include the deferral of permitting requirements for biogenic emissions that became effective after the Board’s original rulemaking, the Board adopted amended versions of Sections 0 and 12.2 on March 6, 2012 that used July 20, 2011 as the refere nce date for the federal statutes.

This SIP submittal is intended to be used in conjunction with the SIP package submitted to the

N evada D ivision of Environmental P rotection on January 4, 2011, replacing only the adoption ordinance and the version of the amended rules proposed for incorporation into the Nevada SIP.

T his package therefore focus es on the content of the amended rules and the documentation of the public review and hearing process that was part of the Board’s adoption of the amended rules.iv TABLE OF CONTENTS

Executive Summary

..................................................................................................................... iii

Chapter 1: Summary of Rule Changes .................................................................................... 1-1

Chapter 2: Public Hearing Documentation (40 CFR 51.102) Notice of Public Hearing and Public Comment Period ......................................................... 2-1 Agenda Item for Introduction of Ordinance .......................................................................... 2-2 BCC Meeting Minutes, 2/2 1/12 ............................................................................................. 2-7 Agenda Item for Approval and Adoption of Ordinance ........................................................ 2-9 BCC Meeting Minutes, 3/6/12 ............................................................................................. 2-14 Notice of Ordinance Approval and Adoption ...................................................................... 2-15

Chapter 3: Legal Authority to Adopt and Implement Clark County Ordinances ....................................................................................................... 3-1

Nevada Revised Statutes ........................................................................................................ 3-3 Compliance with Legal R equirements: Section 2 .................................................................. 3-5

Chapter 4: Amended Section s Section 0: Strikeout/Underline ............................................................................................... 4-1

Section 0: Clean Copy ......................................................................................................... 4-23

Section 12.2: Strikeout/Underline ........................................................................................ 4-45 Section 12.2: Clean Copy .................................................................................................. 4-114

# CHAPTER 1 : SUMMARY OF RULE

CHANGES1

- 1 Chapter 1: Summary of Changes to the Amended Rules

Only one, very st r aightforward, change is needed to ensure that the Clark County Air Quality Regulations contain the language necessary to implement the requirements of the Greenhouse Gas Tailoring Rule : replacing the incorrect reference date with the correct one

. Th e reference

date is found in two AQRs : Section 0

, “ Definitions ,” and Section 12.2 .2, “Definitions,” in
Section 12.2, “ Permit Requirements for Major Sources in Attainment Areas (Prevention of Significant Deterioration). ” The rule changes are summarized below.

Section 0:

The definition of “Part 70 Source” was amended to include any source defined as a major source under 40 CFR § 70.2 as of July 20, 2011.

Section 12.2:

The definition of “M ajor Stationary Source” at 12.2.2(ff)(1)(C) was amended to reflect the July
20, 2011 date.

The definition of “Regulated NSR Pollutant” at 12.2.2(pp)(4) was amended to reflect the July 20,

2011 date.

The definition of “Significant” at 12.2.2(uu)(1) was a mended to reflect the July 20, 2011 date.

To review the exact location of the date changes in the amended rules, see the strikeout/underline language within the ordinance approved by the Clark County Board of County Commissioners in Chapter 2

.

# CHAPTER 2: PUBLIC HEARING

DOCUMENTATIONStrikeout material is that portion being deleted

Underlined material is that portion being added

BILL NO.

___________________________

SUMMARY

– an ordinance to incorporate by reference Greenhouse Gas Tailoring Rul e amendments into the Cla rk County Air Quality Regulations.

ORDINANCE NO.

_______________________________________ (of Clark County, Nevada)

AN ORDINANCE TO AMEND CLARK COUNTY AIR QUALITY

REGULATIONS SECTIONS 0 AND 12.2 TO INCORPORATE BY

REFERENCE AMENDMENTS TO THE GREENHOUSE GAS TAILORING

RULE THAT DEFER THE APPLICATION OF PERMITTING REQUIREMENTS TO SOURCES OF BIOGENIC CARBON DIOXIDE
EMISSIONS UNTIL JULY 21, 2014; AND PROVIDE FOR OTHER MATTERS

PROPERLY RELATING THERETO.

THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF

CLARK, STATE OF NEVADA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Clark County Air Quality Regulation Section 0 – Definitions, “Part

70 Source” Subsection (a) is amended as follows:

Any source defined as a major sta tionary source under Section 12.2.2(ff) or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 1, 2010 July 20,

2011 ;

SECTION 2

. Clark County Air Quality Regulation Section 12.2 – Permit

Requirements for Major Sources in Attainment Areas (Pr evention of Significant

Deterioration), Subsection 12.2.2(ff)(1)(C) of “Major Stationary Source” is amended to

read as follows:

(C) Any stationary source specified in paragraphs (1)(A) or (1)(B) of this definition which emits 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 1,

2010 July 20, 2011 ; orSECTION 3

. Clark County Air Quality Regulation Section 12.2 – Permit

Requirements for Major Sources in Attainment Areas ( Prevention of Significant

Deterioration), Subsection 12.2.2(pp)(4) of “Regulated NSR pollutant” is amended to

read as follows:

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 July 20, 2011

, . . .

SECTION 4

. Clark County Air Quality Regulation Section 12.2 – Permit

Requirements for Major Sources in Attainment Areas (Prevention of Significant

Deterioration), Subsection 12.2.2(uu)(1) of “Significant” is amended to read as follows:

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 1, 2010 July 20, 2011

SECTION 5

. If any section of this ordinance or portion thereof is for any reason

held invalid or unconstitutional by any court of competent jurisdiction, such holding shall

not invalidate the remaining parts of this ordinance.

SECTION 6

. All ordinances, parts of ordinances, chapters, sections, subsections,

clauses , phrases, or sentences contained in the Clark County Code in conflict herewith

are hereby repealed.

/ / /SECTION 7

. This ordinance shall take effect and be in force from and after its

passage and the publication thereof by title only, together with the names of the County

Commissioners voting for or against its passage, in a newspaper published in and having

a general circulation in Clark County, Nevada, at least once a week for a period of two

(2) weeks.

PROPOSE D on the _____ day of _______________________, 2012.

PROPOSED BY: Commissioner ____________________________

PASSED on the _____ day of __________________________ 2012.

AYES:

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

_______________________________________

NAYS:_______________________________________

_______________________________________

/ / /ABSTAINING:______________________________________

ABSENT: _____________________________________

______________________________________

BOARD OF COUNTY COMMISSIONERS
CLARK COUNTY, NEVADA

By:_________________________________ SUSAN BRAGER, Chair

ATTEST:

______________________________________________ DIANA ALBA

, County Clerk

This ordinance shall be in force and effect from and after the ______ day of __________________________ 2012.

### THIS PAGE INTE NTIONALLY BLANK

## Board of County Commissioners

SUSAN BRAGER

Chairman
STEVE SISOLAK

Vice

- Chairman

TOM COLLINS
CHRIS GIUNCHIGLIANI

LAWRENCE WEEKLY

LARRY BROWN
MARY BETH SCOW

COMMISSION CHAMBERS

GOVERNMENT CENTER LAS VEGAS, CLARK COUNTY, NEVADA TUESDAY, FEBRU ARY 2 1 , 2012

The Board of County Commissioners of Clark County, Nevada, met in a special session, in full conformity with law and bylaws of said Board, at the regular place of meeting in the Commission Chambers, Government Center, Las Vegas, Clark County, Nevada on Tuesday, the 24th day of January, 2012, at the hour of 1:30 p.m. The meeting was called to order at the hour of 1:37 p.m. by Chairman Brager and, on roll call, the following members were present, constituting all of the members thereof:

CALL TO ORDER

CHAIRMAN AND COMMISSIONERS: Susan Brager

Tom Collins Larry Brown Chris Giunchigliani

Steve Sisolak Lawrence Weekly Mary Beth Scow

Absent: None

Also present: Don Burnette, County Manager Mary

- Anne Miller, Deputy District Attorney R. Jones, Deputy Clerk K. Semplinski, Deputy Clerk



### 61 Introduce an ordinance to amend Clark County Air Quality Regulations Sections 0 and 12.2 to incorporate by reference the federal Greenhouse Gas Tailoring Rule amendments that became effective on July 20, 2011; providing for other matters properly related thereto; and set a public hearing. (For possible action)ATTACHMENT: Clark County Agenda Item Template.doc

ATTACHMENT: ord to update G HG rule.DOC

BILL NO. 2 -21-12- 1 INTRODUCED BY COMMISSIONER SISOLAK/PUBLIC HEARING SET FOR MARCH 6, 2012 AT 10:00 A.M.t.

i \**8~ut** 

### material 'is'that**poriio~** 

### being deleted

Underlined material is· 

### thafportion being added

BILLNO

.. 2-21-12-1**~y -'~,,:~rdi.nance'**  t()**iJ;l,CQ.rpC)~te.** 

### Jly**re~ence** 

### Greeri1iouseGa$ Tailori,ngRule alJl¢ilanlehtS inicfdie Clark County .·Air 

### QwilitY'Regulatiorls.**ORQrn.ANCENO.,~_40~O~7~~~~~~~=-**


### ____ _ (of (JIm 

### (;otmty, Nevada)

ANQRPINANCE 

### TO,**~ND,** QLARI(:.: 

### CQuNtv, ,AJRQVALrrY, REGULATIONS**SECTIbNS~** 

### ,if:AND i2:2 TO 

### INCORPORATE' BY 

## REFERENCE AMENriMENTS'TO 

# mE GREIDimOUSE 

## 'GAS TAILORING 

# RiriE' 'THAT

- 'DEFER. ", 

# nniAPPLiC(nON: :o{' 

## :'PERMrri1NO REQ'(JiREMENfs'**TOSOuitC~s ,Q~'**  

## B10<J);N1C**C~bN** 

## 'bioXIDE**EMI~~IOI'TS** UJ'.mL 

## JVl. Y 21,

### 201~;, 

# A:tfP**P~OVIp,E:FQIt 01Jffi~**  

## MA**~S** 

### PROPERLY RELATING THERETO.

''', " " '.'

.. " ';,..

.

'TIm 

## BOARD**OFCOUNTYCo¥.MISS~b~RS** 

### Of 

## niE CP.lrNTv 

## OF

CLA.RK, STATE OFNEV ADA, DOES HEREBY ORDAIN 

### AS F:OtLOWS:

SE(;TION 1. 

### Cl1lfkCounty**~rQuality Re~ti~n,SCFtion~-Deiinitjons,**  ''Part

70' 

### Source" SubSection 

### (8) is 

### amended 

### as follows:



### Any soilfce <i¢'ined as 

### a ,naj()f Statioiulti' 

### source under**S~on** '12.2.7(fl) 

### or !2.3.2(Y);:or'8.s a major 

### source 'tinder 40 

### CFR §70.2 

### aSofJwy 'I, 

### 20UUuly 20, 

### wit;

, . , .



### SECTION 2. 

### CIarkGoWityAifQuhlity RegUlation SeCtion 12.2 -:- 

### Perriiit.

R,equirerpents 

### fur Major Sources in

### Attainmen~ 

### Areas (Preveption 

### of**Signifi~t**

Deterloration),Subsection 12.2.2(fI)(1)(<;) 

### of "M 

### ajor 'Stationary Source" is 

### amended to

read, as,**~llows:** 

### tt) Any stationary 

### SOurce**s~~** 

### in**paragr~phs** (I)(A) 

### or 

### (i)(B) o(this**~¢i~ti9r1 whic~**  emitS**~r** 

## haS**ili.~P9~tia!to~tGreenhouS¢ G~**  (''GHGs'')**tli8tare:subj~** to 

### regUlation 

### as defined In 40CFR**§52.21(~)(49)** 

## as ofJttly 1,



### . 2Oto July 20. 2011; 

### or'

.j



### SECTION 3. Clark County A.ir'Quality Regulation Section 12.2

- Permit

Requirements for Major Sources in At1ainment Areas (Prevention of Significant

Deteriomtion), Subsection 12.2.2(pp)(4) of "Regulated NSR pollutant" is amended to



### read as follows:

Any pollutant thatotheIWise is 

### subject tQ 

### regulation under the Act as def"med in
40 CPR §52.21(b)(49) as ofJuJy l.10tO July 

### 20,2011,

...

SECTION 4. Clark County Air Quality Regulation Section 12.2

- Permit

Requirements for Major Sourcesin At1ainment Areas (Prevention of Significant

Deteriomtion), Subsection**1~.2.~(uu)(** 

### I) Qf"Significant" is amended to read as follows:

GHG: the sum of the six well-mixed GHGs on a mass basis greater than 

### 0 tpy and

the sum Qf the six well-mixed GHOs equal to or greater than 

### 75,000 tpy C02e as defined in 40 CPR § 52.2 I (b)(49) as of July 1, 1010 July 

### 20. 2011

SECTION 5. If 

### any section of this ordinance or portion thereof is for any reason

held invalid or unconstitutional by any 

## cOurt of competent juriSdiction, such holding shall

not invalidate the remaining parts of this ordinance.

SECTION 6. All ordinances, parts of ordinances, chapters, sections, subsections,

clauses, phrases, or sentences contained in 

### the Clark County Code in conflict herewith

are hereby repealed.

III

2t.

.

SECTION 7. 

### This ordinance shall take effect and be in force from and after its

passage and the publication thereof by title only, together with the names of the County

Commissioners voting for or against its passage, in a newspaper published in and having

. a general circulation in Clark County, Nevada, at least once a week for a period of two

(2) weeks.

PROPOSED on the 

### 21st dayof

__ 

### --=-F.::.,:eb::...:.r...;;;u:..=.a.:...ry'--

__ --', 2012.

PROPOSEDBY: Commissioner 

### Steve Sisolak**PASSEDonthe~dayof**
___ 

### M_a_r_c_h

_____ 2012.

AYES: 

### Susan Brager

Lawrence L. 

### Brown 

## III

Tom Collins

Chris Giunchigliani

Mary Beth Scow

Steve Sisolak

Lawrence Weekly

NAYS: 

### None

III

3

# ....

ABSTAINING:_· ..:.::N=on=e:...-

_________**~_ ABSENT:~No~n~e** 
__**~~--------------**



### BOARD OF COUNTY COMMISSIONERS

CLARK. COUNTY

, NEvADA

D 

## AALBA; CoUnty Clerk

This ordinance shall be in force and effect from and after

the 20th day of March 2012.

4

### THIS PAGE INTE NTIONALLY BLANK

## Board of County Commissioners

SUSAN BRAGER

Chairman
STEVE SISOLAK

Vice

- Chairman

TOM COLLINS
CHRIS GIUNCHIGLIANI

LAWRENCE WEEKLY

LARRY BROWN
MARY BETH SCOW

COMMISSION CHAMBERS

GOVERNMENT CENTER LAS VEGAS, CLARK COUNTY, NEVADA TUESDAY, MARCH 6 , 2012

The Board of County Commissioners of Clark County, Nevada, met in a special session, in full conformity with law and bylaws of said Board, at the regular place of meeting in the Commission Chambers, Government Center, Las Vegas, Clark County, Nevada on Tuesday, the 24th day of January, 2012, at the hour of 1:30 p.m. The meeting was called to order at the hour of 1:37 p.m. by Chairman Brager and, on roll call, the following members were present, constituting all of the members thereof:

CALL TO ORDER

CHAIRMAN AND COMMISSIONERS: Susan Brager

Tom Collins Larry Brown Chris Giunchigliani

Steve Sisolak Lawrence Weekly Mary Beth Scow

Absent: None

Also present: Don Burnette, County Manager Mary

- Anne Miller, Deputy District Attorney R. Jones, Deputy Clerk K. Semplinski, Deputy Clerk



### 62 Conduct a public hearing; and approve, adopt, and authorize the Chair to sign an ordinance to amend Clark County Air Quality Regulations (AQR) Sections 0 and 12.2 to incorporate by reference the federal Greenhouse Gas Tailoring Rule amendments that became effective July 20, 2011; providing for other matters related thereto; and authorize the Director or his designee to make a record of comments and responses from the publichearing and then compile, finalize, and submit the ordi nance and all related documentation required by AQR Section 2 to the Nevada Division of Environmental Protection and the United States Environmental Protection Agency for approval and amendment of the Nevada State Implementation Plan. (For possible action)

ATTACHMENT: Clark County Agenda Item Template.doc

ATTACHMENT: Ordinance Title 12.2.Greenhouse.pdf

MOVED BY: Tom Collins ACTION: APPROVED (INCLUDING ADOPTION OF ORDINANCE NO. 4007) AS

RECOMMENDED

VOTE: 7 -0 VOTING AYE: Mary Beth Scow, Lawrence Weekly, Steve Sisolak, Susan Brager, Tom Collins, Chris Giunchig liani, Larry Brown

VOTING NAY: NONE

ABSTAINING: NONE

ABSENT: NONE

### THIS PAGE INTE NTIONALLY BLANK

# CHAPTER 3: LEGAL AUTHORITY

TO IMPLEMENT

### THIS PAGE INTE NTIONALLY BLANK9.08.040 Board powers and duties. Page 1 of 1

Title 9 PUBLIC HEALTH AND SANITATION*

Chapter 9.08 AIR QUALITY AND ENVIRONMENTAL MANAGEMENT*

9.08.040 Board powers and duties.

The board of county commissioners shall:

(a) Adopt, promulgate and amend rules and regulatio ns, and procedures for carrying into effect and administering fully the provisions of this chapte r and Chapter 445B of the Nevada Revised Statutes;

(b) Have the power and duty to enforce this chapter;

(c) Have the power to exercise any other air quality permitting, compliance, planning and management powers conferred by local, state, or federal law to a local air pollution control agency;

(d) Have the power and exercise any other environm ental planning and management powers conferred by local, state, or federal law. (Ord. 3085 § 17, 2004)

http://ordlink.com/codes/clarknv/_DATA/TITLE09/Ch apter_9_08_AIR_QUA LITY_AND_ENVIR/ 9_08...1/26/20069.08.130 Air quality regulations. Page 1 of 1

Title 9 PUBLIC HEALTH AND SANITATION*

Chapter 9.08 AIR QUALITY AND ENVIRONMENTAL MANAGEMENT*

9.08.130 Air quality regulations.

(a) The air quality regulations adopted by reference pur suant to NRS 4458.610(3) on July 1,2001, (three copies of which are available for inspection in the office of the county cler k, commission division) may be amended from time to time. including additions and deletions, in accordance with NRS 4458.500.

(b) Wherever "department of air quality managemenf appears in the air quality regulations in effect on July 1. 2004, this term shall be substituted wi th "department of air quality and environmental

management. n

(c) Wherever "control officer" appears, this term s hall mean the air pollution control officer appointed by the county manager under the provisions ofthis section. (Ord. 3085 § 23.2004)

http://ordlink.com/codes/clarknv/_DATA/TITLE09/Ch apter_9_08_AIR_QUA LITY_AND_ENVIR/ 9_08...1/26/2006NRS 445B.210 Powers of Commission. The Commission may:

1. Subject to the provisions of NRS 445B.215 , adopt regulations consistent with the general intent and purposes

of NRS 445B.100 to 445B.640 , inclusive, to prevent, abate and control air pollution.

2. Establish standards for air quality.

3. Require access to records relating to emissions which cause or contribute to air pollution.

4. Cooperate with other governmental agencies, including other states and the Federal Government.

5. Establish such requi rements for the control of emissions as may be necessary to prevent, abate or control air pollution.

6. By regulation: (a) Designate as a hazardous air pollutant any substance which, on or after October 1, 1993, is on the federal list

of hazar dous air pollutants pursuant to 42 U.S.C. § 7412(b); and (b) Delete from designation as a hazardous air pollutant any substance which, after October 1, 1993, is deleted from the federal list of hazardous air pollutants pursuant to 42 U.S.C. § 7412(b)

, based upon the Commission’s determination of the extent to which such a substance presents a risk to the public health.

7. Hold hearings to carry out the provisions of NRS 4 45B.100 to 445B.640 , inclusive, except as otherwise provided in those sections.

8. Establish fuel standards for both stationary and mobile sources of air contaminants. Fuel st andards for mobile sources of air contaminants must be established to achieve air quality standards that protect the health of the

residents of the State of Nevada.

9. Require elimination of devices or practices which cannot be reasonably allowed wi thout generation of undue

amounts of air contaminants. (Added to NRS by 1971, 1193; A 1973, 1813; 1993, 2852; 1997, 3230; 2007, 1907 )

NRS 445B.500 Establis hment and administration of program; contents of program; designation of air pollution control agency of county for purposes of federal act; powers and duties of local air pollution control board; notice of public hearings; delegation of authority to determine violations and levy administrative penalties; cities and smaller counties; regulation of certain electric plants prohibited.

1. Except as otherwise provided in this section and in NRS 445B.310 : (a) The district board of health, county board of health or board of county commissioners in each county whose population is 100,000 or more shall establish a program for the control of air pollution and administer the program within its jurisdiction unless superseded. (b) The program: (1) Must include, without limitation, standards for the control of emissions, emergency procedures and variance procedures established by ordinance or local regulation which ar e equivalent to or stricter than those established by statute or state regulation; (2) May, in a county whose population is 400,000 or more, include requirements for the creation, receipt and exchange for consideration of credits to reduce and control air contaminants in accordance with NRS 445B.508 ; and (3) Must provide for adequate administration, enforcement, financing and staff. (c) The district boa rd of health, county board of health or board of county commissioners is designated as the air pollution control agency of the county for the purposes of NRS 445B.100 to 445B.640 , inclusive, and the Federal Act insofar as it pertains to local programs, and that agency is authorized to take all action necessary to secure for the county the benefits of the Federal Act. (d) Powers and responsibilities provided for in NRS 445B.210

, 445B.240 to 445B.470 , inclusive, 445B.560

, 445B.570

, 445B.580 and 445B.640 are binding upon and inure to the benefit of local air pollution control authorities

wit hin their jurisdiction.

2. The local air pollution control board shall carry out all provisions of NRS 445B.215 with the exception that notices of public hearings must be given in any newspaper, qualified pursuant to the provisions of chapter 238 of NRS, once a week for 3 weeks. The notice must specify with particularity the reasons for the proposed regulations and provide other informative details. NRS 445B.215 does not apply to the adoption of existing regulations upon

transfe r of authority as provided in NRS 445B.610

. 3. In a county whose population is 400,000 or more, the local air pollution control board may delegate to an independent hearing of ficer or hearing board its authority to determine violations and levy administrative penalties for violations of the provisions of NRS 445B.100 to 445B.450 , inclusive, and 445B.500 to 445B.640 , inclusive, or

any regu lation adopted pursuant to those sections. If such a delegation is made, 17.5 percent of any penalty collected must be deposited in the county treasury in an account to be administered by the local air pollution control board to amaximum of $17,500 per ye ar. The money in the account may only be used to defray the administrative expenses incurred by the local air pollution control board in enforcing the provisions of NRS 445B.100 to 445B.640

, inclusive. The remainder of the penalty must be deposited in the county school district fund of the county where the violation occurred and must be accounted for separately in the fund. A school district may spend the money received pursuant to this section only in accordance with an annual spending plan that is approved by the local air pollution control board and shall submit an annual report to that board detailing the expenditures of the school district under the plan. A local air pollution control board shall approve an annual spending plan if the proposed expenditures set forth in the plan are reasonable and limited to: (a) Programs of education on topics relating to air quality; and (b) Projects to improve air quality, including, without limitation, the purchase and installation of equipment to retrofit school buses of the school district to use biodiesel, compressed natural gas or a similar fuel formulated t o reduce emissions from the amount of emissions produced by the use of traditional fuels such as gasoline and diesel fuel, which are consistent with the state implementation plan adopted by this State pursuant to 42 U.S.C. §§ 7410

and 7502.

4. Any c ounty whose population is less than 100,000 or any city may meet the requirements of this section for administration and enforcement through cooperative or interlocal agreement with one or more other counties, or through agreement with the State, or may es tablish its own program for the control of air pollution. If the county establishes such a program, it is subject to the approval of the Commission.

5. No district board of health, county board of health or board of county commissioners may adopt an y regulation or establish a compliance schedule, variance order or other enforcement action relating to the control of emissions from plants which generate electricity by using steam produced by the burning of fossil fuel.

6. As used in this section , “plants which generate electricity by using steam produced by the burning of fossil fuel” means plants that burn fossil fuels in a boiler to produce steam for the production of electricity. The term does not include any plant which uses technology for a simple or combined cycle combustion turbine, regardless of whether the plant includes duct burners. (Added to NRS by 1971, 1199; A 1973, 1819; 1975, 1126, 1782; 1977, 1559; 1979, 546; 1985, 291; 1991, 2161;
1993, 175; 1997, 1999; 1999, 1976 ; 2001, 1296

, 1515 ; 2003, 44 ; 2007, 319 )With one exception, Section 2 of the Clark County Air Quality Regulations contains all the administrative requirements of federal, state

, and local statutes pertaining to the adoption of regulations. As documented in this SIP submittal, each requirement has been met. Section 2 does not reflect the 2007 change to 40 CFR 51.102(a) , which clarified the requirement that a public hearing be conducted only after at least 30 days of public notification and the opportunity to submit written comments. However, as the notices of hearing and the comment section show , the rulemaking process met these requirements.

Under Section 237 of the Nevada Revised Statutes , a Business Impact Notice and Business Impact S tatement are required. These documents, along with the Boa rd’s agenda item accepting them, are available from DAQEM upon request.

### CLARK COUNTY

AIR QUALITY REGULATIONS

SECTION 2 - PROCEDURES FOR ADOPTION AND REVISION OF

REGULATIONS AND FOR INCLUSION OF THOSE

REGULATIONS IN THE STATE IMPLEMENTATION PLAN

2.1 Purpose.

(a) The purpose of this regulation is to set forth the general procedural requirements for the adoption and revisi on of Clark County Air Quality Regulations and for inclusion of certai n of those regulations in the State Implementation Plan in accordanc e with NRS §§ 244.09 5-.119, NRS §§ 237.030-.110, NRS §§ 445B .215 and .500(2), Section 110 of the Act, and
40 C.F.R. Part 51. The Board of County Commissioners (“BCC”) shall comply with any additional applicable pr ocedural requirements pursuant to federal, state, or local law.

2.2 Procedures for Adoption and Revision of the Air Quality Regulations by

Ordinance.

2.2.1 Enactment by Bill; Summary and Title.

• No ordinance shall be adopted by t he BCC except by bill. When an ordinance is amended, the se ction or sections thereof shall be reenacted as amended, and no ordinance shall be re vised or amended by reference only to its title.

• Every ordinance shall bear a summary , which shall appear before the title

and which shall state in brief the subject matter of the ordinance.

• The subject of each ordinance shall be clear ly indicate d in the title. In any case in which the subject of the ordinance is not described in the title, the

ordinance shall be void as to the matter not described.

2.2.2 Notice of Public H earing; Introduction of Ordinanc e; Publication of Hearing Procedures for Enactment; Publication of Revised Ordinance.

Amended 12/20/05 2-1 CC Air Quality Regulations(a) Notice of Public Hearing. Notice of the public hearing on an ordinance which is to be considered by the BCC must be given in any newspaper, pursuant to the provisions of chapt er 238 of NRS, once a week for three weeks commencing at least 30 days befor e the hearing. The notice must specify with particularity the reas ons for the proposed ordinance and provide other informative details.

(b) Introduction of Ordinance. All proposed ordinances including ordinances proposed for inclusion in the SIP, w hen first proposed, must be read by title to the BCC, immediately after whic h at least one copy of the proposed

ordinance must be filed wit h the County Clerk for public examination in each district in which it will apply.

(c) Publication of Hearing. Notice of the filing, together with the title and an adequate summary of the ordinance, and the date on which a public hearing will be held, must be published onc e in a newspaper published in the county at least 10 days before the date set for the hearing.

(d) Enactment. The BCC shall adopt or re ject the ordinance, or the ordinance as amended, within thirty-fiv e (35) days after the date of the close of the final public hearing, exc ept that in cases of emergency, by unanimous consent of the whole BCC, final acti on may be taken immediately or at a special meeting called for that purpose.

(1) After adoption, the ordinance must be:

(i) Signed by the chairman of the BCC.

(ii) Attested by the County Clerk.

(iii) Published by title only, t ogether with the names of the County commissioners voting for or against its passage, in a newspaper published in and having a general circulation in the County, at least once a week for a period of two (2) weeks before it goes into effect. Publication by title must also cont ain a statement to the effect that typewritten copies of the ordinance are available for inspection at the office of the County Clerk by all interested persons.

(e) Publication of Revised Ordinance. Whenever a revision is made and the revised ordinances are published in book or pamphlet form by authority of the BCC, no further publication is necessary.

(1) Except in an emergency, before acting upon a new or amended
ordinance the BCC must hold a heari ng at which interested persons may present their views. The public hearing may be held in conjunction with the meeting provid ed for in subsection 2.2.2(d).

Amended 12/20/05 2-2 CC Air Quality Regulations2.2.3 Style of Ordinances.

(a) The style of the ordinances s hall be as described in NRS § 244.110.

2.2.4 Adoption of Ordinances Affecting Busine sses; Economic Impact Analysis. The BCC shall comply with the provisi ons set forth in NRS §§ 237.030 through

237.110.

2.2.5 Variance Between Ordinance and Pub lished Notice of Proposed Ordinance.

(a) The BCC may not consider an ordinanc e that is substantially different from the proposed ordinance contained in the notice of proposed rule making filed with the County Clerk pur suant to subsection 2.2.2(b). However, the BCC may terminat e a rule making proceeding and commence a new rule making proceeding for the purpose of making a substantially different rule.

(b) In determining whether an ordinance is substantially different from the published proposed ordinance on which it is required to be based, all of the following must be considered:

(1) The extent to which all persons affected by the ordinance should have understood that the publis hed proposed ordinance would
affect their interests.

(2) The extent to which the subj ect matter of the ordinance or the issues determined by that ordinance are different from the subject matter or issues involved in the published proposed ordinance.

(3) The extent to which the proc edure contained in t he ordinance or the
effects of the ordinance differ from the procedure or effects of the published proposed ordinance if it had been made instead.

2.3 Additional Procedures for the Adopt ion and Revision of Regulations and Other Materials to be Incorporated in the State Implementation Plan.

2.3.1 Applicability. To the extent an air qualit y regulation is also to be submitted to the
Nevada Division of Environmental Protec tion (“NDEP”) for inclusion in the SIP under § 110 of the Act, the procedures de scribed in this section 2.3 shall be followed. These procedures shall apply to submission of:

(a) Any revision to the SIP de scribed by 40 C.F.R. § 51.104(a).

(b) Any individual compliance schedule under 40 C.F.R. § 51.260.

Amended 12/20/05 2-3 CC Air Quality Regulations(c) Any other SIP revision submi tted to NDEP pursuant to 40 C.F.R. § 51.104(d).

2.3.2 Additional Procedural Requirements.

(a) Public Notice. Any notice required by subsection 2.2.2(a) will also include

notice to:

(1) The Administrator (through the appropriate regional office).

(2) Notification to each local air pollution control agency and tribal government which will be significant ly impacted by such plan, schedule or revision;

(3) In the case of an interstate regi on, notification to any other States included, in whole or in part, in th e regions which are significantly impacted by such plan or schedule or revision. (4) In addition to the public notic e requirements provided herein, the BCC may require that notice be giv en in an alternate publication or
forum.

(b) Public hearings.

(1) Separate hearings may be held for plans to implement primary and secondary standards.

(2) No hearing will be required for any change to an increment of progress to an approved individua l source compliance schedule unless that change is likely to caus e the source to be unable to comply with the final compliance date in the schedule.

(c) Recording-keeping and Certific ation of Public Hearing.

(1) The Department of Air Q uality and Environmental Management (“DAQEM”), on behalf of the BCC, shall prepare and retain, for inspection by the Administrator upon request, a record of each hearing and each written comment. The hearing record must contain, at a minimum, a list of commenters together with the content of each presentation.

(2) The BCC shall submit to NDEP with the plan, revision, or schedule a certification that the hearing required by 40 C.F.R. § 51.102(a)

was held in accordance with the notice required by 40 C.F.R. § 51.102(d).

Amended 12/20/05 2-4 CC Air Quality Regulations2.3.3 Submission of Plans; Pr eliminary Review of Plans.

(a) The following items shall be included with ordinances, compliance plans or other SIP components to be submitt ed to NDEP for transmittal to EPA:

(1) SIP administrative materials:

(i) Evidence that the BCC has adopt ed the SIP in accordance with applicable state and local law or issued the permit, order, consent agreement or other SIP component in final form in accordance with
40 C.F.R. Part 51. That evidenc e must include the date of adoption

or final issuance as well as the effective date of the revision or other component, if different fr om the adoption/issuance date.

(ii) Evidence that the BCC has the necessary legal authority to adopt and implement the SIP.

(iii) A copy of the act ual ordinance, or document submitted for approval and incorporation by reference into the SIP, including indication of the changes made to the existing approved SIP, where applicable. The submittal may be a copy of the official ordinance/document signed, stamped, dated by the appropriate BCC official indicating that it is fully enforc eable by the BCC. The effective date of the ordinance/document must, whenever po ssible, be indicated in the
document itself.

(iv) Evidence that public notice wa s given of the proposed change consistent with EPA procedures, incl uding the date of publication of

that notice.

(v) Certification that public hearing( s) were held in accordance with information provided in the public notice and applicable state and local law, if required.

(vi) Compilation of public comments and the BCC's response.

(2) Technical Support.

(i) Identification of a ll regulated pollutants affected by the ordinance, compliance plan or other SIP component.

(ii) Identification of the lo cations of affected sources.

(iii) Quantification of the changes in SIP allowable emissions from the affected sources; estimates of c hanges in current actual emissions from affected sources or, wher e appropriate, quantification of

Amended 12/20/05 2-5 CC Air Quality Regulationschanges in actual emissions fr om affected sources through

calculations of the differences between certain baseline levels and allowable emissions anticipated as a result of the revision.

(iv) Evidence, where necessary, that emission limitations are based on continuous emission reduction technology.

(v) Evidence that the plan contains emission limitations, work practice standards and record-keeping/repor ting requirements, where necessary, to ensure compliance with emission levels.

(vi) Compliance/enforcement stra tegies, including how compliance will be determined in practice.

(b) The BCC, through its submissi on to NDEP for transmittal to the Administrator, may submit those el ements of the SIP awaiting formal adoption for EPA’s comment prior to adoption under the “parallel processing” procedures of 40 C.F.R. Part 51, § 51.103(b), Appendix V, Section 2.3.1. SIP pr ovisions undergoing parallel processing are not subject to the requirements of subsec tion 2.3.3(a)(1) but must meet all requirements of subsection 2.3.3(a)(2 ). The following requirements apply to plans submitted for parallel processing:

(1) A letter requesting that EPA propos e approval of the proposed plan by parallel processing.

(2) In lieu of subsection 2.3.3(a)(1)(i ), the BCC shall submit a schedule for final adoption or issuance of the plan.

(3) In lieu of subsection 2.3.3(a)(1 )(iii), the submission shall include a copy of the proposed/draft regul ation or document, including indication of the proposed changes to be made to the existing approved plan, where applicable.

(4) The requirements of subsections 2.3.3(a)(1)(v)-(vi) do not apply to plans submitted for parallel processing.

(c) Parallel Processing applies only to EPA’s determination of proposed
action. The BCC must meet all requirements of subsection 2.3.3(a)(2) prior to publication of EPA’s final determination of plan approvability.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - History: Amended: November 18, 1993; De cember 19, 1996; February 20, 2001; June 3, 2003; Ju ly 1, 2004; December 20, 2005.

Amended 12/20/05 2-6 CC Air Quality Regulations

### THIS PAGE INTE NTIONALLY BLANK

# CHAPTER 4: AMENDED AIR QUALITY REGULATIONS

# SECTION 0 : STRIKEOUT/UNDERLINESECTION 0: DEFINITIONS

In these Air Quality Regulations (AQRs), incorporated into the Clark County Code at Section 9.08.130, unless the context otherwise requires:

" Act " means the Clean Air Act (CAA) , as amended, 42 U.S.C. 7401, et seq.

"Actual Emissions" means the actual rate of emissions of a regulated air pollutant from

an emissions unit, as determined in accordance with this definition:

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the regulated air pollutant 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 different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) If there is inadequate information to determine actual historical emissions, the Control Officer may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(c) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit

on that date.

"Administrator" means the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.

" Affected Source " means a source that includes one or more affected units that are subject to the acid rain requirements under Title IV of the Act or subject to a sta ndard or other requirement under Sections 112(d), (f) or (h) of the Act.

"Affected State(s)" means all States whose air quality may be affected that are located contiguous to or within fifty (50 ) miles of Clark County, Nevada, including Arizona,

Californi a, and Utah. Any Indian tribe located in Clark County or within fifty (50) miles of the permitted source shall be considered an Affected State.

"Affected Unit" means a unit that is subject to any requirement under Title IV of the Act

.

"Agricultural Operations" means the growing of crops for profit or the growing of crops for the purpose of providing life support to a consider able number of people, animals, or fowl.“Air Contaminants” means any solid, liquid, or gaseous matter, any odor, or any form of energy that is capable of being released into the atmosphere from an emission source.

"Airplane Refueling Area" means a place capable of receiving, storing and dispensing one or more types of gasoline or petroleum distillate for consumptio n by airplan es.

"Air Pollution " means the presence in the outdoor atmosphere of one or more air pollutants or any combination thereof in such quantity and duration as may tend to:

(a) Injure human health or welfare, animal or plant life, or property;

(b) Limit visi bility or interfere with scenic, aesthetic and historic values of the State; or

(c) Interfere with the enjoyment of life or property.

"Air Quality Area" means the airshed regions within Clark County, Nevada

, designated as

a serious Nonattainment Area, m oderate Nonattainment Area, or Prevention of Significant Deterioration (PSD) Area. The following table lists the air quality areas for each criteria air pollutant by air quality planning region :

Air Quality Areas for each Criteria Air Pollutant by Air Quality Planning Region

PM 10 CO VOC NO

x SO 2 and Pb

Serious

Nonattainment Area LV LV

Moderate

Nonattainment Area

Prevention of Significant Deterioration (PSD)

Area IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA 1 IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB,

GA SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, T V, CW, MR, MW, CS, LM, VV, BA, GB,

GA LV, EV, IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA

1 See “Airshed Regions within Clark County, Nevada” table on p. 3 for region abbreviations.

“Air Quality Planning Region” means an area within Clark County, Nevada, consisting of one hydrographic area, as listed in the definition of airshed region, which is used for air quality planning purposes." Airshed Region" or “Airshed” means an area within Clark County, Nevada

, consisting of one hydrographic area as listed in the following table:

A IRSHED R EGIONS within Clark County, Nevada

A IR Q UALITY P LANNING R EGION A IRSHED R EGION A IR Q UALITY P LANNING
R EGION Abbreviation

Las Vegas Valley H YDROGRAPHIC A REA 212 LV Eldorado Valley H YDROGRAPHIC A REA 167 EV North Ivanpah Valley H YDROGRAPHIC A REA 164A IV South Ivanpah Valley H YDROGRAPHIC A REA 164B SI Jean Lake Valley H YDROGRAPHIC A REA 165 JL South Hidden Valley H YDROGRAPHIC A REA 166 SH Garnet Valley H YDROGRAPHIC A REA 216 GV North Hidden Valley H YDROGRAPHIC A REA 217 NH Paiute Valley H YDROGRAPHIC A REA 214 PV Colorado River Valley H YDROGRAPHIC A REA 213 CV Mesquite Valley H YDROGRAPHIC A REA 163 MS Pahrump Valley H YDROGRAPHIC A REA 162 PR

South Three Lakes Valley H YDROGRAPHIC A REA 211 ST

Frenchman Flat H YDROGRAPHIC A REA 160 FF Indian Springs Valley H YDROGRAPHIC A REA 161 IS North Three Lakes Valley H YDROGRAPHIC A REA 168 NT Tikapoo Valley H YDROGRAPHIC A REA 169B TV

California Wash H YDROGRAPHIC A REA 218 CW Muddy River Springs Area H YDROGRAPHIC A REA 219 MR Lower Meadow Valley Wash H YDROGRAPHIC A REA 205 MW Coyote Springs Valley H YDROGRAPHIC A REA 210 CS Lower Moapa Valley H YDROGRAPHIC A REA 220 LM Virgin River Valley H YDROGRAPHIC A REA 222 VV

Black Mountains Area H YDROGRAPHIC A REA 215 BA

Gold Butte Area H YDROGRAPHIC A REA 223 GB

Greasewood Area H YDROGRAPHIC A REA 224 GA

If a hydrographic area extends beyond the boundary of Clark County and the State of

Nevada , only the portion that is within the boundary of Nevada is included in the definition of airshed region.

"Allowable Emissions" means the Emissions rate of a Stationary Source calculated using the maximum rated capacity of the source (unless the source is subject to practically enforceable limits which restrict the operating rate, hours of operation, or both) and the most stringent of the following:(a) Any applicable standards as set forth in these AQRs or 40 CFR Parts 60, 61 or 63;

(b) Any applicable N evada State Implementation Plan (SIP) emission limitation, including those with a future compliance date; or

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

"Apex Valley" means the geographical area that coincides with the boundary of Hydrographic Area 216 (also known as Garnet Valley) as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map

is contained in the definition of Hydrographic Areas.

"Applicable Requirement" means any of the following requirements as they apply to an emissions unit covered by a permit issued pursuant to Section 12 of the AQRs:

(a) Any standard or requirement included in the Nevada SIP approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;

(b) Any term or condition of any permit issued pursuant to Section 12 of the AQRs;

(c) Any requirement under Section 111 (“New Source Performance Standards”) of the Act;

(d) Any requirement under Section 112 (“Hazardous Air Pollutants”) of the Act;

(e) Any standard or other requirement of the Acid Rain Program under Title IV

of the Act or the regulations promulgated thereunder;

(f) Any requirements established pursuant to Section 504(b) or Section 114(a)(3) (“Monitoring, Analysis and Compliance”) of the Act;

(g) Any requirement relating to solid waste incineration under Section 129 (“Solid W aste Combustion”) of the Act;

(h) Any requirement for consumer or commercial products under Section 183(e) (“Ozone”) of the Act;

(i) Any requirement for tank vessels under Section 183(f) (“Tank Vessel Standards”) of the Act;(j) Any standard or requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the EPA determines that any such requirement need not be contained in a Part 70 Permit;

(k) Any national ambient air quality standard or increment or visibility requirement un der Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) (“Temporary Sources”) of the Act;

(l) Any requirement necessary to comply with the prohibition in Sections 126(a)(1) and 126(c) (“Interstate Pollution Abatement”) of the Act; and

(m) Any requirement under the AQRs, e.g., “Emission of Visible Air Contaminants,” “Odors in the Ambient Air,” and “Prohibitions of Nuisance

Conditions.”

"Application Area " means the area where surface coating is applied by spraying, dipping or
flow

- coating techniques.

“Authority to Construct Permit” or “Part 70 Authority to Construct Permit” means a permit issued to a Part 70 source by the Control Officer pursuant to Section 12.4.3 of
the AQRs that:

(a) Authorizes the construction and an initial period of operation of a new Part 70 source, or the modification or reconstruction of an existing Part 70 source; and

(b) Includes the conditions which apply to the construction and an initial period of operation of a new Part 70 so urce, or the modification or reconstruction of an existing Part 70 source.

"Best Ma nagement Practices" means dust c ontrol m easures that are based on each project soil type, project activity, and phasing as required by the applicable standards of

Sections 9 1 through 94 of these AQRs. These practices shall be included in each Dust Control Permit and Dust Mitigation Plan and are established to meet the goal of reduc ing particulate emissions from c onstruction sites. Additionally, some practices are designed to address the economic and environmental purposes of reducing the amount of water to be

used for dust control.

"British Thermal Unit " or “BTU” means that quantity of heat required to raise the temperature of one pound of water 1 degree F.

“Building, stru cture, facility, or installation” means all of the pollutant

- emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under

commo n control) except the activities of any vessel. Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same ‘‘MajorGroup’’ (which have the same first two digit code) as described in the Standard

Ind ustrial Classification Manual , 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101

– 0066 and 003

– 005

– 00176

– 0, respectively) or the North American Industry Classification System, as published in

2002.

"Building Vent " means an opening of a building through which there is mechanically induced air flow for the purpose of exhausting e missions

.

"Chemical Process" means a manufacturing opera tion in which one or more changes in chemical composition, chemical properties, or physical properties are involved.

"Clearing and Grubbing" means the removal of tree stumps, shrubs, trash, and dirt piles

before excavation of a site

.

"Combined Tank Capacity" means all g asoline storage tanks at the gasoline s tation.

"Combustible Re fuse" means any waste material that can be consumed by combustion

.

" Commence" or “Commencement” as applied to construction of a stationary source or modification means that the owner or operator has all necessary preconstruction approvals or permits and has:

(a) Begun, or caused to begin, a continuous program of actual on

- site

c onstruction of the source, to be completed within a reasonable time or

(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual c onstruction of the source to be completed

within a reasonable time.

“Commence Operation” or "Commencing Operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start

- up of a unit’s combustion chamber that changes the location, form, physical properties, or

chemical character of a material.

" Commercial and Residential Construction" means c onstruction of structures intended to be utilized solely as personal dwellings, including but not limited to single family homes, duplexes, fourplexes, apartments, condominiums, and town houses; c onstruction of institutional structures, schools, libraries, churches, hospitals, parks, office structures; shopping malls; residential streets within a subdivision; improvements to existing curbed paved roads; parking lots, parking lot structures; and c onstruction of underground utilities for sanitary sewer, water, electricity, natural g as and communication.

“Complete” means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating anapplication complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting any additional information.

"Constructi on" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or m odification of an e mission s

u nit), that would result in a change in e missions

.

"Construction Activity" m eans the following a ctivities: c ommerc ial and residential construction, f lood c ontrol construction, and highway c onstruction as defined in Section 0.

" Control Measure" means a technique, practice, or procedure used to prevent or minimize the generation, e mission, entrainment, suspension, and /or airborne transport of fugitive

d ust

.

"Control Officer" means the Air Pollution Control Officer appointed by the County Manager, the Control Officer’s designee or individual staff members who have been delegated the

authorit y by the Control Officer or his /her designee to perform specific Control Officer

functions.

“Date of Submittal” means the date a document is postmarked, if the document is delivered by the U.S. Postal Service. If the document is hand delivered by the doc ument owner, his/her representative or a commercial carrier, the date of submittal is the date the document is date stamped by the department.

“Designated Trail” means any trail designated by a public agency for use by equestrians, hikers, bicycles, or ot her non motorized forms of travel.

"Dispatchable Peak Shaving" means a program by which peak s having operations will be scheduled and controlled by the serving public utility to those times essential to maintain a reliable, area

- wide, supply source of elec trical energy

.

"Disturbed Surface Area" means a portion of the earth's surface (or material placed thereupon) which is being moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby increasing the potential for the e mission of fugitive

d ust

.

"Dust Palliative" means hygroscopic material, non

- toxic chemical stabilizer or other dust

p alliative material that is not prohibited for ground surface application by the EPA or the Nevada Division of Environmental Protection (NDEP) or by any applicable law or regulation, as a treatment material for reducing fugitive d ust e missions. Water, solutions of water and chemical surfactants, and foam are not d ust p alliatives for the

p urpose of these r egulations

.

"Dust Suppressant" means water, solution of water and chemical surfactants, foam, or any other dust p alliative which is not prohibited for ground surface application by theEPA or NDEP or by any applicable law or regulation, as a treatment material for

red ucing fugitive d ust e missions

.

"Electric Utility Steam Generating Unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one third (1/3) of its potential electric output capacity and more than twenty

- five (25) MW of electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

"Eldorado Valley" means the geographical area that coincides with the boundary of the Hydrographic Area 167 as reported in the Hydrographic Areas Map, prepared by the

Div ision of Water Resources, Rev. 9/71. An approximate map is contained in the definition

of h ydrographic a reas

.

"Emergency" means a situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including Acts of God.

"Emission(s)" or "Emit(s)" means the release or the passing into the ambient air of a regulated air pollutant.

“Emission Limit” or “Emission Limitation” means a requirement established by the Control Officer or the Administrator that limits the quantity , rate, or concentration of emission of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational standard promulgated under these regulations or

the Act.

“Emission s Unit" means any part or activity of a stationary s ource that e mits or has the potential to e mit any regulated air p ollutant

.

"EPA" means the United States Environmental Protection Agency.

"Ethanol" means an alcohol with the chemical formula CH 3 CH 2 OH.

"Excess Emissions" means emissions in excess of an emission limitation.

"Existing Emissions Unit" means, unless otherwise specified in these regulations, an

emissions unit that has either been authorized to commence construction or modification or has commenced construction or modification prior to the effective date of rule.

"Existing Stationary Source" means, unless otherwise specified in these regulations, any stationary source that has either been authorized to commence construction or
modification or has commenced construction or modification prior to the effective date of

rule

.“ Federal Land Manager ” means, with respect to any lands in the United States, the Secretary of the department with authority over such lands

.

"Federally Enforceable" means all limitations and conditions which are enforceable by

the Administrator.

"Flood Control Construction" means c onstruction of flood detention basins, flood diversion channels, box culverts, and excavations intended to capture or retain water.

"Fuel" means material which is capable of releasing energy or power by combustion or other chemical or physical reaction.

"Fuel Burning Equipment" means any device used for the burning of fuel for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with any other materials

.

"Fuel Oil" means a liquid fuel derived from crude oil or petroleum, including distillate oil

, residual oil, and used oil.

"Fugitive Dust" means particulate matter, that is not collected by a capture system, is

entrained in the a mbient a ir and is caused from human and/or natural activities, such

as

, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of these regulations, fugitive d ust does not include particulate m atter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from pile drivers, and does not include emissions from process and combustion sources that are subject

to other sections of these r egulations.

"Fugitive Emissions " means those e missions which could not reasonably pass through a

s tack, chim ney, vent, or other functionally equivalent opening.

"Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of four 4 pounds per square inch or greater

.

"Gasoline Dispensing Operation ” means a facility, except bulk distribution ter minal, that is capable of receiving, storing, and dispensing to a motor v ehicle one or more grades of

g asoline.

“Good Engineering Practice (GEP) Stack Height” means a stack height meeting the requirements described in Subsection 12.2.7.3 of the AQRs.

“Ha zardous Air Pollutant" or “HAP” means any air pollutant listed in or pursuant to Section 112(b) of the Act

."Highway Construction" means c onstruction of roadway systems including arterials, expressways, interstates, tunnels, overpasses, bridges, interchanges and airport runway improvements, but not residential streets within a subdivision.

"Hydrographic Basin Areas" or “Hydrographic Areas” means the areas within Clark County, Nevada as defined in the State of Nevada Hydrographic Areas Map , prepared by the Division of Water Resources, Rev. 9/71. A hydrographic area may extend into adjacent county(s), but the hydrographic area will terminate at the state boundary. T he following map

, provided for quick reference, represents the hydrographic areas and air quality planning regions within the Clark County boundary and exclude s only the portion of the hydrographic area that is outside of the Nevada boundary:One Inch = 15 miles"Incinerator" means any furnace used in the process of burning waste for the primary purpose of reducing the volume of the waste by removing combustible matter.

"Insignificant Activities and Emissions" means those activities that meet the criteria set

forth in subsection 12.5.2.5.

"Ivanpah Valley" means the geogr aphical area that coincides with the boundary of the Hydrographic Area 164A (also known as North Ivanpah Valley) as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map is contained in the defi nition of h ydrographic a reas.

" Las Vegas Valley" means that geographical area that coincides with the boundary of the Hydro graphic Area 212 as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map is contained in the
definition of h ydrographic a reas.

"Leak Free" means a liquid leak of less than three (3) drops per minute

.

"Methyl Tertiary Butyl Ether (MTBE)” means an ether with the chemical formula (CH 3 ) 3 C(

- OCH 3 ).

"Motocross Race Course" means a closed loop course established on improved or unimproved property upon which the actual track may be dirt, gravel, pavements or other surface encompassing an area of less than fifty (50) acres.

"Motor Vehicle" means every device in, upon

, or by which any p erson or property is, or may be, transported or drawn upon a road or highway, except devices moved by human power or used exclusively upon stationary rails

.

" Natural Cover " means any vegetation that exists on the property.

“Nonattainment Area" means any geographic region of the United States that has been designated as “nonattainment” under Section 107 of the Act for any pollutant for which a National Ambient Air Quality Standard exists.

"Non

- metallic Mineral" means any of the following minerals or any mixture that contains more than fifty percent (50%) by weight any of the following minerals :

(a) Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quartz, quartzite, marl, marble, slate, s hale, oil shale, and shell ;

(b) Sand and Gravel;

(c) Clay, including Kaolin, Fireclay, Bentonite, Fuller’s Earth, Ball Clay, and Common Clay;(d) Rock Salt;

(e) Gypsum;

(f) Sodium Compounds, including Sodium Carbonate, Sodium Chloride, and Sodium Sulfa te;

(g) Pumice;

(h) Gilsonite;

(i) Talc and Pyrophyllite;

(j) Boron, including Borax, Kernite, and Colemanite;

(k) Barite;

(l) Fluorspar;

(m) Feldspar;

(n) Diatomite;

(o) Perlite;

(p) Vermiculite;

(q) Mica; and

(r) Kyanite, including Andalusite, Sillimanite, Topaz, and

Dumortierite.

"Non

- Metallic Mineral Processing Plant" means any combination of equipment that is used to crush or grind any nonmetallic mineral wherever located, including lime plants, power plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility processing nonmetallic minerals, except as provided in 40 CFR § 60.670(b) and (c).

“ Non

- Road Easement” means an easement not utilized by the easement h older, or others with the permission of the e asement h older, for travel by motor v ehicle more
often than twelve (12) times within any twelve (12) month period.

"Normal Farm Cultural Practice" means all activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, ti lling, leveling, planting, fertilizing, or harvesting are included in this definition

."Nuisance" means anything that is injurious to health, offensive to the senses, or an

obstruc tion to the free use of property, so as to interfere with the reasonable o r comfortable enjoyment of life or property.

"Odor" means those qualities of matter that make it perceptible to the olfactory senses of

man

.

" Off

- Road Vehicle" means any self

- propelled conveyance specifically designed for off

road use, including

, but not limited to, off

- road or all

- terrain equipment, trucks, cars, motorcycles, motorbikes, or motor buggies

.

" Opacity" means the degree to which e missions reduce the transmission of light and obscure the view of an object in the background

.

"Open Areas And Vacant Lots" means any of the following described in paragraphs (a) through (e) below. For the purpose of these regulations, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same

individu al or entity are considered one vacant open a rea or vacant l ot

.

(a) An unsubdivided or undeveloped tract of land.

(b) A subdivided lot, which contains no approved or permitted buildings or structures of a temporary or permanent nature.

(c) An undeveloped or partially developed lot

.

(d) Non -r oad e asements

.

(e) Unpaved parts of controlled access freeway right

- of

- ways, except those portions subject to Section 93 requirements.

"Open Fire" means any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a s tack or chimney

.

“ Operation and Maintenance Plan” means a plan for an emission control system that specifies the key system operating parameters, such as temperatures, pressures, and/or flow rates, necessary to monitor the emission control system to ensure its proper operation and maintenance. The plan should include recordkeeping requirements sufficient to verify that necessary maintenance activities have been performed and key system operating parameters were monitored.

"Owner” and/or “Operator" means any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation that directly or indirectly results or may result in emissions of any air pollutant for which a national, state of Nevada, or Clark County standard is in effect. For the purposes of Sections 90 through 94, "Owner”and/or “Operator" means any person who owns, leases, operates, maintains, controls, or supervises a f ugitive dust source subject to the requirements of these regulations.

"Oxygenated Gasoline" means g asoline blended with a comp onent or components containing oxygen, generally an alcohol or ether

.

"Part 70 Operating Permit" means any permit or group of permits covering a Part 70 Source that are issued, renewed, amended, or revised pursuant to Section 12.5.

“Part 70 Source” means the following:

(a) Any source defined as a major stationary source under Sections 12.2.2 (ff) or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 1,

2010 July 20, 2011

(b) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act, but only if the Administrator has determined that the source is required to obtain a Part 70 Operating Permit; ;

(c) Any source, including an area source, subject to a standard or other requirement under Sections 112(d), (f), or (h) of the Act, but only if the Administrator has determined that the area source subject to such standards is required to obtain a Part 70 Operating Permit. A sour ce is not a Part 70 Source solely because it is subject to regulations or requirements under Section 112(r) of the Act;

(d) Solid waste incineration units, including hospital/medical/infectious waste incinerators, municipal waste incinerators, and commercial and industrial waste incinerators, that are required by Section 129(e) of the Act to obtain a Part 70 Operating Permit;

(e) Any source with an affected unit, as defined in 40 CFR Part 72, that is subject to the requirements of the Title IV Acid Rain Program und er the Act;

(f) Any source that is a non

- major municipal solid waste landfill with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters; or

(g) Any source designated by the Administrator pursuant to 40 CFR § 70.3.

" Partic ulate Matter (PM)" means any material

, except uncombined water

, that exists in a finely divided form as a liquid or solid at referenced condi tions of 25 o C and 760 mm

mercury."Pave" or “Paved” means the application and maintenance of asphalt, concrete, or other similar material on a roadway surface (e.g., asphaltic concrete, concrete pavement, or rubberized asphalt).

“Permanent” means an emission reduction which is federally enforceable for the life of a corresponding increase in emissions. For federal Emission Reduction Credits (ERCs), emission reductions for a stationary source are permanent if the reductions are federally

enforceable and the reductions occur over the duration of the ERC rule.

"Person" means the United States of America, the State of Nevada, or any individual

, group of indi viduals, partnership, firm, company, corporation, association, trust estate, political subdivision, administrative agency, public or quasi

- public corporation, or other legal entity.

“PM 2.5 ” means particulate matte r, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal two and one half (2.5) micrometers.

" PM 10 " means particulate matter, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers.

"Potential to Emit" means the maximum capacity of a stationary source to emit any regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emi t an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if

the limitation or the effect it would have on e missions is enforceable as a practical matter

. Secondary emissions do not count in determining the potential to emit of a stationary

source.

"Prime Coat" means the first of two or more coatings applied to a surface.

"Process Weight" means the total weight of all materials introduced into any specific process, which process may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and

combustion air will not. "Process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete operation thereof, excluding any time during which the equipment is idle.

“Public Road” means a road owned and/or operated by a governmental entity, who has accepted ownership of the road through a formal action of its governing board; and, who has also accepted maintenance responsibilities for the road through a separate action of its governing board or designee. All other roads are priva te

.

“Quantifiable” means an emission reduction that can be reliably and replicably measured

or determined

.“ Reasonably Available Control Technology (RACT)” means the lowest emissions limitation that a particular source is capable of meeting by the applic ation of control technology that is reasonably available, considering technological and economical feasibility. In determining RACT, the following shall be considered:

(a) Energy and environmental impacts and costs;

(b) Cost effectiveness;

(c) Control technology in use by similar sources; and

(d) Technical feasibility.

For the purposes of this definition, a control technology shall be deemed RACT if it is or meets an EPA control technology guideline limitation for the applicable source category, is a New Source Performan ce Standard, Maximum Achievable Control Technology standard, or any other federally enforceable limitation or condition relied upon as RACT in a nonattainment or maintenance plan.

RACT may be determined on a case

- by

- case or source category

- specific basis, at the option of the person performing the control technology review, and shall take into account relevant findings and determinations in EPA's RACT/BACT/LAER Clearinghouse. The determination of cost effectiveness may consider the analysis

contained in th e EPA Office of Air Quality Planning and Standards Cost Control

Manual

.

"Reclaimed Water" means waste water that, as a result of appropriate treatment, is suitable for subsequent beneficial use. Reclaimed w ater does not meet the State of

Nevada standards for potable water.

"Reconstruction" or "Reconstruct" means: (1) for the purpose of meeting the requirements of 40 CFR Part 60 (“New Source Performance Standards”), the definition at 40 CFR § 60.15, or (2) for the purpose of meeting the requirements of 40 CFR Part 63 (“National Emission Standards for Hazardous Air Pollutants”), the definition at 40 CFR § 63.2.

"Regulated Air Pollutant(s)" means the following:

(a) Any air pollutant for which a standard has been adopted pursuant to Section 109 of the Act, or any precursor to such air pollutants;

(b) Any pollutant that is subject to any standard promulgated in Section 111 of the Act;

(c) Any pollutant that is otherwise subject to regulation under the Act, except that any or all hazardous air pollutants either listed 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, are notregulated New Source Review pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act;

(d) Any pollutant that is a Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

(e) A regulated New Source Review pollutant, as defined in Section 12.2.2

.

" Renewal " means the process by which a permit is reissued at the end of its term.

“Road Easement” means an e asement utilized by the easement h older, or others with the permission of the easement h older, for travel by motor vehicle. In the case of a road

e asement

, the owner and/or operator is the easement h older

.

“Secondary Emissions” means emissions that occur as a result of the construction or operation of a major stationary source or major modi fication, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific,

well

- defined, quantifiable, and impact the same general areas as the stationary source modification that causes the secondary emi ssions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emis sions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

“Shutdown” means the cessation of operation of any air pollution control equipment or

proce ss equipment for any purpose.

" Single Coat" means a single film of coating applied directly to the material being coated omitting the prime coat applicatio n.

" Slow Curing (SC)" means a cutback asphalt generally using a low volatility fuel oil as a

solven t.

"Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, but not including flares.

"Stage I" means g asoline v apor recovery during transfer of g asoline from g asoline delivery vehicles to stationary tanks used for refueling motor v ehicles.

"Stage II" means g asoline v apor recovery during motor v ehicle refueling operations from stationary tanks

.

"State" means any nonfederal permitting authority, including any lo cal agency, interstate association, or statewide program."Stationary Source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant

.

“Surplus” means an emission reduction that has not been relied on in any air quality program related to any SIP, that is not a Nevada SIP requirement, that is not a requirement of a state air quality program that has been adopted but is not in the Nevada SIP, is not credited in any federal reasonable further progress or o ther milestone demonstration, is not a requirement of a consent decree, is not a requirement of a federal rule that focuses on reducing criteria air pollutants or their precursors, and has not already been credited in any other air quality program. The purpose of requiring that emissions offsets be surplus is to prohibit double counting of emission reductions.

" Top Coat" means the final film of coating applied to a two

- coat operation.

"Top Off" means to attempt to dispense gasoline to a motor v ehicle f uel tank after a v apor recovery dispensing nozzle has shut off automatically. The filling of those vehicle tanks

in w hich the nature and configuration of the fill pipe causes premature shutoff of the dispensing nozzle, and which are filled only after the seal between the fill pipe and the nozzle is broken, shall not be considered topping off

.

"Topsoil" means the layer of the soil that, by its humus content

, supports vegetation. It is usually the top six inches of soil but may extend deeper.

"Unpaved Parking Lot" means any area of 5,000 square feet or larger that is not p aved and that is used for parking, maneuvering, or storing motor v ehicles; material handling and storage yards; or vehicle and equipment storage yards.

"Vapor" means the gaseous phase s of a substance that

, at normal temperature and

pressures

, is a liquid or solid

.

" Vapor Control System" means a device

, or com bination of devices, into which v apors are passed before being vented into the ambient air.

"Vapor Tight" means a reading of less than 10,000 parts per million above background as

methane when measured at a distance of one centimeter from the leak source with a portable hydrocarbon detection instrument. “Background” is defined as the ambient

con centration of organic compounds determined at least three meters upwind from any equipment to be inspected and uninfluenced by any specific emissions unit.

"Volatile Organic Compound (VOCs)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions.

(a) The following organic compounds shall not be defined as VOCs because of their negligible photochemical reactivi ty:(1) methane; (2) ethane; (3) methylene chloride (dichloromethane); (4) 1,1,1

- trichloroethane (methyl chloroform); (5) 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113); (6) trichlorofluoromethane (CFC

- 11); (7) dichlorodifluoromethane (CFC

- 12); (8) chlorodifluoromethane (HCFC

- 22); (9) trifluoromethane (HFC

- 23); (10) 1,2

- dichloro 1,1,2,2

- tetrafluoroethane (CFC

- 114); (11) chloropentafluoroethane (CFC

- 115); (12) 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123); (13) 1,1,1,2

- tetrafluoroethane (HFC - 134a); (14) 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b); (15) 1- chloro 1,1

- difluoroethane (HCFC

- 142b); (16) 2- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124); (17) pentafluoroethane (HFC

- 125); (18) 1,1,2,2

- tetrafluoroethane (HFC

- 134); (19) 1,1,1 - trifluoroethane (HFC

- 143a); (20) 1,1

- difluoroethane (HFC

- 152a); (21) parachlorobenzotrifluoride (PCBTF); (22) cyclic, branched, or linear completely methylated siloxanes; (23) acetone; (24) perchloroethylene (tetrachloroethylene); (25) 3 ,3 - dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

- 225ca); (26) 1,3

- dichloro

- 1,1,2,2,3 - pentafluoropropane (HCFC

- 225cb); (27) 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee); (28) difluoromethane (HFC

- 32); (29) ethylfluoride (HFC

- 161); (30) 1,1,1,3,3,3 - hexafluoropropane (HFC

- 236fa); (31) 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca); (32) 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea); (33) 1,1,1,2,3

- pentafluoropropane (HFC - 245eb); (34) 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa); (35) 1,1,1,2,3,3 - hexafluorop ropane (HFC

- 236ea); (36) 1,1,1,3,3

- pentafluorobutane (HFC

- 365mfc); (37) chlorofluoromethane (HCFC

- 31); (38) 1 chloro -1- fluoroethane (HCFC

- 151a); (39) 1,2 - dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a); (40) 1,1,1,2,2,3,3,4,4

- nonafluoro -4- methoxy

- butane (C 4 F 9 OCH 3 or HFE

7100); (41) 2- (difluoromethoxymethyl)

- 1 ,1,1,2,3,3,3 - heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); (42) 1- ethoxy

- 1,1,2,2,3,3,4,4,4 - nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

7200) ;(43) 2- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3 - heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); (44) Methyl acetate, 1,1,1,2,2,3,3

- heptafluoro -3- methoxy

- propane (n

C 3 F 7 OCH 3 , HFE

- 7000), 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro -2- (trifluoromethy l) hexane (HFE

- 7500), 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea), methyl formate (HCO OCH[3]), (1) 1,1,1,2,2,3,4,5,5,5

- decafluoro -3- methoxy -4- trifluoromethyl

pentane (HFE

- 7300), and perfluorocarbon compounds which fall

into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes; (ii) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (45) Tertiary butyl acetate (C 6 H 12 O 2 ).

(b) A VOC that is also a hazardous air pollutant listed pursuant to Section 112 of the Act shall be subject to the more stringent requirements applicable under either category of pollutant.

History: Amended: July 9, 1987; November 17, 1988; January 25, 1990; May 27, 1993; November 18, 1993; August 25, 1994; June 1995; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; April 24, 1997; January 22, 1998; April 23, 1998; June 22, 2000; November 16, 2000; May 24, 2001;November 20, 2001; December 4, 2001; June 3, 2003 ; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010 ; November 16, 2010

.

# SECTION 0 : CLEAN COPYSECTION 0: DEFINITIONS

In these Air Quality Regulations (AQRs), incorporated into the Clark County Code at Section 9.08.130, unless the context otherwise requires:

" Act " means the Clean Air Act (CAA) , as amended, 42 U.S.C. 7401, et seq.

"Actual Emissions" means the actual rate of emissions of a regulated air pollutant from

an emissions unit, as determined in accordance with this definition:

(a) In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the emissions unit actually emitted the regulated air pollutant 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 different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

(b) If there is inadequate information to determine actual historical emissions, the Control Officer may presume that source

- specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

(c) For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit

on that date.

"Administrator" means the Administrator of the United States Environmental Protection Agency (EPA) or the Administrator's designee.

" Affected Source " means a source that includes one or more affected units that are subject to the acid rain requirements under Title IV of the Act or subject to a sta ndard or other requirement under Sections 112(d), (f) or (h) of the Act.

"Affected State(s)" means all States whose air quality may be affected that are located contiguous to or within fifty (50 ) miles of Clark County, Nevada, including Arizona,

Californi a, and Utah. Any Indian tribe located in Clark County or within fifty (50) miles of the permitted source shall be considered an Affected State.

"Affected Unit" means a unit that is subject to any requirement under Title IV of the Act

.

"Agricultural Operations" means the growing of crops for profit or the growing of crops for the purpose of providing life support to a consider able number of people, animals, or fowl.“Air Contaminants” means any solid, liquid, or gaseous matter, any odor, or any form of energy that is capable of being released into the atmosphere from an emission source.

"Airplane Refueling Area" means a place capable of receiving, storing and dispensing one or more types of gasoline or petroleum distillate for consumptio n by airplan es.

"Air Pollution " means the presence in the outdoor atmosphere of one or more air pollutants or any combination thereof in such quantity and duration as may tend to:

(a) Injure human health or welfare, animal or plant life, or property;

(b) Limit visi bility or interfere with scenic, aesthetic and historic values of the State; or

(c) Interfere with the enjoyment of life or property.

"Air Quality Area" means the airshed regions within Clark County, Nevada

, designated as

a serious Nonattainment Area, m oderate Nonattainment Area, or Prevention of Significant Deterioration (PSD) Area. The following table lists the air quality areas for each criteria air pollutant by air quality planning region :

Air Quality Areas for each Criteria Air Pollutant by Air Quality Planning Region

PM 10 CO VOC NO

x SO 2 and Pb

Serious

Nonattainment Area LV LV

Moderate

Nonattainment Area

Prevention of Significant Deterioration (PSD)

Area IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA 1 IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB,

GA SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, T V, CW, MR, MW, CS, LM, VV, BA, GB,

GA LV, EV, IV, SI, JL, SH, GV, NH, PV, CV, MS, PR, ST, FF, IS, NT, TV, CW, MR, MW, CS, LM, VV, BA, GB, GA

1 See “Airshed Regions within Clark County, Nevada” table on p. 3 for region abbreviations.

“Air Quality Planning Region” means an area within Clark County, Nevada, consisting of one hydrographic area, as listed in the definition of airshed region, which is used for air quality planning purposes." Airshed Region" or “Airshed” means an area within Clark County, Nevada

, consisting of one hydrographic area as listed in the following table:

A IRSHED R EGIONS within Clark County, Nevada

A IR Q UALITY P LANNING R EGION A IRSHED R EGION A IR Q UALITY P LANNING
R EGION Abbreviation

Las Vegas Valley H YDROGRAPHIC A REA 212 LV Eldorado Valley H YDROGRAPHIC A REA 167 EV North Ivanpah Valley H YDROGRAPHIC A REA 164A IV South Ivanpah Valley H YDROGRAPHIC A REA 164B SI Jean Lake Valley H YDROGRAPHIC A REA 165 JL South Hidden Valley H YDROGRAPHIC A REA 166 SH Garnet Valley H YDROGRAPHIC A REA 216 GV North Hidden Valley H YDROGRAPHIC A REA 217 NH Paiute Valley H YDROGRAPHIC A REA 214 PV Colorado River Valley H YDROGRAPHIC A REA 213 CV Mesquite Valley H YDROGRAPHIC A REA 163 MS Pahrump Valley H YDROGRAPHIC A REA 162 PR

South Three Lakes Valley H YDROGRAPHIC A REA 211 ST

Frenchman Flat H YDROGRAPHIC A REA 160 FF Indian Springs Valley H YDROGRAPHIC A REA 161 IS North Three Lakes Valley H YDROGRAPHIC A REA 168 NT Tikapoo Valley H YDROGRAPHIC A REA 169B TV

California Wash H YDROGRAPHIC A REA 218 CW Muddy River Springs Area H YDROGRAPHIC A REA 219 MR Lower Meadow Valley Wash H YDROGRAPHIC A REA 205 MW Coyote Springs Valley H YDROGRAPHIC A REA 210 CS Lower Moapa Valley H YDROGRAPHIC A REA 220 LM Virgin River Valley H YDROGRAPHIC A REA 222 VV

Black Mountains Area H YDROGRAPHIC A REA 215 BA

Gold Butte Area H YDROGRAPHIC A REA 223 GB

Greasewood Area H YDROGRAPHIC A REA 224 GA

If a hydrographic area extends beyond the boundary of Clark County and the State of

Nevada , only the portion that is within the boundary of Nevada is included in the definition of airshed region.

"Allowable Emissions" means the Emissions rate of a Stationary Source calculated using the maximum rated capacity of the source (unless the source is subject to practically enforceable limits which restrict the operating rate, hours of operation, or both) and the most stringent of the following:(a) Any applicable standards as set forth in these AQRs or 40 CFR Parts 60, 61 or 63;

(b) Any applicable N evada State Implementation Plan (SIP) emission limitation, including those with a future compliance date; or

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

"Apex Valley" means the geographical area that coincides with the boundary of Hydrographic Area 216 (also known as Garnet Valley) as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map

is contained in the definition of Hydrographic Areas.

"Applicable Requirement" means any of the following requirements as they apply to an emissions unit covered by a permit issued pursuant to Section 12 of the AQRs:

(a) Any standard or requirement included in the Nevada SIP approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR Part 52;

(b) Any term or condition of any permit issued pursuant to Section 12 of the AQRs;

(c) Any requirement under Section 111 (“New Source Performance Standards”) of the Act;

(d) Any requirement under Section 112 (“Hazardous Air Pollutants”) of the Act;

(e) Any standard or other requirement of the Acid Rain Program under Title IV

of the Act or the regulations promulgated thereunder;

(f) Any requirements established pursuant to Section 504(b) or Section 114(a)(3) (“Monitoring, Analysis and Compliance”) of the Act;

(g) Any requirement relating to solid waste incineration under Section 129 (“Solid W aste Combustion”) of the Act;

(h) Any requirement for consumer or commercial products under Section 183(e) (“Ozone”) of the Act;

(i) Any requirement for tank vessels under Section 183(f) (“Tank Vessel Standards”) of the Act;(j) Any standard or requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the EPA determines that any such requirement need not be contained in a Part 70 Permit;

(k) Any national ambient air quality standard or increment or visibility requirement un der Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) (“Temporary Sources”) of the Act;

(l) Any requirement necessary to comply with the prohibition in Sections 126(a)(1) and 126(c) (“Interstate Pollution Abatement”) of the Act; and

(m) Any requirement under the AQRs, e.g., “Emission of Visible Air Contaminants,” “Odors in the Ambient Air,” and “Prohibitions of Nuisance

Conditions.”

"Application Area " means the area where surface coating is applied by spraying, dipping or
flow

- coating techniques.

“Authority to Construct Permit” or “Part 70 Authority to Construct Permit” means a permit issued to a Part 70 source by the Control Officer pursuant to Section 12.4.3 of
the AQRs that:

(a) Authorizes the construction and an initial period of operation of a new Part 70 source, or the modification or reconstruction of an existing Part 70 source; and

(b) Includes the conditions which apply to the construction and an initial period of operation of a new Part 70 so urce, or the modification or reconstruction of an existing Part 70 source.

"Best Ma nagement Practices" means dust c ontrol m easures that are based on each project soil type, project activity, and phasing as required by the applicable standards of

Sections 9 1 through 94 of these AQRs. These practices shall be included in each Dust Control Permit and Dust Mitigation Plan and are established to meet the goal of reduc ing particulate emissions from c onstruction sites. Additionally, some practices are designed to address the economic and environmental purposes of reducing the amount of water to be

used for dust control.

"British Thermal Unit " or “BTU” means that quantity of heat required to raise the temperature of one pound of water 1 degree F.

“Building, stru cture, facility, or installation” means all of the pollutant

- emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under

commo n control) except the activities of any vessel. Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same ‘‘MajorGroup’’ (which have the same first two digit code) as described in the Standard

Ind ustrial Classification Manual , 1972, as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101

– 0066 and 003

– 005

– 00176

– 0, respectively) or the North American Industry Classification System, as published in

2002.

"Building Vent " means an opening of a building through which there is mechanically induced air flow for the purpose of exhausting e missions

.

"Chemical Process" means a manufacturing opera tion in which one or more changes in chemical composition, chemical properties, or physical properties are involved.

"Clearing and Grubbing" means the removal of tree stumps, shrubs, trash, and dirt piles

before excavation of a site

.

"Combined Tank Capacity" means all g asoline storage tanks at the gasoline s tation.

"Combustible Re fuse" means any waste material that can be consumed by combustion

.

" Commence" or “Commencement” as applied to construction of a stationary source or modification means that the owner or operator has all necessary preconstruction approvals or permits and has:

(a) Begun, or caused to begin, a continuous program of actual on

- site

c onstruction of the source, to be completed within a reasonable time or

(b) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual c onstruction of the source to be completed

within a reasonable time.

“Commence Operation” or "Commencing Operation" means to have begun any mechanical, chemical, or electronic process, including, with regard to a unit, start

- up of a unit’s combustion chamber that changes the location, form, physical properties, or

chemical character of a material.

" Commercial and Residential Construction" means c onstruction of structures intended to be utilized solely as personal dwellings, including but not limited to single family homes, duplexes, fourplexes, apartments, condominiums, and town houses; c onstruction of institutional structures, schools, libraries, churches, hospitals, parks, office structures; shopping malls; residential streets within a subdivision; improvements to existing curbed paved roads; parking lots, parking lot structures; and c onstruction of underground utilities for sanitary sewer, water, electricity, natural g as and communication.

“Complete” means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application. Designating anapplication complete for purposes of permit processing does not preclude the reviewing authority from requesting or accepting any additional information.

"Constructi on" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or m odification of an e mission s

u nit), that would result in a change in e missions

.

"Construction Activity" m eans the following a ctivities: c ommerc ial and residential construction, f lood c ontrol construction, and highway c onstruction as defined in Section 0.

" Control Measure" means a technique, practice, or procedure used to prevent or minimize the generation, e mission, entrainment, suspension, and /or airborne transport of fugitive

d ust

.

"Control Officer" means the Air Pollution Control Officer appointed by the County Manager, the Control Officer’s designee or individual staff members who have been delegated the

authorit y by the Control Officer or his /her designee to perform specific Control Officer

functions.

“Date of Submittal” means the date a document is postmarked, if the document is delivered by the U.S. Postal Service. If the document is hand delivered by the doc ument owner, his/her representative or a commercial carrier, the date of submittal is the date the document is date stamped by the department.

“Designated Trail” means any trail designated by a public agency for use by equestrians, hikers, bicycles, or ot her non motorized forms of travel.

"Dispatchable Peak Shaving" means a program by which peak s having operations will be scheduled and controlled by the serving public utility to those times essential to maintain a reliable, area

- wide, supply source of elec trical energy

.

"Disturbed Surface Area" means a portion of the earth's surface (or material placed thereupon) which is being moved, uncovered, destabilized, or otherwise modified from its undisturbed native condition, thereby increasing the potential for the e mission of fugitive

d ust

.

"Dust Palliative" means hygroscopic material, non

- toxic chemical stabilizer or other dust

p alliative material that is not prohibited for ground surface application by the EPA or the Nevada Division of Environmental Protection (NDEP) or by any applicable law or regulation, as a treatment material for reducing fugitive d ust e missions. Water, solutions of water and chemical surfactants, and foam are not d ust p alliatives for the

p urpose of these r egulations

.

"Dust Suppressant" means water, solution of water and chemical surfactants, foam, or any other dust p alliative which is not prohibited for ground surface application by theEPA or NDEP or by any applicable law or regulation, as a treatment material for

red ucing fugitive d ust e missions

.

"Electric Utility Steam Generating Unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one third (1/3) of its potential electric output capacity and more than twenty

- five (25) MW of electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

"Eldorado Valley" means the geographical area that coincides with the boundary of the Hydrographic Area 167 as reported in the Hydrographic Areas Map, prepared by the

Div ision of Water Resources, Rev. 9/71. An approximate map is contained in the definition

of h ydrographic a reas

.

"Emergency" means a situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including Acts of God.

"Emission(s)" or "Emit(s)" means the release or the passing into the ambient air of a regulated air pollutant.

“Emission Limit” or “Emission Limitation” means a requirement established by the Control Officer or the Administrator that limits the quantity , rate, or concentration of emission of air pollutants on a continuous basis, including any requirement relating to the operation or maintenance of a source to assure continuous emission reduction, and any design, equipment, work practice or operational standard promulgated under these regulations or

the Act.

“Emission s Unit" means any part or activity of a stationary s ource that e mits or has the potential to e mit any regulated air p ollutant

.

"EPA" means the United States Environmental Protection Agency.

"Ethanol" means an alcohol with the chemical formula CH 3 CH 2 OH.

"Excess Emissions" means emissions in excess of an emission limitation.

"Existing Emissions Unit" means, unless otherwise specified in these regulations, an

emissions unit that has either been authorized to commence construction or modification or has commenced construction or modification prior to the effective date of rule.

"Existing Stationary Source" means, unless otherwise specified in these regulations, any stationary source that has either been authorized to commence construction or
modification or has commenced construction or modification prior to the effective date of

rule

.“ Federal Land Manager ” means, with respect to any lands in the United States, the Secretary of the department with authority over such lands

.

"Federally Enforceable" means all limitations and conditions which are enforceable by

the Administrator.

"Flood Control Construction" means c onstruction of flood detention basins, flood diversion channels, box culverts, and excavations intended to capture or retain water.

"Fuel" means material which is capable of releasing energy or power by combustion or other chemical or physical reaction.

"Fuel Burning Equipment" means any device used for the burning of fuel for the primary purpose of producing heat or power by indirect heat transfer in which the products of combustion do not come into direct contact with any other materials

.

"Fuel Oil" means a liquid fuel derived from crude oil or petroleum, including distillate oil

, residual oil, and used oil.

"Fugitive Dust" means particulate matter, that is not collected by a capture system, is

entrained in the a mbient a ir and is caused from human and/or natural activities, such

as

, but not limited to, movement of soil, vehicles, equipment, blasting, and wind. For the purpose of these regulations, fugitive d ust does not include particulate m atter emitted directly from the exhaust of motor vehicles and other internal combustion engines, from portable brazing, soldering, or welding equipment, and from pile drivers, and does not include emissions from process and combustion sources that are subject

to other sections of these r egulations.

"Fugitive Emissions " means those e missions which could not reasonably pass through a

s tack, chim ney, vent, or other functionally equivalent opening.

"Gasoline" means any petroleum distillate having a Reid Vapor Pressure (RVP) of four 4 pounds per square inch or greater

.

"Gasoline Dispensing Operation ” means a facility, except bulk distribution ter minal, that is capable of receiving, storing, and dispensing to a motor v ehicle one or more grades of

g asoline.

“Good Engineering Practice (GEP) Stack Height” means a stack height meeting the requirements described in Subsection 12.2.7.3 of the AQRs.

“Ha zardous Air Pollutant" or “HAP” means any air pollutant listed in or pursuant to Section 112(b) of the Act

."Highway Construction" means c onstruction of roadway systems including arterials, expressways, interstates, tunnels, overpasses, bridges, interchanges and airport runway improvements, but not residential streets within a subdivision.

"Hydrographic Basin Areas" or “Hydrographic Areas” means the areas within Clark County, Nevada as defined in the State of Nevada Hydrographic Areas Map , prepared by the Division of Water Resources, Rev. 9/71. A hydrographic area may extend into adjacent county(s), but the hydrographic area will terminate at the state boundary. T he following map

, provided for quick reference, represents the hydrographic areas and air quality planning regions within the Clark County boundary and exclude s only the portion of the hydrographic area that is outside of the Nevada boundary:One Inch = 15 miles"Incinerator" means any furnace used in the process of burning waste for the primary purpose of reducing the volume of the waste by removing combustible matter.

"Insignificant Activities and Emissions" means those activities that meet the criteria set

forth in subsection 12.5.2.5.

"Ivanpah Valley" means the geogr aphical area that coincides with the boundary of the Hydrographic Area 164A (also known as North Ivanpah Valley) as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map is contained in the defi nition of h ydrographic a reas.

" Las Vegas Valley" means that geographical area that coincides with the boundary of the Hydro graphic Area 212 as reported in the Hydrographic Areas Map, prepared by the Division of Water Resources, Rev. 9/71. An approximate map is contained in the
definition of h ydrographic a reas.

"Leak Free" means a liquid leak of less than three (3) drops per minute

.

"Methyl Tertiary Butyl Ether (MTBE)” means an ether with the chemical formula (CH 3 ) 3 C(

- OCH 3 ).

"Motocross Race Course" means a closed loop course established on improved or unimproved property upon which the actual track may be dirt, gravel, pavements or other surface encompassing an area of less than fifty (50) acres.

"Motor Vehicle" means every device in, upon

, or by which any p erson or property is, or may be, transported or drawn upon a road or highway, except devices moved by human power or used exclusively upon stationary rails

.

" Natural Cover " means any vegetation that exists on the property.

“Nonattainment Area" means any geographic region of the United States that has been designated as “nonattainment” under Section 107 of the Act for any pollutant for which a National Ambient Air Quality Standard exists.

"Non

- metallic Mineral" means any of the following minerals or any mixture that contains more than fifty percent (50%) by weight any of the following minerals :

(a) Crushed and broken stone, including limestone, dolomite, granite, traprock, sandstone, quartz, quartzite, marl, marble, slate, s hale, oil shale, and shell ;

(b) Sand and Gravel;

(c) Clay, including Kaolin, Fireclay, Bentonite, Fuller’s Earth, Ball Clay, and Common Clay;(d) Rock Salt;

(e) Gypsum;

(f) Sodium Compounds, including Sodium Carbonate, Sodium Chloride, and Sodium Sulfa te;

(g) Pumice;

(h) Gilsonite;

(i) Talc and Pyrophyllite;

(j) Boron, including Borax, Kernite, and Colemanite;

(k) Barite;

(l) Fluorspar;

(m) Feldspar;

(n) Diatomite;

(o) Perlite;

(p) Vermiculite;

(q) Mica; and

(r) Kyanite, including Andalusite, Sillimanite, Topaz, and

Dumortierite.

"Non

- Metallic Mineral Processing Plant" means any combination of equipment that is used to crush or grind any nonmetallic mineral wherever located, including lime plants, power plants, steel mills, asphalt concrete plants, portland cement plants, or any other facility processing nonmetallic minerals, except as provided in 40 CFR § 60.670(b) and (c).

“ Non

- Road Easement” means an easement not utilized by the easement h older, or others with the permission of the e asement h older, for travel by motor v ehicle more
often than twelve (12) times within any twelve (12) month period.

"Normal Farm Cultural Practice" means all activities by the owner, lessee, agent, independent contractor, and/or supplier conducted on any facility for the production of crops and/or nursery plants. Disturbances of the field surface caused by turning under stalks, ti lling, leveling, planting, fertilizing, or harvesting are included in this definition

."Nuisance" means anything that is injurious to health, offensive to the senses, or an

obstruc tion to the free use of property, so as to interfere with the reasonable o r comfortable enjoyment of life or property.

"Odor" means those qualities of matter that make it perceptible to the olfactory senses of

man

.

" Off

- Road Vehicle" means any self

- propelled conveyance specifically designed for off

road use, including

, but not limited to, off

- road or all

- terrain equipment, trucks, cars, motorcycles, motorbikes, or motor buggies

.

" Opacity" means the degree to which e missions reduce the transmission of light and obscure the view of an object in the background

.

"Open Areas And Vacant Lots" means any of the following described in paragraphs (a) through (e) below. For the purpose of these regulations, vacant portions of residential or commercial lots that are immediately adjacent and owned and/or operated by the same

individu al or entity are considered one vacant open a rea or vacant l ot

.

(a) An unsubdivided or undeveloped tract of land.

(b) A subdivided lot, which contains no approved or permitted buildings or structures of a temporary or permanent nature.

(c) An undeveloped or partially developed lot

.

(d) Non -r oad e asements

.

(e) Unpaved parts of controlled access freeway right

- of

- ways, except those portions subject to Section 93 requirements.

"Open Fire" means any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a s tack or chimney

.

“ Operation and Maintenance Plan” means a plan for an emission control system that specifies the key system operating parameters, such as temperatures, pressures, and/or flow rates, necessary to monitor the emission control system to ensure its proper operation and maintenance. The plan should include recordkeeping requirements sufficient to verify that necessary maintenance activities have been performed and key system operating parameters were monitored.

"Owner” and/or “Operator" means any person who owns, leases, operates, controls, or supervises a facility, building, structure, or installation that directly or indirectly results or may result in emissions of any air pollutant for which a national, state of Nevada, or Clark County standard is in effect. For the purposes of Sections 90 through 94, "Owner”and/or “Operator" means any person who owns, leases, operates, maintains, controls, or supervises a f ugitive dust source subject to the requirements of these regulations.

"Oxygenated Gasoline" means g asoline blended with a comp onent or components containing oxygen, generally an alcohol or ether

.

"Part 70 Operating Permit" means any permit or group of permits covering a Part 70 Source that are issued, renewed, amended, or revised pursuant to Section 12.5.

“Part 70 Source” means the following:

(a) Any source defined as a major stationary source under Sections 12.2.2 (ff) or 12.3.2(y), or as a major source under 40 CFR § 70.2 as of July 20,

2011 ;

(b) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 of the Act, but only if the Administrator has determined that the source is required to obtain a Part 70 Operating Permit;

(c) Any source, including an area source, subject to a standard or other requirement under Sections 112(d), (f), or (h) of the Act, but only if the Administrator has determined that the area source subject to such standards is required to obtain a Part 70 Operating Permit. A sour ce is not a Part 70 Source solely because it is subject to regulations or requirements under Section 112(r) of the Act;

(d) Solid waste incineration units, including hospital/medical/infectious waste incinerators, municipal waste incinerators, and commercial and industrial waste incinerators, that are required by Section 129(e) of the Act to obtain a Part 70 Operating Permit;

(e) Any source with an affected unit, as defined in 40 CFR Part 72, that is subject to the requirements of the Title IV Acid Rain Program und er the Act;

(f) Any source that is a non

- major municipal solid waste landfill with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters; or

(g) Any source designated by the Administrator pursuant to 40 CFR § 70.3.

" Partic ulate Matter (PM)" means any material

, except uncombined water

, that exists in a finely divided form as a liquid or solid at referenced condi tions of 25 o C and 760 mm

mercury."Pave" or “Paved” means the application and maintenance of asphalt, concrete, or other similar material on a roadway surface (e.g., asphaltic concrete, concrete pavement, or rubberized asphalt).

“Permanent” means an emission reduction which is federally enforceable for the life of a corresponding increase in emissions. For federal Emission Reduction Credits (ERCs), emission reductions for a stationary source are permanent if the reductions are federally

enforceable and the reductions occur over the duration of the ERC rule.

"Person" means the United States of America, the State of Nevada, or any individual

, group of indi viduals, partnership, firm, company, corporation, association, trust estate, political subdivision, administrative agency, public or quasi

- public corporation, or other legal entity.

“PM 2.5 ” means particulate matte r, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal two and one half (2.5) micrometers.

" PM 10 " means particulate matter, both filterable and condensable, with an aerodynamic diameter less than or equal to a nominal ten (10) micrometers.

"Potential to Emit" means the maximum capacity of a stationary source to emit any regulated air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emi t an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if

the limitation or the effect it would have on e missions is enforceable as a practical matter

. Secondary emissions do not count in determining the potential to emit of a stationary

source.

"Prime Coat" means the first of two or more coatings applied to a surface.

"Process Weight" means the total weight of all materials introduced into any specific process, which process may cause any discharge into the atmosphere. Solid fuels charged will be considered as part of the process weight, but liquid and gaseous fuels and

combustion air will not. "Process weight per hour" will be derived by dividing the total process weight by the number of hours in one complete operation thereof, excluding any time during which the equipment is idle.

“Public Road” means a road owned and/or operated by a governmental entity, who has accepted ownership of the road through a formal action of its governing board; and, who has also accepted maintenance responsibilities for the road through a separate action of its governing board or designee. All other roads are priva te

.

“Quantifiable” means an emission reduction that can be reliably and replicably measured

or determined

.“ Reasonably Available Control Technology (RACT)” means the lowest emissions limitation that a particular source is capable of meeting by the applic ation of control technology that is reasonably available, considering technological and economical feasibility. In determining RACT, the following shall be considered:

(a) Energy and environmental impacts and costs;

(b) Cost effectiveness;

(c) Control technology in use by similar sources; and

(d) Technical feasibility.

For the purposes of this definition, a control technology shall be deemed RACT if it is or meets an EPA control technology guideline limitation for the applicable source category, is a New Source Performan ce Standard, Maximum Achievable Control Technology standard, or any other federally enforceable limitation or condition relied upon as RACT in a nonattainment or maintenance plan.

RACT may be determined on a case

- by

- case or source category

- specific basis, at the option of the person performing the control technology review, and shall take into account relevant findings and determinations in EPA's RACT/BACT/LAER Clearinghouse. The determination of cost effectiveness may consider the analysis

contained in th e EPA Office of Air Quality Planning and Standards Cost Control

Manual

.

"Reclaimed Water" means waste water that, as a result of appropriate treatment, is suitable for subsequent beneficial use. Reclaimed w ater does not meet the State of

Nevada standards for potable water.

"Reconstruction" or "Reconstruct" means: (1) for the purpose of meeting the requirements of 40 CFR Part 60 (“New Source Performance Standards”), the definition at 40 CFR § 60.15, or (2) for the purpose of meeting the requirements of 40 CFR Part 63 (“National Emission Standards for Hazardous Air Pollutants”), the definition at 40 CFR § 63.2.

"Regulated Air Pollutant(s)" means the following:

(a) Any air pollutant for which a standard has been adopted pursuant to Section 109 of the Act, or any precursor to such air pollutants;

(b) Any pollutant that is subject to any standard promulgated in Section 111 of the Act;

(c) Any pollutant that is otherwise subject to regulation under the Act, except that any or all hazardous air pollutants either listed 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, are notregulated New Source Review pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act;

(d) Any pollutant that is a Class I or II substance subject to a standard promulgated under or established by Title VI of the Act; or

(e) A regulated New Source Review pollutant, as defined in Section 12.2.2

.

" Renewal " means the process by which a permit is reissued at the end of its term.

“Road Easement” means an e asement utilized by the easement h older, or others with the permission of the easement h older, for travel by motor vehicle. In the case of a road

e asement

, the owner and/or operator is the easement h older

.

“Secondary Emissions” means emissions that occur as a result of the construction or operation of a major stationary source or major modi fication, but do not come from the major stationary source or major modification itself. Secondary emissions must be specific,

well

- defined, quantifiable, and impact the same general areas as the stationary source modification that causes the secondary emi ssions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emis sions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

“Shutdown” means the cessation of operation of any air pollution control equipment or

proce ss equipment for any purpose.

" Single Coat" means a single film of coating applied directly to the material being coated omitting the prime coat applicatio n.

" Slow Curing (SC)" means a cutback asphalt generally using a low volatility fuel oil as a

solven t.

"Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct, but not including flares.

"Stage I" means g asoline v apor recovery during transfer of g asoline from g asoline delivery vehicles to stationary tanks used for refueling motor v ehicles.

"Stage II" means g asoline v apor recovery during motor v ehicle refueling operations from stationary tanks

.

"State" means any nonfederal permitting authority, including any lo cal agency, interstate association, or statewide program."Stationary Source" means any building, structure, facility, or installation that emits or may emit any regulated air pollutant

.

“Surplus” means an emission reduction that has not been relied on in any air quality program related to any SIP, that is not a Nevada SIP requirement, that is not a requirement of a state air quality program that has been adopted but is not in the Nevada SIP, is not credited in any federal reasonable further progress or o ther milestone demonstration, is not a requirement of a consent decree, is not a requirement of a federal rule that focuses on reducing criteria air pollutants or their precursors, and has not already been credited in any other air quality program. The purpose of requiring that emissions offsets be surplus is to prohibit double counting of emission reductions.

" Top Coat" means the final film of coating applied to a two

- coat operation.

"Top Off" means to attempt to dispense gasoline to a motor v ehicle f uel tank after a v apor recovery dispensing nozzle has shut off automatically. The filling of those vehicle tanks

in w hich the nature and configuration of the fill pipe causes premature shutoff of the dispensing nozzle, and which are filled only after the seal between the fill pipe and the nozzle is broken, shall not be considered topping off

.

"Topsoil" means the layer of the soil that, by its humus content

, supports vegetation. It is usually the top six inches of soil but may extend deeper.

"Unpaved Parking Lot" means any area of 5,000 square feet or larger that is not p aved and that is used for parking, maneuvering, or storing motor v ehicles; material handling and storage yards; or vehicle and equipment storage yards.

"Vapor" means the gaseous phase s of a substance that

, at normal temperature and

pressures

, is a liquid or solid

.

" Vapor Control System" means a device

, or com bination of devices, into which v apors are passed before being vented into the ambient air.

"Vapor Tight" means a reading of less than 10,000 parts per million above background as

methane when measured at a distance of one centimeter from the leak source with a portable hydrocarbon detection instrument. “Background” is defined as the ambient concentration of organic compounds d etermined at least three meters upwind from any equipment to be inspected and uninfluenced by any specific emissions unit.

"Volatile Organic Compound (VOCs)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions.

(a) The following organic compounds shall not be defined as VOCs because of their negligible photochemical reactivity:(1) methane; (2) ethane; ( 3) methylene chloride (dichloromethane); (4) 1,1,1

- trichloroethane (methyl chloroform); (5) 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113); (6) trichlorofluoromethane (CFC

- 11); (7) dichlorodifluoromethane (CFC

- 12); (8) chlorodifluoromethane (HCFC

- 22); (9) trifluoromethane (HFC

- 23); (10) 1,2

- dichloro 1,1,2,2

- tetrafluoroethane (CFC

- 114); (11) chloropentafluoroethane (CFC

- 115); (12) 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123); (13) 1,1,1,2

- tetrafluoroethane (HFC - 134a); (14) 1,1

- dichloro 1- fluoroethane (HCFC

- 141b); (15) 1- chloro 1,1

- difluoroethane (HCFC

- 142b); (16) 2- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124); (17) pentafluoroethane (HFC

- 125); (18) 1,1,2,2

- tetrafluoroethane (HFC

- 134); (19) 1,1,1 - trifluoroethane (HFC

- 143a); (20) 1,1

- difluoroethane (HFC

- 152a); (21) parachlorobenzotrifluoride (PCBTF); (22) cyclic, branched, or linear completely methylated siloxanes; (23) acetone; (24) perchloroethylene (tetrachloroethylene); (25) 3,3 - dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

- 225 ca); (26) 1,3

- dichloro

- 1,1,2,2,3 - pentafluoropropane (HCFC

- 225cb); (27) 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee); (28) difluoromethane (HFC

- 32); (29) ethylfluoride (HFC

- 161); (30) 1,1,1,3,3,3 - hexafluoropropane (HFC

- 236fa); (31) 1,1,2,2,3

- pe ntafluoropropane (HFC

- 245ca); (32) 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea); (33) 1,1,1,2,3

- pentafluoropropane (HFC - 245eb); (34) 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa); (35) 1,1,1,2,3,3 - hexafluoropropane (HFC

- 236ea); (36) 1,1,1,3,3

- pentafluorobuta ne (HFC

- 365mfc); (37) chlorofluoromethane (HCFC

- 31); (38) 1 chloro -1- fluoroethane (HCFC

- 151a); (39) 1,2 - dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a); (40) 1,1,1,2,2,3,3,4,4

- nonafluoro -4- methoxy

- butane (C 4 F 9 OCH 3 or HFE

7100); (41) 2- (difluoromethoxymethyl)

- 1 ,1,1,2,3,3,3 - heptafluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); (42) 1- ethoxy

- 1,1,2,2,3,3,4,4,4 - nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

7200) ;(43) 2- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3 - heptafluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 ); (44) Methyl acetate, 1,1,1,2,2,3,3

- heptafluoro -3- methoxy

- propane (n

C 3 F 7 OCH 3 , HFE

- 7000), 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro -2- (trifluoromethy l) hexane (HFE

- 7500), 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea), methyl formate (HCOOCH[3]), (1) 1,1,1,2,2,3,4,5, 5,5

- decafluoro -3- methoxy -4- trifluoromethyl

pentane (HFE

- 7300), and perfluorocarbon compounds which fall

into these classes:

(i) Cyclic, branched, or linear, completely fluorinated alkanes; (ii) Cyclic, branched, or linear, completely fluorinated ethers with

no unsa turations; (iii) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (iv) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. (45) Tertiary butyl acetate (C 6 H 12 O 2 ).

(b) A VOC that is also a hazardous air pollutant listed pursuant to Section 112 of the Act shall be subject to the more stringent requirements applicable under either category of pollutant.

History: Amended: July 9, 1987; November 17, 1988; January 25, 199 0; May 27, 1993; November 18, 1993; August 25, 1994; June 1995; May 23, 1996; September 26, 1996; December 19, 1996; January 23, 1997; April 24, 1997; January 22, 1998; April 23, 1998; June 22, 2000; November 16, 2000; May 24, 2001;November 20, 2001;

Decem ber 4, 2001; June 3, 2003 ; July 1, 2004; October 7, 2004; November 3, 2009; May 18, 2010 ; November 16, 2010

.

# SECTION 12.2 : STRIKEOUT/UNDERLINESECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT
AREAS (PREVENTION OF SIGNIFICANT DETERIORATION)

12.2 Prevention of Significant Deterioration in Attainment Areas

................................ . 1

12.2.1 Applicability Procedures

....................................................................... 1

12.2.1.1 Preconstruction Review Requirements

........................... 1

12.2.1.2 Construction of Major Stationary Sources or

Modifications

................................................................... 1

12.2.1.3 Authority to Construct Permit Requirement

..................... 1

12.2.1.4 Projec ts

........................................................................... 1

12.2.1.5 Major Sources with Plantwide Applicability Limitations

... 2

12.2.1.6 Existing Emission Unit 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 Increments

...................................................................... 26

12.2.4 Ambient Air Ceilings

........................................................................... 27

12.2.5 Restrictions On Area Classifications

................................................... 27

12.2.5.1 Class I Areas

................................................................ . 27

12.2.5.2 Redesignation of Class I Areas

..................................... 27

12.2.5.3 Class II Areas

................................................................ 27

12.2.5.4 Redesignating Areas

..................................................... 27

12.2.5.5 Exclusions from Increment Consumption

...................... 28

12.2.6 Redesignation

.................................................................................... 29

12.2.6.1 Clark County

................................................................ . 29

12.2.6.2 Requirements

................................................................ 29

12.2.6.3 Reserved

....................................................................... 31

12.2.6.4 Administrator Approval

.................................................. 31

12.2.6.5 Resubmitting Disapproved Proposal

............................. 31

12.2.7 Stack Heights

..................................................................................... 31

12.2 .7.1 Emission Limitation

....................................................... 31

12.2.7.2 Time Frame

................................................................... 31

12.2.7.3 Stack Height Limitation

................................................. 32

12.2.8 Exemptions

......................................................................................... 35

12.2.8.1 Nonattainment Areas

.................................................... 35

12.2.8.2 Class I Areas

................................................................ . 36

12.2.8.3 Class II Areas

................................................................ 36

12.2.8.4 Threshold Limits

............................................................ 36

12.2.9 Control Technology Review

................................................................ 37

12.2.9.1 Major Stationary Sources

.............................................. 37

12.2.9.2 Major Modifications

....................................................... 37

12.2.9.3 Phased Construction Projects

....................................... 37

12.2.10 Source Impact Analysis

...................................................................... 37

12.2.10.1 Demonstration of Impact

............................................... 3712.2.10.2 Violation of Standard

..................................................... 38

12.2.11 Air Quality Models

.............................................................................. 38

12.2.11.1 Model Applicability

........................................................ 38

12.2.11.2 Model Modifications and Substitutions

.......................... 38

12.2.12 Air Quality Analysis

............................................................................. 39

12.2.12.1 Preapplication Analysis

................................................. 39

12.2.12.2 Post- Construction Monitoring

........................................ 40

12.2.12.3 Operations of Monitoring Stations

................................ . 40

12.2.13 Source Information

............................................................................. 40

12.2.13.1 Required Information

..................................................... 40

12.2.13.2 Information on Air Quality Impacts

................................ 40

12.2.14 Additional Impact Analyses

................................................................ 41

12.2.14.1 Visibility, Soils, and Vegetation

..................................... 41

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 41

12.2.15 Additional Requirements for Sources Impacting Class I Areas

.......... 41

12.2.15.1 Notice to EPA

................................................................ 41

12. 2.15.2 Federal Land Manager

.................................................. 41

12.2.15.3 Impact of Denial on Air Quality

- Related Values

............ 42

12.2.15.4 Class I Variances

.......................................................... 42

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s Concurrence

................................................ 43

12.2.15.6 Variance by the Governor with the President’s

Concurrence

................................................................ . 43

12.2.15.7 Emission Limitations for Presidential or Gubernatorial

Variance

........................................................................ 43

12.2.16 Public Participation

............................................................................. 44

12.2.16.1 Notice of Proposed Action

............................................. 44

12.2.16.2 Distribution of Notice

..................................................... 46

12.2.16.3 Public Hearings

............................................................. 46

12.2.16.4 Time Frame

................................................................... 46

12 .2.16.5 Comments and Approvals

............................................. 46

12.2.16.6 Enhanced Public Participation Procedures

................... 47

12.2.17 Source Obligation

............................................................................... 47

12.2.17.1 Enforcement

.................................................................. 47

12.2.17.2 Termination

................................................................... 47

12.2.17.3 Compliance

................................................................... 48

12.2.17.4 Relaxation in Enforceable Limitations

........................... 48

12.2.18 Innovative Control Technology

........................................................... 48

12.2.18.1 Request for Approval

.................................................... 48

12.2.18.2 Requirements for Approval

........................................... 48

12.2.18.3 Withdrawal of Approval

................................................. 49

12.2.18.4 BACT Extension for Failure or Withdrawal

.................... 49

12.2.19 Plantwide Applicability Limits (PALs)

.................................................. 49

12.2.19.1 Applicability

................................................................... 50

12.2.19.2 Definitions

..................................................................... 50

12.2.19.3 Permit Application Requirements

.................................. 5212.2.19.4 General Requirements for Establishing PALs

............... 52

12.2.19.5 Public Participation Requiremen ts for PALs

.................. 53

12.2.19.6 Setting the 10

- year Actuals PAL Level

.......................... 53

12. 2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

...................................................................................... 54

12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit

...................... 55

12.2.19.9 Expiration of a PAL

....................................................... 56

12.2.19.10 Renewal of a PAL

......................................................... 57

12.2.19.11 Increasing a PAL during the PAL Effective Period

........ 58

12.2.19.12 Monitoring Requirements for PALs

............................... 60

12.2.19.13 Recordkeeping Re quirements

....................................... 62

12.2.19.14 Reporting and Notification Requirements

...................... 63

12.2.19.15 Transition Requirements

............................................... 64

12.2.20 Invalidation

......................................................................................... 65

LIST OF TABLES

Table 12.2

- 1. Increment Limits

................................................................................. 26

Table 12.2

- 2. Air Quality Impact Limits

..................................................................... 36

Table 12.2

- 3. Significance Levels

............................................................................. 38

Table 12.2

- 4. Maximum Allowable Pollutant Increases

............................................ 42

Table 12.2

- 5. Maximum Allowable Increase (μg/m 3 )

................................................ 4412.2 Prevention of Significant Deterioration 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 exis ting major stationary source, within the limits 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 Stationary Sources or Modifications

The requirements of Sections 12.2.9 through 12.2.17 apply to the constru ction of any new major stationary source, or the major modification of any e xisting major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requir ements of Sections 12.2.9 through 12.2.17 apply shall begin actual constru ction without an Authority to Construct Permit issued pursuant to Section 12.4 that states that the major stationary 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 principles set out in paragraphs (a) through (e) below:

(a) Except as otherwise provided in Section 12.2.1.5, a project is a major modification for a regulated NSR pollutant if it causes two (2) types of emissions increases: a significant emissions increase, and a signif icant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions i ncrease.

(b) The procedure for calculating (before beginning actual construction) whether a significant emissions increase will occur depends upon the type of emissions units being added or modified as part of the project, according to paragraphs (c) through (e) of Section 12.2.1.4. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the majorstationary source is contained in the definition of net emissions i ncrease. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions i ncrease and a significant net emissions increase.

(c) Actual

- to

- Projected

- Actual Applicability Test for Projects that only involve Existing Emissions Units. A significant emissions i ncrease of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

(d) Actual

- to

- Potential Test for Projects that Only Involve Constru ction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emi ssions of these units before the project equals or exceeds the signif icant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emi ssions Units. A significant emissions increase 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 applicable with respect to each emi ssions unit, equals or exceeds the significant amount for that pollutant.

12.2.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source for a Plantwide Applicability Limitation (PAL) for a regu lated NSR pollutant, the major stationary source shall com ply with the requirements under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing emissions unit at a major stationary sou rce, other than a source with a PAL, and the project is not a part of a major modification, and the owner or oper ator elects to use the method specified in paragraphs (1)(A

- D) of the defin ition of projected actual emissions, found in Section 12.2.2(nn).

(a) B efore beginning actual construction of the project, and as a cond ition of the source's Authority to Construct Permit, the owner or oper ator shall document and maintain a record of the following information:

(1) A description of the project;(2) Identification of the emissions unit(s) whose emissions of a r egu lated 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 modification for any regulated NSR poll utant, including the baseline actual emissions, the projected a ctual emissions, the amount of emissions excluded under par agraph (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 existing emissions unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Section 12.2.1.6(a) to the Control Officer. Not hing in th is paragraph shall be construed to require the owner or ope rator of such a unit to obtain any determination from the Control Offi cer before beginning actual construction.

(c) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit identified 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 following resumption of regular operations after the change, or for a period of ten (10) years following r esumption of regular operations after the change if the project i ncreases the design capacity of or potential to emit that regulated NSR pollutant at any emissions unit.

(d) If the emis sions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer within sixty (60) days after 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 during the calendar year that pr eceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an ele ctric 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 maintained pursuant to Section 12.2.1.6(a)(3)) by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions (prior to exclusion of the amount of emissions under the definition of projected actual emissions) as documented and maintained pursuant to Section 12.2.1.6(a)(3). Such report shall be submitted to the Co ntrol Officer within sixty (60) days after the end of such year. The r eport shall contain the following:(1) The name, address, and telephone number of the major stati onary source;

(2) The annual emissions, as calculated pursuant to Sectio n 12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to i nclude in the report (e.g., an explanation as to why the emissions differ from the preconstruction 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 considered in determining whether a st ationary source would qualify as a major stationary source. If a stationary source is subject to Section 12.2 on the basis of the direct emissions from the stationary source, the requirements 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 shall 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 which the emissions unit actually emitted the regulated NSR pollutant 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 different time period upon a determin ation that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual o perating hours, production rates, and ty pes of materials processed, stored, or combusted during the selected time p eriod.(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 emissions shall equal the potential to
emit of the unit on that date.

(4) This definition shall not apply for calculating whether a signif icant emissions increase has occurred, or for establishing a PAL.

I nstead, projected actual emissions and baseline actual emi ssions shall apply for those purposes.

(b) “ Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to practicably enforceable limits which restrict the operating rate, or hours of operation, or both) and the

most strin gent of the following:

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

(2) Any applicable emission limitation 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 the rate of emissions, in tpy, of a regulated NSR pollutant, as determined in accordance with par agraphs (1) through (4) of this definition.

(1) For any existing electric utility steam generating unit, baseline actual emissions means the average 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 the project. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operation.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable, and emissions associated with startups and shutdowns, except emissions from a shutdown ass ociated with a malfunction.

(B) The average rate shall be adjusted downward to exclude

any non

- compliant emiss ions that occurred while thesource was operating above any emission limitation that was legally enforceable during the consecutive 24

- month period.

(i) The average rate shall be adjusted downward to e xclude 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 def inition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is part of a Max imum Achievable Control Technology standard that 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 attai nment demonstration or main tenance plan, consi stent with the requirements of 40

CFR 51.165(a)(3)(ii)(G).

(C) 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 emissions units being changed. A diffe rent consecutive 24

- month period can be used for each r egulated NSR pollutant.

(D) 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)(B) of this defin ition.

(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 the emissions unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 10

- year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit appl ication is received by the Control Officer for a permit required under these regulations, whichever is earlier, except that the10

- year period shall not include any period earlier than Nove mber 15, 1990.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable.

(B) The average rate shall include emissions associated with startups and shutdowns, except emissions from a shu tdown associated with a malfunction.

(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 consecutive 24

- month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must curren tly comply had such major stationary source been required to comply with such limitations during the consecutive 24

- month period. For the purposes of determining baseline

act ual emissions for contemporaneous changes pursuant to paragraph (ii)(1)(B) of the definition of net emissions i ncrease, the particular date is the date on which the partic ular change occurred. However, if an emission limitation is part of a Maximum Achievable Control Technology sta ndard that 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 determine the baseline actual

emissions for all the emissions units being changed. A di fferent 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 paragraphs (2)(C) and (D) of this

definition.(3) For a new emissions unit, the baseline actual emissions for pu rposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal z ero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (1) of this definition, for other existing emissions units in acco rdance with the procedures contained in paragraph (2) of this d efinition, and for a new emisssions unit in accordance with the procedures contained in paragraph (3) of this definition.

(d) “ Baseline area” means any intrastate area (and every part thereof) designated as attainment or unclassifiable under 40 CFR Part 81 in which the major stationary source or major modification establishing 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 which the minor

source baseline date has been established.

(1) Area redesignations under 40 CFR Part 81 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 A QRs.

(2) Any baseline area established originally for the Total Suspended Particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that such baseline 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 minor source baseline date. A bas eline concentration is determined for each pollutant for which a minor source baseline date is established, and shall include:

(A) The actual emissions, representative of sources in exi stence on the applicable minor source baseline date, except as otherwise provided in paragraph (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 operation by the applicable minor

source baseline date.

(2) The following will not be included in the baseline concentration and will affect the applicable maximum 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 a nd decreases at any stati onary 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 generating facility, the owner or operator may select as its basic design parameters either ma ximum hourly heat input and maximum hourly fuel consumption rate, or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specific ations in terms of weight or volume, the minimum fuel quality based on British Thermal Units (Btu) content shall be used for determining the basic design parameter(s) for a coal

- fired ele ctric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat i nput, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximu m rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the prim ary product or primary raw material when selecting a basic design parameter.

(3) If the owner or operator believes the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Control Officer an alternative basic design parameter(s) for the source’s process unit(s) . If the Control O fficer approves of the use of an alternative basic design param eter(s), the Control Officer shall issue a permit that is legally e nforceable that records such basic design parameter(s) andrequires the owner or operator to comply with such param eter(s).

(4) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establis hing the magnitude of the basic design 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 determine the process unit’s basic d esign parameter(s) using the maximum value achieved by the process unit in the 5

- year period 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 e xceed any emission limitation, or operational limitation that has the effect of constraining emissions, 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 include, but are not limited to, i nstallation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With r espect to a change in method of operating, this term refers to those

on

- site activities other than preparatory activities which mark the ini tiation of the change.

(h) “ Best Available Control Technology (BACT)” means an emission lim itation (including a visible emissions standard) based on the max imum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or m ajor modification which the Control Officer, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modif ication through application of production processes or available m ethods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.

In n o event shall application of BACT result in emissions of any poll utant which would exceed the emissions allowed by any applicable
standard under 40 CFR Part 60 or 61. If the Control Officer dete rmines that technological or economic limitations on the appli cation of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equi pment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the applic ation of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such d esign, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(i) “ Building, structure, facility, or installation” means all of the pollutant

emitting 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 person (or persons under common control) except the activities of any vessel. Pollutant

- emitting activ ities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same SIC or

NAICS cod e) as described in either the Standard Industrial Classif ication manual, 1972, as amended by the 1977 supplement or the North American Industrial Classification System manual.

(j) “ Categorical stationary source” means any stationary source of air pollutants t hat belongs to one of the following categories :

(1) Fossil fuel

- fired steam electric 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 incinerators 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;(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (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 combination thereof) totaling more than 250 million Btu per hour heat input;

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

(24) Taconite ore processing plants;

(25) Glass fiber processing plants; and

(26) Charcoal production pl ants.

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

(k) “ Clean coal technology” means any technology, including technol ogies applied at the precombustion, combustion, or postcombustion stage at a new or existing facility, which will achieve significant r edu c tions 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 widespread use as of November 15,

1990.

(l) “ Clean Coal Technology Demonstration Project” means a project u sing funds appropriated under the heading “Department of Energy

Clean Coal Technology,” up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. The federal co ntribution 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 operator has all n ecessary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual on

site construction of the source, to be completed within a reaso nable time; or

(2) Entered into binding agreements or contractual obligations,
which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual co nstruction 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 the 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 physical change, or change in the method of operation, including fabrication, erection, 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 Section 12.2 to sample, condition (if a pplicable), analyze, and provide a record of emissions on a continuous

basis.

(q) “ Continuous Emissions Rate Monitoring System (CERMS)” means the total equipment required for the 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 data acquisition and availability r equirements of Section 12.2, to monitor process and control device operational parameters and other information, and to record average

o perational parameter value(s) on a continuous basis.

(s) “ Electric Utility Steam Generating Unit” means any steam electric g enerating unit that is constructed for the purpose of supplying more

than one

- third of its potential electric output capacity, and more than 25 MW electrical output, to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the pu rpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also consid ered in determining the electrical energy output capacity of the affected facility.(t) “ Emissions unit” means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and i ncludes an electric utility steam generating unit. For purposes of Se ction 12.2, there are two types of emissions units, as described in p aragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operated. For the purposes of this definition, the date an emissions unit first ope rated shall not be extended by any shakedown period esta blished 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 r eplacement unit is an existing emissions unit.

(u) “ Federally Enforceable” means all limitations and conditions which
are enforce able by the Administrator.

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

such lands.

(w) “ Fugitive emissions” means those emissions which could not reaso nably pass through a stack, chimney, vent, or other functionally equi valent opening.

(x) “ High terrain” means any area having an elevation 900 feet or more

above the base of the stack of a source.

(y) “ Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing the power

of self

- government.

(z) “ Indian reservation” means any federally recognized reservation e stablished by treaty, agreement, executive 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 substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions 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 b ased on the following:(1) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed major stationary source demonstrates that such limitations are not achievable; or

(2) The most stringent emission limitation which is achieved in pra ctice by such class or category of stationary sources. This limit ation, when applied to a modification, 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 applicable new source standard of performance.

For purposes of this definition only, the term “any state” means a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and i ncludes the Commonwealth of the Northern Mariana Islands.

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

(dd) “ Major modification” means any physical change in, or change in the method of operation of, a major stationary 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 st ationary source.

(1) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for volatile organic compounds or nitrogen oxides s hall be considered significant for ozone.

(2) A physical change or change in the 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 Supply and Environmental Coordination Act of 1974 (or any s uperseding legislation), or by reason of a natural gas cu rtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule u nder Section 125 of the Act;(D) Use of an alternative fuel at a steam generating unit, to the extent that the fuel is generated from municipal 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 condition which was established after January 6, 1975 pu rsuant 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 permit i ssued under Section 12 or under regulations a pproved 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 f ederally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under reg ulations approved pursuant to Subpart 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 project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and mai ntain the National Ambient Air Quality Standards du ring the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal Technology Demonstration Project that constitutes rep owering, provided that the project does not result in an i ncrease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a poll utant

- by

- pollutant basis; or

(J) The reactivation of a very clean coal

- fired electric utility steam generating unit.(3) This definition shall not apply with respect to a particular reg ulated NSR pollutant when the major stationary source is compl ying with the requirements under Section 12.2.19 for a PAL for that regulated NSR pollutant. Instead, the definition of PAL m ajor modification shall apply.

(4) The fugitive emissions of a major stationary source shall no t 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 and sulfur dioxide, January 6, 1975, and

(2) In the case of nitrogen dioxide, February 8, 1988.

(ff) “Major stationary source”

(1) Means:

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

(B) Notwithstanding the stationary source size oth erwise sp eci fied in paragraph (1) (A) of this definition, any non

categorical stationary source which emits, or has the p otential to emit, 250 tpy or more of a regulated NSR poll utant; or

(C) Any stationary source specified in paragraphs (1)(A) or (1)(B) of thi s definition which emits, or has the potential to emit, Greenhouse Gases (“GHGs”) that are subject to re gulation as defined in 40 CFR § 52.21(b)(49) as of July 1,

2010 July 20, 2011

(D) Any physical change that would occur at a stationary source not qualifying under paragraphs (1)(A) or (1)(B) of this definition as a major stationary source, if the change would constitute a major stationary source by itself. ; or

(2) A major stationary source that is major for volatile organic co mpounds or nitrogen oxides shall be co nsidered major for ozone.(3) The fugitive emissions of a stationary source shall not be i ncluded 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 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.

(gg) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification su bject to Section 12 of the AQRs submits 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.

(2) The baseline date is established for each pollutant for which i ncrements or other equivalent measures have been established

if:

(A) The area in which the proposed source or modification would construct is designated as attainment or unclassifi able for the pollutant on the date of its complete application under Section 12.2 of the AQRs; and

(B) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emi ssio ns increase of the pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for pu rposes of determining the amount of available PM 10 increments, except that the Control Officer shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Control Officer, that the emissions increase from the major st ationary source, or net emissions increase from the major modif ication, responsible for triggering that date did not result in a si gnificant amount of PM 10 emissions.

(hh) “ Necessary preconstruction approvals or permits” means those pe rmits or approvals required under air quality control laws and regul ations which are part of the Nevada SIP, these regulations, or feder al air quality control laws and regulations, 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 oper ation, at a stati onary source as calculated pursuant to Sections 12.2.1.4(a) through (e); and

(B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise credita ble.

(C) For the purposes of calculating 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 t hat definition shall not apply.

(i) For the purposes of calculating increases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual emissions, except as provided in paragraph (1)(C)(iii) of this definition.

(ii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, if the Control Officer determines that there is no sufficiently represent ative time period of actual emissions after a conte mporaneous project, pursuant to Section 12.2.2(a)(1), actual emissions after the contemporaneous project shall be determined as provided in the definition of projected actual emissions.

(iii) For the purposes of calculating decreases under p aragraph (1)(B) of th is definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual

emissions.

(2) An increase or decrease in actual emissions is contemporan eous with the increase from the particular change only if it occurs between the date five (5) years before construction on the pa rticular 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

t he 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 CFR Part 51, which permit is in effect when the increase in actual emissions from the particular change occurs.

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

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

that:

(A) The old level of actual emissions or the old level of allow able emissio ns, whichever is lower, exceeds the new level of actual emissions;

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

(C) The Control Officer has not relied on it in issuing any pe rmit under Section 12, or any other regulations approved pursuant to 40 CFR Part 51, Subpart I, nor has the state of Nevada relied on it in demonstrating attainment or reaso nable 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 o ccurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown, or any new emissions unit that replaces an existing emissions unit and that requires shakedown, becomes operational only after a reason able shakedown period, not to exceed one hundred eighty (180)

da ys.

(jj) “ Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restri ctions on hours of operation or on the types or amounts of material combusted, stored, or processed, shall be treated as part of its d esign only if the limitation or the effect it would have on emissions is enforceable as a practica l matter. Secondary emissions do not count in determining the potential to emit of a stationary source.(kk) “ Predictive Emissions Monitoring System (PEMS)” means all of the equipment necessary to monitor process and control device oper ational parameters and other information, and calculate and record the

mass emissions rate on a continuous basis.

(ll) “ Prevention of Significant Deterioration (PSD) Permit” means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorp orated into the Nevada SIP to implement the requirements of Part C, Subchapter I of the Act.

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

(nn) “ Projected actual emissio ns” means 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) fo llowing the date the unit resumes regular operation after the project, or in any one of the ten (10) years following that date if (1) the project involves increasing the design capacity or potential to emit of any emissions unit for that regulated NSR pollutant, and (2) full utilization of the unit would result in a significant emissions increase or a signi ficant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stati onary 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 author ities, and compliance plans under these regulations;

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shu tdowns except emissions from a shutdown associated with a malfunction; an d

(D) Shall exclude, only for calculating any increase in emi ssions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emi ssions and that are also unrelated to the particular project,including any increased utilization 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 stati onary source may elect to use the emissions unit’s potential to emit, in tpy.

(oo) “ Reactivation of a very clean coal

- fired electric utility steam genera ting unit” means any physical change, or change in the method of o peration, asso ciated with commencement of commercial operations by

a coal

- fired utility unit after a period 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 carried in the Clark County emi ssions inventory at the time of enactment;

(2) Was equipped prior to shutdown with a continuous system of emissions control that achieved a removal efficiency for sulfur dioxide of no less than eight y- five (85) percent and a removal e fficiency for particulates of no less than ninety

- eight (98) percent;

(3) Is equipped with low

- NOx burners prior to the time of commen cing operations following reactivation; and

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

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

(1) Any pollutant for which a National Ambient Air Quality Standard has been promulgated and any constituents or precursors ide nti fied by the Administrator;

(2) A ny pollutant that is subject to any standard promulgated under Section 111 of the Act;

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

(4) Any pollutant that otherwise is subject to regulation unde r the

Act as defined in 40 CFR § 52.21(b)(49) as of July 1, 2010 July 20, 2011 , except that the following pollutants are not regulated NSR pollutants unless the listed pollutant is also regulated as aconstituent or precursor of a general pollutant listed under Se ction 108 of the Act:

(A) Any or all Hazardous Air Pollutants (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

(B) Any or all substances listed pursuant to Section 112(r)(3)

of the Act.

(qq) “ Replacement unit” means an emissions unit for which all the criteria listed in paragraphs (1) through (4) of this definition are met. No cr editable emission reductions shall be generated from shut ting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of

40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(2) The emissions uni t 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, or permanently barred from operation by a permit that is enforce able as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions

unit.

(rr) “ Repowering” means replacement of an existing coal

- fired boiler with one of the following clean coal technologies: atmospheric or press urized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal

- fired turbines, integrated gasificatio n fuel cells or

— as determined by the Admini str a tor, in consultation with the Secretary of Energy

— a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with i mproved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in wid espread commercial use as of November 15, 1990.

(1) Repowering shall also include any oil and/or gas

- fired unit which

has been awarded Clean Coal Technology DemonstrationProject 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 granted an extension under Section

409 of the Act.

(ss) “ Secondary emissions” means emissions which would occur as a r esult of the construction or operation of a major stationary source or major modification, but do not come from the major stationary so urce or major modification itself. For the purpose of Section 12.2, secon dary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off

- site support facility which would not be co nstructed or increase its emissions except as a result of the constru ction or operation of the major stationary source or major modification. Secondary emissions do not inc lude any emissions which come d irectly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution

con trol equipment or process equipment for any purpose, except ro utine 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 following pollutants, a rate of emissions that would equal or exceed any of the following rates:

• Carbon monoxide: 100 tpy ;

• 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 organic 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 t etra - through octa

- chlorinated dibenzo -p- dioxins and dibenz ofurans): 3.2 x 10 -6 megagrams per year (3.5 x 10 -6 tpy).

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

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

• Municipal solid waste landfills emissions (measured as no nmethane 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 1, 2010 July 20, 2011

(2) “Significa nt” means, in reference to a net emissions increase or a source’s potential to emit a regulated NSR pollutant that is not listed in this definition, any emissions rate. .

(3) Notwithstanding the pollutant

- specific significance levels spec ified in this definition “significant” means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 k ilometers of a Class I area and have an impact on such area equal to or greater than 1 mi crogram per cubic meter (24

- hour average).

(vv) “ Significant emissions increase” means, for a regulated NSR poll utant, an increase in emissions that is significant for that pollutant.

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

(xx) “ Stationary source” means any building, structure, facility, or install ation which emits or may emit a regulated NSR pollutant.(yy) “ Temporary Clean Coal Technology D emonstration Project” means a Clean Coal Technology Demonstration Project that is operated for a period of five (5) years or less, and which complies with the requir ements of these regulations and other requirements necessary to a ttain and maintain the Nat ional Ambient Air Quality 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 shall be limited to the following:

Ta ble 12.2

- 1. Increment Limits

Pollutant Maximum allowable increases ( μg /m 3 )

Class I

Particulate Matter 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 10 , annual arithmetic mean 17

PM 10 , 24

- hr maximum 30

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 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 period, the applicable maximum allo wable increase may be exceeded during one such period per year at any one

location.12.2.4 Ambient Air Ceilings

No concentration of a pollutant shall exceed the concentration permitted u nder the secondary National Ambient Air Quality Standard or the primary N ational Ambient Air Quality Standard, whichever 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 which 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 Areas

Areas which were redesignated as Class 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 otherwise specified in the legislation creating such an area, is initially designated 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 national primitive area, a national preserve, a national recreational area, a national wild and scenic ri ver, a national wildlife refuge, a national lakeshore or seashore; and

(b) A national park or national wilder ness 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 shall be excluded in determining co mpliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petr oleum products, natural gas, or both by reason of an order in e ffect under Section 2(a) and (b) of the Energy Supply and Env ironmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the e ffective date of such an order;

(2) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal

Power Act over the emissions from such sources before the e ffective date of such plan;

(3) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emissio nrelated activities of new or modified sources;

(4) The increase in concentrations attributable to new sources ou tside the United States over the concentrations attributable to e xisting sources which are included in the baseline concentration;

and

(5) Concentrati ons attributable to the temporary increase in emi ssions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affected by plan revisions a pproved by the Administrator as meeting the criteria specified in paragraph (a)(3) of Section 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 exclusion of such concentrations 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 refers or the plan to which par agraph (a)(2) of Section 12.2.5.5, refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall a pply more than five (5) years after the later of such effective dates.

(c) For purposes of excluding concentrations pursuant to paragraph (a)(5) of Section 12.2.5.5, the Administrator may approve a plan rev ision that:(1) Specifies the time over which the temporary em issions increase of sulfur dioxide, particulate matter, or nitrogen oxides would o ccur. 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 certain contrib utions 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 i ncrement is known to be violated; or

(B) Cause or contribute to the violation of a National Ambient Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period specified in accordance with paragraph (c)(1) of Section 12.2.5.5, which would ensure that the emissions levels from st ationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan rev ision was approved.

12.2.6 Redesignation

12.2.6.1 Clark County

All areas of Clark County (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 (except as otherwise precluded 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 of Nevada, may submit to the Admi nistrator 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 estab lished in Section 12.2.16;

(2) Other states, Indian Governing Bodies, and Federal Land Ma nagers whose lands may be affected by the proposed redesign ation were notified at least thirty (30) days prior to the public hea ring;(3) A discussion of the reasons for the proposed redesignation, i ncluding a satisfactory description and analysis of the health, e nvironmental, economic, social and energy effects of the pr oposed redesignation, was prepared and made available for public inspection at least thirty (30) days prior to the hearing and the notice announcing the hearing contained appropriate notif ication of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the county, through the state of Nevada, has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of sixty (60) days) to confer with the county respecting the redesignation and to submit written comments and reco mmendat ions. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the county shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with 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 r edesignation after consultation with the elected leadership of l ocal and other substate general purpose governments in the area covered by the proposed 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 r edesignation, except any established by an Indian Gover ning Body, has been specifically approved by the county and the governor, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the

le g is lature, if it is not in session (unless state law provides that the redesignation must be specifically approved by state legisl ation), and if general purpose units of local government representing a majority of the residents of the area to be red esignated enact legislation or pass resolutions concurring in the redesignation;

(3) The redesignation would not cause or contribute to a concentr ation of any air pollutant which would exceed any maximum a llowable 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 review under Section 12.2.11, which could receive a permit under Section 12.2 only if the area in question were redesignated as Class III, and any material su bmitted 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 A dministrator will disapprove, within ninety (90) days of submission, a proposed redesignation of any area only if he finds, after notice and oppo rtunity for public hearing, that such redesignation does not meet the proc edural requirements of Section 12.2.6 or is inconsistent with Section 12.2.5. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved Proposal

If the Administrator disapproves any proposed redesignation, the county may resubmit the proposal after correcting the deficiencies noted by the

Administrator.

12.2.7 Stack Heights

12.2.7.1 Emission Limitation

The degree of emission limitation required for control of any air pollutant u nder Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height of any source as exceeds good eng ineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with respect 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 shall not apply to stacks 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 agreements or contractual obligations,
which could not be cancelled or modified without substantial

loss to the owner or o perator, to undertake a program of co nstruction of the stack, to be completed in a reasonable time; or

(3) Coal

- fired steam electric generating units, subject to the prov isions of Section 118 of the Act, which commenced operation b efore July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculated 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);

(2) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all 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 structure, measured from the ground

level elevation at the base of the stack

L = Lesser dimension (height or projected width) of nearby

structure

provided that the EPA, the Control Officer, or a local control agency may require the use of a field study or fluid model to v erify good engineering practice (GEP ) stack height for the source;

or

(4) The height demonstrated by a fluid model or a field study a pproved by the reviewing agency, which ensures that the emi ssions from a stack do not result in excessive concentrations ofany air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or

nea rby terrain obstacles.

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

(A) For purposes of applying the formulae in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, that distance up to five (5) times the lesser of the height or the width dimen sion 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 e xception is that the portion of a terrain feature may be co nsidered 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 the stack. The height shall be at least fo rty (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.

(6) “Excessive concentrations” means, for the purpose of determi ni ng GEP stack height under paragraph (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

- level concentration due to emissions from a stack due in whole or in part to dow nwash, wakes, and eddy effects produced by nearby stru ctures or nearby terrain features which individually is at least forty (40) percent in excess of the maximum conce ntration experienced in the absence of such downwash,

wa kes, or eddy effects, and which 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 concentr ation alternatively means a maximum ground

- level conce ntration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is a t least forty (40) percent in excess of the maximum conce ntration experienced in the absence of such downwash,wakes, or eddy effects, and greater than the applicable

maximum allowable increase contained in Section 12.2.3. The allowable emissions rate to be used in making de monstrations under paragraph (b)(4) of Section 12.2.7.3 shall be prescribed by the new source performance sta ndard which is applicable to the source category unless the owner or operator demonstrates that this emission rate is
infeasible . Where such demonstrations are approved by the Control Officer, an alternative emission rate shall be established in consultation with the source owner or oper ator;

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

(i) A maximum ground

- level concentration due in whole or in part to downwash, wakes, or eddy e ffects 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; or

(ii) The actual presence of a local nuisance caused by the existing stack, as determined by the Control O fficer.

(C) For sources seeking credit 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 fluid model to verify GEP stack height; for sources seeking stack height credit after N ovember 9, 1984, based on the aerodynamic influe nce of cooling towers; and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic infl uence of structures not adequately represented by the e qua tions in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground -l evel concentration due in whole or in part to downwash, wakes, or eddy effects that is at least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(c) The degree of emission limitation required of any source after the r espective 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 stackheight that exceeds good engineering practice, or by any other di spersion techn ique.

(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 e ngineering practice stack height that exceeds the height allowed by paragraph (b) of Section 12.2.7.3, the 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 or major modification would be a no nprofit health or nonprofit educational institution, or the major modific ation would occur at such an institution; or

(b) Th e source is a portable stationary source which has previously r eceived a permit, and:

(1) The owner or operator proposes to relocate the major stationary source, and emissions of the major stationary source at the new location would be temporary;

(2) The emission s from the major stationary source would not e xceed its allowable emissions;

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

(4) Reasonable notice is given to the Control Officer prior to the r elocation 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 a dvance of the proposed relocation unless a different time duration is previously approved by the Control Officer.

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 modification with respect to a particular

po l luta nt if the owner or operator demonstrates that, as to that pollutant, the major stationary source or major modification is located in an area desi gnated 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 partic ular pollutant if the allowable emissions of that pollutant from the major st ationary source or the net emissions increase of that pollutant from the major

m odification: (a) Would impact no Class I area and no area where an applicable i ncrement is known to be violated; and

(b) Would be temporary.

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 of each regulated NSR po llutant 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 modif ication from the requirements of Section 12.2.12, with respect to monitoring for a particular pollutant, if:

(a) The emissions increase of the pollutant from the new source, or the net emissions increase of the pollutant 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 10, 24

- hour average 10

Sulfur dioxide, 24

- hour average 13

Ozone No de minimis air quality level is provided for ozone. Ho wever, 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 10Pollutant Emissions Increase (μg/m 3 )

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 stati onary source or major modification would affect are less than the co ncentrations listed in paragraph (a) of Secti on 12.2.8.4; or

(c) The pollutant is not listed in paragraph (a) of Section 12.2.8.4.

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 shall apply BACT for each regulated NSR pollutant that it would have the potential 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 phys ical 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 r eviewed and modified as appropriate at the latest reasonable time which o ccurs no later than eighteen (18) months prior to commencement of constru ction of each independent phase 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 determination of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impac t

The owner or operator of the proposed major stationary source or major

modification shall demonstrate that allowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including 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 co ncentration in any area.

12.2.10.2 Violation of Standard

A major stationary source or major modification will be considered to cause or contribute to a violation of a National Ambient Air Quality Standard when such source or modification would, at a minimum, exceed the significance

levels listed in Table 12.2

- 3 at any locality that does not (or would not) meet the applicable national standard.

Table 12.2

- 3. 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

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 Mo dels”).

12.2.11.2 Model Modifications and Substitutions

Where an air quality model specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”) is inappropriate, the model may be mo dified 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 the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with Section 12.2.16.12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

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

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

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

(b) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air qual ity monitoring data as the Control Officer determines is necessary to a ssess ambient air quality for that pollutant in any area that the emi ssions of that pollutant would affect.

(c) With respect to any such pollutant (other than nonmethane hydroca rbons) for w hich such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of d etermining whether emissions of that pollutant would cause or contr ibute to a violation of the standard or any maximum allowable i ncrease.

(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 preceding receipt of the application; except that, if the Control Officer determines that a complete and adequate analysis can be accomplished with monitoring data g athered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have been gathered over at least that shorter period.

(e) The owner or operator of a proposed new stationary source or mo dification of an existing stationary source of volatile organic co mpounds who satisfies all conditions of 40 CFR Part 51, Appendix S, Section IV may provide post

- approval monitorin g data for ozone in lieu of providing preconstruction data as required under Section

12.2.12.1.

(f) With respect to any requirements for air quality monitoring of PM 10 , the owner or operator of the major stationary source or major modif ication shall use a monitoring method approved by the Administrator
and shall estimate the ambient concentrations of PM 10 using the datacollected by such approved monitoring method in accordance with estimating procedures approved by the Control Officer.

12.2.12.2 Post

- Construction Monito ring

The owner or operator of a major stationary source or major modification shall, after construction of the major stationary source or major modification, conduct such ambient monitoring as the Control Officer determines is n ecessary 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 stationary source or major modification shall meet the requirements of 40 CFR Part 58, Appendix B during the o peration of monitoring stations for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed major stationary source or major mo dification shall submit all inform ation 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 source or major modification to which Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such info rmation shall

include:

(a) A description of the nature, location, design capacity, and typical o perating schedule of the major stationary source or major modification, including specifications and drawings 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 what system of continuous emission r eduction is planned for the major stationary source or major modific ation, emission estimates, and any other information necessary to d etermine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Control Officer, the owner or operator shall also provide

information on:(a) The air quality impact of the major stationary source or major modif ic ation, including meteorological and topographical data necessary to estimate such impact; and

(b) The air quality impacts, and the nature and extent of any or all ge neral commercial, residential, industrial, and other growth which has occurred since the major source baseline 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 shall provide an analysis of the impairment to visibil ity, soils, and vegetation that would occur as a result of the proposed major stationary source or major modification, and general commercial, reside ntial, industrial and other growth associated 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 commercial 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 pr ojected 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 for 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 stationary source or major modification, and provide notice to the Administrator of every action related to the consider ation of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager and the federal official charged with direct r esponsibility for management of Class I lands have an affirmative responsibi lity to protect the air quality

- related values (including visibility) of any such lands and to consider, in consultation with the Administrator, whether a pr oposed source or modification would have an adverse impact on such va lues. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or major modification that may impact v isibility in any Class I Area, in accordance with 40 CFR 51.307.12.2.15.3 Impact of Denial on Air Quality

- Related Values

A Federal Land Manager of any Class I lands may present to the county, a fter the Control Officer’s preliminary determination (required under proc edures developed in accordance with Section 12.2.16), a demonstration that the emissions from the proposed source or modification would have an a dverse impact on the air quality

- related values (including visibility) of any fe deral mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause

or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the county, through the state of Nevada, co ncurs with such demonstration, the Control Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed source or modification may demo nstrate to the Federal Land Manager that the emissions from such source would have no adverse impact on the air quality

- related values of such lands (including visibility), notwithstanding that the change in air quality r esulting from emissions from such source or modification would cause or

contribute to concentrations which would exceed the maximum 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 requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the fo llowing maximum allowable increases over baseline concentration for such pollutants.

Table 12.2

- 4. Maximum Allowable Pollutant Incr eases

Pollutant Maximum allowable increase ( μ g/m 3 )

Particulate Matter:

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 2512.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s
Concurrence

(a) The owner or operator of a proposed source or modification which cannot be approved under procedures developed pursuant to Se ction 12.2.16 may demonstrate to the governor, through the Control Officer, that the source or modification cannot be constructed by re ason of any maximum allowable increase 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 governor, after consideration of the Federal Land Manager’s recommendation (if any) and subject to his concurrence, may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the Control 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 requir ements of the Nevada SIP are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Control Officer, through the governor, and the Federal Land Manager shall be transferred to the president in any case where the governor recommends a variance in which the Federal Land Manager does not concur.

(b) The president may approve the governor’s recommendation if he

finds that such variance is in the national interest.

(c) If such a variance is approved, the Control Officer may issue a permit in accordance with provisions developed pursuant to the requir ements of Section 12.2.16, provided that the applicable require ments
of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitations for Presidential or Gubernatorial Variance

In the case of a permit issued under procedures developed pursuant to Se ction 12.2.16, the source or modification shall comply with emission limit ati ons as may be necessary to assure that 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 exceed the maximum allowable increases

over the baseline concentration shown in Table 12.2

- 5, and to assure that

such emissions would not cause or contribute to concentrations which e xceed the otherwise applicable maximum allowable increases for periods of

expo sure 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 (μg/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 Officer notifies the applicant by cert ified mail that the application is deficient and not comple te. In the event of a deficiency, the date of receipt of the application shall be the date on which the Control Officer received all required inform ation.

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

(1) Make a prelim inary determination whether construction should be approved, approved with conditions, 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 d etermination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

(c) After receipt of a complete application 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 general circulation within Clark Cou nty, Nevada, within each region in which the proposed source would be constructed, and on the department's web site a Notice of Pr oposed Action on the application containing the following:

(1) The date of the department’s receipt of the completed applic ation;

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

(3) For an Authority to Construct Permit reviewed pursuant to Se ction 12.2, a summary of the following:(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 increments to be consumed by the source, as determined und er Section 12.2.3.

(4) For an Authority to Construct Permit reviewed pursuant to Se ction 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 a pplication.

(5) The department’s preliminary determination of whether the a pplication should be approved 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 contribute to a violation of a N ational Ambient Air Quality Standard, a PSD increment identified in Section 12.2.3, or otherwise violate any provisions of the N evada SIP;

(8) The total PTE of each regulated NSR pollutant, as appl icable;

(9) An opportunity for any person to submit written comments on the application and any documents relevant to the application;

and

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

(d) All written comments must be received by the Control Officer within thirty (30) days from the publication date of the Notice of Proposed

Action.12.2.16.2 Distribution of Notice

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

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

(b) The chief executives of the city 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 from the source or modificat ion;

(e) The Regional Administrator 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 public comment period specified in Section 12.2.16.1, any person may petition the Control Officer, in wr iting, for a public hearing. All such petitions shall contain the petitioner’s name, a ddress, daytime telephone number, and the reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer determines that there is a significant degree of public interest, the Control Officer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Pr oposed Action but no later than seventy (70) days, after the date of the N otice of Proposed Action. In determining if a significant degree of public inte rest exists, the Control Officer shall consider all relevant factors, including, but not limited to, the number of petitioners, the nature 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 receive no less than seven (7) days’ prior written notice of the date and location 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:(a) Consider all writt en comments submitted within a time specified in the notice of public comment, and all comments received at any pu blic hearing(s), in making a final decision on the approvability of the application. The Control Officer shall make all comments available for public inspection in the same locations where the Control Officer made available preconstruction information 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 available 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 i ncorporated 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 participation procedures, the applicant 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 the application submitted pursuant to Section 12.2 and with any changes to the application as required by the Control Officer, or with the terms of its Authority to Construct Permit, or any owner or oper ator of a source or modification subject to Section 12.2 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Permit, shall be subject to enforcement

action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not co mmenced within eighteen (18) months after receipt of such permit if constru ction is discontinued for a period of eighteen (18) months or more, or if co nstruction is not completed within a reasonable 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 apply to the time period b etween construction of the approved phases of a phased constructionproject; each phase must comme nce construction within eighteen (18) months of the projected and approved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Construct Permit shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Nevada SIP and any other requirements under local, state, or federal

law.

12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a major stationary source or major modification 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 po llutant, then the requirements of Sections 12.2.9 through 12.2.17 shall apply

to the stationary source or modification as though construction had not yet commenced on the stationary source or modification.

12.2.18 Innovative Control Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationary source or major mo dificati on 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 affected states, determine that the major stationary source or major modification may employ a system of innovative control technology if:

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

(b) The owner or operator agrees to achieve a level of continuous emi ssions reduction equivalent to that which would have been required under Section 12.2.9.2 by a date specified by the Control Officer. Such date shall not be later than four (4) years from the time of sta rtup or seven (7) years 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 emi ssions rate that the stationary source employing the system of innov ati ve control technology would be required to meet on the date spec ified 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 A mbient 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 partic ipation, 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 approval to employ a system of inn ovative control technology made under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the r equired continuous emissions reduction rate;

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

(c) The Control Officer decides at any 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 station ary source or major modification fails to meet the required level of continuous emission reduction within 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 source or major modification up to an additional three (3) years to meet the 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 g overn actuals PALs.12.2.19.1 Applicability

(a) The Control Officer may approve the 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 change in the method of operation of, a major stationary source that maintains its total source

- wide emi ssions below the PAL level, meets the requirements of Section 12.2.19, and complies with the Authority to Construct Permit:

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

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

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

(c) Except as provided under paragraph (b)(3) of Sectio n 12.2.19.1, a major stationary source shall continue to comply with all applicable federal, state or county requirements, emission limitations, and work practice requirements that were established prior to the effective date

of the PAL.

12.2.19.2 Definitions

(a) Unles s the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.2.19. When a term is not defined in these paragraphs, it shall have the meaning given in Section 0, Section 12.4, or the Act.

(1) “Actu als PAL for a major stationary source” means a PAL based

on the baseline actual emissions of all emissions units at the source that emit, or have the potential to emit, the PAL pollutant.

(2) “ Allowable emissions” means “allowable 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 emission limitations that are e nforceable as a practical matter on the emissions unit’s p otential to emit.

(3) “Major emissions unit” means:(A) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollutant in an attainment area;

or

(B) Any emissions unit that emits, or has the potenti al to emit, the PAL pollutant in an amount that is equal 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 po llutant at a major stationary source that is enforceable as a pra ctical matter and established source

- 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. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and b egins to emit the PAL pollutant.

(6) “ PAL effective period” means the period beginning with the PAL effective date and ending ten (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 method of operation of, the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(8) “ PAL pollutant” means the pollutant for which a PAL is esta blished at a major stationary source.

(9) “ Significant emissions unit” means 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 significant level as defined in these AQRs or the Act, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major

emissions unit.

(10) “ Small emissions unit” mea ns 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.12.2.19.3 Permit Application Requirements

As part of a an application for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, si gnif icant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal, state or county applicable requirements, emission limitations, or work practi ces apply to each unit;

(b) Calculations of the baseline actual emissions (with supporting doc umentation). Baseline actual emissions are to include emissions ass ociated not only with operation of the unit, but also emissions ass ociated with startup, shutdown, and malfunction; and

(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rol ling total for each month as required by paragraph (a) of Section

12.2.19.1 3.

12.2.19.4 General Requirements for Establishing PALs

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

(1) The PAL shall impose an annual emission limitation, in tpy, that is enforceable as a practical matter, for the entire major stati onary source. For each month during the PAL effective period a fter the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month du ring 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 emissions 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 participation requirements in Section

12.2.19.5.

(3) The Authority to Construct Permit shall contain all the requir ements of Section 12.2.19.7.(4) The PAL shall include fugitive emissions, to the extent quanti fi able, 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 emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major 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 unit under the PAL through the PAL effective period.

(b) At no time during or after the PAL effective period are emissions r eductions of a PAL pollutant which occur during the PAL effective p eriod 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 reductions would be creditable in the
absence of the PAL.

12.2.19.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or increased through the public participation 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 source 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 pollutant under these AQRs or under the Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24

- month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24

- month period may be used for each different PAL pollutant. 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 sp ecify a reduced PAL level(s) (in tpy) in the Authority to Construct Pe rmit, to become effective on the future compliance date(s) of any a ppli cable federal or state regulatory requirement(s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (this does not include modifications to

ex isting units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actual emissions as specified inparagraph (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

Th e contents shall include the information in paragraphs Section 12.2.19.7 (a) through (j) as listed below:

(a) The PAL pollutant and the applicable source

- wide emission limitation in tpy.

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

(c) Specification in the permit that if a major stationary 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 e xpire at the end of the PAL effective period. It shall remain in effect until a revised Part 70 Operating Pe rmit is issued by the Control Officer;

(d) A requirement that emission calculations for compliance purposes i nclude emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stati onary source is subject to the requirements of Section 12.2.19.9;

(f) The calculation procedures 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 stationary source owner or operator

monitor all emissions units in accordance with the provisions under Section 12.2.19.12;

(h) A requirement to retain the records required under Section

12.2.19.13 on

- site. Such records may be retained in an electronic format;

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

(j) Any other requirements that the Control Officer deems necessary to implement and enforce the PAL conditions.12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit

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

(a) PAL Effective Period. The Control Officer shall specify a PAL effe ctive period of ten (10) years from the date of issuance.

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

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

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

(B) Reduce the PAL if the owner or operator of the major st ationary 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 pr ovided under Section 12.2.19.11.

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

(A) Reduce the PAL to reflect newly applicable federal r equirements with compliance dates after the PAL effective

date.

(B) R educe the PAL consistent with any other requirement that is enforceable as a practical matter, and that the Control Officer may impose on the major stationary source under

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a r eduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air quality

- related value that has been identified for a federal 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 Se ction 12.2.19.8 for the correction of typographical/calculation e rrors 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 accordance with the procedures in Section 12.2.19.10 shall expire at the end of the PAL effective period, and the r equirements 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 u nder 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 specified for PAL renewals in paragraph (b) of Section 12.2.19.10, the major stationary source shall submit a proposed allowable emission limitation for each emi ssions unit (or each group of emissions units, if such a distrib ution is more appropriate as decided by the Control Officer) by distributing the PAL allowable emissions for the affected major stationary source among each of the emissions units that e xisted under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL e ffective period, as required under paragraph (e) of Section 12.2.19.10, such distribution shall be made as if the PAL had been adjusted

.

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

(b) Each emissions unit(s) shall comply with the allowable emission lim itation on a 12

- month rolling basis. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limit ation.

(c) Until the Control Officer issues the 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 shall continue to comply with a source

- wide,

multi

- unit emissions cap equivalent to the level of the PAL emission

limitation.(d) Any physical change in, or change in the method of operation at, the major stationary source will be subject to major NSR requirements if such change meets the definition 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 elim inated by the PAL in accordance with 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 specified in Sections 12.2.19.5 and 12.4 in approving any request to renew the PAL cond itions in a Part 70 Operating Permit, and will provide both the pr oposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by

the Control Officer.

(b) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Control Officer to request r enewal 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 containing the PAL. This deadline for appl ication 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 application to renew the PAL conditions in a Part 70 Operating Permit within this time period, then the PAL conditions shall continue to be effective until the revised permit with

the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL cond itions shall be incorporated into the application for renewal of the a ffected Part 70 Operating Permit, and shall contain the information required in paragraphs (c)(1) through (c)(4) of Section 12.2.19.10:

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

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with supporting documentation); and(4) Any other information the owner or operator wishes the Control Officer to consider in determining the appropriate level for r enewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will consider the options outlined in par agraphs (d)(1) and (d)(2) of this Section 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 may renew the PAL at the same level without considering the factors set forth in paragraph (d)(2) of Section 12.2.19; or

(2) The Control Officer may set the PAL at a level that he dete rmines to be more representative of the source’s baseline actual emissions, or that he or she determines to be appropriate cons idering air quality needs, advances in control technology, anti cipated economic growth in the area, desire to reward or encou rage the source’s voluntary emissions reductions, or other factors as specifically identified by the Control Officer in his or

her written rationale.

(3) Not withstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stationary source is less than the PAL, the Control Officer shall adjust 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 the 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 the PAL effective period, and if the Control Officer has not already adjusted for such requirement, the PAL shall be adjusted at the time the affected Part 70 Operating

Permit is renewed.

12.2.19.11 Increasing a PAL during the PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (a)(1) through (a)(4) of Section 12.2.19.11:(1) The owner or operator of the major stationary source shall su bmit a complete application to request an increase in the PAL li mit as a significant revision to the affected Part 70 Operating Permit. Such application shall identify the emissions unit(s) co ntributing 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, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls), plus

the sum of the allowable emissions of the new or modified emi ssions unit(s), exceeds the PAL. The level of control that would

result from BACT

- equivalent controls on each signif icant or m ajor emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the precedin g 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 p aragraph (a)(1) of Section 12.2.19.11, regardless of the magn itude of the emissions increase resulting from them. The emi ssions unit(s) shall comply with any emissions requirements resulting from the Authority to Construct Permit issuance process, even though it has also become subject 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 emi ssions unit that is part of the significant permit revision becomes operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the a llowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls as determined in accordance with paragraph (a)(2) of Section 12.2.19.11), plus the sum of the baseline actual emissions of the

small emissions units.(c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level pursuant to the public notice requir ements of Section 12.2.19.5.

12.2.19.12 Monitoring Requirements for PALs

(a) General Requirements

(1) The PAL c onditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that acc urately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system auth orized for use in the PAL conditions must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information ge nerated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL co nditions.

(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 paragraphs (b)(1) through (b)(4) of Section 12.2.19.12, and must be approved by the Control Offi cer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL monitoring system may also employ 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 system that meets the requirements
of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring a pproaches when conducted in accordance with the minimum requir ements in paragraphs (c) through (i) of Section 12.2.19.12:

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

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.(c) Mass Balance Calculations. An owner or operator using mass ba lance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published co ntent of the PAL pollutant 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 the 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 used 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 site

specific monitoring program to support another content within the range.

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

(1) The CEMS must comply with applicable performance specific ations 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 the emissions unit is operating.

(e) CPMS or PEMS. An ow ner or operator using a CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(1) The CPMS or PEMS must be based on current site

- specific data demonstrating a correlation between the monitored param eter(s) and the PAL pollutant emissions across the range of o peration 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 i nterval approved by the Control Officer, while the emissions unit is operating.

(f) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements:(1) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ deve lopment;

(2) The emissions unit shall operate 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 within six (6) months of permit i ssuance unless the Control Officer determines that testing is not required.

(g) A source owner or operator must record and report maximum pote ntial emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for d etermining 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 param eter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit i ssuance:

(1) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably est imated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored p arameter(s) and the PAL pollutant emissions is a violation o f the

PAL.

(i) Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Control Officer. Such testing must occur at least once every five (5) years after issuance of the Part 70 Opera ting 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 dete rmine compliance with any requirement of Section 12.2.19 and of thePAL, including a determination of each emissions unit’s 12

- month rol ling total emissions, for five (5) years 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 d uration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 70 Operating Permit and any applications for revisions to the a ffected Part 70 Operating Permit relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the cond itions in the affected Part 70 Operating Permit and the data r elied on in certifying the compliance.

12.2.19.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the Control Officer, in accordance with the co ndi tions in the affected Part 70 Operating Permit. The reports shall meet the requirements in paragraphs (a) through (c) o f 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 par agraphs (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 t otal for each month in the reporting period recorded pursuant to paragraph (a) of Section 12.2.19.14;

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

(4) A list of any emissions units modified or added to the major st ationary source during the preceding 6- month period;

(5) The number, duration, and cause of any deviations or monito ring 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 monitoring system, wh ether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system willbe fully operational or replaced with another monitoring system, whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined 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

tr uth, 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 deviation reports shall be submitted within the time limits prescribed by the affected Part 70 Operating Permit. The reports shall contain the following information:

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

(2) The PAL requirement that experienced 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 completion 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 regulations incorporating these requir ements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established prior to the date of appro val of the Nevada SIP by the Administrator with a PAL that complies with the requirements of Sections 12.2.19.1 through 12.2.19.15.12.2.20 Invalidation

If any provision of Section 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 persons 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.

# SECTION 12.2 : CLEAN COPYSECTION 12.2: PERMIT REQUIREMENTS FOR MAJOR SOURCES IN ATTAINMENT
AREAS (PREVENTION OF SIGNIFICANT DETERIORATION)

12.2 Prevention of Significant Deterioration in Attainment Areas

................................ . 1

12.2.1 Applicability Procedures

....................................................................... 1

12.2.1.1 Preconstruction Review Requirements

........................... 1

12.2.1.2 Construction of Major Stationary Sources or

Modifications

................................................................... 1

12.2.1.3 Authority to Construct Permit Requirement

..................... 1

12.2.1.4 Projec ts

........................................................................... 1

12.2.1.5 Major Sources with Plantwide Applicability Limitations

... 2

12.2.1.6 Existing Emission Unit 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 Increments

...................................................................... 26

12.2.4 Ambient Air Ceilings

........................................................................... 27

12.2.5 Restrictions On Area Classifications

................................................... 27

12.2.5.1 Class I Areas

................................................................ . 27

12.2.5.2 Redesignation of Class I Areas

..................................... 27

12.2.5.3 Class II Areas

................................................................ 27

12.2.5.4 Redesignating Areas

..................................................... 27

12.2.5.5 Exclusions from Increment Consumption

...................... 28

12.2.6 Redesignation

.................................................................................... 29

12.2.6.1 Clark County

................................................................ . 29

12.2.6.2 Requirements

................................................................ 29

12.2.6.3 Reserved

....................................................................... 31

12.2.6.4 Administrator Approval

.................................................. 31

12.2.6.5 Resubmitting Disapproved Proposal

............................. 31

12.2.7 Stack Heights

..................................................................................... 31

12.2 .7.1 Emission Limitation

....................................................... 31

12.2.7.2 Time Frame

................................................................... 31

12.2.7.3 Stack Height Limitation

................................................. 32

12.2.8 Exemptions

......................................................................................... 35

12.2.8.1 Nonattainment Areas

.................................................... 35

12.2.8.2 Class I Areas

................................................................ . 36

12.2.8.3 Class II Areas

................................................................ 36

12.2.8.4 Threshold Limits

............................................................ 36

12.2.9 Control Technology Review

................................................................ 37

12.2.9.1 Major Stationary Sources

.............................................. 37

12.2.9.2 Major Modifications

....................................................... 37

12.2.9.3 Phased Construction Projects

....................................... 37

12.2.10 Source Impact Analysis

...................................................................... 37

12.2.10.1 Demonstration of Impact

............................................... 3712.2.10.2 Violation of Standard

..................................................... 38

12.2.11 Air Quality Models

.............................................................................. 38

12.2.11.1 Model Applicability

........................................................ 38

12.2.11.2 Model Modifications and Substitutions

.......................... 38

12.2.12 Air Quality Analysis

............................................................................. 39

12.2.12.1 Preapplication Analysis

................................................. 39

12.2.12.2 Post- Construction Monitoring

........................................ 40

12.2.12.3 Operations of Monitoring Stations

................................ . 40

12.2.13 Source Information

............................................................................. 40

12.2.13.1 Required Information

..................................................... 40

12.2.13.2 Information on Air Quality Impacts

................................ 40

12.2.14 Additional Impact Analyses

................................................................ 41

12.2.14.1 Visibility, Soils, and Vegetation

..................................... 41

12.2.14.2 Commercial, Residential, Industrial, and Other Growth 41

12.2.15 Additional Requirements for Sources Impacting Class I Areas

.......... 41

12.2.15.1 Notice to EPA

................................................................ 41

12. 2.15.2 Federal Land Manager

.................................................. 41

12.2.15.3 Impact of Denial on Air Quality

- Related Values

............ 42

12.2.15.4 Class I Variances

.......................................................... 42

12.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s Concurrence

................................................ 43

12.2.15.6 Variance by the Governor with the President’s

Concurrence

................................................................ . 43

12.2.15.7 Emission Limitations for Presidential or Gubernatorial

Variance

........................................................................ 43

12.2.16 Public Participation

............................................................................. 44

12.2.16.1 Notice of Proposed Action

............................................. 44

12.2.16.2 Distribution of Notice

..................................................... 46

12.2.16.3 Public Hearings

............................................................. 46

12.2.16.4 Time Frame

................................................................... 46

12 .2.16.5 Comments and Approvals

............................................. 46

12.2.16.6 Enhanced Public Participation Procedures

................... 47

12.2.17 Source Obligation

............................................................................... 47

12.2.17.1 Enforcement

.................................................................. 47

12.2.17.2 Termination

................................................................... 47

12.2.17.3 Compliance

................................................................... 48

12.2.17.4 Relaxation in Enforceable Limitations

........................... 48

12.2.18 Innovative Control Technology

........................................................... 48

12.2.18.1 Request for Approval

.................................................... 48

12.2.18.2 Requirements for Approval

........................................... 48

12.2.18.3 Withdrawal of Approval

................................................. 49

12.2.18.4 BACT Extension for Failure or Withdrawal

.................... 49

12.2.19 Plantwide Applicability Limits (PALs)

.................................................. 49

12.2.19.1 Applicability

................................................................... 50

12.2.19.2 Definitions

..................................................................... 50

12.2.19.3 Permit Application Requirements

.................................. 5212.2.19.4 General Requirements for Establishing PALs

............... 52

12.2.19.5 Public Participation Requiremen ts for PALs

.................. 53

12.2.19.6 Setting the 10

- year Actuals PAL Level

.......................... 53

12. 2.19.7 Contents of a Part 70 Operating Permit Containing a PAL

...................................................................................... 54

12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit

...................... 55

12.2.19.9 Expiration of a PAL

....................................................... 56

12.2.19.10 Renewal of a PAL

......................................................... 57

12.2.19.11 Increasing a PAL during the PAL Effective Period

........ 58

12.2.19.12 Monitoring Requirements for PALs

............................... 60

12.2.19.13 Recordkeeping Re quirements

....................................... 62

12.2.19.14 Reporting and Notification Requirements

...................... 63

12.2.19.15 Transition Requirements

............................................... 64

12.2.20 Invalidation

......................................................................................... 65

LIST OF TABLES

Table 12.2

- 1. Increment Limits

................................................................................. 26

Table 12.2

- 2. Air Quality Impact Limits

..................................................................... 36

Table 12.2

- 3. Significance Levels

............................................................................. 38

Table 12.2

- 4. Maximum Allowable Pollutant Increases

............................................ 42

Table 12.2

- 5. Maximum Allowable Increase (μg/m 3 )

................................................ 4412.2 Prevention of Significant Deterioration 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 exis ting major stationary source, within the limits 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 Stationary Sources or Modifications

The requirements of Sections 12.2.9 through 12.2.17 apply to the constru ction of any new major stationary source, or the major modification of any e xisting major stationary source, except as Section 12.2 otherwise provides.

12.2.1.3 Authority to Construct Permit Requirement

No new major stationary source or major modification to which the requir ements of Sections 12.2.9 through 12.2.17 apply shall begin actual constru ction without an Authority to Construct Permit issued pursuant to Section 12.4 that states that the major stationary 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 principles set out in paragraphs (a) through (e) below:

(a) Except as otherwise provided in Section 12.2.1.5, a project is a major modification for a regulated NSR pollutant if it causes two (2) types of emissions increases: a significant emissions increase, and a signif icant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions i ncrease.

(b) The procedure for calculating (before beginning actual construction) whether a significant emissions increase will occur depends upon the type of emissions units being added or modified as part of the project, according to paragraphs (c) through (e) of Section 12.2.1.4. The procedure for calculating (before beginning actual construction) whether a significant net emissions increase will occur at the majorstationary source is contained in the definition of net emissions i ncrease. Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions i ncrease and a significant net emissions increase.

(c) Actual

- to

- Projected

- Actual Applicability Test for Projects that only involve Existing Emissions Units. A significant emissions i ncrease of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions for each existing emissions unit equals or exceeds the significant amount for that pollutant.

(d) Actual

- to

- Potential Test for Projects that Only Involve Constru ction of a New Emissions Unit(s). A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emi ssions of these units before the project equals or exceeds the signif icant amount for that pollutant.

(e) Hybrid Test for Projects That Involve Multiple Types of Emi ssions Units. A significant emissions increase 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 applicable with respect to each emi ssions unit, equals or exceeds the significant amount for that pollutant.

12.2.1.5 Major Sources with Plantwide Applicability Limitations

For any major stationary source for a Plantwide Applicability Limitation (PAL) for a regu lated NSR pollutant, the major stationary source shall com ply with the requirements under Section 12.2.19.

12.2.1.6 Existing Emission Unit Projects

The provisions of this paragraph apply when a project occurs at an existing emissions unit at a major stationary sou rce, other than a source with a PAL, and the project is not a part of a major modification, and the owner or oper ator elects to use the method specified in paragraphs (1)(A

- D) of the defin ition of projected actual emissions, found in Section 12.2.2(nn).

(a) B efore beginning actual construction of the project, and as a cond ition of the source's Authority to Construct Permit, the owner or oper ator shall document and maintain a record of the following information:

(1) A description of the project;(2) Identification of the emissions unit(s) whose emissions of a r egu lated 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 modification for any regulated NSR poll utant, including the baseline actual emissions, the projected a ctual emissions, the amount of emissions excluded under par agraph (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 existing emissions unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in Section 12.2.1.6(a) to the Control Officer. Not hing in th is paragraph shall be construed to require the owner or ope rator of such a unit to obtain any determination from the Control Offi cer before beginning actual construction.

(c) The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that are emitted by any emissions unit identified 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 following resumption of regular operations after the change, or for a period of ten (10) years following r esumption of regular operations after the change if the project i ncreases the design capacity of or potential to emit that regulated NSR pollutant at any emissions unit.

(d) If the emis sions unit is an existing electric utility steam generating unit, the owner or operator shall submit a report to the Control Officer within sixty (60) days after 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 during the calendar year that pr eceded submission of the report.

(e) If the emissions unit is an existing emissions unit other than an ele ctric 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 maintained pursuant to Section 12.2.1.6(a)(3)) by a significant amount for that regulated NSR pollutant, and if such emissions differ from the projected actual emissions (prior to exclusion of the amount of emissions under the definition of projected actual emissions) as documented and maintained pursuant to Section 12.2.1.6(a)(3). Such report shall be submitted to the Co ntrol Officer within sixty (60) days after the end of such year. The r eport shall contain the following:(1) The name, address, and telephone number of the major stati onary source;

(2) The annual emissions, as calculated pursuant to Sectio n 12.2.1.6(c); and

(3) Any other information that the owner or operator wishes to i nclude in the report (e.g., an explanation as to why the emissions differ from the preconstruction 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 considered in determining whether a st ationary source would qualify as a major stationary source. If a stationary source is subject to Section 12.2 on the basis of the direct emissions from the stationary source, the requirements 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 shall 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 which the emissions unit actually emitted the regulated NSR pollutant 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 different time period upon a determin ation that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual o perating hours, production rates, and ty pes of materials processed, stored, or combusted during the selected time p eriod.(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 emissions shall equal the potential to
emit of the unit on that date.

(4) This definition shall not apply for calculating whether a signif icant emissions increase has occurred, or for establishing a PAL.

I nstead, projected actual emissions and baseline actual emi ssions shall apply for those purposes.

(b) “ Allowable emissions” means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to practicably enforceable limits which restrict the operating rate, or hours of operation, or both) and the

most strin gent of the following:

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

(2) Any applicable emission limitation 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 the rate of emissions, in tpy, of a regulated NSR pollutant, as determined in accordance with par agraphs (1) through (4) of this definition.

(1) For any existing electric utility steam generating unit, baseline actual emissions means the average 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 the project. The Control Officer shall allow the use of a different time period upon a determin ation that it is more representative of normal source operation.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable, and emissions associated with startups and shutdowns, except emissions from a shutdown ass ociated with a malfunction.

(B) The average rate shall be adjusted downward to exclude

any non

- compliant emiss ions that occurred while thesource was operating above any emission limitation that was legally enforceable during the consecutive 24

- month period.

(i) The average rate shall be adjusted downward to e xclude 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 def inition of net emissions increase, the particular date is the date on which the particular change occurred. However, if an emission limitation is part of a Max imum Achievable Control Technology standard that 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 attai nment demonstration or main tenance plan, consi stent with the requirements of 40

CFR 51.165(a)(3)(ii)(G).

(C) 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 emissions units being changed. A diffe rent consecutive 24

- month period can be used for each r egulated NSR pollutant.

(D) 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)(B) of this defin ition.

(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 the emissions unit actually emitted the pollutant during any consecutive 24

- month period selected by the owner or operator within the 10

- year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit appl ication is received by the Control Officer for a permit required under these regulations, whichever is earlier, except that the10

- year period shall not include any period earlier than Nove mber 15, 1990.

(A) The average rate shall include fugitive emissions to the e xtent quantifiable.

(B) The average rate shall include emissions associated with startups and shutdowns, except emissions from a shu tdown associated with a malfunction.

(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 consecutive 24

- month period.

(D) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission lim itation with which the major stationary source must curren tly comply had such major stationary source been required to comply with such limitations during the consecutive 24

- month period. For the purposes of determining baseline

act ual emissions for contemporaneous changes pursuant to paragraph (ii)(1)(B) of the definition of net emissions i ncrease, the particular date is the date on which the partic ular change occurred. However, if an emission limitation is part of a Maximum Achievable Control Technology sta ndard that 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 determine the baseline actual

emissions for all the emissions units being changed. A di fferent 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 paragraphs (2)(C) and (D) of this

definition.(3) For a new emissions unit, the baseline actual emissions for pu rposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal z ero; and thereafter, for all other purposes, shall equal the unit’s potential to emit.

(4) For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in paragraph (1) of this definition, for other existing emissions units in acco rdance with the procedures contained in paragraph (2) of this d efinition, and for a new emisssions unit in accordance with the procedures contained in paragraph (3) of this definition.

(d) “ Baseline area” means any intrastate area (and every part thereof) designated as attainment or unclassifiable under 40 CFR Part 81 in which the major stationary source or major modification establishing 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 which the minor

source baseline date has been established.

(1) Area redesignations under 40 CFR Part 81 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 A QRs.

(2) Any baseline area established originally for the Total Suspended Particulates (TSP) increments shall remain in effect and shall apply for purposes of determining the amount of available PM 10 increments, except that such baseline 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 minor source baseline date. A bas eline concentration is determined for each pollutant for which a minor source baseline date is established, and shall include:

(A) The actual emissions, representative of sources in exi stence on the applicable minor source baseline date, except as otherwise provided in paragraph (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 operation by the applicable minor

source baseline date.

(2) The following will not be included in the baseline concentration and will affect the applicable maximum 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 a nd decreases at any stati onary 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 generating facility, the owner or operator may select as its basic design parameters either ma ximum hourly heat input and maximum hourly fuel consumption rate, or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specific ations in terms of weight or volume, the minimum fuel quality based on British Thermal Units (Btu) content shall be used for determining the basic design parameter(s) for a coal

- fired ele ctric utility steam generating unit.

(2) Except as provided in paragraph (3) of this definition, the basic design parameter(s) for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat i nput, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximu m rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the prim ary product or primary raw material when selecting a basic design parameter.

(3) If the owner or operator believes the basic design parameter(s) in paragraphs (1) and (2) of this definition is not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Control Officer an alternative basic design parameter(s) for the source’s process unit(s) . If the Control O fficer approves of the use of an alternative basic design param eter(s), the Control Officer shall issue a permit that is legally e nforceable that records such basic design parameter(s) andrequires the owner or operator to comply with such param eter(s).

(4) The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establis hing the magnitude of the basic design 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 determine the process unit’s basic d esign parameter(s) using the maximum value achieved by the process unit in the 5

- year period 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 e xceed any emission limitation, or operational limitation that has the effect of constraining emissions, 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 include, but are not limited to, i nstallation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With r espect to a change in method of operating, this term refers to those

on

- site activities other than preparatory activities which mark the ini tiation of the change.

(h) “ Best Available Control Technology (BACT)” means an emission lim itation (including a visible emissions standard) based on the max imum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major stationary source or m ajor modification which the Control Officer, on a case

- by

- case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modif ication through application of production processes or available m ethods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant.

In n o event shall application of BACT result in emissions of any poll utant which would exceed the emissions allowed by any applicable
standard under 40 CFR Part 60 or 61. If the Control Officer dete rmines that technological or economic limitations on the appli cation of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equi pment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the applic ation of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such d esign, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.

(i) “ Building, structure, facility, or installation” means all of the pollutant

emitting 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 person (or persons under common control) except the activities of any vessel. Pollutant

- emitting activ ities shall be considered as part of the same industrial grouping if they belong to the same major group (i.e., which have the same SIC or

NAICS cod e) as described in either the Standard Industrial Classif ication manual, 1972, as amended by the 1977 supplement or the North American Industrial Classification System manual.

(j) “ Categorical stationary source” means any stationary source of air pollutants t hat belongs to one of the following categories :

(1) Fossil fuel

- fired steam electric 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 incinerators 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;(14) Coke oven batteries;

(15) Sulfur recovery plants;

(16) Carbon black plants (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 combination thereof) totaling more than 250 million Btu per hour heat input;

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

(24) Taconite ore processing plants;

(25) Glass fiber processing plants; and

(26) Charcoal production pl ants.

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

(k) “ Clean coal technology” means any technology, including technol ogies applied at the precombustion, combustion, or postcombustion stage at a new or existing facility, which will achieve significant r edu c tions 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 widespread use as of November 15,

1990.

(l) “ Clean Coal Technology Demonstration Project” means a project u sing funds appropriated under the heading “Department of Energy

Clean Coal Technology,” up to a total amount of $2.5 billion for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the EPA. The federal co ntribution 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 operator has all n ecessary preconstruction approvals or permits, including an Authority to Construct Permit, and either has:

(1) Begun, or caused to begin, a continuous program of actual on

site construction of the source, to be completed within a reaso nable time; or

(2) Entered into binding agreements or contractual obligations,
which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual co nstruction 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 the 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 physical change, or change in the method of operation, including fabrication, erection, 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 Section 12.2 to sample, condition (if a pplicable), analyze, and provide a record of emissions on a continuous

basis.

(q) “ Continuous Emissions Rate Monitoring System (CERMS)” means the total equipment required for the 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 data acquisition and availability r equirements of Section 12.2, to monitor process and control device operational parameters and other information, and to record average

o perational parameter value(s) on a continuous basis.

(s) “ Electric Utility Steam Generating Unit” means any steam electric g enerating unit that is constructed for the purpose of supplying more

than one

- third of its potential electric output capacity, and more than 25 MW electrical output, to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the pu rpose of providing steam to a steam

- electric generator that would produce electrical energy for sale is also consid ered in determining the electrical energy output capacity of the affected facility.(t) “ Emissions unit” means any part of a stationary source that emits, or would have the potential to emit, any regulated NSR pollutant and i ncludes an electric utility steam generating unit. For purposes of Se ction 12.2, there are two types of emissions units, as described in p aragraphs (1) and (2) of this definition:

(1) A "new emissions unit" is any emissions unit which is (or will be) newly constructed and which has existed for less than two (2) years from the date such emissions unit first operated. For the purposes of this definition, the date an emissions unit first ope rated shall not be extended by any shakedown period esta blished 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 r eplacement unit is an existing emissions unit.

(u) “ Federally Enforceable” means all limitations and conditions which
are enforce able by the Administrator.

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

such lands.

(w) “ Fugitive emissions” means those emissions which could not reaso nably pass through a stack, chimney, vent, or other functionally equi valent opening.

(x) “ High terrain” means any area having an elevation 900 feet or more

above the base of the stack of a source.

(y) “ Indian governing body” means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing the power

of self

- government.

(z) “ Indian reservation” means any federally recognized reservation e stablished by treaty, agreement, executive 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 substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions 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 b ased on the following:(1) The most stringent emission limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner or operator of the proposed major stationary source demonstrates that such limitations are not achievable; or

(2) The most stringent emission limitation which is achieved in pra ctice by such class or category of stationary sources. This limit ation, when applied to a modification, 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 applicable new source standard of performance.

For purposes of this definition only, the term “any state” means a state, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and i ncludes the Commonwealth of the Northern Mariana Islands.

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

(dd) “ Major modification” means any physical change in, or change in the method of operation of, a major stationary 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 st ationary source.

(1) Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is si gnificant for volatile organic compounds or nitrogen oxides s hall be considered significant for ozone.

(2) A physical change or change in the 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 Supply and Environmental Coordination Act of 1974 (or any s uperseding legislation), or by reason of a natural gas cu rtailment plan pursuant to the Federal Power Act;

(C) Use of an alternative fuel by reason of an order or rule u nder Section 125 of the Act;(D) Use of an alternative fuel at a steam generating unit, to the extent that the fuel is generated from municipal 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 condition which was established after January 6, 1975 pu rsuant 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 permit i ssued under Section 12 or under regulations a pproved 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 f ederally enforceable permit condition which was established after January 6, 1975, pursuant to 40 CFR 52.21 or under reg ulations approved pursuant to Subpart 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 project complies with:

(i) The Nevada SIP; and

(ii) Other requirements necessary to attain and mai ntain the National Ambient Air Quality Standards du ring the project and after it is terminated.

(I) The installation or operation of a permanent Clean Coal Technology Demonstration Project that constitutes rep owering, provided that the project does not result in an i ncrease in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a poll utant

- by

- pollutant basis; or

(J) The reactivation of a very clean coal

- fired electric utility steam generating unit.(3) This definition shall not apply with respect to a particular reg ulated NSR pollutant when the major stationary source is compl ying with the requirements under Section 12.2.19 for a PAL for that regulated NSR pollutant. Instead, the definition of PAL m ajor modification shall apply.

(4) The fugitive emissions of a major stationary source shall no t 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 and sulfur dioxide, January 6, 1975, and

(2) In the case of nitrogen dioxide, February 8, 1988.

(ff) “Major stationary source”

(1) Means:

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

(B) Notwithstanding the stationary source size oth erwise sp eci fied in paragraph (1) (A) of this definition, any non

categorical stationary source which emits, or has the p otential to emit, 250 tpy or more of a regulated NSR poll utant; or

(C) Any stationary source specified in paragraphs (1)(A) or (1)(B) of thi s definition which emits, or has the potential to emit, Greenhouse Gases (“GHGs”) that are subject to re gulation as defined in 40 CFR § 52.21(b)(49) as of July 20,

2011 ; or

(D) Any physical change that would occur at a stationary source not qualifying under paragraphs (1)(A) or (1)(B) of this definition as a major stationary source, if the change would constitute a major stationary source by itself.

(2) A major stationary source that is major for volatile organic co mpounds or nitrogen oxides shall be co nsidered major for ozone.(3) The fugitive emissions of a stationary source shall not be i ncluded 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 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.

(gg) “Minor source baseline date” means the earliest date after the trigger date on which a major stationary source or a major modification su bject to Section 12 of the AQRs submits 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.

(2) The baseline date is established for each pollutant for which i ncrements or other equivalent measures have been established

if:

(A) The area in which the proposed source or modification would construct is designated as attainment or unclassifi able for the pollutant on the date of its complete application under Section 12.2 of the AQRs; and

(B) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emi ssio ns increase of the pollutant.

(3) Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for pu rposes of determining the amount of available PM 10 increments, except that the Control Officer shall rescind a minor source baseline date where it can be shown, to the satisfaction of the Control Officer, that the emissions increase from the major st ationary source, or net emissions increase from the major modif ication, responsible for triggering that date did not result in a si gnificant amount of PM 10 emissions.

(hh) “ Necessary preconstruction approvals or permits” means those pe rmits or approvals required under air quality control laws and regul ations which are part of the Nevada SIP, these regulations, or feder al air quality control laws and regulations, 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 oper ation, at a stati onary source as calculated pursuant to Sections 12.2.1.4(a) through (e); and

(B) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise credita ble.

(C) For the purposes of calculating 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 t hat definition shall not apply.

(i) For the purposes of calculating increases under p aragraph (1)(B) of this definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual emissions, except as provided in paragraph (1)(C)(iii) of this definition.

(ii) For the purposes of calculating increases under p aragraph (1)(B) of this definition, if the Control Officer determines that there is no sufficiently represent ative time period of actual emissions after a conte mporaneous project, pursuant to Section 12.2.2(a)(1), actual emissions after the contemporaneous project shall be determined as provided in the definition of projected actual emissions.

(iii) For the purposes of calculating decreases under p aragraph (1)(B) of th is definition, actual emissions a fter the contemporaneous project shall be dete rmined as provided in the definition of actual

emissions.

(2) An increase or decrease in actual emissions is contemporan eous with the increase from the particular change only if it occurs between the date five (5) years before construction on the pa rticular 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

t he 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 CFR Part 51, which permit is in effect when the increase in actual emissions from the particular change occurs.

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

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

that:

(A) The old level of actual emissions or the old level of allow able emissio ns, whichever is lower, exceeds the new level of actual emissions;

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

(C) The Control Officer has not relied on it in issuing any pe rmit under Section 12, or any other regulations approved pursuant to 40 CFR Part 51, Subpart I, nor has the state of Nevada relied on it in demonstrating attainment or reaso nable 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 o ccurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown, or any new emissions unit that replaces an existing emissions unit and that requires shakedown, becomes operational only after a reason able shakedown period, not to exceed one hundred eighty (180)

da ys.

(jj) “ Potential to emit” means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restri ctions on hours of operation or on the types or amounts of material combusted, stored, or processed, shall be treated as part of its d esign only if the limitation or the effect it would have on emissions is enforceable as a practica l matter. Secondary emissions do not count in determining the potential to emit of a stationary source.(kk) “ Predictive Emissions Monitoring System (PEMS)” means all of the equipment necessary to monitor process and control device oper ational parameters and other information, and calculate and record the

mass emissions rate on a continuous basis.

(ll) “ Prevention of Significant Deterioration (PSD) Permit” means any permit that is issued under a major source preconstruction permit program that has been approved by the Administrator and incorp orated into the Nevada SIP to implement the requirements of Part C, Subchapter I of the Act.

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

(nn) “ Projected actual emissio ns” means 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) fo llowing the date the unit resumes regular operation after the project, or in any one of the ten (10) years following that date if (1) the project involves increasing the design capacity or potential to emit of any emissions unit for that regulated NSR pollutant, and (2) full utilization of the unit would result in a significant emissions increase or a signi ficant net emissions increase at the major stationary source.

(1) In determining the projected actual emissions (before beginning actual construction), the owner or operator of the major stati onary 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 author ities, and compliance plans under these regulations;

(B) Shall include fugitive emissions to the extent quantifiable;

(C) Shall include emissions associated with startups and shu tdowns except emissions from a shutdown associated with a malfunction; an d

(D) Shall exclude, only for calculating any increase in emi ssions that results from the particular project, that portion of the unit’s emissions following the project that an existing unit could have accommodated during the consecutive 24

- month period used to establish the baseline actual emi ssions and that are also unrelated to the particular project,including any increased utilization 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 stati onary source may elect to use the emissions unit’s potential to emit, in tpy.

(oo) “ Reactivation of a very clean coal

- fired electric utility steam genera ting unit” means any physical change, or change in the method of o peration, asso ciated with commencement of commercial operations by

a coal

- fired utility unit after a period 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 carried in the Clark County emi ssions inventory at the time of enactment;

(2) Was equipped prior to shutdown with a continuous system of emissions control that achieved a removal efficiency for sulfur dioxide of no less than eight y- five (85) percent and a removal e fficiency for particulates of no less than ninety

- eight (98) percent;

(3) Is equipped with low

- NOx burners prior to the time of commen cing operations following reactivation; and

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

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

(1) Any pollutant for which a National Ambient Air Quality Standard has been promulgated and any constituents or precursors ide nti fied by the Administrator;

(2) A ny pollutant that is subject to any standard promulgated under Section 111 of the Act;

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

(4) Any pollutant that otherwise is subject to regulation unde r the

Act as defined in 40 CFR § 52.21(b)(49) as of July 20, 2011 , e xcept that the following pollutants are not regulated NSR poll utants unless the listed pollutant is also regulated as a constituentor precursor of a general pollutant listed under Se c tion 108 of

the Act:

(A) Any or all Hazardous Air Pollutants (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

(B) Any or all substances listed pursuant to Section 112(r)(3)

of the Act.

(qq) “ Replacement unit” means an emissions unit for which all the criteria listed in paragraphs (1) through (4) of this definition are met. No cr editable emission reductions shall be generated from shut ting down the existing emissions unit that is replaced. The criteria are:

(1) The emissions unit is a reconstructed unit within the meaning of

40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

(2) The emissions uni t 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, or permanently barred from operation by a permit that is enforce able as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions

unit.

(rr) “ Repowering” means replacement of an existing coal

- fired boiler with one of the following clean coal technologies: atmospheric or press urized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal

- fired turbines, integrated gasificatio n fuel cells or

— as determined by the Admini str a tor, in consultation with the Secretary of Energy

— a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with i mproved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in wid espread commercial use as of November 15, 1990.

(1) Repowering shall also include any oil and/or gas

- fired unit which

has been awarded Clean Coal Technology DemonstrationProject 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 granted an extension under Section

409 of the Act.

(ss) “ Secondary emissions” means emissions which would occur as a r esult of the construction or operation of a major stationary source or major modification, but do not come from the major stationary so urce or major modification itself. For the purpose of Section 12.2, secon dary emissions must be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off

- site support facility which would not be co nstructed or increase its emissions except as a result of the constru ction or operation of the major stationary source or major modification. Secondary emissions do not inc lude any emissions which come d irectly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

(tt) “Shutdown” means the cessation of operation of any air pollution

con trol equipment or process equipment for any purpose, except ro utine 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 following pollutants, a rate of emissions that would equal or exceed any of the following rates:

• Carbon monoxide: 100 tpy ;

• 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 organic 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 t etra - through octa

- chlorinated dibenzo -p- dioxins and dibenz ofurans): 3.2 x 10 -6 megagrams per year (3.5 x 10 -6 tpy).

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

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

• Municipal solid waste landfills emissions (measured as no nmethane 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 20, 2011

.

(2) “Significa nt” means, in reference to a net emissions increase or a source’s potential to emit a regulated NSR pollutant that is not listed in this definition, any emissions rate.

(3) Notwithstanding the pollutant

- specific significance levels spec ified in this definition “significant” means any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within 10 k ilometers of a Class I area and have an impact on such area equal to or greater than 1 mi crogram per cubic meter (24

- hour average).

(vv) “ Significant emissions increase” means, for a regulated NSR poll utant, an increase in emissions that is significant for that pollutant.

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

(xx) “ Stationary source” means any building, structure, facility, or install ation which emits or may emit a regulated NSR pollutant.(yy) “ Temporary Clean Coal Technology D emonstration Project” means a Clean Coal Technology Demonstration Project that is operated for a period of five (5) years or less, and which complies with the requir ements of these regulations and other requirements necessary to a ttain and maintain the Nat ional Ambient Air Quality 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 shall be limited to the following:

Ta ble 12.2

- 1. Increment Limits

Pollutant Maximum allowable increases ( μg /m 3 )

Class I

Particulate Matter 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 10 , annual arithmetic mean 17

PM 10 , 24

- hr maximum 30

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 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 period, the applicable maximum allo wable increase may be exceeded during one such period per year at any one

location.12.2.4 Ambient Air Ceilings

No concentration of a pollutant shall exceed the concentration permitted u nder the secondary National Ambient Air Quality Standard or the primary N ational Ambient Air Quality Standard, whichever 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 which 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 Areas

Areas which were redesignated as Class 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 otherwise specified in the legislation creating such an area, is initially designated 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 national primitive area, a national preserve, a national recreational area, a national wild and scenic ri ver, a national wildlife refuge, a national lakeshore or seashore; and

(b) A national park or national wilder ness 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 shall be excluded in determining co mpliance with a maximum allowable increase:

(1) Concentrations attributable to the increase in emissions from stationary sources which have converted from the use of petr oleum products, natural gas, or both by reason of an order in e ffect under Section 2(a) and (b) of the Energy Supply and Env ironmental Coordination Act of 1974 (or any superseding legislation) over the emissions from such sources before the e ffective date of such an order;

(2) Concentrations attributable to the increase in emissions from sources which have converted from using natural gas by reason of natural gas curtailment plan in effect pursuant to the Federal

Power Act over the emissions from such sources before the e ffective date of such plan;

(3) Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emissio nrelated activities of new or modified sources;

(4) The increase in concentrations attributable to new sources ou tside the United States over the concentrations attributable to e xisting sources which are included in the baseline concentration;

and

(5) Concentrati ons attributable to the temporary increase in emi ssions of sulfur dioxide, particulate matter, or nitrogen oxides from stationary sources which are affected by plan revisions a pproved by the Administrator as meeting the criteria specified in paragraph (a)(3) of Section 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 exclusion of such concentrations 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 refers or the plan to which par agraph (a)(2) of Section 12.2.5.5, refers, whichever is applicable. If both such order and plan are applicable, no such exclusion shall a pply more than five (5) years after the later of such effective dates.

(c) For purposes of excluding concentrations pursuant to paragraph (a)(5) of Section 12.2.5.5, the Administrator may approve a plan rev ision that:(1) Specifies the time over which the temporary em issions increase of sulfur dioxide, particulate matter, or nitrogen oxides would o ccur. 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 certain contrib utions 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 i ncrement is known to be violated; or

(B) Cause or contribute to the violation of a National Ambient Air Quality Standard.

(4) Requires limitations to be in effect the end of the time period specified in accordance with paragraph (c)(1) of Section 12.2.5.5, which would ensure that the emissions levels from st ationary sources affected by the plan revision would not exceed those levels occurring from such sources before the plan rev ision was approved.

12.2.6 Redesignation

12.2.6.1 Clark County

All areas of Clark County (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 (except as otherwise precluded 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 of Nevada, may submit to the Admi nistrator 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 estab lished in Section 12.2.16;

(2) Other states, Indian Governing Bodies, and Federal Land Ma nagers whose lands may be affected by the proposed redesign ation were notified at least thirty (30) days prior to the public hea ring;(3) A discussion of the reasons for the proposed redesignation, i ncluding a satisfactory description and analysis of the health, e nvironmental, economic, social and energy effects of the pr oposed redesignation, was prepared and made available for public inspection at least thirty (30) days prior to the hearing and the notice announcing the hearing contained appropriate notif ication of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the county, through the state of Nevada, has provided written notice to the appropriate Federal Land Manager and afforded adequate opportunity (not in excess of sixty (60) days) to confer with the county respecting the redesignation and to submit written comments and reco mmendat ions. In redesignating any area with respect to which any Federal Land Manager had submitted written comments and recommendations, the county shall have published a list of any inconsistency between such redesignation and such comments and recommendations (together with 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 r edesignation after consultation with the elected leadership of l ocal and other substate general purpose governments in the area covered by the proposed 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 r edesignation, except any established by an Indian Gover ning Body, has been specifically approved by the county and the governor, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the

le g is lature, if it is not in session (unless state law provides that the redesignation must be specifically approved by state legisl ation), and if general purpose units of local government representing a majority of the residents of the area to be red esignated enact legislation or pass resolutions concurring in the redesignation;

(3) The redesignation would not cause or contribute to a concentr ation of any air pollutant which would exceed any maximum a llowable 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 review under Section 12.2.11, which could receive a permit under Section 12.2 only if the area in question were redesignated as Class III, and any material su bmitted 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 A dministrator will disapprove, within ninety (90) days of submission, a proposed redesignation of any area only if he finds, after notice and oppo rtunity for public hearing, that such redesignation does not meet the proc edural requirements of Section 12.2.6 or is inconsistent with Section 12.2.5. If any such disapproval occurs, the classification of the area shall be that which was in effect prior to the redesignation which was disapproved.

12.2.6.5 Resubmitting Disapproved Proposal

If the Administrator disapproves any proposed redesignation, the county may resubmit the proposal after correcting the deficiencies noted by the

Administrator.

12.2.7 Stack Heights

12.2.7.1 Emission Limitation

The degree of emission limitation required for control of any air pollutant u nder Section 12.2 shall not be affected in any manner by:

(a) So much of the stack height of any source as exceeds good eng ineering practice; or

(b) Any other dispersion technique.

12.2.7.2 Time Frame

Section 12.2.7.1 shall not apply with respect 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 shall not apply to stacks 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 agreements or contractual obligations,
which could not be cancelled or modified without substantial

loss to the owner or o perator, to undertake a program of co nstruction of the stack, to be completed in a reasonable time; or

(3) Coal

- fired steam electric generating units, subject to the prov isions of Section 118 of the Act, which commenced operation b efore July 1, 1975, with stacks constructed under a construction contract awarded before February 8, 1974.

(b) Good engineering practice stack height is calculated 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);

(2) For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all 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 structure, measured from the ground

level elevation at the base of the stack

L = Lesser dimension (height or projected width) of nearby

structure

provided that the EPA, the Control Officer, or a local control agency may require the use of a field study or fluid model to v erify good engineering practice (GEP ) stack height for the source;

or

(4) The height demonstrated by a fluid model or a field study a pproved by the reviewing agency, which ensures that the emi ssions from a stack do not result in excessive concentrations ofany air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or

nea rby terrain obstacles.

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

(A) For purposes of applying the formulae in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, that distance up to five (5) times the lesser of the height or the width dimen sion 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 e xception is that the portion of a terrain feature may be co nsidered 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 the stack. The height shall be at least fo rty (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.

(6) “Excessive concentrations” means, for the purpose of determi ni ng GEP stack height under paragraph (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

- level concentration due to emissions from a stack due in whole or in part to dow nwash, wakes, and eddy effects produced by nearby stru ctures or nearby terrain features which individually is at least forty (40) percent in excess of the maximum conce ntration experienced in the absence of such downwash,

wa kes, or eddy effects, and which 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 concentr ation alternatively means a maximum ground

- level conce ntration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is a t least forty (40) percent in excess of the maximum conce ntration experienced in the absence of such downwash,wakes, or eddy effects, and greater than the applicable

maximum allowable increase contained in Section 12.2.3. The allowable emissions rate to be used in making de monstrations under paragraph (b)(4) of Section 12.2.7.3 shall be prescribed by the new source performance sta ndard which is applicable to the source category unless the owner or operator demonstrates that this emission rate is
infeasible . Where such demonstrations are approved by the Control Officer, an alternative emission rate shall be established in consultation with the source owner or oper ator;

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

(i) A maximum ground

- level concentration due in whole or in part to downwash, wakes, or eddy e ffects 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; or

(ii) The actual presence of a local nuisance caused by the existing stack, as determined by the Control O fficer.

(C) For sources seeking credit 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 fluid model to verify GEP stack height; for sources seeking stack height credit after N ovember 9, 1984, based on the aerodynamic influe nce of cooling towers; and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic infl uence of structures not adequately represented by the e qua tions in paragraphs (b)(2) and (b)(3) of Section 12.2.7.3, a maximum ground -l evel concentration due in whole or in part to downwash, wakes, or eddy effects that is at least forty (40) percent in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

(c) The degree of emission limitation required of any source after the r espective 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 stackheight that exceeds good engineering practice, or by any other di spersion techn ique.

(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 e ngineering practice stack height that exceeds the height allowed by paragraph (b) of Section 12.2.7.3, the 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 or major modification would be a no nprofit health or nonprofit educational institution, or the major modific ation would occur at such an institution; or

(b) Th e source is a portable stationary source which has previously r eceived a permit, and:

(1) The owner or operator proposes to relocate the major stationary source, and emissions of the major stationary source at the new location would be temporary;

(2) The emission s from the major stationary source would not e xceed its allowable emissions;

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

(4) Reasonable notice is given to the Control Officer prior to the r elocation 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 a dvance of the proposed relocation unless a different time duration is previously approved by the Control Officer.

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 modification with respect to a particular

po l luta nt if the owner or operator demonstrates that, as to that pollutant, the major stationary source or major modification is located in an area desi gnated 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 partic ular pollutant if the allowable emissions of that pollutant from the major st ationary source or the net emissions increase of that pollutant from the major

m odification: (a) Would impact no Class I area and no area where an applicable i ncrement is known to be violated; and

(b) Would be temporary.

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 of each regulated NSR po llutant 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 modif ication from the requirements of Section 12.2.12, with respect to monitoring for a particular pollutant, if:

(a) The emissions increase of the pollutant from the new source, or the net emissions increase of the pollutant 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 10, 24

- hour average 10

Sulfur dioxide, 24

- hour average 13

Ozone No de minimis air quality level is provided for ozone. Ho wever, 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 10Pollutant Emissions Increase (μg/m 3 )

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 stati onary source or major modification would affect are less than the co ncentrations listed in paragraph (a) of Secti on 12.2.8.4; or

(c) The pollutant is not listed in paragraph (a) of Section 12.2.8.4.

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 shall apply BACT for each regulated NSR pollutant that it would have the potential 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 phys ical 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 r eviewed and modified as appropriate at the latest reasonable time which o ccurs no later than eighteen (18) months prior to commencement of constru ction of each independent phase 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 determination of BACT for the source.

12.2.10 Source Impact Analysis

12.2.10.1 Demonstration of Impac t

The owner or operator of the proposed major stationary source or major

modification shall demonstrate that allowable emissions increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including 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 co ncentration in any area.

12.2.10.2 Violation of Standard

A major stationary source or major modification will be considered to cause or contribute to a violation of a National Ambient Air Quality Standard when such source or modification would, at a minimum, exceed the significance

levels listed in Table 12.2

- 3 at any locality that does not (or would not) meet the applicable national standard.

Table 12.2

- 3. 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

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 Mo dels”).

12.2.11.2 Model Modifications and Substitutions

Where an air quality model specified in 40 CFR Part 51, Appendix W (“Guideline on Air Quality Models”) is inappropriate, the model may be mo dified 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 the Administrator must be obtained for any modification or substitution. In addition, use of a modified or substituted model must be subject to notice and opportunity for public comment under procedures developed in accordance with Section 12.2.16.12.2.12 Air Quality Analysis

12.2.12.1 Preapplication Analysis

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

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

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

(b) With respect to any such pollutant for which no National Ambient Air Quality Standard exists, the analysis shall contain such air qual ity monitoring data as the Control Officer determines is necessary to a ssess ambient air quality for that pollutant in any area that the emi ssions of that pollutant would affect.

(c) With respect to any such pollutant (other than nonmethane hydroca rbons) for w hich such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of d etermining whether emissions of that pollutant would cause or contr ibute to a violation of the standard or any maximum allowable i ncrease.

(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 preceding receipt of the application; except that, if the Control Officer determines that a complete and adequate analysis can be accomplished with monitoring data g athered over a period shorter than one (1) year (but not to be less than four (4) months), the data that is required shall have been gathered over at least that shorter period.

(e) The owner or operator of a proposed new stationary source or mo dification of an existing stationary source of volatile organic co mpounds who satisfies all conditions of 40 CFR Part 51, Appendix S, Section IV may provide post

- approval monitorin g data for ozone in lieu of providing preconstruction data as required under Section

12.2.12.1.

(f) With respect to any requirements for air quality monitoring of PM 10 , the owner or operator of the major stationary source or major modif ication shall use a monitoring method approved by the Administrator
and shall estimate the ambient concentrations of PM 10 using the datacollected by such approved monitoring method in accordance with estimating procedures approved by the Control Officer.

12.2.12.2 Post

- Construction Monito ring

The owner or operator of a major stationary source or major modification shall, after construction of the major stationary source or major modification, conduct such ambient monitoring as the Control Officer determines is n ecessary 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 stationary source or major modification shall meet the requirements of 40 CFR Part 58, Appendix B during the o peration of monitoring stations for purposes of satisfying Section 12.2.12.

12.2.13 Source Information

The owner or operator of a proposed major stationary source or major mo dification shall submit all inform ation 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 source or major modification to which Sections 12.2.9, 12.2.11, 12.2.13, and 12.2.15 apply, such info rmation shall

include:

(a) A description of the nature, location, design capacity, and typical o perating schedule of the major stationary source or major modification, including specifications and drawings 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 what system of continuous emission r eduction is planned for the major stationary source or major modific ation, emission estimates, and any other information necessary to d etermine that BACT would be applied.

12.2.13.2 Information on Air Quality Impacts

Upon request of the Control Officer, the owner or operator shall also provide

information on:(a) The air quality impact of the major stationary source or major modif ic ation, including meteorological and topographical data necessary to estimate such impact; and

(b) The air quality impacts, and the nature and extent of any or all ge neral commercial, residential, industrial, and other growth which has occurred since the major source baseline 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 shall provide an analysis of the impairment to visibil ity, soils, and vegetation that would occur as a result of the proposed major stationary source or major modification, and general commercial, reside ntial, industrial and other growth associated 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 commercial 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 pr ojected 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 for 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 stationary source or major modification, and provide notice to the Administrator of every action related to the consider ation of such permit.

12.2.15.2 Federal Land Manager

The Federal Land Manager and the federal official charged with direct r esponsibility for management of Class I lands have an affirmative responsibi lity to protect the air quality

- related values (including visibility) of any such lands and to consider, in consultation with the Administrator, whether a pr oposed source or modification would have an adverse impact on such va lues. The Control Officer shall consult with the Federal Land Manager on a proposed major stationary source or major modification that may impact v isibility in any Class I Area, in accordance with 40 CFR 51.307.12.2.15.3 Impact of Denial on Air Quality

- Related Values

A Federal Land Manager of any Class I lands may present to the county, a fter the Control Officer’s preliminary determination (required under proc edures developed in accordance with Section 12.2.16), a demonstration that the emissions from the proposed source or modification would have an a dverse impact on the air quality

- related values (including visibility) of any fe deral mandatory Class I lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause

or contribute to concentrations which would exceed the maximum allowable increases for a Class I area. If the county, through the state of Nevada, co ncurs with such demonstration, the Control Officer shall not issue the permit.

12.2.15.4 Class I Variances

The owner or operator of a proposed source or modification may demo nstrate to the Federal Land Manager that the emissions from such source would have no adverse impact on the air quality

- related values of such lands (including visibility), notwithstanding that the change in air quality r esulting from emissions from such source or modification would cause or

contribute to concentrations which would exceed the maximum 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 requirements are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the fo llowing maximum allowable increases over baseline concentration for such pollutants.

Table 12.2

- 4. Maximum Allowable Pollutant Incr eases

Pollutant Maximum allowable increase ( μ g/m 3 )

Particulate Matter:

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 2512.2.15.5 Sulfur Dioxide Variance by Governor with Federal Land Manager’s
Concurrence

(a) The owner or operator of a proposed source or modification which cannot be approved under procedures developed pursuant to Se ction 12.2.16 may demonstrate to the governor, through the Control Officer, that the source or modification cannot be constructed by re ason of any maximum allowable increase 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 governor, after consideration of the Federal Land Manager’s recommendation (if any) and subject to his concurrence, may grant, after notice and an opportunity for a public hearing, a variance from such maximum allowable increase.

(c) If such variance is granted, the Control 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 requir ements of the Nevada SIP are otherwise met.

12.2.15.6 Variance by the Governor with the President’s Concurrence

(a) The recommendations of the Control Officer, through the governor, and the Federal Land Manager shall be transferred to the president in any case where the governor recommends a variance in which the Federal Land Manager does not concur.

(b) The president may approve the governor’s recommendation if he

finds that such variance is in the national interest.

(c) If such a variance is approved, the Control Officer may issue a permit in accordance with provisions developed pursuant to the requir ements of Section 12.2.16, provided that the applicable require ments
of the Nevada SIP are otherwise met.

12.2.15.7 Emission Limitations for Presidential or Gubernatorial Variance

In the case of a permit issued under procedures developed pursuant to Se ction 12.2.16, the source or modification shall comply with emission limit ati ons as may be necessary to assure that 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 exceed the maximum allowable increases

over the baseline concentration shown in Table 12.2

- 5, and to assure that

such emissions would not cause or contribute to concentrations which e xceed the otherwise applicable maximum allowable increases for periods of

expo sure 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 (μg/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 Officer notifies the applicant by cert ified mail that the application is deficient and not comple te. In the event of a deficiency, the date of receipt of the application shall be the date on which the Control Officer received all required inform ation.

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

(1) Make a prelim inary determination whether construction should be approved, approved with conditions, 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 d etermination, and a copy or summary of other materials, if any, considered in making the preliminary determination.

(c) After receipt of a complete application 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 general circulation within Clark Cou nty, Nevada, within each region in which the proposed source would be constructed, and on the department's web site a Notice of Pr oposed Action on the application containing the following:

(1) The date of the department’s receipt of the completed applic ation;

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

(3) For an Authority to Construct Permit reviewed pursuant to Se ction 12.2, a summary of the following:(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 increments to be consumed by the source, as determined und er Section 12.2.3.

(4) For an Authority to Construct Permit reviewed pursuant to Se ction 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 a pplication.

(5) The department’s preliminary determination of whether the a pplication should be approved 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 contribute to a violation of a N ational Ambient Air Quality Standard, a PSD increment identified in Section 12.2.3, or otherwise violate any provisions of the N evada SIP;

(8) The total PTE of each regulated NSR pollutant, as appl icable;

(9) An opportunity for any person to submit written comments on the application and any documents relevant to the application;

and

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

(d) All written comments must be received by the Control Officer within thirty (30) days from the publication date of the Notice of Proposed

Action.12.2.16.2 Distribution of Notice

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

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

(b) The chief executives of the city 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 from the source or modificat ion;

(e) The Regional Administrator 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 public comment period specified in Section 12.2.16.1, any person may petition the Control Officer, in wr iting, for a public hearing. All such petitions shall contain the petitioner’s name, a ddress, daytime telephone number, and the reason for requesting a hearing.

12.2.16.4 Time Frame

If a proper petition is filed, and the Control Officer determines that there is a significant degree of public interest, the Control Officer shall hold a public hearing no sooner than thirty (30) days after the date of the Notice of Pr oposed Action but no later than seventy (70) days, after the date of the N otice of Proposed Action. In determining if a significant degree of public inte rest exists, the Control Officer shall consider all relevant factors, including, but not limited to, the number of petitioners, the nature 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 receive no less than seven (7) days’ prior written notice of the date and location 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:(a) Consider all writt en comments submitted within a time specified in the notice of public comment, and all comments received at any pu blic hearing(s), in making a final decision on the approvability of the application. The Control Officer shall make all comments available for public inspection in the same locations where the Control Officer made available preconstruction information 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 available 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 i ncorporated 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 participation procedures, the applicant 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 the application submitted pursuant to Section 12.2 and with any changes to the application as required by the Control Officer, or with the terms of its Authority to Construct Permit, or any owner or oper ator of a source or modification subject to Section 12.2 who begins actual construction after the effective date of these AQRs without applying for and receiving an Authority to Construct Permit, shall be subject to enforcement

action.

12.2.17.2 Termination

An Authority to Construct Permit shall terminate if construction is not co mmenced within eighteen (18) months after receipt of such permit if constru ction is discontinued for a period of eighteen (18) months or more, or if co nstruction is not completed within a reasonable 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 apply to the time period b etween construction of the approved phases of a phased constructionproject; each phase must comme nce construction within eighteen (18) months of the projected and approved commencement date.

12.2.17.3 Compliance

The issuance of an Authority to Construct Permit shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of the Nevada SIP and any other requirements under local, state, or federal

law.

12.2.17.4 Relaxation in Enforceable Limitations

At such time that a particular stationary source or modification becomes a major stationary source or major modification 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 po llutant, then the requirements of Sections 12.2.9 through 12.2.17 shall apply

to the stationary source or modification as though construction had not yet commenced on the stationary source or modification.

12.2.18 Innovative Control Technology

12.2.18.1 Request for Approval

An owner or operator of a proposed major stationary source or major mo dificati on 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 affected states, determine that the major stationary source or major modification may employ a system of innovative control technology if:

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

(b) The owner or operator agrees to achieve a level of continuous emi ssions reduction equivalent to that which would have been required under Section 12.2.9.2 by a date specified by the Control Officer. Such date shall not be later than four (4) years from the time of sta rtup or seven (7) years 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 emi ssions rate that the stationary source employing the system of innov ati ve control technology would be required to meet on the date spec ified 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 A mbient 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 partic ipation, 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 approval to employ a system of inn ovative control technology made under Section 12.2.18.2 if:

(a) The proposed system fails by the specified date to achieve the r equired continuous emissions reduction rate;

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

(c) The Control Officer decides at any 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 station ary source or major modification fails to meet the required level of continuous emission reduction within 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 source or major modification up to an additional three (3) years to meet the 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 g overn actuals PALs.12.2.19.1 Applicability

(a) The Control Officer may approve the 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 change in the method of operation of, a major stationary source that maintains its total source

- wide emi ssions below the PAL level, meets the requirements of Section 12.2.19, and complies with the Authority to Construct Permit:

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

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

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

(c) Except as provided under paragraph (b)(3) of Sectio n 12.2.19.1, a major stationary source shall continue to comply with all applicable federal, state or county requirements, emission limitations, and work practice requirements that were established prior to the effective date

of the PAL.

12.2.19.2 Definitions

(a) Unles s the context otherwise requires, the following terms shall have the meanings set forth below for the purposes of Section 12.2.19. When a term is not defined in these paragraphs, it shall have the meaning given in Section 0, Section 12.4, or the Act.

(1) “Actu als PAL for a major stationary source” means a PAL based

on the baseline actual emissions of all emissions units at the source that emit, or have the potential to emit, the PAL pollutant.

(2) “ Allowable emissions” means “allowable 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 emission limitations that are e nforceable as a practical matter on the emissions unit’s p otential to emit.

(3) “Major emissions unit” means:(A) Any emissions unit that emits, or has the potential to emit, 100 tpy or more of the PAL pollutant in an attainment area;

or

(B) Any emissions unit that emits, or has the potenti al to emit, the PAL pollutant in an amount that is equal 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 po llutant at a major stationary source that is enforceable as a pra ctical matter and established source

- 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. However, the PAL effective date for an increased PAL is the date any emissions unit which is part of the PAL major modification becomes operational and b egins to emit the PAL pollutant.

(6) “ PAL effective period” means the period beginning with the PAL effective date and ending ten (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 method of operation of, the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

(8) “ PAL pollutant” means the pollutant for which a PAL is esta blished at a major stationary source.

(9) “ Significant emissions unit” means 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 significant level as defined in these AQRs or the Act, whichever is lower, for that PAL pollutant, but less than the amount that would qualify the unit as a major

emissions unit.

(10) “ Small emissions unit” mea ns 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.12.2.19.3 Permit Application Requirements

As part of a an application for a Part 70 Operating Permit requesting a PAL, the owner or operator of a major stationary source shall submit the following information to the Control Officer for approval:

(a) A list of all emissions units at the source designated as small, si gnif icant, or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal, state or county applicable requirements, emission limitations, or work practi ces apply to each unit;

(b) Calculations of the baseline actual emissions (with supporting doc umentation). Baseline actual emissions are to include emissions ass ociated not only with operation of the unit, but also emissions ass ociated with startup, shutdown, and malfunction; and

(c) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rol ling total for each month as required by paragraph (a) of Section

12.2.19.1 3.

12.2.19.4 General Requirements for Establishing PALs

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

(1) The PAL shall impose an annual emission limitation, in tpy, that is enforceable as a practical matter, for the entire major stati onary source. For each month during the PAL effective period a fter the first twelve (12) months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous twelve (12) consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month du ring 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 emissions 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 participation requirements in Section

12.2.19.5.

(3) The Authority to Construct Permit shall contain all the requir ements of Section 12.2.19.7.(4) The PAL shall include fugitive emissions, to the extent quanti fi able, 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 emissions of only one pollutant.

(6) Each PAL shall have a PAL effective period of ten (10) years.

(7) The owner or operator of the major 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 unit under the PAL through the PAL effective period.

(b) At no time during or after the PAL effective period are emissions r eductions of a PAL pollutant which occur during the PAL effective p eriod 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 reductions would be creditable in the
absence of the PAL.

12.2.19.5 Public Participation Requirements for PALs

PALs for existing major stationary sources shall be established, renewed, or increased through the public participation 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 source 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 pollutant under these AQRs or under the Act, whichever is lower. When establishing the actuals PAL level for a PAL pollutant, only one consecutive 24

- month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24

- month period may be used for each different PAL pollutant. 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 sp ecify a reduced PAL level(s) (in tpy) in the Authority to Construct Pe rmit, to become effective on the future compliance date(s) of any a ppli cable federal or state regulatory requirement(s) that the Control Officer is aware of prior to issuance of the permit.

(b) For newly constructed units (this does not include modifications to

ex isting units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actual emissions as specified inparagraph (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

Th e contents shall include the information in paragraphs Section 12.2.19.7 (a) through (j) as listed below:

(a) The PAL pollutant and the applicable source

- wide emission limitation in tpy.

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

(c) Specification in the permit that if a major stationary 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 e xpire at the end of the PAL effective period. It shall remain in effect until a revised Part 70 Operating Pe rmit is issued by the Control Officer;

(d) A requirement that emission calculations for compliance purposes i nclude emissions from startups, shutdowns, and malfunctions;

(e) A requirement that, once the PAL conditions expire, the major stati onary source is subject to the requirements of Section 12.2.19.9;

(f) The calculation procedures 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 stationary source owner or operator

monitor all emissions units in accordance with the provisions under Section 12.2.19.12;

(h) A requirement to retain the records required under Section

12.2.19.13 on

- site. Such records may be retained in an electronic format;

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

(j) Any other requirements that the Control Officer deems necessary to implement and enforce the PAL conditions.12.2.19.8 PAL Effective Period and Reopening of the PAL Conditions in a Part 70 Operating Permit

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

(a) PAL Effective Period. The Control Officer shall specify a PAL effe ctive period of ten (10) years from the date of issuance.

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

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

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

(B) Reduce the PAL if the owner or operator of the major st ationary 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 pr ovided under Section 12.2.19.11.

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

(A) Reduce the PAL to reflect newly applicable federal r equirements with compliance dates after the PAL effective

date.

(B) R educe the PAL consistent with any other requirement that is enforceable as a practical matter, and that the Control Officer may impose on the major stationary source under

the Nevada SIP.

(C) Reduce the PAL if the Control Officer determines that a r eduction is necessary to avoid causing or contributing to a National Ambient Air Quality Standard or PSD increment violation, or to an adverse impact on an air quality

- related value that has been identified for a federal 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 Se ction 12.2.19.8 for the correction of typographical/calculation e rrors 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 accordance with the procedures in Section 12.2.19.10 shall expire at the end of the PAL effective period, and the r equirements 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 u nder 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 specified for PAL renewals in paragraph (b) of Section 12.2.19.10, the major stationary source shall submit a proposed allowable emission limitation for each emi ssions unit (or each group of emissions units, if such a distrib ution is more appropriate as decided by the Control Officer) by distributing the PAL allowable emissions for the affected major stationary source among each of the emissions units that e xisted under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL e ffective period, as required under paragraph (e) of Section 12.2.19.10, such distribution shall be made as if the PAL had been adjusted

.

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

(b) Each emissions unit(s) shall comply with the allowable emission lim itation on a 12

- month rolling basis. The Control Officer may approve the use of monitoring systems other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limit ation.

(c) Until the Control Officer issues the 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 shall continue to comply with a source

- wide,

multi

- unit emissions cap equivalent to the level of the PAL emission

limitation.(d) Any physical change in, or change in the method of operation at, the major stationary source will be subject to major NSR requirements if such change meets the definition 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 elim inated by the PAL in accordance with 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 specified in Sections 12.2.19.5 and 12.4 in approving any request to renew the PAL cond itions in a Part 70 Operating Permit, and will provide both the pr oposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by

the Control Officer.

(b) Application Deadline. A major stationary source owner or operator shall submit a timely application to the Control Officer to request r enewal 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 containing the PAL. This deadline for appl ication 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 application to renew the PAL conditions in a Part 70 Operating Permit within this time period, then the PAL conditions shall continue to be effective until the revised permit with

the renewed PAL conditions is issued.

(c) Application Requirements. The application to renew PAL cond itions shall be incorporated into the application for renewal of the a ffected Part 70 Operating Permit, and shall contain the information required in paragraphs (c)(1) through (c)(4) of Section 12.2.19.10:

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

(2) A proposed PAL level;

(3) The sum of the PTE of all emissions units under the PAL (with supporting documentation); and(4) Any other information the owner or operator wishes the Control Officer to consider in determining the appropriate level for r enewing the PAL conditions.

(d) PAL Adjustment. In determining whether and how to adjust the PAL, the Control Officer will consider the options outlined in par agraphs (d)(1) and (d)(2) of this Section 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 may renew the PAL at the same level without considering the factors set forth in paragraph (d)(2) of Section 12.2.19; or

(2) The Control Officer may set the PAL at a level that he dete rmines to be more representative of the source’s baseline actual emissions, or that he or she determines to be appropriate cons idering air quality needs, advances in control technology, anti cipated economic growth in the area, desire to reward or encou rage the source’s voluntary emissions reductions, or other factors as specifically identified by the Control Officer in his or

her written rationale.

(3) Not withstanding paragraphs (d)(1) and (d)(2) of Section 12.2.19:

(A) If the PTE of the major stationary source is less than the PAL, the Control Officer shall adjust 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 the 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 the PAL effective period, and if the Control Officer has not already adjusted for such requirement, the PAL shall be adjusted at the time the affected Part 70 Operating

Permit is renewed.

12.2.19.11 Increasing a PAL during the PAL Effective Period

(a) The Control Officer may increase a PAL emission limitation only if the major stationary source complies with the provisions in paragraphs (a)(1) through (a)(4) of Section 12.2.19.11:(1) The owner or operator of the major stationary source shall su bmit a complete application to request an increase in the PAL li mit as a significant revision to the affected Part 70 Operating Permit. Such application shall identify the emissions unit(s) co ntributing 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, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls), plus

the sum of the allowable emissions of the new or modified emi ssions unit(s), exceeds the PAL. The level of control that would

result from BACT

- equivalent controls on each signif icant or m ajor emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the precedin g 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 p aragraph (a)(1) of Section 12.2.19.11, regardless of the magn itude of the emissions increase resulting from them. The emi ssions unit(s) shall comply with any emissions requirements resulting from the Authority to Construct Permit issuance process, even though it has also become subject 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 emi ssions unit that is part of the significant permit revision becomes operational and begins to emit the PAL pollutant.

(b) The Control Officer shall calculate the new PAL as the sum of the a llowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT

- equivalent controls as determined in accordance with paragraph (a)(2) of Section 12.2.19.11), plus the sum of the baseline actual emissions of the

small emissions units.(c) The PAL conditions in a Part 70 Operating Permit shall be revised to reflect the increased PAL level pursuant to the public notice requir ements of Section 12.2.19.5.

12.2.19.12 Monitoring Requirements for PALs

(a) General Requirements

(1) The PAL c onditions in a Part 70 Operating Permit must include enforceable requirements for the monitoring system that acc urately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system auth orized for use in the PAL conditions must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information ge nerated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL co nditions.

(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 paragraphs (b)(1) through (b)(4) of Section 12.2.19.12, and must be approved by the Control Offi cer.

(3) Notwithstanding paragraph (a)(2) of Section 12.2.19.12, the PAL monitoring system may also employ 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 system that meets the requirements
of Section 12.2.19 renders the PAL invalid.

(b) Minimum Performance Requirements for Approved Monitoring Approaches. The following are acceptable general monitoring a pproaches when conducted in accordance with the minimum requir ements in paragraphs (c) through (i) of Section 12.2.19.12:

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

(2) CEMS;

(3) CPMS or PEMS; and

(4) Emission factors.(c) Mass Balance Calculations. An owner or operator using mass ba lance calculations to monitor PAL pollutant emissions from activities using coatings or solvents shall meet the following requirements:

(1) Provide a demonstrated means of validating the published co ntent of the PAL pollutant 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 the 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 used 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 site

specific monitoring program to support another content within the range.

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

(1) The CEMS must comply with applicable performance specific ations 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 the emissions unit is operating.

(e) CPMS or PEMS. An ow ner or operator using a CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requir ements:

(1) The CPMS or PEMS must be based on current site

- specific data demonstrating a correlation between the monitored param eter(s) and the PAL pollutant emissions across the range of o peration 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 i nterval approved by the Control Officer, while the emissions unit is operating.

(f) Emission Factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requir ements:(1) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors’ deve lopment;

(2) The emissions unit shall operate 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 within six (6) months of permit i ssuance unless the Control Officer determines that testing is not required.

(g) A source owner or operator must record and report maximum pote ntial emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for d etermining 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 param eter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Control Officer shall, at the time of permit i ssuance:

(1) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably est imated at such operating point(s); or

(2) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored p arameter(s) and the PAL pollutant emissions is a violation o f the

PAL.

(i) Revalidation. All data used to establish the PAL pollutant must be revalidated through performance testing or other scientifically valid means approved by the Control Officer. Such testing must occur at least once every five (5) years after issuance of the Part 70 Opera ting 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 dete rmine compliance with any requirement of Section 12.2.19 and of thePAL, including a determination of each emissions unit’s 12

- month rol ling total emissions, for five (5) years 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 d uration of the PAL effective period plus five (5) years:

(1) A copy of the PAL provisions in a permit application for a Part 70 Operating Permit and any applications for revisions to the a ffected Part 70 Operating Permit relevant to the PAL; and

(2) Each annual certification of compliance pursuant to the cond itions in the affected Part 70 Operating Permit and the data r elied on in certifying the compliance.

12.2.19.14 Reporting and Notification Requirements

The owner or operator shall submit semiannual monitoring reports and prompt deviation reports to the Control Officer, in accordance with the co ndi tions in the affected Part 70 Operating Permit. The reports shall meet the requirements in paragraphs (a) through (c) o f 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 par agraphs (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 t otal for each month in the reporting period recorded pursuant to paragraph (a) of Section 12.2.19.14;

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

(4) A list of any emissions units modified or added to the major st ationary source during the preceding 6- month period;

(5) The number, duration, and cause of any deviations or monito ring 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 monitoring system, wh ether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system willbe fully operational or replaced with another monitoring system, whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined 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

tr uth, 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 deviation reports shall be submitted within the time limits prescribed by the affected Part 70 Operating Permit. The reports shall contain the following information:

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

(2) The PAL requirement that experienced 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 completion 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 regulations incorporating these requir ements into the Nevada SIP.

(b) The Control Officer may supersede any PAL which was established prior to the date of appro val of the Nevada SIP by the Administrator with a PAL that complies with the requirements of Sections 12.2.19.1 through 12.2.19.15.12.2.20 Invalidation

If any provision of Section 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 persons 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.

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